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]]> LAW

ON AMENDMENTS TO THE LAW ON ADMINISTRATIVE FEES

Article 1

In the Law on Administrative Fees (“Official Gazette of Brcko District of BiH”, No. 21/05) in Article 7 words “Tax Administration of Brcko District of BiH” shall be replaced with words “Tax Administration of the Brcko District of BiH Finance Directorate”.

 

Article 2

In Article 15, Paragraph (3) shall be amended to read:

“(3) The Decision on return of the fee shall be enacted by the competent body to which the fee was paid. The Decision shall be issued in two (2) copies of which one copy is sent to the interested party and one to the Treasury of the Brcko District of BiH Finance Directorate”.

 

Article 3

This Law shall enter into force eight days after being published in “Official Gazette of Brcko District of BiH”.

 

 

LAW

 ON AMENDMENTS TO THE LAW ON AMNESTY OF BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

Article 1

In the Law on Amnesty of Brcko District of Bosnia and Herzegovina (“Official Gazette of Brcko District of BiH”, No: 10/01), in Article 4, Paragraph (1), the words “Public Prosecutor of Brcko District of Bosnia and Herzegovina” shall be replaced by the words “Chief Prosecutor of the District”.

Article 2

This law shall enter into force on the eighth day of its publishing in” the Official Gazette of Brcko District of BiH”.

 

LAW

ON AMENDMENTS TO THE LAW ON ARCHIVING

Article 1

In the Law on Archiving (“Official Gazette of Brcko District of BiH”, No. 44/04) in Article 15, words “the Mayor of the District” shall be replaced with words “Head of Departments of Public Records”.

 

Article 2

In Article 19, words “the Mayor of the District” shall be replaced with words “the Government”.

 

Article 3

Article 40 shall be deleted.

 

Article 4

This Law shall enter into force eight days after being published in “Official Gazette of Brcko District of BiH”.

 

LAW

 ON AMENDMENTS TO THE LAW ON BANKS

IN BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

Article 1

In the Law on Banks in Brcko District of Bosnia and Herzegovina (the “Official Gazette of Brcko District of Bosnia and Herzegovina” no: 5/03) In Article 14, Paragraphs 3, 5, 6, 7, 8 and 9, the words “Revenue Agency” in different cases shall be replaced with the words “Finance Directorate” in appropriate cases.

 

Article 4

In Article 15, Paragraphs 5 and 6, the words “Tax Administration” in different cases shall be replaced with the words “Finance Directorate” in appropriate cases.

 

Article 6

This Law shall enter into force on the eighth day upon its publishing in “the Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON ROAD TRAFFIC SAFETY OF BRCKO DISTRICT OF BOSNIA AND HERZEGVINA

 

Article 1

In Article 4 of the Law on Road Traffic Safety in Brcko District of Bosnia and Herzegovina (“Official Gazette of Brcko District of BiH”, No.13 /07) the word “Mayor” shall be replaced with the words “District Government“.

 

Article 2

In Article 5, Paragraphs (3), (5) and (6) the word “Mayor” shall be replaced with the words “District Government’.

In Paragraph 6 of this Article the words “Revenue Agency” shall be replaced with words “District Finance Directorate ”.

 

Article 3

In Article 36, Paragraph (1), Article 37, Paragraph (1) and Article 39, Paragraphs (1) and (3) the word “Mayor” shall be replaced with the words “District Government”.

 

Article 4

In Article 41, Paragraph 3, in the end of the text, a „comma (,)“ shall be added following the word “Mayor” as well as the words “upon approval of the District Government”

Article 5

This Law shall take effect on the eighth day from its publishing in “Official Gazzete of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON BUDGET

OF BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

Article 1

In the Law on Budget of Brcko District of BiH (“Official Gazette of Brcko District of BiH”, No. 16/01, 21/05 and 3/07) in Article 13, number “46” shall be replaced with number “45”.

 

Article 2

In Article 15, Paragraph (1), numbers “62 and 63” shall be replaced with numbers “66 and 67”, and words “Treasury Administration” shall be replaced with the word “Treasury”.

 

Article 3

In Article 18, number “44” shall be replaced with number “42”.

 

Article 4

In Article 19, numbers “43, 44 and 45” shall be replaced with numbers: “41, 42 and 43”.

 

Article 5

In Article 23, Paragraph (3), the word “Mayor, at the proposal of” shall be replaced with word “Director”.

 

Article 6

In Article 27, Paragraph (1), number “43” shall be replaced with number “41”.

 

Article 7

In Article 36, Paragraph (3), the word “Mayor, at the proposal of” shall be replaced with word “Director”.

 

Article 8

Article 37 shall be amended to read:

“Director of the Directorate shall enact:

-Rulebook on Budget Accounting,

-Rulebook on the Budget Bookkeeping, and

-the Rulebook on Financial Reporting and Annual Budget Statement”.

 

Article 9

Article 38 shall be amended to read:

“Director of the Directorate shall enact accounting policies and ensure implementation of single accounting procedures”.

 

Article 10

In Article 39, words “Treasury Administration“ shall be replaced with the word “Treasury”.

 

Article 11

In Article 41, Paragraph 2, the word “April” shall be replaced with the word “May”.

 

Article 12

This Law shall enter into force eighth days after being published in the Official Gazette of Brcko District of BiH.

 

 

 

LAW

ON AMENDMENTS TO THE LAW ON CHILDCARE

OF BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

Article 1

In the Law on Childcare of Brcko District of Bosnia and Herzegovina (“Official Gazette of Brcko District of BiH”, No. 1/03, 4/04, 21/05) in Article 29, words “Upon the proposal of the competent Department engaged in the childcare, the Mayor of the Brcko District of Bosnia and Herzegovina” shall be replaced by words “The competent Department”.

 

Article 2

This Law shall take effect eight days after being published in the “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON CIVIL SERVICE

IN ADMINISTRATIVE BODIES OF BRCKO DISTRICT OF BiH

Article 1

In the Law on Civil Service in Administrative Bodies of Brcko District of BiH (“Official Gazette of Brcko District of BiH”, No. 28/06 and 29/06), after Article 15 a new Article 15a shall be added and read as follows:

“Article 15a

(Membership in steering and supervisory boards in associations)

(1)   As an exception to Article 15, Paragraph (1), a servant or employee may, with prior approval of the Ethics Officer, be a member of a steering or supervisory board of an association established in accordance with the Law on Associations and Foundations of Brcko District (“Official Gazette of Brcko District of BiH”, No. 12/02), except for being a member of a steering or supervisory board in a local community.

(2)   The Ethics Officer shall not grant approval referred to in Paragraph 1 of this Article in case when a servant works in A body of public administration which conducts supervision over the work of an association or if the field of work of his service is in any way related to financing the association from the District budget.

(3)   A servant or employee may not receive remuneration for membership in a steering or supervisory board of association if that association is fully or partly financed from the District budget.”

Article 2

In Article 32, Paragraph (2) shall be amended and read as follows:

“(2) Before advertising a public vacancy notice, vacant post may be filled by advertising an internal vacancy notice only in the case of redundant labor, to which only the persons that have been declared redundant shall be entitled to apply.”

 

Article 3

In Article 39, Paragraph (1), Item f) shall be amended and read as follows:

“f) if the repetition of the procedure of open competition is ordered by the Appellate Commission, a competent court or another competent body.”

 

Article 4

In Article 43, after Paragraph (2) a new Paragraph (3) shall be added and read as follows:

“(3) Employment for a definite period of time referred to in Paragraph (2) of this Article may not become employment for indefinite period of time.”

Current Paragraph (3) shall become Paragraph (4).

