REPUBLIC OF SRPSKA
REPUBLIC ADMINISTRATION FOR INSPECTION AFFAIRS
THE REPUBLIC OF SRPSKA INSPECTORATE
.
.
.
REPUBLIC OF SRPSKA
REPUBLIC ADMINISTRATION FOR INSPECTION AFFAIRS
THE REPUBLIC OF SRPSKA INSPECTORATE
.
.
.
In the sense of Article 41, paragraphs 1 and 2 of the Law on Inspections in the Republic of Srpska, the person who submitted the request is not and cannot be a party in the inspection surveillance of other persons, i.e. the persons who were reported to be acting against the regulations. In the sense of Article 35, paragraph 1 of the Law on Inspections in the Republic of Srpska, an inspection surveillance procedure is started and conducted exclusively Ex Officio by an inspector, therefore, the submitted request has no legal importance for the inspector, according to which the inspectors would be legally obliged to start an inspection surveillance procedure based on that request.
However, in the sense of Article 35, paragraph 2 of the Law on Inspections in the Republic of Srpska and Article 112, paragraph of the Law on the General Administrative Procedure, while starting an inspection surveillance procedure, the inspector is obliged to take into consideration requests made by citizens and other persons, and send an appropriate and timely information in response to those requests. In that sense, a well-grounded and well-supported request – an initiative for inspection surveillance, is certainly going to be taken into consideration as important knowledge which is ultimately going to lead to the initiation of an inspection surveillance procedure, an unplanned inspection (immediately) or a planned inspection (later, by including the request in the plan of inspections).
The authentic interpretation of the Republic of Srpska laws is given by the Republic of Srpska National Assembly in a specially prescribed procedure. In regards to giving opinions on the correct implementation of regulations, the Administration for Inspection Affairs conducts inspection surveillance, i.e. controls the adherence to the regulations and it is not authorised to give opinions in regards to their implementation. The opinion on the correct implementation of regulations can be asked from the competent Ministry or another public administration authority which enacted the regulation, or created it (drafted the draft/bill of the regulation). The Administration for Inspection Affairs is going to give opinions exclusively on the implementation of the Law on Inspections in the Republic of Srpska and its bylaws, considering the fact that it created, or enacted it.
Citizens and other persons can always address the inspection authorities when in possession of information on violations of the regulations under the competence of the inspection authorities in the sense of Articles 15 through 28 of the Law in Inspections in the Republic of Srpska and special substantive regulations that regulate certain administrative areas.
However, only objective respect of regulations and obligations stemming from them can be a subject of inspection surveillance by an inspector. The inspection authorities, while performing inspection surveillance work, control the respect of regulations first and foremost for the sake of the protection of public interests defined in the law. Only if a particular case certain private interest is at the same time defined as public (e.g. rights from labour relations, consumer protection, etc.), i.e. if a private interest fully or partially overlaps (entwines), that is has certain connection with a public interest (e.g. constructing a building without a license which endangers neighbouring lots, etc.), it makes sense to address the inspection authorities for the protection of violated or endangered personal rights and legal interests.
The person who is not pleased with the work of an inspector of a local self-management unit can, first of all, address inspector’s manager, i.e. the Mayor/Chief of Municipality, in terms of responsibility of the inspector as an employee of the local self-management unit. Along with that, that person can also address the Administration for Inspection Affairs of the Republic of Srpska, which, in the sense of Article 11 of the Law on Inspections in the Republic of Srpska and the Law on Republic Administration, conducts administrative surveillance over the work of inspectors in the local self-administration units in conducting delegated inspection surveillance duties.
In cases when a consumer notices that a foodstuff is irregular after the purchase, he needs to return it to the seller and in accordance with the Law on Consumer Protection ask for the protection of his/her rights, and report the case to the closes municipal/city or republic food safety inspection service. We stress that the buyer always need to ask for a receipt for purchased goods, because the receipt is the only proof that the goods were purchased in a certain facility.
The Law on Food (Official Gazette of the Republic of Srpska, No. 19/17) stipulates in Article 3, paragraph 2 that the term “food” includes drinks. The Law on Protection of the Population from Infectious Diseases (Official Gazette of the Republic of Srpska, No. 90/17, 42/20 and 98/20) stipulates that, in order to prevent the transmission of infectious diseases, persons who work in the production, processing and distribution of food, among others, are placed under health surveillance.
Article 21 of the Law on the Protection of the Population from Infectious Diseases stipulates that health surveillance includes sanitary examination and monitoring of germs detected by sanitary examination. Sanitary examination is performed during employment procedure and then every six months, and if there are epidemiological indications, more often. The costs of sanitary examination are borne by the employer.
Therefore, although persons are employed in catering facilities where only drinks are served, in accordance with the above-mentioned laws, they are obliged to perform a sanitary examination at least every six months.
Article 49 of the Republic of Srpska Law on Food (“Official Gazette of the Republic of Srpska”, issue: 49/09) prescribes that food placed on the market of the Republic of Srpska must have a declaration. This means that products placed on the market by a business entity working with food in original packaging must have on their wrapping, label or lid a trade mark, brand name, symbol marking food, written designations and documents that accompany or relate to food.
The declaration must be in one of the official languages and alphabets used in the Republic of Srpska and must be visible, clear and readable. The declaration must have the following data:
For food not in its original packaging, and which is packed during sale while the end user is present or not, provisions prescribed in this Law are used. The responsibility for declaring non- packaged food is on the food operator who places the food on the market.
