without legally conducted procedure. In cases where the expropriation procedure was
initiated, citizen complaints referred to long duration of such procedures.
Complaints in the field of urbanistic and spatial planning in certain number referred also
to the failure of competent bodies to act upon legal remedies stipulated by the Law on
Planning and Construction, and after the intervention of the Protector of Citizens,
authorities took measures to remove these irregularities.
Acting upon the complaint of the Citizen group from Užice with regards to the
effectiveness of legal remedies stipulated for the disputing of design documents, the
Protector of Citizens issued the opinion 175 to the Ministry of Construction, Transportation
and Infrastructure with the aim of ensuring that competent inspections may in full capacity
perform their supervision function prescribed by provisions of the Law on Planning and
Construction176.
The overview of key shortcomings in the operation of the administrative authority:
1.
2.
3.
4.
Ministry of Construction, Transportation and Infrastructure still has not provided in a
sufficient extent conditions for consistent application of the Law on Legalization of
Facilities in terms of staff, technical, financial and other necessary conditions.
Executive orders on the removal of illegally constructed facilities are not implemented
pursuant to the Law on Planning and Construction.
The legally prescribed obligation, the cooperation of the City Administration of the City
of Belgrade with the Protector of Citizens, in most of the cases is not established in a
satisfactory level.
The City of Belgrade did not create financial and staff conditions for the purpose of
efficient realization of assumed inspection activities in the field of construction of
facilities177.
Real Estate Cadaster
After moving to the system of electronic entry into the real estate cadaster (1st July, 2018), the
Protector of Citizens identifies effects of the improvement of the normative framework in this
field and does not record violations of citizen rights caused by actions of the subjects (public
notaries, public enforcement officers, courts, public authorities, local self-government unit
authorities) which submit to the service for real estate cadaster decisions they pass, executing
or confirming.
Beside the fact that by the system of electronic entry into the real estate cadaster the procedure
of the entry into the cadaster is accelerated, deadlines for decision making of services for real
estate cadaster as the first-instance body and Republic Geodetic Authority as the secondinstance body are still exceeded on multiple occasions, which is the most frequent reason why
citizens contact the Protector of Citizens.
Actions of the Protector of Citizens upon complaints due to the failure to make decisions
within legally prescribed deadlines provided great number of citizens with more efficient
exercise of rights. Having learned that the Protector of Citizens initiated an oversight
Available at: https://ombudsman.rs/index.php/2011-12-11-11-34-45/6220-ishlj-nj-z-sh-i-ni-gr-d-n-z-l-nj-nj-nd-r-c-n-s-i-u-z-ns-i-r-sh-nji-z-s-v-riv-nj-n-dz-rn-fun-ci-gr-d-vins-ih-insp-r-u-pun-p-ci-u.
176 The supervision of the execution of provisions of this law and regulations passed on the basis of this law is
performed by the ministry competent for the activities of urbanism and construction the Inspection supervision is
performed by competent ministry via inspectors within the scope designated by the law (Article 172 of the Law on
Planning and Construction).
175
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