The Protector of Citizens received also complaints of citizens about the operation of public
enforcement officers, whose operation is not within the competence of this body to control.
The most frequent problems presented by citizens with regards to the operation of public
enforcement officers referred to the amount of enforcement expenses, especially the Public
Enforcement Officer Tariff147, unjustified increase of expenses as well as the problems with
regards to the submission of documents in the enforcement procedure. Regarding the
submission of documents in the enforcement procedure, citizens express most often in their
complaints the doubt that the submission to them was not performed in compliance with the
law, emphasize that the notification on attempted submission (i.e. the notification on the
placement on the notice board) was not submitted as prescribed by law and that they find out
about the enforcement only when the deadline for the declaration of the legal remedy passed.
It was also indicated to the different practice of public enforcement officers with regards to
the submission of documents. Furthermore, complaints also referred to the operation of the
Ministry of Justice and Chamber of Public Enforcement Officers with regards to acting upon
complaints to the operation of public enforcement officers and performance of the supervision
of their operation.
Taking into account the frequency of complaints referring to the mentioned problems, their
importance as well as the assessment that the Law on Amendments to the Law on Execution
and Provision148 did not solve mentioned problems completely, the Protector of Citizens
issued to the Ministry of Justice and Chamber of Public Enforcement Officers the Opinion149
in which he indicated to the need to review Public Enforcement Officer Tariffs, establishment
of an efficient mechanism of the submission and equal activities of public enforcement officers
with regards to the submission, so as to provide their uniform activities. At the same time, it
was indicated to the need of strengthening of the mechanism of the control of operation and
responsibilities of public enforcement officers and consistent application of regulations which
regulate the performance of the supervision of their operation.
New Public Enforcement Officer Tariff150, which came into force on 1st January, 2020,
individual amounts of the compensation for the operation of public enforcement officers were
reduced, however, it remains to be seen what its effects will be.
When it comes to the supervision of the operation of public enforcement officers, through
complaints of citizens, the Protector of Citizens notices that citizens are not entirely familiar
with the authorizations of supervisory authorities, so very often they expect that the
Ministry/Chamber make decisions referring to the very process of enforcement through the
oversight procedure, i.e. to abolish or amend the decision of the public enforcement officer.
In this reporting period as well, citizens indicated in their complaints issued to the Protector
of Citizens to the activities of the Ministry of Justice indicated to the need of the provision of
functionality of the supervision of the operation of public enforcement officers and consistent
application of regulations which regulate this field. After the initiation of the oversight
procedure, the omissions were removed.
Acting upon complaints of the citizens to the operation of the Chamber, the Protector of
Citizens confirmed that in the formal-legal sense, the Chamber acts in compliance with
regulations.
“Official Gazette of RS“, no. 59/16.
“Official Gazette of RS“, no. 54/19.
149 Opinion available at: https://ombudsman.rs/index.php/2011-12-11-11-34-45/6342-z-sh-i-ni-gr-d-n-upu-iishlj-nj-inis-rs-vu-pr-vd-i-ri-vnih-izvrshi-lj.
150 “Official Gazette of RS“, no. 93/19.
147
148
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