Food declarations are prescribed in more detail in the Rulebook on Food Declarations (“Official Gazette of the Republic of Srpska”, issue: 82/10).
According to the Rulebook on the provision of information to consumers about food, Аnnex 10 (“Official Gazette of the Republic of Srpska”, issue 09/18), the expiry date is not mandatory for:
– fresh fruit and vegetables,
– drinks with alcohol contents of 10% and over,
– wine, liqueur wine, sparkling wine, flavoured wine and similar products produced from various types of fruit, except from grapes,
– bakery products that, due to their contents and purpose, are consumed within 24 hours from the moment of production,
– vinegar,
– kitchen salt
– sugar in solid form,
– products made exclusively from flavoured, or enriched sugar,
– chewing gums and similar chewing products.
According to the Law on Consumer Protection in the Republic of Srpska, the book of complaints is mandatory in all establishments where sale of goods or provision of services is conducted on a commercial basis. Considering the obligation to have a book of impressions in catering establishments, where the contents of the book of impressions matches the contents and purpose of the book of complaints, there is no need to have a separate book of complaints in catering establishments, since the Law on Catering is a specialised law for the catering area in relation to the Law on Consumer Protection in the Republic of Srpska.
In regards to provisions of specialised laws such as the Law on Trade (Article 18) and Law on Catering (Article 8), it is mandatory to obtain licenses for all businesses that perform trading and catering activities, as well as in other cases when it is prescribed with a specialised substantive regulation.
In 2007, the Central Bank of Bosnia and Herzegovina adopted Guidelines on rounding of amounts for payment in cash payment transactions (Official Gazette of the Republic of Srpska, No. 111/07), on the basis of which prices are rounded as follows:
These Guidelines define that the rounding of prices is regulated in the stated manner, until the conditions for issuing a convertible mark, denomination of 1 pfennig, are met.
According to provisions of the Law on Trade (Article 5, and in relation to Article 36, Paragraph 2) and Article 39 of the Rulebook on Minimal Technical Conditions for Business Offices, Equipment, Devices and Necessary Education for Performing Trade Activities, a special license from each local administration where these activities are performed needs to be obtained.
The Law on Consumer Protection of the Republic of Srpska (“Official Gazette of the Republic of Srpska”, number: 06/12, 63/14, 18/17 and 90/21) Article 25, Paragraph 2 prescribes that a consumer has the right to send a written complaint, in case of a deficiency in a product or service, wrong price and other deficiencies. The trader is obliged to respond to the consumer’s complaint within eight days from the day of its receipt.
In accordance with Article 26, Paragraph 5 of the above mentioned law, the trader is responsible for the deficiency in the product within two years from the date of transfer of risk to the consumer, except for the sale of second-hand goods, when a shorter period can be agreed, but not shorter than one year. Paragraph 2 of this article stipulates that if the deficiency in the product appears within six months from the date of purchase, it is assumed that deficiency existed at the time of purchase, which the consumer does not have to prove, unless that assumption contradicts the nature of the product or the nature of the deficiency. The consumer is obliged to inform the trader, in writing, about deficiency in the product within 60 days from the day when the deficiency was discovered, and no later than before the expiration of the period referred to in Article 26, Paragraph 5.
In accordance with Article 27 of The Law on Consumer Protection of the Republic of Srpska, if the service has deficiency, the trader is obliged to remove the deficiency at the request of the consumer, in one of the ways provided by law. If the deficiency is visible, by Paragraph 1 of this article, the consumer is obliged to send his/her request in writing within 8 days of the service provided.
If the consumer subsequently discovers If the deficiency in the service provided, the request must be submitted in writing within 60 days from the day the deficiency was discovered, and no later than two years from the day the service was provided. If a longer term than two years is given in the guarantee statement, by Paragraph 1 of this article the term from the guarantee statement will be applied.
The consumer is obliged to submit a copy of the invoice or other proof of purchase with the complaint request.
In accordance with Article 26 of the Law on Consumer Protection in the Republic of Srpska, with the request for the elimination of a defect in the product, the consumer shall attach a copy of the invoice or other proof of purchase, which includes:
a) certified guarantee,
b) dispatch note,
c) card slip – in case of payment by bank card,
d) statement from the bank account,
e) confirmation of receipt of goods,
f) receipt.
In accordance with Article 26 of the Law on Consumer Protection in the Republic of Srpska, the trader is obliged, at the choice of the consumer, to provide a replacement or a corresponding price reduction or refund the amount paid and reimburse the costs of returning the defective product, if the same or similar defect appears after the first repair of the same product.
In accordance with Article 26, paragraph 5 of the Law on Consumer Protection in the Republic of Srpska, the trader is responsible for a defect in the product within two years from the date of transfer of risk to the consumer, except for the sale of second-hand goods, when a shorter term can be agreed, but not less than a year.
In paragraph 6 of the same article of the law, it is prescribed that if a defect in the product appears within six months from the date of purchase, it is assumed that the defect existed at the time of purchase, which the consumer does not have to prove, unless that assumption contradicts the nature of the product or the nature of the deficiency.
The consumer is obliged to inform the trader, in writing, about the defect in the product within 60 days from the day when the defect was discovered, and at the latest before the expiration of the period referred to in paragraph 5 of this article. Upon the expiration of the term referred to in paragraph 5 of this article, the consumer loses the rights that belong to him on that basis.
