POWERS OF ADMINISTRATIVE INSPECTION BODIES IN SANCTIONING ECONOMIC MISDEMEANORS IN SERBIAN LAW

Abstract

In the paper, the author analyzes the connection between administrative inspection bodies ("inspekcije") and sanctioning economic misdemeanors in Serbian law. The purpose of the paper is to answer several questions. Why do administrative inspection bodies have specific powers in sanctioning economic misdemeanors and what gives them an opportunity to detect economic misdemeanors? What are the powers given to the administrative inspection bodies after detecting an economic misdemeanor and what is the legal nature of these powers? Classical legal methods are being used: dogmatic and normative. In answering to these questions, the author shows the general connection between administrative inspection ("inspekcijski nadzor") and detection of misdemeanors, using economic misdemeanors as a paradigm. After that, the author explains what powers administrative inspection bodies have after detection of economic misdemeanors, in imposing misdemeanor sanctions. Finally, the author analyzes the legal nature of these powers – whether they are only procedural or meritorious as well. The results show that administrative inspection bodies have two basic powers, depending on the specific economic misdemeanor: to initiate a misdemeanor court procedure by submitting the formal request or to issue a misdemeanor fine order ("prekršajni nalog"). The power to initiate a misdemeanor court procedure has a clear, procedural nature. Legal nature of the inspector’s power to issue a misdemeanor fine order, however, is not clear, because it depends on the legal nature of the misdemeanor fine order itself, which is also ambiguous. A misdemeanor fine order has been regulated in an unclear and illogical manner. It has been qualified both as a decision to impose a misdemeanor sanction and a request to initiate a misdemeanor court procedure at the same time. It has been given an ambivalent character, which a legal institution could not normally have. After a detailed analysis of the legal nature of a misdemeanor fine order, the author concludes, proving the main hypothesis, that it is a decision made to impose a misdemeanor sanction. This means that the powers of inspectors, when issuing a misdemeanor fine order, are the powers of essentially meritorious nature. The author recommends that the court's adjudication should be actually understood as a judicial protection which has been given to the offender. This is the way the legislation should also change, so that the various legislative contradictions could be removed and so that the powers of administrative inspection bodies could have a clear legislative grounds.