Article 5

In Article 48, Paragraph (2), Item c) shall be amended and read as follows:

“c) employees, except for Technical Secretary who discharges general and administrative duties in administrative bodies,”

After Item c) of this Article, new Items d), e), f), g) and h) shall be added and read as follows:

d)     public servants who carry out professional tasks in administrative bodies that also include organizational parts where tasks that are not of administrative character are carried out (teacher, firemen, medical staff and the like),

e)     person exempted from obligation of taking the Administration Certification Exam for university, junior college and secondary school qualifications by decision of a competent body in accordance with regulations,

f)        lawyers having master’s and doctor’s degree, assistant professors and professors of university schools of law in BiH, and persons having master’s and doctor’s degree in humanities in the field of constitutional law, administrative law or labor law,

g)     person who passed the examination of vocational ability for university, junior college and secondary school qualifications before competent administrative bodies within another occupation, on condition that he took the examination according to the curriculum similar to the curriculum for taking examinations of vocational ability in Brcko District and that it is acknowledged by the competent body,

h)      person who needs maximum five years of service to meet the requirement to get retired.”

 

Article 6

Article 51, shall be amended and read as follows:

“An examination passed for university, junior college and secondary school qualifications at any level of authority before competent administrative bodies in BiH (or the territory of other republics of the former SFRY not later than April 6, 1992), as well as an examination passed in other states with which Bosnia and Herzegovina signed the agreement on mutual validation of such exams, shall also be accepted as a passed Administration Certification Exam.”

Article 7

In Article 70, after Paragraph (1) a new Paragraph (2) shall be added and read as follows:

“(2) Servant and employee may only have one employment with full working hours.”

Current Paragraphs (2), (3) and (4) shall become Paragraphs (3), (4) and (5).

 

Article 8

In Article 74, Paragraph (4), words “1 day” shall be replaced by words “2 (two) days”.

Article 9

In Article 75, Item b) shall be amended and read as follows:

“b) social and health care criteria:

1)     parent or tutor with a child up to 7 years of age – 2 days for each child,

2)     parent or tutor with a child with serious developmental disability  – 2 days,

3)     single parent, with relevant certificate of the status of a single parent and certificate of regular schooling of the child – 1 day,

4)     disabled person, disability exceeding 70 % – 2 days.”

 

Article 10

In Article 76, Paragraph (1) shall be amended and read as follows:

“(1) Duration and use of annual leave of a servant or an employee according to this Law shall be determined, by way of decision, by a competent body for huma resources, and approved by the Administrative Body Manager based on the annual leave use plan.”

 

Article 11

In Article 89, Paragraph (1) shall be amended and read as follows:

“(1) On minor breaches of official duties as well as major breaches of official duties referred to in Article 88, Items a), c), e), f), l), m) an immediate superior servant with managerial responsibilities, employee with managerial responsibilities, the Administrative Body Manager, Administrative Inspector or Ethics Officer shall render a Decision in the first instance.”

 

Article 12

In Article 90, Paragraph (1), words “for a term of two years” shall be added after the words “of Law”.

 

Article 13

Article 93 shall be amended and read as follows:

“(1) Initiation of the procedure upon breach of official duty against servant or employee and intern, shall be conducted by an immediate superior servant with managerial responsibilities, employee with managerial responsibilities, the Administrative Body Manager, Administrative Inspector or Ethics Officer following the report or at his/her own initiative.

(2) When either of the persons referred to in Paragraph (1) of this Article receives a report about breach of official duty he/she shall have it delivered to other persons in charge of initiating the procedure, regardless of whether he/she will initiate the procedure upon the report or not.

(3) The procedure upon minor breach of official duty as well as major breach of official duty referred to in Article 88, Items a), c), e), f), l), m) shall be initiated by an immediate superior servant with managerial responsibilities, employee with managerial responsibilities, the Administrative Body Manager, Administrative Inspector i.e. Ethics Officer based on a conclusion.

(4) The procedure upon other major breaches of official duty shall be initiated by an immediate superior servant with managerial responsibilities, employee with managerial responsibilities, the Administrative Body Manager, Administrative Inspector i.e. Ethics Officer, by way of request sent to the Disciplinary Commission.

(5) Other issues related to conducting the disciplinary procedure shall be regulated by the Book of Rules on Disciplinary and Financial Accountability.”

 

Article 14

In Article 94, words “an immediate superior servant with managerial responsibilities” shall be added after the word “If”.

 

Article 15

Article 97 shall be amended and read as follows:

“An immediate superior servant with managerial responsibilities, employee with managerial responsibilities, the Administrative Body Manager or Administrative Inspector or Ethics Officer shall conduct the procedure of establishing the minor breach of official duty as well as major breach of official duty referred to in Article 88, Items a), c), e), f), l), m), shall interview the servant or employee and pass the Decision on acquittal or pronouncing the disciplinary measure or sentence.”

Article 16

In Article 99, Paragraph (2) shall be amended and read as follows:

“(2) If the Disciplinary Commission upon the request for initiation of the procedure for major breach of official duty establishes the minor breach of official duty as well as major breach of official duty referred to in Article 88, Items a), c), e), f), l), m), it shall declare itself not competent and shall return the case file to the person who submitted the request for conducting the procedure due to mentioned breaches of official duty.”

 

Article 17

In Article 102, Paragraph (2), Item d) shall be deleted.

Paragraph (3) of this Article shall be amended and read as follows:

“(3) An immediate superior servant with managerial responsibilities, employee with managerial responsibilities, Administrative Body Manager, Administrative Inspector or Ethics Officer, in the case of establishment of major breach of official duty referred to in Article 88, Items a), c), e), f), l), m) may pronounce sentences referred to in Paragraph (2), Items a) and b) of this Article.”

Paragraph (4) of this Article shall be deleted.

Current Paragraph (5) shall become Paragraph (4).

 

Article 18

In Article 117, Paragraph (1), in Items q) and r) word “this” shall be deleted.

After Item v) of this Article a new Item w) shall be added and read as follows:

“w) in the procedure of enforcing a legally valid court ruling.”

Current Item w) shall become Item z).

 

Article 19

In Article 121, Paragraph (3), after the word “Resources” a comma and words “on which a separate decision shall be enacted” shall be added.

Article 20

In Article 145 a new Paragraph (3) shall be added and read as follows:

“(3) If, in the course of adopting the new Organizational Plan, in certain positions there are servants and employees who meet all the terms prescribed by that plan, except for terms relating to the level and type of education, the Mayor shall, at the proposal of the body in charge of human resources, enact a separate decision for every such servant or employee which shall define the terms that a servant, i.e. employee must meet in order to preserve his/her status, as well as the deadline within which those terms must be met, which may not exceed two years.”

 

Article 21

This Law shall become effective eight days upon being published in the “Official Gazette of Brcko District of BiH”.

 

 

 

LAW ON

AMENDMENTS TO THE LAW ON TOBACCO

 

Article 1

In Article 9 of the Law on Tobacco (“Official Gazette of Brcko District of BiH”, No: 35/05) (hereinafter: the Law), words “The Mayor, at the proposal of Department of Agriculture, Forestry and Water Management” shall be replaced by words “The Head of Department of Agriculture, Forestry and Water Management”.

Article 2

In Article 10, Paragraph (2) of the Law, words “The Mayor, at the proposal of” shall be replaced by words “The Head of”.

 

Article 3

In Article 14, Paragraph (2) of the Law, words “The Mayor, at the proposal of” shall be replaced by words “The Head of”.

 

Article 4

In Article 17, Paragraph (1) of the Law, words “The Mayor, at the proposal of” shall be replaced by words “The Head of”.

 

Article 5

In Article 23, Paragraphs (1) and (2) of the Law, words “The Mayor” shall be replaced by words “The Government of Brcko District”.

 

Article 6

In Article 29, Paragraph (2) of the Law, words “The Mayor, at the proposal of the competent” shall be replaced by words “The Head of”.

