LEGAL AFFAIRS

The Sector carries out the tasks of drafting laws and by-laws from the scope of work of the RGA and their harmonization with the regulations of the European Union. The Sector also conducts the administrative procedures of the second instance and public procurement procedures of the Republic Geodetic Authority.

The sector operates through three lower level organizational units.

  1. Department of Legal and Property Affairs - drafting laws and by-laws from the scope of work of the RGA and giving opinions on the nature of laws and legal acts when proposers are other state administration bodies.
  2. Department for the Second Instance Procedure - resolving appeals against decisions of the first instance
  3. Department for Public Procurement
State of the field of competence

The Sector for Legal Affairs, within the Departments, had implemented all the activities planned in accordance with the work plan of the Republic Geodetic Authority for 2017.

A special contribution to the improvement of the work of the Sector is reflected in better communication with the citizens. Lawyers in the Sector organize the reception of the parties to whom they provide oral explanations pertaining to their cases once a month.

Within its jurisdiction, the Sector for Legal Affairs distributes cartographic publications and enters into the contracts on the transfer of cartographic rights with authorized legal entities.

 

Second instance

The second instance organ for the real estate cadastre and utility cadastre is located in the headquarters of the Republic Geodetic Authority in Belgrade, Bulevar Vojvode Misica 39, and its competence is to act and decide upon appeals against all local real estate cadastre offices resolutions in the Republic of Serbia.

According to data from 2016, 45 complaints were received daily on average. Over 26,000 pending cases were taken over from the former second instance body.

The complainants note in their appeals in what respect they are dissatisfied with the adopted decision of the local real estate cadastre office. The most common reasons for the complaint are the allegations that the basis of registration is not eligible for registration, that the document that is the basis for the registration is incorrect or not fully implemented, that registration is contrary to a certain legal provision, that the situation from the disputed decision is not in line with the actual the situation, that the parties were not permitted to participate in the procedure, etc.

According to the valid regulations on administrative procedure, the second instance body must declare in its decision on all allegations of the appeal. This rule applies irrespective of the merits of the allegations, their broadness and the connection with the specific appeal decision.

In a number of cases, there are two or more complaints of different persons against the same resolution.

In addition to the regulations on administrative procedure and real estate cadastre, the work on second instance cases requires the officer to know and apply regulations from different areas of law: regulations on mortgages, enforcement, bankruptcy, public property, construction land, planning and construction, agricultural land, water land, legalization, taxation procedure, etc. In this regard, given that the administrative procedures in which the appeal is decided are from different periods of time, and that in these areas there are relatively frequent changes of regulations, the second instance body in each case must also take into account the so-called the temporal effect of the law, i.e. what version of the regulations applies to the particular case, depending on the rules of the concrete law.

The decisions of the second instance body are subject to judicial control: the Administrative Court of the Republic of Serbia in the administrative dispute decides on the regularity of the second instance decisions.

The facts presented clearly explain the reasons to consider the work on second instance cases in the field of real estate cadastre the most complex type of legal affairs in the public administration system of the Republic of Serbia.