supply or electric power cut from the electric power distribution system. As a rule, the stated
business entities, in the suspension or cut off of beneficiaries from the electric power network
adhere to their authorizations and procedures stipulated by the Law on Energy230 and due to
that, the Protector of Citizens most frequently does not have reasons to conduct oversight
procedures of their operation. However, it should be pointed out that in the reporting period
the stated business entities showed understanding for the problems of the elderly and weak
and persons in specific circumstances, so after the Protector of Citizens contacted “EPS
Distribution” in one case it met the needs of a female complaint who was an elderly person
and signed the Contract on taking over of the connection which meant that it assumed the
obligation of its maintenance and removal of malfunction, which would otherwise go to the
expense of the complainant. Also, after the intervention of the Protector of Citizens, the electric
power supply of the tenants of the Bristol hotel was continued in May 2019.231
For the field of construction and infrastructure in the reporting period the characteristics is
the great number of complaints of citizens who have the status of lessees for indefinite period
of time of flats owned by citizens, endowments and foundations. More specifically, citizens
with the stated status contacted the Protector of Citizens due to dissatisfaction with certain
solutions of the valid Law on Housing and Building Maintenance232 and introduction of the
new model of calculation of leasing, which stipulates the determination of multiple higher
amount of leasing than those stipulated by then by the Law on Housing,233 as well as the fact
that there is legal stipulation of their obligation to move out of flats they used by then when
legally prescribed conditions are met.
The Protector of Citizens records, on the basis of the work upon received complaints, that
there is the need to amend existing regulations since they contain unjust decisions which lead
to the violation of rights of the stated categories of citizens, so two initiatives were sent to the
Ministry of Construction, Transportation and Infrastructure, one in February234 and the other
in September235 2019. The first one contains the proposal to amend the provision of the Law
on Housing and Building Maintenance which prescribes the new manner of calculation of the
monthly leasing of lessees for indefinite period of time of the flat owned by citizens,
endowments and foundations, in the manner that the confirmed amount of the leasing does
not endanger the living standard of lessees or the option of the moving out of the flat because
of the termination of the contract by the owned, due to inability of the lessee to pay for the
amount of the leasing. The other one proposes prescribing of limitations for granting of
subsidies as residential allowance of lessees for indefinite period of time of the flat owned by
citizens, endowments and foundations, on the basis of which the subsidy is designed for the
amount of difference between the amount of the leasing and income of the lessee (i.e. the
income of their household). The Law on Amendments to the Law on Planning and
Construction236 returned the old manner of the calculation of leasing, which would reduce the
amounts of leasing significantly in comparison to the current amounts of the leasing
The Law on Energetics, “Official Gazette of RS“, no. 145/14 and 95/18 – state law.
“Military pensioners terminated the hunger strike, electric power supply on at Bristol hotel”, The Protector of
Citizens, 18th May, 2019, available at: https://www.ombudsman.rs/index.php/2011-12-25-10-17-15/2011-12-2610-05-05/6127-v-ni-p-nzi-n-ri-pr-inuli-sh-r-gl-du-u-ljuc-n-s-ru-u-h-lu-bris-l.
232 The Law on Housing and Building Maintenance, “Official Gazette of RS“, no. 104/16.
233 The Law on Housing, “Official Gazette of RS“, no. 50/92, 76/92, 84/92- correction, 33/93,53/93-state law,
67/93-state law, 46/94, 47/94-correction, 48/94-state law, 44/95-state law, 49/95, 16/97, 46/98, 26/01, 101/05,
99/11 и 104/16-state law.
234 Available at: https://www.ombudsman.rs/index.php/zakonske-i-druge-inicijative/6032-inici-iv-z-sh-i-ni-grd-n-z-iz-nu-z-n-s-n-v-nju-i-drz-v-nju-zgr-d.
235 Available at: https://www.ombudsman.rs/index.php/zakonske-i-druge-inicijative/6278-inici-iv-z-sh-i-ni-grd-n-inis-rs-vu-gr-d-vin-rs-v-s-br-c-i-infr-s-ru-ur-u-v-zi-s-iz-n-i-d-pun-z-n-s-n-v-nju-i-drz-v-nju-zgr-d.
236 The Law on the Amendments to the Law on Planning and Construction, “Official Gazette of RS“, no. 9/20.
230
231
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