 

Article 7

In Article 31, Paragraph (3) of the Law, words “tax stamp of Brcko District of BiH – Tax Administration” shall be replaced by words “tax stamp of Indirect Taxation Authority of BiH”.

Article 8

In Article 32, Paragraph (2) of the Law, words “Tax Administration” shall be replaced by words “Finance Directorate of Brcko District of BiH”.

 

Article 9

In Article 41 of the Law, words “The Mayor” shall be replaced by words “The Head of Department”.

 

Article 10

This law shall enter into force on the eighth day of its publishing in” the Official Gazette of Brcko District of BiH”.

 

 

 

LAW ON AMENDMENTS TO THE LAW ON

EXPROPRIATION OF REAL ESTATES IN BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

 

Article 1

In the Law on Expropriation of Real Estates in Brcko District of Bosnia and Herzegovina (“The Official Gazette of Brcko District of BiH”, No.: 26/04) in Article 8, Paragraph 2, the words “of Urban Development, Real Estate Affairs and Economic Development” shall be replaced by “of Spatial Planning and Property Affairs” and the words “Tax Administration” shall be replaced by ” Finance Directorate”.

 

Article 2

In Article 9, Paragraph 1, the words ”with expert opinion” shall be deleted.

In Article 9, Paragraph 2 shall be deleted.

 

Article 3

In Article 19, Paragraph 1, Item 5, the words “expert opinion and” shall be deleted.

 

Article 4

This Law shall take effect eight days after being published in the “Official Gazette of Brcko District of BiH”.

 

 

 

LAW

ON AMENDMENTS TO THE LAW ON FINANCING OF POLITICAL PARTIES

FROM THE BUDGET OF BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

Article 1

In the Law on Financing of Political Parties from the Budget of Brcko District of Bosnia and Herzegovina (“Official Gazette of Brcko District of BiH”, No. 29/04), Article 12 shall be amended to read as follows:

“The funds shall be allocated in the manner stipulated in Article 6 and Article 9 of this Law by the Finance Directorate of Brcko District based on the data provided by the Election Commission of Brcko District”

 

Article 2

This law shall enter into force on the eighth day of its publishing in” the Official Gazette of Brcko District of BiH”.

 

 

LAW ON AMENDMENTS TO THE LAW ON FINANCIAL OPERATIONS

OF BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

Article 1

In the Law on Financial Operations of Brcko District of Bosnia and Herzegovina (” Official Gazette of Brcko District of BiH”, No. 5/01) in Article 12, the words “of the Finance Directorate” shall be added following the word “Administration”.

 

Article 2

Article 15 shall be deleted.

 

Article 3

Article 16 shall become Article 15 and Article 17 shall become Article 16.

 

Article 4

This Law shall become effective on the eighth day upon its publishing in “the Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW

ON GAMES OF CHANCE AND AMUSEMENT GAMES

Article 1

In the Law on Games of Chance and Amusement Games (“Official Gazette of Brcko District of BiH”, No. 37/04) in Article 1, Paragraph 2, words “of the District Finance Directorate (hereinafter: the Tax Administration)” shall be added after words “Tax Administration”.

Article 2

This Law shall become effective eight days upon publishing in the “Official Gazette of Brcko District of BiH”.

 

 

 

LAW

ON AMENDMENTS TO THE LAW ON IMPLEMENTATION

OF THE DECISION OF THE ANNEX 8

COMMISSION TO PRESERVE NATIONAL MONUMENTS

Article 1

In the Law on Implementation of the Decision of the Annex 8 Commission to Preserve National Monuments (“Official Gazette of Brcko District of BiH”, No. 2/02) in Article 3, Paragraph 1, Item 2, words “Department of Urbanism, Real Estate Affairs and Economic Development of Brcko District” shall be replaced by words “Department of Spatial Planning and Property Affairs of the Government of Brcko District of Bosnia and Herzegovina”.

 

Article 2

In Article 4, words “Brcko District legislation” shall be replaced by words “legislation of Brcko District of Bosnia and Herzegovina (hereinafter: the District)”.

 

Article 3

In Articles 5, 13, 14, 15 and 16, word “Brcko” shall be deleted.

 

Article 4

This Law shall become effective eight days upon publishing in the “Official Gazette of Brcko District of BiH”.

 

 

LAW

 ON AMENDMENTS TO THE LAW ON ENFORCEMENT OF CRIMINAL AND MISDEMEANOR SANCTIONS

Article 1

In Article 30, Paragraph 4 of the Law on Enforcement of Criminal and Misdemeanor Sanctions (“Official Gazette of Brcko District of BiH” 8/00, 1/01) the words “public” before the words “Prosecutor’s Office” shall be deleted.

 

Article 2

This law shall enter into force on the eighth day of its publishing in ”the Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON EXECUTIVE PROCEDURE

Article 1

In the Law on Executive Procedure (“Official Gazette of Brcko District of BiH”, No. 8/00, 1/01, 5/02, 8/03), in Article 72, Paragraph (4), words “of the District Finance Directorate” shall be added after the word “administration”.

 

Article 2

In Article 75, Paragraph (7), words “of the District Finance Directorate” shall be added after the word “administration”

 

Article 3

This Law shall become effective eight days after being published in the “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON PUBLIC COMPANIES

IN BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

Article 1

In the Law on Public Companies in Brcko District of Bosnia and Herzegovina (“Official Gazette of Brcko District of BiH”, No. 15/06) in Article 11, Paragraph (1) shall be deleted, and current Paragraphs (2) and (3) shall become Paragraphs (1) and (2).

After the new Paragraph (2) of this Article a new Paragraph (3) shall be added and read as follows:

“(3) Two persons from among servants employed in the bodies of public administration of Brcko District of BiH may be appointed members of the Steering Board.”

 

Article 2

A new Article 11a shall be added after Article 11 and read as follows:

“Article 11a

(Procedure of Selecting and Appointing Members of the Steering Board)

(1) The Steering Board shall be appointed by the Mayor of Brcko District of BiH based on decision of an independent commission on selecting of candidates for members of the Steering Boards of the Public Company.

(2) The Steering Board members shall be selected through a public vacancy notice.

(3) The Mayor of Brcko District of BiH shall appoint a Commission to Select Candidates for Members of the Steering Board of the Public Company (hereinafter: the Commission), which shall consist of seven members as follows:

a)     three members with appropriate qualifications from departments of the Government of Brcko District of BiH, who exercise competencies in a field related to the main line of business of a public company,

b)     two members from other related departments, i.e. institutions of Brcko District of BiH, who are expert in the field of managing finances and economy,

c)      President of the Employment Board of the Government of Brcko District of BiH,

d)     Head of Division for Human Resources of the Government of Brcko District of BiH.

(4) With administrative and technical support of the Division for Human Resources, the Commission referred to in Paragraph (3) of this Article shall conduct the procedure of selecting the most successful candidates pursuant to provisions of the Law on Civil Service of Brcko District of BiH that prescribe the selection procedure.

(5) The Mayor of Brcko District of BiH shall pass an enactment on appointing members of the Steering Board within eight days from the day the Commission’s decision becomes final.

(6) In case the Mayor of Brcko District of BiH fails to pass the enactment on appointing members of the Steering Board within deadline referred to in Paragraph (5) of this Article it shall be deemed that he agrees with the decision of the Commission on selecting the most successful candidates. In this case the Commission’s decision shall become final and binding and shall replace the decision on appointing.”

 

Article 3

In Article 20, words “the Statute of Brcko District of BiH” shall be added after words “prescribed by”.