Article 28 of the Law on Consumer Protection in Republic of Srpska stipulates that if the trader disputes a defect, he must respond to the consumer in writing within eight days of receiving the request. If the trader contests the claim for a defect that appeared within six months of the purchase, he is obliged to attach a professional opinion of an authorized body or an authorized court expert in the Republic of Srpska to the answer, in writing.
In accordance with Article 29 of the aforementioned law, if the trader in his response, in writing, contests the defect that appeared after a period of six months from the purchase, but no longer than two years, i.e. one year for second-hand products, and the consumer does not waive of his request, the consumer can request an expert opinion on the deficiency from an authorized body or an authorized court expert in the Republic, and the costs of the expert’s examination shall be borne by the trader, if the expert’s examination proves the deficiency.
If it is determined that the complaint was reasonable, and the trader still refuses to act on it, the consumer should turn to the competent inspection, which, in accordance with Article 139 of the aforementioned law, will order the trader to fulfil the justified demands of the consumer, and determine the way of fulfilling the request and deadline for action.
Article 59 of the Law on Consumer Protection in the Republic of Srpska defines that a distance sales contract is any contract related to the sale of products or services, organized by a trader through some means of distance selling, and concluded between the trader and the consumer.
Means of distance communication in the sense of this law are all means that without the actual physical presence of the trader and the consumer can be used to conclude a contract between two parties, such as: addressed and unaddressed printed material, standard letters, advertisements in the press with a purchase order, catalogue, telephone with or without human participation, radio, video telephony, video text with keyboard or touch screen, e-mail, internet, fax, television and more.
In accordance with Article 62 of the Law on Consumer Protection in the Republic of Srpska, the trader is obliged to inform the consumer in a timely manner, before concluding a distance contract, about: the name, registration number and full address of the trader to which the consumer can send a complaint, as well as tax number, telephone numbers, fax and email address; selling price and all additional costs for the consumer; terms of payment, delivery or execution of the contract; data on guarantees and after-sales services, such as servicing; the right and term for termination of the contract and others.
During the negotiation, and at the latest before delivery, the consumer should receive this notification in written or other permanent form with all the information, in accordance with Article 63 of the mentioned law.
In accordance with Article 64 of this law, the consumer has the right to terminate the distance contract without explanation and without costs within 15 days, from the day the consumer received the product. In the case of services, the term for termination starts from the date of conclusion of the contract.
If the trader has not delivered the notification defined in Article 63 to the consumer, the consumer has the right to terminate the contract within three months, namely: in the case of a product, from the day the consumer received the product and in the case of a service, from the day the contract was concluded. If the trader delivers the notice from Article 63 of this law to the consumer within three months, the term for termination of the distance contract starts from the day of receipt of the written notice.
If the consumer uses this right, he is obliged to provide the trader with a written notification. In case of termination of the distance contract according to which the consumer received the product, the consumer is reimbursed only for the cost of returning the product.
When the consumer terminates the distance sales contract, the trader is obliged to return the paid amount without delay, and no later than within 15 days from the day he received the written notification from the consumer. If the trader does not return the amount paid, he is obliged to pay, in addition to the price, together with the statutory default interest, an additional 10 % of the amount for every 30 days of delay.
Article 26 of the Law on Consumer Protection in the Republic of Srpska stipulates that if the product has a defect, the trader is obliged to, at the request and choice of the consumer:
a) repair the product without additional costs for the consumer, or
b) replace the product without additional costs for the consumer, or
c) return the amount paid and reimburse the costs of returning the defective product within seven days from the day of acceptance of the consumer’s complaint, or
d) reduce the price of the product, if the reduction is acceptable to both parties.
The trader is obliged to carry out the repair or replacement within a reasonable time, but not longer than 30 days from the date of submission of the request, and to pay all costs related to the elimination of the defect, such as work, material, pick up, delivery, etc. In the case of objective reasons due to which the trader is unable to meet the deadline, it can be extended by a maximum of 15 days with the express consent of the consumer only once, and if the additional deadline is not met, the consumer has the right to terminate the contract.
The fee for completed health examination of consignments of plant being imported, exported or transported, depending on the type of consignments, is determined based on the Decision on the Fee for Examination of Consignments Crossing the Republic of Srpska Border (Official Gazette RS, issue: 69/2005). The fees determined in this Decision are paid when requesting a phytosanitary examination of consignments in a form of a payment order enclosed with the request, and funds collected in this manner are an income of the Republic of Srpska Budget.
Businesses can import seedlings which have:
Consignments of seeds beings imported must be accompanied with:
These issues are not under the competence of the Republic Forestry Inspection. People starting such initiatives can realize their rights through the authorities of a Hunters Association of the RS Hunters Alliance, and ultimately through a competent court.
The protection, preservation and use of privately owned woodland is conducted by the owners, and the protection of woodlands from illegal acquisition, use, destruction and other illegal activities (disposal of waste and poisonous and harmful substances, pollution, destruction of border markings, etc.) is provided by the owners, i.e. users of woods and woodland owned by the Republic. The owners of woodland and users of woods and woodland owned by the Republic have a duty to provide a direct protection of woods.
In cases where private owners of woodland suffered some of these actions above, the procedure is the same as in case of any other property, i.e. it is necessary for the owner to inform the competent police authority or prosecutor’s office, as well as an officer in Public Forestry Company of the RS working on expert and technical affairs (the Private Woodlands Officer in the nearby forest estate). Along with that, owners can start a lawsuit at the competent court to the compensation of damages.
