for increased housing costs as well as illegal determination of the right to solving of housing
needs. As for the Rulebook on Solving of Housing Needs of employees at the Ministry of
Defense and Serbian Armed Forces161, as well as the conditions for solving of their housing
issue, during the previous year there were no announced changes implemented, even though
the need for passing of regulations which would remove identified problems and contribute
to more complete and efficient solving of housing needs of employees at the Ministry of
Defense and Armed Forces of Serbia is still present.
Acting upon the received complaint, the Protector of Citizens confirmed that the Ministry of
Defense committed an omission to the detriment of the rights of the complainant in the
procedure of passing of the decision on his right to work because in deciding in repeated
procedures in the same administrative case there was no acting upon binding remarks and
legal interpretations from the verdicts of the Administrative Court and decision of the
Constitutional Court. With the aim of the removal of the identified omission, the Protector of
Citizens issued to the Ministry of Defense the recommendation that without any delay the
option of passing of a corresponding act which would amend or annul its decision should be
passed acting upon binding remarks and legal interpretations from the verdicts of the
Administrative Court and decision of the Constitutional Court. Furthermore, the
recommendation was given to the Ministry of Defense that a written apology should be sent
to the complainant due to the omission committed during deciding on his right to work. The
deadline of 60 days since the day of the reception of the recommendation was given to the
authority to act upon recommendations and inform the Protector of Citizens on acting with
the submission of relevant documentation and other evidence on the basis of which it can be
determined with certainty that there were activities upon the recommendations of the
Protector of Citizens. The deadline for actions upon recommendation is in progress.
During the reporting period, the Protector of Citizens issued to the Ministry of Defense the
opinion on the Draft of the Law on Health Protection and Health Insurance of Military
Insurance Beneficiaries162 and on the Draft of the Law on the Rights of Veterans, Military and
Civil Disabled Persons in War and Members of Their Families163. The Protector of Citizens notes
that the cooperation with the Ministry of Defense, during the reporting period, was
satisfactory.
Health
In 2019 two new systemic laws were passed - the Law on Health Protection and Law on Health
Insurance164, which are enforced since 11th April, 2019 so the effects of the enforcement cannot
be analyzed yet. Also, during 2019 citizens indicated to difficulties in the exercise of the right
from the mandatory health insurance primarily with regards to scheduling of the specialistic
and consultative examinations as well as to alleged professional mistakes in the treatment of
patients and generally lower level of the quality of provided health care services. When it
comes to the exercise of the rights to medications, in some of the complaints it was requested
from the Protector of Citizens to help, inter alia, in the provision of more contemporary and
efficient medications and innovative therapy.
“Official Army Gazette“, no. 14/14, 31/15 and 9/17.
Available at: https://www.ombudsman.rs/index.php/2011-12-11-11-34-45/6332-z-sh-i-ni-gr-d-n-d-s-vi-inisrs-vu-dbr-n-ishlj-nj-n-n-cr-z-n-zdr-vs-v-n-sigur-nju-i-zdr-vs-v-n-z-sh-i-i-v-nih-sigur-ni.
163 Available at: https://www.ombudsman.rs/index.php/2011-12-11-11-34-45/6397-ishlj-nj-z-sh-i-ni-gr-d-n-n-ncr-z-n-pr-vi-b-r-c-v-nih-inv-lid-civilnih-inv-lid-r-i-cl-n-v-njih-vih-p-r-dic.
164 “Official Gazette of RS“, no. 25/19.
161
162
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