After Paragraph (1) of this Article a new Paragraph (2) shall be added and read as follows:

“(2) In conducting the procedure for appointing the Director, the Steering Board shall:

a)     advertise and publish a public vacancy notice for the position of the Director,

b)     conduct the selection of candidates,

c)      schedule an interview, i.e. written testing,

d)     evaluate professional skills of selected candidates by way of:

1.      interview,

2.      written testing or assigning a task of practical work prior to the interview, when it estimates that it is necessary for selected candidates to demonstrate knowledge and skills,

e)     prepare ranking lists of interviewed candidates.

(3) The Steering Board shall enact a decision on selecting and appointing the most successful candidate for the position of the Director.”

 

Article 4

In Article 27, Paragraph (2), number “22” shall be replaced by number “21” and words “(“Official Gazette of Brcko District of BiH”, No. 1/00, 7/04, 20/05 and 24/05)” shall be deleted.

 

Article 5

After Article 27 a new Article 27a shall be added and read as follows:

 

“Article 27a

(Employment in the Public Company)

(1) The Director shall be in charge of employment in a public company based on binding decision of a commission appointed by the Director.

(2) Employees shall be selected through a public vacancy notice.

(3) The commission referred to in Paragraph (1) of this Article shall consist of the following:

a)     President of the Steering Board,

b)     Director,

c)      employees of a public company responsible for personnel affairs.

(4) The commission referred to in Paragraph (1) of this Article shall select the most successful candidate in a way prescribed in Article 20, Paragraph 2 of this Law.

(5) The commission shall enact a decision on selecting the most successful candidate”.

 

 

LAW

 ON AMENDMENTS TO THE LAW ON ENFORCEMENT OF CRIMINAL AND MISDEMEANOR SANCTIONS

Article 1

In Article 30, Paragraph 4 of the Law on Enforcement of Criminal and Misdemeanor Sanctions (“Official Gazette of Brcko District of BiH” 8/00, 1/01) the words “public” before the words “Prosecutor’s Office” shall be deleted.

 

Article 2

This law shall enter into force on the eighth day of its publishing in ”the Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON EXECUTIVE PROCEDURE

Article 1

In the Law on Executive Procedure (“Official Gazette of Brcko District of BiH”, No. 8/00, 1/01, 5/02, 8/03), in Article 72, Paragraph (4), words “of the District Finance Directorate” shall be added after the word “administration”.

 

Article 2

In Article 75, Paragraph (7), words “of the District Finance Directorate” shall be added after the word “administration”

 

Article 3

This Law shall become effective eight days after being published in the “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON PUBLIC COMPANIES

IN BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

Article 1

In the Law on Public Companies in Brcko District of Bosnia and Herzegovina (“Official Gazette of Brcko District of BiH”, No. 15/06) in Article 11, Paragraph (1) shall be deleted, and current Paragraphs (2) and (3) shall become Paragraphs (1) and (2).

After the new Paragraph (2) of this Article a new Paragraph (3) shall be added and read as follows:

“(3) Two persons from among servants employed in the bodies of public administration of Brcko District of BiH may be appointed members of the Steering Board.”

 

Article 2

A new Article 11a shall be added after Article 11 and read as follows:

“Article 11a

(Procedure of Selecting and Appointing Members of the Steering Board)

(1) The Steering Board shall be appointed by the Mayor of Brcko District of BiH based on decision of an independent commission on selecting of candidates for members of the Steering Boards of the Public Company.

(2) The Steering Board members shall be selected through a public vacancy notice.

(3) The Mayor of Brcko District of BiH shall appoint a Commission to Select Candidates for Members of the Steering Board of the Public Company (hereinafter: the Commission), which shall consist of seven members as follows:

a)     three members with appropriate qualifications from departments of the Government of Brcko District of BiH, who exercise competencies in a field related to the main line of business of a public company,

b)     two members from other related departments, i.e. institutions of Brcko District of BiH, who are expert in the field of managing finances and economy,

c)      President of the Employment Board of the Government of Brcko District of BiH,

d)     Head of Division for Human Resources of the Government of Brcko District of BiH.

(4) With administrative and technical support of the Division for Human Resources, the Commission referred to in Paragraph (3) of this Article shall conduct the procedure of selecting the most successful candidates pursuant to provisions of the Law on Civil Service of Brcko District of BiH that prescribe the selection procedure.

(5) The Mayor of Brcko District of BiH shall pass an enactment on appointing members of the Steering Board within eight days from the day the Commission’s decision becomes final.

(6) In case the Mayor of Brcko District of BiH fails to pass the enactment on appointing members of the Steering Board within deadline referred to in Paragraph (5) of this Article it shall be deemed that he agrees with the decision of the Commission on selecting the most successful candidates. In this case the Commission’s decision shall become final and binding and shall replace the decision on appointing.”

 

Article 3

In Article 20, words “the Statute of Brcko District of BiH” shall be added after words “prescribed by”.

After Paragraph (1) of this Article a new Paragraph (2) shall be added and read as follows:

“(2) In conducting the procedure for appointing the Director, the Steering Board shall:

a)     advertise and publish a public vacancy notice for the position of the Director,

b)     conduct the selection of candidates,

c)      schedule an interview, i.e. written testing,

d)     evaluate professional skills of selected candidates by way of:

1.      interview,

2.      written testing or assigning a task of practical work prior to the interview, when it estimates that it is necessary for selected candidates to demonstrate knowledge and skills,

e)     prepare ranking lists of interviewed candidates.

(3) The Steering Board shall enact a decision on selecting and appointing the most successful candidate for the position of the Director.”

 

Article 4

In Article 27, Paragraph (2), number “22” shall be replaced by number “21” and words “(“Official Gazette of Brcko District of BiH”, No. 1/00, 7/04, 20/05 and 24/05)” shall be deleted.

 

Article 5

After Article 27 a new Article 27a shall be added and read as follows:

“Article 27a

(Employment in the Public Company)

(1) The Director shall be in charge of employment in a public company based on binding decision of a commission appointed by the Director.

(2) Employees shall be selected through a public vacancy notice.

(3) The commission referred to in Paragraph (1) of this Article shall consist of the following:

a)     President of the Steering Board,

b)     Director,

c)      employees of a public company responsible for personnel affairs.

(4) The commission referred to in Paragraph (1) of this Article shall select the most successful candidate in a way prescribed in Article 20, Paragraph 2 of this Law.

(5) The commission shall enact a decision on selecting the most successful candidate”.

 

LAW

ON AMENDMENTS TO THE LAW ON PUBLIC ORDER AND PEACE

Article 1

In the Law on Public Order and Peace (“Official Gazette of Brcko District of BiH No. 2/02) in Article 6, Paragraphs 1, 4 and 5, words “Government of Brcko District of BiH” shall be replaced with words “Police of Brcko District of BiH”.

 

Article 2

This Law shall enter into force eight days after being published in the “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMNETNS TO THE LAW ON LAND CONSOLIDATION

OF BRCKO DISTRICT BiH

 

Article 1

In the Law on Land Consolidation of Brcko District of BiH (“Official Gazette of Brcko District of BiH”, No. 7/06) in Article 18, Paragraph (2), the words “(hereinafter: the Mayor)” shall be added to follow the words “Mayor of Brcko District of BiH”.

Following Paragraph (2) of this Article, a new Paragraph (3) shall be added which shall read:

“(3) The Mayor shall file a request referred to in the previous Paragraph of this Article upon an approval of the Government of Brcko District of Bosnia and Herzegovina (hereinafter: the Government)”.

Current Paragraph (3) shall become Paragraph (4).

 

Article 2

In Article 23, Paragraphs (1) and (2) the words “Brcko District of BiH” shall be deleted.

 

Article 3

In Article 25, Paragraph (1), a “comma (,)” and words “previously approved by the Government” shall be added to follow the word “Mayor”.

 

Article 4

In Article 42, the words “Brcko District of BiH” shall be deleted.