The Veterinary Law of the Republic of Srpska (“Republic of Srpska Official Gazette”, issue: 42/08 and 06/12) in Article 41 prescribes that the Ministry of Agriculture, Forestry and Water Management of the Republic of Srpska provides compensation to the owner for animals that were killed or slaughtered, as well as for items and raw materials that were damaged, spoiled or destroyed during the realization of measures for combating infectious diseases.
The compensation can be obtained only in cases when the infectious disease or suspicion thereof has been reported immediately, when mandatory vaccination had been performed in prescribed time intervals, as well as medical and other testing of animals, if all other prescribed measures for prevention of diseases had been taken and if the owner pays the veterinary services fee. The Ministry determines the amount of compensations based on a report made by a damage assessment committee, established by the Ministry.
The Law on Utility Services (“Republic of Srpska Official Gazette”, issue: 124/11) in Article 2, item nj) prescribes that zoohygiene is a utility service of special public interest. Zoohygiene services involve catching and caring for abandoned and endangered domestic animals (pets), transportation and accommodation into special facilities (shelters), food and veterinary care, euthanasia of old animals and safe removal of animal carcasses from public surfaces and sanitation of the area, as well as the management of animal accommodation facilities.
In accordance with Article 33, Paragraph 1 of this Law, the inspection surveillance is conducted by the Civic Police of the local self-management unit. Also, the competent authority of the local self-management unit issues the license for an animal shelter, in accordance with Article 30, Item 5 of the Law on Protection and Welfare of Animals (“Republic of Srpska Official Gazette”, issue: 111/08).
Article 48 of the Veterinary Law of the Republic of Srpska (“Republic of Srpska Official Gazette”, issue: 42/08 and 06/12) prescribes that the veterinary services defined with this law can be performed only by a veterinarian, i.e. a person with a university degree in veterinarian medicine, and not a veterinarian technician with a degree from a secondary veterinarian school who performs certain veterinarian tasks supervised by a veterinarian.
In case of an objection to a performed veterinary service, a veterinarian inspector checks whether the procedure was conducted within a prescribed deadline, by an expert and whether a certificate was issued stating information on the veterinary procedure and other services.
The Veterinarian Inspection Service has no authority to monitor the expert work of veterinarians and cannot evaluate the quality of a service provided. If a citizen thinks that damages have been caused by veterinarian’s incompetence, he can seek protection of his/her rights in court.
Local self-management units, based on the Law on Local Self-Management (“Official Gazette of the Republic of Srpska”, issue: 101/04, 42/05 and 118/05), and laws defining communal activities, with their own regulations closely define operations of a city or municipality, which also involve the conditions and manner of keeping domestic animals and pets on the territory of a local self-management unit.
The surveillance of the implementation of these regulations is conducted by the civic police of the local self-management unit, while the health surveillance of animals is conducted by the veterinary inspection service of the local self-management unit.
The Order of prohibition, i.e. restriction and conditions for nomadic grazing of sheep and goats in the Republic of Srpska (Official Gazette of the Republic of Srpska, No. 82/05) precisely prescribes how nomadic grazing can be performed and what conditions must be met by sheep and goat keepers, all in order to prevent the occurrence and spread of infectious animal diseases and to protect human health.
In accordance with this Order, grazing of sheep and goats on land that is in state or private ownership – pasture, can be done only if sheep or goat holder previously concludes a contract for grazing on that pasture with the holder of the right to use that pasture. The contract contains a number of necessary information and it must be submitted to the local authority responsible for agriculture and veterinary affairs, within eight days from the date of conclusion of the contract. Pasture rented for sheep grazing must be fenced.
The Order defines that sheep and goats found on nomadic grazing without the necessary documentation will be forcibly removed from grazing and sent to the place of residence, i.e. the place of the holder of sheep and goats at the expense and risk of the holder.
In accordance with the Order, forced removal on agricultural and other land, parks and roads is performed by the local authority responsible for agricultural inspection, veterinary inspection, municipal police, and at their request the units of internal affairs and the State Border Service are obliged in accordance with their authorizations to provide assistance in taking the above measures.
Local government units issue orders on the forced removal and dispatch of sheep and goats from nomadic grazing by a Decision, and an appeal against the decision does not delay its execution.
When it comes to the damage that nomads may have caused to farmers, given that the local self-government unit is in accordance with the Law on Agricultural Land (Official Gazette of Republic of Srpska, No. 93/06, 86/07, 14/10 and 05/12) is obliged to prescribe measures for protection against field damage, farmers should contact the competent local self-government unit in whose competence the formation of the Damage Assessment Commission is to determine and assess the damage.
We distinguish two types of water use:
General use of water involves:
Water must be used rationally and economically. Each user is obliged to use water in a manner and volume that preserves water from wasting and damaging changes to its properties and not to hinder others from their legal rights to use water. Everyone is allowed to use water in accordance with regulations and in a manner that does not require special devices and does not prevent others to use the water equally. Personal and household use is the use of water for drinking, hygiene and similar household uses. Such uses are not irrigation and technological processes, if the activities are performed for business purposes. Water or spatial planning permits are not necessary for the general use of water.
The water permit is necessary for any use of water that exceeds the volume of the general use in accordance with the Law on Waters. The water permit for collection up to 5 l/s is issued by the local community and for larger collection by the Public Company “Waters of Srpska”.
