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Administrative Inspection

Control of Applying of the Regulations

Laws and other regulations whose application is controlled by the Administrative Inspection

Regulations whose application is controlled by the Administrative Inspection:

  • Law on Administration;
  • Decision on primary activities and assistance-technical activities and conditions for their performing in the administrative bodies of institutions of Bosnia and Herzegovina;
  • Decision on principles for establishing of the internal organization of administration of the institutions of BiH and other sub-law acts passed on the basis of this Law; 
  • Law on Ministries and Other Bodies of Administration of Bosnia and Herzegovina;
  • Law on Registration of the Legal Persons Established by the Institutions of Bosnia and Herzegovina;
  • Law on Minister Appointments, Appointments of the Council of Ministers and other appointments of Bosnia and Herzegovina;
  • Law on Use and Protection of Name of Bosnia and Herzegovina;
  • Law on Civil Service in the Institutions of Bosnia and Herzegovina and all sub-law acts passed on the basis of this law;
  • Law on Labour in the Institutions of Bosnia and Herzegovina and all sub-law acts passed on the basis of this law;
  • Law on Administrative Procedure;
  • Decision on office operations of ministries, services, institutions and other bodies of the Council of Ministers of Bosnia and Herzegovina; 
  • Instruction on the way of performing office operations of ministries, services, institutions and other bodies of the Council of Ministers of Bosnia and Herzegovina;
  • Law on Seals of the Institutions of Bosnia and Herzegovina;
  • Law on Archive Files and Archive of Bosnia and Herzegovina  and all other regulations whose control of application is under the jurisdiction of the Administrative Inspectorate at the state level, and  
  • Lex specialis regulations which prescribe that Administrative Inspection is authorized for control of their applying. 

 Initiation of the Administrative Inspection

The inspection is initiated and conducted by the administrative inspector ex-officio.
Every natural or legal person has a right to submit a request, or address the authorities in written or oral form, in order to protect his/her rights established by laws and other regulations whose control of application is under the jurisdiction of Administrative Inspection, in all cases when exercising their rights or legal interests or executing obligations at the administrative bodies is in any way hindered. 

 Performing of the Administrative Inspection

Administrative inspection is conducted upon the request for conducting an administrative inspection. The administrative inspector writes minutes about the conducted inspection which obligatorily consist the established state of facts, irregularities and shortcomings in work. The copy of the minutes is delivered to the manager of an administrative body or other organ, and if necessary to the Council of Ministers. The administrative inspector informs the requester in written form about the undertaken measures, within the legally proscribed period. If the administrative inspector concludes that the irregularities and shortcomings in the work are the consequence of the lack of competence of the authorized official holding certain position, he will suggest to the manager of the administrative or some other body that the mentioned official should be moved to some other post.  

Issuing of Decision

If during an inspection, the administrative inspector establishes that the law or some other regulation has been violated, he is obliged to issue a decision by which he orders removing the found irregularities and shortcomings within the determined period of time, undertaking of appropriate administrative actions which administrative or other bodies are obliged to undertake, or undertaking some other administrative measures or actions for which he is authorized by special law or some other regulation.   

Lodging a Complaint against Decision

The manager of the administrative body or some other body may lodge a complaint against the decision of the administrative inspector within the period of eight days from the date of receiving the decision. The complaint is submitted to the Minister of Justice of Bosnia and Herzegovina.
The complaint against the decision of the administrative inspector postpones the execution of the decision.
The administrative dispute at the competent court may be initiated against the decision of the Minister of Justice.    

Obligations of Administrative Bodies and other Bodies towards the Administrative Inspection

Every administrative body and other bodies whose work can be a subject of administrative inspection, is obliged to enable the administrative inspector to conduct the administrative inspection and to give him/her all necessary notices and data which are important for conducting of the inspection.  

The Relation between Administrative Inspection and the Council of Ministers

If the administrative inspector establishes that by violations of laws and other regulations, the citizens, public corporations, chambers, public enterprises, agencies and other legal persons have been disabled to enjoy their rights and legal interests within the prescribed periods of time, or in some other way, the administrative inspector is obliged to, without any delay, inform the Council of Ministers in written form, to point out the consequences which have emerged from the given state or could have emerged, and to suggests the undertaking of the appropriate measures.  

 

Ministry of Justice of Bosnia and Herzegovina has a jurisdiction over the control of application of the system organizational regulations as well as regulations which apply on the civil servants and employees of the administrative bodies, administrative procedure and special administrative procedures as well as office operations in the administrative bodies.