 

Article 5

In Article 51, Paragraph (4), the words “of the Government of Brcko District of BiH” shall be replaced with the words “of the Government”.

 

Article 6

In Article 79, Paragraph (1), the words “of Brcko District of BiH” following the words “the Government” shall be deleted.

 

Article 7

In Article 81, Paragraph (3) and Article 89, Paragraph (1) and Paragraph (3, the words “Brcko District of BiH” shall be deleted.

 

Article 8

In Article 90, Paragraph (4) the words “Mayor of Brcko District of BiH” shall be replaced by the words “the Government “.

 

Article 9

In Article 91, Paragraph (2) and Article 92, Paragraph (2) the words “Brcko District of  BiH” shall be deleted.

 

Article 10

In Article 95, the words “Revenue Agency of Brcko District of BiH” shall be replaced with the words “Finance Directorate of Brcko District of BiH (hereinafter: the Finance Directorate)”.

 

Article 11

In Article 96, Paragraph (1), the words “Department of Budget and Finance of the Government of Brcko District of BiH” shall be replaced with the words “Finance Directorate”.

 

Article 12

In Article 98 Paragraph (1) and Paragraph (2) the words “Mayor of Brcko District of BiH” shall be replaced with the words “the Government”.

 

Article 13

This Law shall take effect on the eight day after its publishing in “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON CONCESSIONS OF

 BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

Article 1

In the Law on Concessions of Brcko District of Bosnia and Herzegovina (”Official Gazette of Brcko District of BiH”, No. 41/06) in Article 5, Paragraph (1), after the word “Mayor” a comma and words “previously approved by the Government“ shall be added, and the rest of the text remains unaltered.

 

Article 2

In Article 9, Paragraph (1), word “Mayor” shall be replaced with the word “Government”, and the rest of the text remains unaltered.

 

Article 3

In Article 12, Paragraph (1), word “Mayor” shall be replaced with the word “Government”, and the rest of the text remains unaltered.

 

Article 4

In Article 20, Paragraph (1), at the end of the text, after the word “concessor” words “upon the approval of the Government” shall be added.

 

Article 5

In Article 23, Paragraph (2), at the end of the text, after the word “concessor” words “with the consent of the Government” shall be added.

Article 6

This law shall enter into force on the eighth day of its publishing in the “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON LEGALIZATION OF ILLEGAL STRUCTURES

Article 1

In the Law on Amendments to the Law on Legalization of Illegal Structures (“Official Gazette of Brcko District of BiH”, No. 21/03, 3/04, 29/04) in Article 3, words “Urban Development, Real Estate Affairs and Economic Development” shall be replaced with words “Spatial Planning and Property Affairs”.

 

Article 2

In Article 6, Paragraph (2), words “the Mayor’s decision” shall be replaced with words “Head of Department by way of a decision”.

 

Article 3

In Article 8, Paragraph (2), words “the Mayor” shall be replaced with words “the Government”.

 

Article 4

In Article 22, Paragraph (2), words “the Mayor” shall be replaced with words “Head of Department”.

 

Article 5

In Article 29, “comma (,)” and words ”i.e. Head of Department” shall be added after words “the Mayor”.

 

Article 6

This Law shall enter into force eight days after being published in “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON LOCAL COMMUNITES

IN BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

 

Article 1

In the Law on Local Communities in Brcko District of Bosnia and Herzegovina (“Official Gazette of Brcko District of BiH”, No. 3/03) in Article 10, Paragraph 5, word “Mayor” shall be replaced by word “Government”.

 

Article 2

In Article 28, Paragraph 3, word “Mayor” shall be replaced by words “District Public Attorney’s Office”.

 

Article 3

In Article 28, Paragraph 4, word “Mayor” shall be replaced by words “District Public Property Office”.

Article 4

In Article 28, Paragraph 5, words “Brcko” and “Mayor” shall be replaced by words “Public Property Office”.

Article 5

In Article 30, word “Mayor” shall be replaced by word “Government”.

 

Article 6

This Law shall become effective eight days upon being published in the “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON EDUCATION

IN PRIMARY AND SECONDARY SCHOOLS

OF BRCKO DISTRICT OF BiH

Article 1

In the Law on Education in Primary and Secondary Schools of Brcko District of BiH (“Official Gazette of Brcko District of BiH”, No. 09/01, 28/03 and 29/04) in Article 8.A, Item 5, words “a Mayor’s” shall be replaced by words “an [instruction of] the Head of Department of Education (hereinafter: the Head of Department)”.

 

Article 2

In Article 15, Paragraph 2, words “the Mayor” shall be replaced by words “the Government of Brcko District of BiH (hereinafter: the Government)”.

 

Article 3

In Article 27, Paragraph 2, words “at the proposal” shall be replaced with word “Head” and words “the Mayor” shall be deleted.

 

Article 4

In Article 28, Paragraph 2, words “the Mayor” shall be replaced by words “the Government”.

 

Article 5

In Article 39.A, Item 4, words “the Mayor” shall be replaced by words “the Head of Department”.

 

Article 6

In Article 42, Paragraph 2, words “the Mayor” shall be replaced by words “the Head of Department”.

 

Article 7

In Article 50, Paragraph 2, words “the Mayor” shall be replaced by words “the Government”

 

Article 8

In Article 69, Paragraph 6, Article 74, Paragraph 1, Article 88, Paragraph 2, Article 90, Paragraph 1, Article 93, Paragraph 3, Article 102, Paragraph 4, words “the Mayor” shall be replaced by words “the Head of Department”.

 

Article 9

In Article 103, Paragraph 3, words “the Mayor” shall be replaced by words “the Head of Department”.

 

Article 10

In Article 104, Paragraph 3, words “the Mayor” shall be replaced by words “the Head of Department”.

 

Article 11

In Article 111, Paragraph 1, words “the Mayor” shall be replaced by words “the Head of Department”.

 

Article 12

In Article 112, Paragraph 2, words “the Mayor” shall be replaced by words “the Government”.

Article 13

This Law shall take effect eight days after being published in the “Official Gazette of Brcko District of BiH”.

 

LAW

ON AMENDMENTS TO THE LAW ON PURCHASE OF APARTMENTS WITH OCCUPANCY RIGHTS IN BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

Article 1

In the Law on Purchase of Apartments with occupancy right in Brcko District of BiH (“Official Gazette of Brcko District of BiH” No: 10/02, 17/04 and 41/06), in Article 23, Paragraph 2, words: “Law on Tax Administration of Brcko District of Bosnia and Herzegovina” shall be replaced with words “Law on Treasury of Brcko District of BiH”.

 

Article 2

This Law shall enter into force on the eighth day of its publishing in the “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON SEAL

OF BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

Article 1

In the Law on Seal of Brcko District of Bosnia and Herzegovina (“Official Gazette of Brcko District of Bosnia and Herzegovina”, No. 12/01) in Article 3, Paragraph (1), word “Distrikt” in various cases shall be replaced by word “distrikt” in respective cases.

 

Article 2

In Article 4, words “the Government of Brcko District of Bosnia and Herzegovina” shall be added after words “The Brcko District Assembly”, words “Public Prosecutor’s Office shall be replaced with words “Prosecutor’s Office”, words “the Revenue Agency of the Brcko District of Bosnia and Herzegovina” shall be deleted and words “the Public Attorney’s Office of Brcko District of Bosnia and Herzegovina, the Finance Directorate of Brcko District of Bosnia and Herzegovina, the Public Property Office, the Office of the Brcko District Coordinator within the Council of Ministers of Bosnia and Herzegovina” shall be added and word “public” shall be added after word “affairs”.