The local self-administration unit is in charge of solving problems of illegal village water supply lines. The Republic of Srpska Government issued a Conclusion charging the local self-administration units with urgent issuing of decisions on water supply, which would solve the issues of management of municipal and village water supply lines in the municipality. Also, the local self-management units were charged to immediately take measures and activities in order to legalize water facilities used to supply water to the population in the municipality, and for those municipalities that did not reach the Decision on Protected Water Source Areas to issue it with priorities on water sources used to supply the population and schools.
The Law on Civic Police in the Article 9 prescribes that the Civic Police, among other things, conducts surveillance over the maintenance, use and protection of utility facilities and devices, and the maintenance of the public sewage system, public toilettes, and cesspits. The Civic Police is organized at the level of a self-administration unit and is a part of the civic or municipal administration.
Article 50, Paragraph 1 of the Law on Waters prescribes that everyone is allowed, in accordance with regulations, to use water in a usual way that does not require special devices and does not prevent others to use it equally. In the same Article, Paragraph 2, Item b) defines the general use of water involves particularly: collection of underground or spring water, which is used from a well or a spring on private land, for personal or house hold use.
Water or spatial planning permits are not necessary for the general use of water. In accordance with this, the Water Inspection does not have legal grounds to take measures in such cases, and if citizens think that they have suffered damages, they can ask for their rights to be protected in court.
Research of mineral resources can be conducted only based on a concession contract for geological research and a decision document which allows research in accordance with the Law on Concessions and the Law on Geological Research. In the sense of the Law on Geological Research, “if under the pretences of research mineral resources are being extracted” this is considered illegal extraction. Also, illegal extraction is extraction of mineral resources without a contract on extraction concession.
The distributor of electrical power is obliged to measure the voltage at the power source at the request of the consumer and inform him/her of the results. Also, the consumer has the right to request from the distributor a compensation for damages caused by significant deviations of voltage at the power source from those prescribed by technical standards or specially arranged voltage deviations.
If citizens suspect that the fuel is of poor quality, and that caused a malfunction in the cars, the first condition to achieve their rights is to have the receipt for the purchased fuel. They need to address the owner of the petrol station and inform the closest inspection body to take samples and send them to an accredited laboratory for testing. The expenses of sampling and laboratory testing are covered by the party whose claims prove to be incorrect with the results of the testing.
In order to extract mineral resources, it is necessary to have a concession which is issued in accordance with the law that regulates the concession area. Each extraction without a concession contract is considered to be illegal. Exceptionally, the Republic of Srpska Government can approve extraction of stone in the amount up to 10,000 cubic metres for construction or reconstruction of religious buildings and cultural and historical monuments without a concession contract, i.e. owners (users) of land can on the land they own or use to extract raw materials for construction for their own needs in the amount of 100 cubic metres, for a single use, with approval and control by the competent authority of the local self-administration where the land is located.
Regulations that prescribe the use of propane-butane cylinders determine the intervals of periodic testing which gas-filling stations need to adhere to. Gas-filling stations are not allowed to fill cylinders that did not undergo testing within the prescribed interval and by an authorised institution. All cylinders that are found in gas-filling stations and points of sale, and have exceeded the five-year deadline since the last testing, are considered to be faulty.
Business and other legal entities that deal with filling and distribution of gas cylinders are obliged to take all measures to ensure cylinder meet technical standards and are safe, in accordance with the Rulebook on Technical Norms for Mobile Closed Containers for Compressed, Liquid and Dissolved Gasses.
During purchase or replacement of cylinder at gas-filling stations, citizens should pay attention whether the cylinder they are taking has been tested or not. Each cylinder needs to have an imprint of the name of the manufacturer, serial number, production year and year of the last test with a stamp. Citizens need to ask the seller for a receipt that should have a serial number of the cylinder and year of testing. When it comes to the use of gas cylinders, it is very important that citizens adhere to the operating instructions, as well as to regularly control their devices, pressure regulators, hoses, etc.
Management of town, suburban and taxi transportation is conducted by authorities of local self-management units in accordance with the Law on Transportation in Road Traffic (“Republic of Srpska Official Gazette”, issue: 11/08 and 50/10).
Property issues on roads are handled by the Administration for Geodetic and Property Affairs of the Republic of Srpska or the court.
Management and surveillance over motorways, expressways, main and regional roads is conducted by the Public Company “Republic of Srpska Motorways”, Public Company “Republic of Srpska Roads” and the Administration for Inspection Affairs of the Republic of Srpska– Republic Traffic Inspection Sector in accordance with the Law on Public Roads (“Republic of Srpska Official Gazette”, issue: 16/10).
Management and surveillance over local roads and streets in residential areas is conducted by local self-management units in accordance with the Law on Public Roads (“Republic of Srpska Official Gazette”, issue: 16/10). Article 66 of this Law prescribes that inspection surveillance over the implementation of this Law and other regulations that refer to surveillance over local and non-categorised roads and streets in residential areas is conducted by competent municipal/city inspectors, as well as the Civic Police in accordance with the law that regulates their work.
Urban planning and construction inspectors, both republic and city/municipal inspectors, are not authorised to deal with property disputes over land or buildings, but the Administration for Geodetic and Property Affairs of the Republic of Srpska and the court.
The issue of distance between buildings is solved with decisions of city/municipal Assemblies and with spatial planning documents.
