During 2019 citizens indicated to the Protector of Citizens in their complaints also to the
dissatisfaction with tax debt to registered weapons even though they possess evidence that
their weapons were stolen or temporarily confiscated. Pursuant to the amendments to the
Law on Taxes to Use, Possession and Carrying of Goods152, registered weapons whose
disappearance was reported to the competent authority, which was recorded as passivized,
will be exempted from taxation within the period starting with the day when the
disappearance was reported concluding with the day which precedes the day of the return of
the found weapons to the owner. In this manner the long-term problem of citizens with
regards to taxation of the weapons they do not possess will be overcome.
In the reporting period citizens contacted the Protector of Citizens with complaints about the
operation of the Ministry of Finance as the second-instance authority because of the failure to
decide within legal deadline about complaints against the decision of Tax Administration and
local tax administrations. The established good cooperation of the Ministry of Finance with
the Protector of Citizens was continued and identified omissions in operation were removed.
Internal affairs
In the reporting period the Protector of Citizens conducted oversight procedures in various
cases in which the Ministry of Interior (hereinafter: MoI) did not decide on requests for
entrance into citizenship, discharge from citizenship, obtaining of travel document, alteration
of residence, registration of a vehicle within the legal deadline. Complaints also referred to
the rejection of the request for keeping and bearing arms, confiscation of weapons and gun
licenses, obtaining of the license for performing the activities of security officers, failure to
decide upon complaints within legal deadline, failure to decide upon the request for
unfoundedly paid funds, refusal to let foreign citizens enter the Republic of Serbia,
dissatisfaction of citizens with filing of the request for the initiation of misdemeanor
proceedings.
The Protector of Citizens estimates that during the reporting period the activities of the MoI
pursuant to the Law on General Administrative Procedure153 (hereinafter: LAP) were
improved, therefore, unlike previous years, to a lesser extent, the decision making on citizens
requests without following of the legal form was noticed. However, in 2019 it was noticed as
well that citizens were informed by notifications, instead of decisions, that their request
cannot be adopted and in this manner they were deprived of the option of using regular legal
remedy – complaint (two-instance level in decision making) and of later conducting of
administrative dispute. After the Protector of Citizens initiated the oversight procedure, the
MoI removed the omissions and in relation to such requests passed administrative acts. What
is noticeable is the continued education of police officers with regards to consistent and even
application of the LAP in all situations upon requests of citizens.
The Protector of Citizens believes that the control and examination of regularity and legality
of first-instance decisions in the second-instance proceedings was improved, which was one
of remarks in the Annual Report for 2018. In certain cases, in which the Protector of Citizens
had insight, second-instance authorities annulled first-instance decisions and regularly
confirmed the shortcomings in operation and decision making of first-instance authorities.
Certainly, it should be continued with good practice of second-instance authorities in the
sense that every first-instance decision should be examined in its entirety. The Protector of
Citizens emphasizes also that he received a certain number of complaints about untimely
152
153
“Official Gazette of RS“, no. 86/29 dated 6th December, 2019 in force since 1st January, 2020
“Official Gazette of RS“, no. 18/16 and 95/18.
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