 

Article 3

In Article 7, Paragraph (1), words “the Government of Brcko District of Bosnia and Herzegovina” shall be added after words “The Brcko District Assembly”, words “Public Prosecutor’s Office shall be replaced with words “Prosecutor’s Office”, words “the Revenue Agency of the Brcko District of Bosnia and Herzegovina” shall be deleted and words “the Public Attorney’s Office of Brcko District of Bosnia and Herzegovina, the Finance Directorate of Brcko District of Bosnia and Herzegovina, the Public Property Office, the Office of the Brcko District Coordinator within the Council of Ministers of Bosnia and Herzegovina” shall be added and word “public” shall be added after word “affairs”.

 

Article 4

This Law shall take effect eight days after being published in the “Official Gazette of Brcko District of Bosnia and Herzegovina”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON SALARIES AND COMPENSATIONS

OF EMPLOYEES IN THE JUDICIARY OF BRCKO DISTRICT OF BIH

 

Article 1

In the Law on Salaries and Compensations of Employees in the Judiciary of Brcko District of BiH (“Official Gazette of Brcko District of BiH”, No: 13/07 of April 27, 2007), in Article 1, Paragraph (2), Line 4, words “Public Prosecutor’s Office of Brcko District of BiH” shall be replaced with words “Prosecutor’s Office of Brcko District of BiH”.

 

Article 2

This law shall enter into force on the eighth day of its publishing in” the Official Gazette of Brcko District of BiH”.

 

 

L A W

ON AMENDMENTS TO THE LAW ON AGRICULTURAL PRODUCTION INCENTIVES

Article 1

In the Law on Agricultural Production Incentives (“Official Gazette of Brcko District of BiH” no. 11/06) in Article 8, Paragraph (1), word “Mayor” shall be replaced with the word “Government”.

 

Article 2

In Article 14 words “Brcko District Mayor” shall be replaced with words “Head of Department”.

 

Article 3

In Article 20, words “Brcko District Mayor” shall be replaced with words “Brcko District of BiH Government at the proposal of the Department”.

 

Article 4

In Article 21, Paragraph (2) words “Brcko District of BiH Mayor at the proposal” shall be replaced with the word “Head”.

 

Article 5

This law shall enter into force on the eighth day of its publishing in” the Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW STIMULATING ECONOMIC DEVELOPMENT IN BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

Article 1

In the Law Stimulating Economic Development in Brcko District of Bosnia and Herzegovina (Official Gazette of Brcko District of BiH No. 13/06) in Article 15, Paragraphs (1) and (2), words “Department of Urban Development, Real Estate Affairs and Economic Development” shall be replaced with “Department of Economic Development, Sports and Culture”.

 

Article 2

In Article 24, Paragraph (1), words “All competent departments of the Government” shall be replaced with “All public administration bodies”.

 

Article 3

In Article 25, Item n) words “the Mayor” shall be replace with “Brcko District of BiH Government”.

 

Article 4

This Law shall enter into force eight days after being published in the “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON POLICE

OF BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

Article 1

In Article 2, Paragraph (1), Item 7 of the Law on Police of Brcko District of Bosnia and Herzegovina (Official Gazette of Brcko District of BiH, no. 19/06-revised text) words “District Public Prosecutor” shall be replaced with the word “Prosecutor”.

 

Article 2

In Article 5, Paragraph (3), words “Public Prosecutor’s Office of Brcko District” shall be replaced with words “District Prosecutor’s Office”.

 

Article 3

In Article 8, Paragraph (1), Item 11, words “District Public Prosecutor” shall be replaced with the word “Prosecutor”

In Article 8, Paragraph (1), Item 22, words “Public Prosecutor’s Office of Brcko District” shall be replaced with words “District Prosecutor’s Office”.

 

Article 4

In Article 8, indent 5, Article 28, Paragraph (4), Article 31, Paragraphs (1) and (3), words “Public Prosecutor” shall be replaced with the word “Prosecutor”, in an appropriate case.

 

Article 5

In Article 36, Paragraph (2), words “Public Prosecutor’s Office” shall be replaced with words “District Prosecutor’s Office”.

 

Article 6

This Law shall enter into force on the eighth day of its publishing in the Official Gazette of Brcko District of BiH.

 

LAW

ON AMENDMENTS TO THE LAW ON POLITICAL ORGANIZATIONS

Article 1

In the Law on Political Organizations (“Official Gazette of Brcko District”, No: 12/02), Article 20, Paragraph 3 shall be amended and read as follows:

“Decision on the request of entry shall be submitted to the applicant and the District Prosecutor.”

 

Article 2

Article 22 shall be amended to read as follows:

“The provisions of the Law on Registration of Business Entities in Brcko District of BiH (“Official Gazette of Brcko District of BiH” 15/05) shall be accordingly applied in the registration procedure of political organizations.”

 

Article 3

Article 24, Paragraph 2, shall be amended to read as follows:

“The Prosecutor shall submit the request for deletion of political organization for the reasons referred to in Item 3 of the previous Article.”

 

Article 4

Article 25, Paragraph 2 shall be amended to read as follows:

“The procedure for banning the work of political organization shall be instituted upon the request of the Prosecutor and the decision on the request shall be enacted by the Registration Court.”

 

Article 5

Article 26 shall be amended to read as follows:

“If the request for banning the work of political organization has been filed, the Court shall, within 8 days, schedule a hearing, on which the Prosecutor and a representative of the political organization shall be summoned. The hearing shall be held even if one of the dully-summoned parties fails to attend the hearing although it was specially warned about it. ”

 

Article 6

Article 27 shall be amended to read as follows:

“Unless otherwise stipulated by this Law, certain provisions of Law on Criminal Procedure (“Official Gazette of Brcko District of BiH” 10/03, 48/04, 6/05 and 12/07) shall be accordingly applied in the procedure for banning the work of political organization.”

 

Article 7

This law shall enter into force on the eighth day of its publishing in” the Official Gazette of Brcko District of BiH”.

 

 

L A W

ON AMENDMENTS TO THE LAW ON AGRICULTURAL LAND OF BRCKO DISTRICT OF BIH

Article 1

In the Law on Agricultural Land of Brcko District of BiH (“Official gazette of Brcko District of BiH” no: 32/04) in Article 8, word ”Mayor” shall be replaced with words “Head of Department of Agriculture, Forestry and Water Management of the Government of Brcko District of BiH (hereinafter: the Head of Department)”.

 

Article 2

In Article 9 Paragraphs (3) words “The Mayor, at the proposal of the Department of Agriculture, Forestry and Water Management” shall be replaced by words “The Head of Department” and in Paragraph (5) word: ”Mayor” shall be replaced with the word “Government”.

 

Article 3

In Article 10 the word ”Mayor” shall be replaced with the word “Government”.

 

Article 4

In Article 21, Paragraph (1) the word ”Mayor” shall be replaced with the word “Government”.

 

Article 5

In Article 22, Paragraph (6) words “Department of Urban Development, Property Affairs and Economic Development” shall be replaced with words “Department of Spatial Planning and Property Affairs”.

 

Article 6

In Article 23, Paragraph (4) words “Department of Urban Development” shall be replaced with words “Department of Spatial Planning and Property Affairs”.

 

Article 7

In Article 34, Paragraphs (1), (3) and (4) the word “Mayor” written in different cases shall be replaced with the word “Government” in appropriate cases.

Article 8

In Article 36, Paragraph (5), words “Mayor, at the proposal of the Department” shall be replaced with words “Head of Department”.

In the same Article, Paragraph (7), words “The Mayor of Brcko District of BiH, at the proposal of the Department” shall be replaced with words “The Head of Department”.

 

Article 9

In Article 39 words “and the Department” shall be replaced with words “which shall be defined by the Government”.

 

Article 10

In Article 41, Paragraph (1) words “at the Department’s initiative” shall be replaced with words “which shall be defined by the Government”.