The Law on Spatial Planning and Construction (“Republic of Srpska Official Gazette”, issue: 55/10) prescribes a strict division on real competence of republic urban planning and construction inspectors and city/municipal urban planning and construction inspectors according to the type of building. Republic urban planning and construction inspectors are authorised to inspect buildings that need a construction license from the Ministry of Spatial Planning, Construction and Ecology, while city/municipal inspectors inspect buildings that receive their construction license from the city/municipality.
Bearing in mind the prescribed division of competences of urban planning and construction inspectors, persons submitting initiatives for inspection surveillance are going to protect their rights through inspection authorities sooner if they take care of the prescribed competences by sending their initiatives and suggestions directly to a competent urban planning and construction inspector.
In accordance with the Law on Spatial Planning and Construction (“Republic of Srpska Official Gazette”, issue: 55/10), the contractor is obliged to conduct works according to technical documents based on which the Construction Licence was issued, and in accordance with provisions of this law, technical measures, regulations, norms and standards of construction of these types of buildings.
In terms of construction materials being used, the contractor is obliged to use materials and elements that meet standards, i.e. have a quality certificate issued by an authorised organization registered for testing such material and to present documents on the quality of the material when asked by the supervisory authority and competent inspector.
Expert monitoring during the construction of a building, during construction works that is, is conducted by the supervisory authority, appointed by the investor with a written document. The expert monitoring involves the control of suitable implementation of technical documents, control and quality check of all types of works and implementation of regulations, standards, technical and quality norms, material quality control, and other.
The constructed building can be put to use after an administrative authority that issued the Construction License issues the Approval of Use, after a technical examination of the building.
A worker can address a labour inspector for protection of his/her rights within three months from the day he/she found out about the violation, and maximum within six months from the day the violation was committed (Article 120, Paragraph 3 of the Republic of Srpska Labour Law, “Republic of Srpska Official Gazette”, issue: 55/07).
The Republic of Srpska Labor Law (“Republic of Srpska Official Gazette”, issue: 1/16, 66/18 and 91/21) in Article 25 prescribes that in cases of discrimination in terms of the provisions of Articles 19, 22, 23. and 24 of this law, a person seeking employment, as well as an employee, can initiate proceedings before the competent court for the exercise of rights and compensation for damages from the employer in accordance with the law. In case of a dispute, the burden of proving that there was no discrimination is on the employer. Therefore, when it comes to mobbing, in accordance with the provisions of the Labor Law, the worker can seek the protection of his rights through the courts. This Law does not provide for fines for this type of violation of workers’ rights, so the labor inspection has no possibility to take measures on this basis.
Protection against harassment at work and in relation to work, the procedure for realization the right to protection against harassment at work and in in relation to work, and other issues of importance for protection against harassment at work and in relation to work, are defined by the Law on Protection against Harassment at Work (“Republic of Srpska Official Gazette”, issue: 90/21).
The Law on Protection against Harassment at Work stipulates that an employee who believes that he is exposed to harassment at work has the right to submit a request for protection against harassment at work with the employer within 30 days from the day when the last act of harassment took place. Upon learning that an act of harassment at work has been committed, the employer is obliged to initiate the procedure for determining responsibility for the violation of labor discipline and to implement the procedure for protection against harassment at work within 15 days from the date of receipt of the request, i.e. from the day of initiation of the procedure.
The procedure for protection against harassment at work with the employer is considered to be completed by the conclusion of the agreement in written form between the parties to the dispute. If the parties to the proceedings with the employer do not conclude an agreement on the subject of the dispute, the employer issues a decision to suspend the proceedings.
A worker who believes that he has suffered harassment at work can submit a proposal for peaceful resolution of the dispute to the Agency for Peaceful Resolution of Labor Disputes or file a lawsuit for protection against harassment at work, if the procedure with the employer is suspended without an agreement being concluded. The right to submit a proposal for a peaceful resolution of the dispute, i.e. to file a lawsuit, is conditioned by the worker’s prior application to the employer with a request for protection against harassment at work.
Exceptionally, when the harassment was committed by an entrepreneur with whom the worker is employed, i.e. a responsible person at the employer, the right to submit a proposal for a peaceful resolution of the dispute, i.e. filing a lawsuit is not conditional on the worker’s prior application to the employer with a request for protection against harassment at work.
In the procedure of protection against harassment at work, if the worker makes it probable that he was exposed to harassment at work, the burden of proving that there was no harassment at work is on the employer.
In the proceedings before the competent court, an employee who believes that he is exposed to harassment at work can request in the claim: a determination that he suffered harassment at work, a ban on actions that constitute harassment at work, a ban on further actions of harassment, i.e. repetition of actions that constitute harassment at work, execution of actions to eliminate the consequences of harassment at work, compensation for material or non-material damage.
Therefore, the procedure of proving and establishing that there has been harassment at work, and compensation for damages on that basis, is carried out before the competent court. The labor inspector cannot provide such qualifications, but in the inspection control procedure he can determine whether the employer has enabled the worker to protect his rights in the manner prescribed by the Law on Protection from Harassment at Work.
In accordance with Article 14 of the Republic of Srpska Labour Law (“Republic of Srpska Official Gazette”, issue: 55/07), person younger than 15 and without general working capability cannot sign a labour contract.
