POSLOVI REPUBLIČKE UPRAVE SA OSVRTOM NA INSPEKCIJSKI NADZOR

Abstract

In this paper, the author writes about the affairs of the state administration of the Republic of Serbia, which are numerous and heterogeneous and cannot be brought under one legal regime. Attention was first drawn to the decisions of the Civil Service Law of 1992, which had to follow the decisions of the 1990 Constitution. Namely, the 1990 Constitution listed the affairs of the state administration. This means that it is not just the abovementioned executives as in the 2006 Constitution. This means that it is not just the abovementioned executives as in the 2006 Constitution. The 1992 law is "interesting" also because of the length of its implementation with regard to inspection provisions, which have been in force for 24 years, because there is no systemic law in this area. The provisions on inspection in the Civil Service Act of 1992, meanwhile, became anachronistic and it was necessary to pass a comprehensive Law on Inspection beforehand. It is not only for these reasons that the jobs and tasks of the state administration under the Civil Service Act 1992 are presented, along with theoretical views from that time. The 2005 Law on Public Administration introduces seven groups and tasks of the state administration into the legal order of Serbia, namely: 1) participating in shaping the Government's policy; 2) monitoring the situation; 3) enforcement of laws, other regulations and general acts; 4) inspection supervision; 5) taking care of public services; 6) development jobs and 7) other professional jobs. These jobs can be further classified into administrative and non-administrative. It was pointed out that the Law on State Administration of 2005 does not mention administrative control, which cannot in any way lead to the conclusion that in the legal order of the Republic of Serbia this job of state administration is not performed. The 2005 Act only regulates inspection supervision as a special type of control exercised by state administration bodies in relation to other entities. The subject of inspection supervision is the lawfulness of the work and conduct of natural or legal persons, and is carried out by direct inspection. Special attention was paid to the article on inspection. More specifically, attention was paid to the reasons for the adoption of the Inspection Supervision Act of 2015 and the basic characteristics of inspection supervision. At the end of the paper, attention is drawn to the introduction of "surreptitious purchases" in the Serbian positive-legal inspection system based on the Law on Amendments to the Inspection Supervision Act 2018. Among other things, the final considerations indicated that "covert purchase" was a separate inspection method and means of proof. It is argued that this specific method of inspection will accelerate fair competition and be one of the means in the hands of the state administration to curb the informal economy.