 

Article 11

In Article 42, Paragraph (1) words “and the Department” shall be replaced with words “which shall be defined by the Government”.

 

Article 12

In Article 43, words “and the Department” shall be replaced with words “which shall be defined by the Government”.

 

Article 13

In Article 44 the word “Mayor” shall be replaced with words ”Head of Department”.

 

Article 14

In Article 52, Paragraph (1) words “and the Department” shall be replaced with words “which shall be defined by the Government”.

 

Article 15

In Article 54, Paragraphs (1) and (2) words “and the Department” shall be replaced with words “which shall be defined by the Government”.

 

Article 16

In Article 57 words “the Mayor and the Department” shall be replaced with the word “Government”.

 

Article 17

In Article 59 the word “Mayor” shall be replaced with the word ”Government”.

 

Article 18

In Article 61 the word “Mayor” shall be replaced with the word “Government”.

Article 19

In Article 65 the word “Mayor” shall be replaced with the word “Government”.

 

Article 20

In Article 66, Paragraph (2) words “and the Department” shall be replaced with words “which shall be defined by the Government”.

 

Article 21

In Article 67, Paragraph (2) words “and the Department” shall be replaced with words “which shall be defined by the Government”.

In Paragraphs (4) and (6) of the same Article words “the Mayor, at the proposal of the Department “ shall be replaced with the word “Government”.

 

Article 22

In Article 87, Paragraph (7) the word “Mayor” shall be replaced with the word “Government”.

 

Article 23

In Article 89, Paragraph (5), the word “Mayor” shall be replaced with the word “Government”.

 

Article 24

In Article 107, Paragraph (1), words “The Mayor, at the proposal of the Department” shall be replaced with words “The Head of Department”.

 

Article 25

In Article 123 Paragraph (4) after the word “Mayor”, words “upon defined Government’s proposal” shall be added.

 

Article 26

In Article 132, Paragraph (2) the word “Mayor” shall be replaced with the word “Government”.

 

Article 27

In Article 141, Paragraph 3 the word “Mayor” shall be replaced with the word “Government”.

 

Article 28

In Article 142 the word “Mayor” shall be replaced with the word “Government”.

 

Article 29

In Article 144 the word “Mayor” shall be replaced with the word “Government”.

 

Article 30

In Article 148 Paragraph (2) the word “Mayor” shall be replaced with the word “Government”.

 

Article 31

In Article 153, Paragraph (7) words “Department of Urban Development” shall be replaced with words “Department of Spatial Planning and Property Affairs”.

 

Article 32

In Article 159, Paragraph (1) the word “Mayor” shall be replaced with the word “Government”.

 

Article 33

In Article 166 the word “Mayor” shall be replaced with the word “Government”.

 

Article 34

In Article 167, Paragraph (2) the word “Mayor” shall be replaced with the word “Government”.

Article 35

In Article 169, Paragraph (1) the word “Mayor” shall be replaced with the word “Government” and in Paragraph (2) of the same Article words “Tax Administration” shall be replaced with words “Finance Directorate”.

 

Article 36

In Article 170, Paragraph (4) the word “Mayor” shall be replaced with the word “Government”.

 

Article 37

In Article 171 the words “Mayor, at the proposal of the Department of Agriculture” shall be replaced with words “Head of Department”.

 

Article 38

In Article 172 the word “Mayor” shall be replaced with the word “Government” and words “Department of Urban Development” shall be replaced with words “Department of Spatial Planning and Property Affairs”.

 

Article 39

In Article 178, Paragraph (2) after the word “Mayor”, words “which shall be defined by the Government” shall be added.

 

Article 40

In Article 180, Paragraph (1) the word “Mayor” shall be replaced with the word “Government”.

 

Article 41

In Article 181, Paragraph (3) the word “Mayor” shall be replaced with the word “Government”.

 

Article 42

In Article 183, Paragraph (2), Item 8 words “Department of Spatial Development” shall be replaced with words “Department of Spatial Planning and Property Affairs”.

 

Article 43

In Article 193 the word “Mayor” shall be replaced with the word “Government”.

Article 44

This Laws shall enter into force on the eighth day of its publishing in the “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON TAX ADMINISTRATION

OF BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

Article 1

In the Law on Tax Administration of Brcko District of Bosnia and Herzegovina (“Official Gazette of Brcko District of BiH”, No. 3/02, 42/04, 8/06 and 3/07) in the whole text the word “Administration” in different cases, shall be replaced with words “Tax Administration” in corresponding case.

 

Article 2

In article 1, Paragraph (1), words “Brcko District of BiH (hereinafter: Administration)” shall be deleted.

 

Article 3

In Article 5, after Paragraph (2) new paragraphs (3) and (4) shall be added and shall read:

“(3) The Director of the Tax Administration shall be appointed by the Mayor in accordance with the Law on Civil Service in Administrative Bodies of Brcko District of BiH.

(4) The Director of the Tax Administration shall have the status of a civil servant with managerial responsibilities and shall report on his/her work directly to the Director of the Directorate.”

 

Article 4

In Article 87, Paragraph (1), word “Mayor” shall be replaced with words “Director of the Directorate”, and words “at the proposal of the Director of the Directorate, and” shall be deleted.

 

Article 5

In the title of Article 88, word “Administration”, shall be replaced with word “Directorate”.

In Paragraph (1), Paragraph (2), Paragraph (3) and Paragraph (6), word “Administration”, in different cases, shall be replaced with word “Directorate” in corresponding cases.

Article 6

This Law shall enter into force eight days after being published in the “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE INCOME TAX LAW

Article 1

In the Income Tax Law (“Official Gazette of Brcko District of BiH”, No. 12/03 and 13/03) in Article 16, Paragraph (3), the words “of the Finance Directorate of Brcko District of BiH (hereinafter: the Tax Administration) shall be added after the word “Administration”.

 

Article 2

In Article 38, Paragraph (3), the words “of the Brcko District” shall be deleted.

 

Article 3

In Article 39, Paragraph (1), the words “of the District” shall be deleted.

In Paragraph (3) of this Article the words “of the Brcko District ” shall be deleted.

Article 4

In Article 41, Paragraph (5), the words “of the Brcko District” shall be deleted.

 

Article 5

In Article 44, Paragraph (1), in the first sentence, the words “of the Brcko District” shall be deleted, and the words “District of Brcko” in the name of the law shall be replaced with the words “Brcko District of BiH”.

In Paragraph (2) of this Article, the words “the District Mayor” shall be replaced with the words “Director of the Finance Directorate of District “.

 

Article 6

This Law shall become effective on the eighth day upon its publishing in “the Official Gazette of Brcko District of BiH”.

 

 

LAW

 ON AMENDMENTS TO THE LAW ON ENFORCEMENT OF CRIMINAL AND MISDEMEANOR SANCTIONS

Article 1

In Article 30, Paragraph 4 of the Law on Enforcement of Criminal and Misdemeanor Sanctions (“Official Gazette of Brcko District of BiH” 8/00, 1/01) the words “public” before the words “Prosecutor’s Office” shall be deleted.

 

Article 2

This law shall enter into force on the eighth day of its publishing in ”the Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON LEGAL ENTITIES

ESTABLISHED BY BRCKO DISTRICT

 

Article 1

In the Law on Legal Entities Established by Brcko District (“Official Gazette of Brcko District of BiH”, No. 10/02), in Articles 3 and 7, the word “Mayor” shall be replaced with “Government”.

 

Article 2

In Article 10, Paragraph 2 shall be amended to read as follows:

“Members of the Steering Board shall be appointed by the Mayor upon a public vacancy notice procedure conducted in accordance with the Statute, laws and other regulations of the District.”

After the Paragraph 2, a new Paragraph 3 shall be inserted to read as follows:

“Members of the Steering Board shall be dismissed by the Mayor.”