On the basis of Article 75 of the Labour Law, a worker younger than 18 cannot work on physically difficult tasks, works performed under ground or water, as well as other work that represent increased risk of life, health and physical and psychological development.
The Law on Republic of Srpska Holidays (“Official Gazette of the Republic of Srpska”, issue: 43/07) determines holidays of the Republic of Srpska, how they are marked and celebrated by citizens, republic authorities and organizations, local self-management authorities, businesses, institutions and other organizations, and persons professionally providing services and producing goods.
Article 5 of this Law prescribes that on Republic holidays, republic authorities and organizations, local self-management authorities, businesses, institution and other organizations and persons professionally providing services and producing goods do not work. The Government of the Republic is going to decide which republic authorities and organizations are obliged to work on Republic holidays and to which degree.
The chief of a municipality, i.e. a mayor is going to decide which businesses, institutions and other organizations on the territory of the local self-management unit are obliged to work on Republic holidays and to which degree, in order to meet the necessary needs of the citizens.
Article 105. of the Republic of Srpska Labour Law (“Republic of Srpska Official Gazette”, issue: 1/16, 66/18 and 91/21) prescribes that the employer cannot refuse to employ a woman because she is pregnant or terminate her employment contract due to pregnancy or because she is using maternity leave.
However, if the employee had a fixed-term contract with the employer, after the contract has expired, her employment is finished regardless of her pregnancy.
The Law on Contributions to Mandatory Funds (“Official Gazette of the Republic of Srpska”, issue: 114/17, 112/19, 49/21, 119/21, 56/22 and 132/22) regulates the system of mandatory contributions for financing of retirement and disablement insurance, health insurance, unemployment insurance and children’s social protection in the Republic of Srpska.
In accordance with this Law and the Law on Tax Procedure (“Official Gazette of the Republic of Srpska”, issue: 78/20 and 37/22) the monitoring over the calculation and payment of contributions is conducted by the Republic of Srpska Tax Administration. In cases when the Republic Labour Inspection finds that workers receive their wages, but contributions are not paid, we inform the Tax Administration so they could take measures from their competence.
The Law on Employment of Foreign Citizens and Stateless Persons (“Republic of Srpska Official Gazette”, issue: 24/09, 117/11 and 56/22) in Article 3, Paragraph 3 states that in accordance with labour and employment regulations, as well as collective bargaining agreements and general employer documents, foreigners employed by domestic legal entities and persons have the same labour rights, obligations and responsibilities as employed citizens of the Republic, unless an international agreement states differently.
Article 4 of this Law prescribes that along with general conditions prescribed by the law, collective bargaining agreements and general employer’s documents, a foreigner must meet another special condition – to have a work permit to sign a labour contract issued by the Employment Institute of the Republic of Srpska.
On the request of the employer, , the branch of the Republic of Srpska Employment Institute in charge of the area where the employer has its head office issues the work permit for an employment contract with a foreigner, based on an established quota of work permits in the Republic.
In cases when a worker is on sick leave due to occupational injury or disease, the employer cannot terminate his/her employment contract as long as the worker is unfit for work, regardless if the worker has a contract for fix-term or indefinite term employment, in accordance with Article 115 of the Republic of Srpska Labour Law (“Republic of Srpska Official Gazette” 1/16, 66/18 and 91/21). If the worker has a fixed-term contract, the time he/she spends unfit for work due to health is not calculated into the time period of the contract.
If the cause of the sick leave is not an occupational injury or disease, in cases when the worker has a fixed-term contract, the employment ends with the deadline set in the contract.
Sick leave is a part of expert work of health workers which means that a health inspector is not authorised to refute an opinion by a medical doctor, especially the opinion of a committee that approves sick leaves longer than 30 days.
An inspector can check whether the sick leave procedure has been respected, i.e. whether all data has been registered into documents and whether the dates match, but does not have the authority to order the sick leave to end.
The Health Inspection is not authorised to monitor the expert work of health workers. The Inspection can check whether a patient has been registered, which services have been provided and whether a receipt has been issued for those services, but cannot evaluate the quality of the health service.
The Law on Health Care (“Republic of Srpska Official Gazette”, issue: 106/09) prescribes that the expert monitoring over the work of health institutions is conducted by the Republic of Srpska Ministry of Health and Social Protection through a committee or individual experts. A request for expert monitoring can be submitted by a citizen who is not satisfied with the health service or his/her family. The Minister of Health assesses whether the request is justified and decides whether the expert monitoring is going to be conducted (Articles 130 and 131).
The Law on Ban of Smoking Tobacco Product in Public (“Official Gazette of the Republic of Srpska”, issue: 46/04, 74/04, 92/09, in order to protect non-smokers and vulnerable groups, such as minors, pregnant women and elderly from passive smoking, smoking of tobacco and tobacco products is banned in public.
In the sense of this Law, public places are institutions where public services are performed and locations where larger groups of people gather, including:
Smoking is allowed in specially designated smoking areas, which are separated from non-smoking areas, and which are clearly marked as smoking rooms, in accordance with this Law.
Surveillance over the implementation of this law is conducted by the health and labour inspection services, civic and regular police, more specifically:
Accepting and giving bribe is punishable by the Republic of Srpska Criminal Code, which is not in direct competence of the Education Inspection. In cases when the Education Inspection receives a letter which states there were elements of corruption, the Inspection forwards it to the competent investigative authorities.
