Performing of inspectional supervision in living premises
On 15 April 2015. the National Assembly of the Republic of Serbia adopted the Law on Inspection Supervision (“Official Gazette of RS“, no. 36/2015; hereinafter “the Law“) as a system law that governs a special administrative procedure — procedure for inspectional supervision. The Law has begun to apply from 30 April 2016.
Unlike the Law on State Administration, which was applied in the area of inspectional supervision until the adoption of the Law, the Law is a big step towards a modern law that seeks to respond to the challenges and needs of modern performing of inspectional supervision, and that uniformly regulates this area.
As a response to a major occurrence of performing economic activities by unregistered subjects, the Law requires that an inspector, in order to establish the facts in process of inspectional supervision, is authorized to carry out the investigation in living premises or other area that has the same, similar or related purpose (hereinafter referred to as “residential space”), but on the condition to obtain a written order issued by a competent court.
However, in accordance with the Law, the inspector is not required to obtain a written order from the competent court in case when the investigation is made at the request or with the explicit written consent of the owner or user, or the keeper of the residential place. On the other hand, consent to the investigation can also be given verbally and in cases that are explicitly required by the Law, which is especially explained in the records of inspection, and when it is necessary to take urgent measures to prevent or eliminate hazards to:
- life or human health,
- assets of higher values,
- the environment or plant or animal world.
Also, the Law prescribes the exceptions when the inspector does not have to obtain the consent of the owner or user, or the keeper of residential place that is unknown, unavailable, absent for a long time or is deceased.
After submitting the proposal for issuing court order on performing the investigation the Court will allow the performance of investigation in a residential place if it finds that there are grounds of suspicion that:
- within those premises are carried out illegal activities or actions or activities that are contrary to the regulations,
- within those premises are stored objects, animals or other things contrary to the regulations,
- an unregistered subject is performing an activity in the residential place, etc.
Also, the Court may allow performing searches of residential place and things in it.
Additionally, the Law prescribed misdemeanour responsibility in case of performance of the activity or the exercise of activities as an unregistered subject.