The job competition procedure for teachers and expert associates is defined in the Law on Primary Education (“Republic of Srpska Official Gazette”, issue: 81/22) and the Law on Secondary Education (“Republic of Srpska Official Gazette”, issue: 41/18, 35/20 and 92/20). On the basis of these laws, the Rulebook on the Procedure and Criteria for Employment of Workers in Primary Schools (“Republic of Srpska Official Gazette”, issue: 74/18 and 26/19) and the Rulebook on Procedure and Criteria for Employment of Workers in Secondary Schools (“Republic of Srpska Official Gazette”, issue: 24/19) have been adopted. The implementation of these rulebooks is controlled by the Education Inspection, but only in the part relating to the employment contract with the elected candidate.
Candidates who are not satisfied with Director’s decision on the election of candidates can submit an objection to the School Board. The decision of the School Board is final and not a subject of complaints, but an administrative dispute can be started. Also, a party that is not satisfied with the decision of the School Board can address the Education Inspection in writing.
If the director of a school signs an employment contract with the elected candidate, the candidate who is not satisfied with the decision can ask the protection of rights at the competent court.
A higher education institution can hire teachers who have suitable scientific title from another higher education institution in the Republic of Srpska, Bosnia and Herzegovina or abroad, in accordance with the statute of that higher education institution. Their rights and obligations are specified in a contract, under conditions and in a manner prescribed by a general document of the higher education institution.
The manner and the procedure for the signing of employment contract, as well as the work with at two employers in two countries between the employee and the employer (in this particular case between the teacher and the rector) as well as the working hours are regulated by the Labour Law, and the inspection surveillance of the implementation of this particular law is defined by the Law on Inspections in the Republic of Srpska (“Republic of Srpska Official Gazette”, issue: 18/20) and it is conducted by the Labour Inspection.
The inspection surveillance procedure in all cases, just as in the case of checking the legality of acquiring and issuing school documents, is started Ex Officio, according to a provision of Article 35 of the Law on Inspections in the Republic of Srpska (“Republic of Srpska Official Gazette”, issue: 18/20), only for those diplomas suspected of being obtained illegally. It is necessary to send a copy of the diploma along with the request to check its validity.
The Education Inspection of the Republic of Srpska Inspectorate checks only legality of acquiring and issuing diplomas in the area of the Republic of Srpska. This Inspection cannot check diplomas issued in the Federation of BiH or other states.
All request to check diplomas issued in other countries, together with copies of those diplomas, need to be sent to the Ministry of Foreign Affairs of BiH or directly to education ministries of other countries.
Republic Fire Safety Inspectors from the Inspectorate and municipal/city organizational fire safety units – fire brigades, conduct individual expert surveillance that refers to timely manner and efficiency of response to fire, functionality and operation of water supply, fire extinguishers, chimneys, disposal of flammable liquids of gasses and other flammable material in basements, attics and other locations that present danger, efficiency of fire escapes and access to electrical circuit boards, hydrants, fire extinguishers, ban of use open flame and smoking in high hazard areas.
In accordance with provision of the Law on Fire Safety (“Republic of Srpska Official Gazette”, issue: 71/12), the control of the realization and spending of collected funds for the realization of technical equipment of fire brigades is conducted by fire safety inspectors of the Republic of Srpska Ministry of Interior.
This is not allowed in town areas, which is punishable by the Law on Communal Activities. In the rural areas of a city/municipality these activities can be conducted after authorised fire brigades have been informed and secured the area. Moreover, with an official note of the police from the field, these activities are also punishable according to the Law on Agricultural Land.
In accordance with the Law on the Trafficking of Explosive Substance and Flammable Liquids and Gasses, the pyrotechnical devices are considered explosive substances, so the registration of companies for trafficking, approvals for purchase, transport and storing and surveillance over the work of such companies is conducted by inspectors of the Ministry of Interior.
In accordance with the Law on the Trafficking of Explosive Substance and Flammable Liquids and Gasses (“Republic of Srpska Official Gazette”, issue: 78/11) and its Rulebooks, the Ministry of Interior determines the conditions of the location, planned and realized protection and issues the approval in the procedure to obtain the license from the authority that issues the construction license. Pressurised containers can be used (first filling) based on the named approvals and examinations and the approval from an inspector for thermal energy.
The obligation to implement checks of these installations is on the Union of Owners of a buildings, and the surveillance is conducted by municipal/city administration authorities competent to conduct inspections in accordance with the Law on Maintenance of Buildings (“Republic of Srpska Official Gazette”, issue: 101/11). Local communities reach Decisions on Communal Order, Decision on Chimney Sweeping Activities, Decisions on House Order in Residential Buildings, and according to the Law on Communal Activities and the Law on Maintenance of Buildings.
Republic Of Srpska
Administration for Inspection Affairs
Republic of Srpska Inspectorate
78000 Banja Luka
Trg Republike Srpske 8
Tel: +387 51 334 627
Fax: +387 51 307 955
Email: uprava@inspektorat.vladars.rs
In accordance with the Law on Free Access to Information, the Republika Srpska Inspectorate has developed the Guide and Register which regulate the procedure to access information under the competence of the Republika Srpska Inspectorate.
In order to realize the right to access information, a citizen needs to fill in the Request for Information and deliver it to the Republika Srpska Inspectorate in the way prescribed in the Guide and Register.
Copyright 2024. Republic of Srpska Inspectorate. All rights reserved. Contents of these pages cannot be transferred without permission and without quoting the source.