The present Paragraph 3 shall become Paragraph 4 and the words “upon a public vacancy notice procedure conducted” shall be inserted after the words “Steering Board”.

The present Paragraphs 4 and 5 shall become Paragraph 5 and 6.

 

Article 3

In Article 16, Paragraph 1, the word “Mayor” shall be replaced with “Government”.

 

Article 4

In Article 18, Paragraph 1, Item 1, the word “Mayor” shall be replaced with “Government”.

 

Article 5

In Article 19, the word “Mayor” shall be replaced with “Government”.

 

Article 6

This Law shall enter into force on the eight day following its publication in “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON PUBLIC ATTORNEY’S OFFICE

OF BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

 

Article 1

Article 7 of the the Law on Public Attorney’s Office of Brcko District of Bosnia and Herzegovina (“Official Gazette of Brcko District of BiH”, No. 28/06), shall be amended and read as follows:

”

(1)     The Public Attorney’s Office shall perform the tasks of protecting the public property, property rights and property interests of the District, its bodies, institutions and legal persons fully or predominantly funded from the District budget or over which the District exercises the founder’s rights, and takes actions and measures prescribed by law to protect the public property, property rights and property interests of the District in the proceedings before the courts and other competent bodies.

(2)     The Public Attorney’s Office shall also discharge duties referred to in Paragraph 1 of this Article in relation to companies with majority ownership of the District, except in cases of collecting claims for consumed electricity, water, waste disposal (and other utilities and other services) if these amounts do not exceed the limit prescribed in Article 15, Paragraph 3 of this Law, as well as in other cases below the limit prescribed in Article 15, Paragraph 3 of this Law.

(3)     If the Public Attorney’s Office should, in accordance with the law, represent parties with conflicting interests one of whom is the District, the Public Attorney’s Office shall represent the District.

(4)     In case that the Public Attorney’s Office should, in accordance with the law, represent parties with conflicting interests none of whom is the District, the Public Attorney’s Office shall not represent these parties.

(5)     In discharging duties referred to in Paragraph 1 of this Article, the Public Attorney’s Office may also initiate proceedings against the District, and in that case it has the capacity of a party to the proceedings.

(6)     The Public Attorney’s Office shall monitor and analyze the situation and problems from the area of its competence and shall inform the relevant institutions and propose measure to prevent socially damaging phenomena”

 

Article 2

Article 11 shall be amended to read as follows:

”

(1)     The Public Attorney’s Office shall be entitled to reimbursement of costs of proceedings in accordance with the valid attorney fees. In case the fees are not harmonized the Public Attorney’s Office shall calculate and claim the amount that presents an arithmetical average of two fees.

(2)     Reimbursement from Paragraph (1) of this Article shall be the revenue of the District budget. ”

 

Article 3

In Article 12, Paragraph (1), words “other bodies and institutions of the District, public services from Article 7 of this Law, as well as public companies of which the District is the majority owner” shall be deleted and replaced by words “other subjects referred to in Article 7 of this Law”.

 

Article 4

In Article 13, Paragraph (1), words “other bodies and institutions of the District, public services from Article 7 of this Law, as well as public companies of which the District is the majority owner” shall be deleted and replaced by words “other subjects referred to in Article 7 of this Law”.

 

Article 5

Article 22, Paragraph (4) shall be amended and read as follows:

“The Public Attorney and Deputies shall not be members of political parties or in any way involved in a political activity, and they particularly shall not be members or perform any duty in bodies of political parties, associations or foundations connected to political parties, and shall not participate in political party activities of public nature.”

 

Article 6

Article 25 shall be amended to read as follows:

”

(1)    The Public Attorney and Deputies shall individually file for review to the District Assembly an annual financial statement on their total revenues, sources, property and debits, as well as on revenues, sources, property and debits of close family members up to the direct line of ascent or descent, and on the ways of acquiring them.

(2)    Financial statements shall be considered public documents and the Assembly shall provide them for public review.

(3)    The form and content of a financial statement shall be more closely regulated by District laws. ”

Article 7

In Article 73, Paragraph (2) shall be amended to read as follows:

“(2) The Secretary shall be appointed for a term of 4 years and he/she may be reappointed. ”

 

Article 8

Paragraph (3) of Article 74 shall be deleted.

 

Article 9

Paragraph (4) of Article 74 shall be deleted.

 

Article 10

Paragraph (2) of Article 75 shall be deleted.

Article 11

Paragraph (3) of Article 75 shall be deleted.

 

Article 12

Following Article 75 a new Article 75a shall be addedd and read as follows:

“Article 75.a

The Commission shall publish a vacancy notice, appoint and dismiss the Secretary, expert associates, interns and administrative staff of the Public Attorney’s Office.”

Article 13

This law shall enter into force on the eighth day of its publishing in” the Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON PRESCHOOL EDUCATION

IN BRCKO DISTRICT OF BiH

 

Article 1

In the Law on Preschool Education in Brcko District of BiH (“Official Gazette of Brcko District of BiH”, No.13/07) in Article 10, Paragraph (2), the words “at the proposal of the Department shall be enacted by the Mayor” shall be replaced with “shall be enacted by the Head of the Department”.

In Paragraph (4) of this Article, the word “Mayor” shall be replaced with “Government of Brcko District of BiH (hereinafter “the Government”)”.

 

Article 2

In Article 26, Paragraph (3), the word “Mayor” shall be replaced with “the Head of the Department of Education”.

 

Article 3

In Article 48, Paragraph (3), the word “Mayor” shall be replaced with “Government”.

 

Article 4

In Article 53, the word “Mayor” shall be replaced with “the Head of the Department, that is, the Government at the proposal of the Department, ” and the words “at the proposal of the Department” shall be deleted.

 

Article 5

This Law shall enter into force on the eight day following its publication in “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON ENTERPRISES

 OF BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

Article 1

In the Law on Companies of Brcko District of Bosnia and Herzegovina (“Official Gazette of Brcko District of BiH”, No. 11/01, 10/02, 14/02, 1/03, 8/03 and 4/04) in Article 14, Paragraph (2), words “Brcko District Government” shall be replaced with words “Department of Administrative Support”.

In Paragraph (4) of this Article the word “Government” shall be replaced with words “Department of Administrative Support”.

 

Article 2

This Law shall enter into force on the eight day of its publishing in the “Official Gazette of Brcko District of BiH”.

 

 

L A W

ON AMENDMENTS TO THE LAW ON TRANSPORTATION IN ROAD TRAFFIC

OF BRCKO DISTRICT OF BIH

 

Article 1

In the Law on Transportation in the Road Traffic of Brcko District of BiH (“Official Gazette of Brcko District of BiH”, No. 10/06), in Article 4, Paragraph (3), the words “the Mayor of the District (hereinafter, the Mayor)” shall be replaced by: “the District Government (hereinafter: the Government)”, and the words: “competent Department” shall be replaced by: “Department of Public Works”.

 

Article 2

In Article 5, Paragraph (2), words “the Mayor, at the proposal of the head of competent department” shall be replaced by “Department of Public Works”.

Article 3

In Article 6, Paragraph (1), the words “the Mayor” shall be replaced by “the Government”, and words “competent department” shall be replaced with “Department of Public Works”.

 

Article 4

In Article 7, Paragraph (1), the words: “the Mayor” shall be replaced by: “the Government” and the words: “competent Department” shall be replaced by: “Department of Public Works”.

 

Article 5

In Article 9, Paragraph (7), words “the Mayor” shall be replaced with “the Government”, and words, “competent department” shall be replaced with “Department of Public Works”.

 

Article 6

In Article 14, Paragraph (2): the words: “the Mayor at the proposal of the head of competent department” shall be replaced with “Head of Department of Public Works”.

 

Article 7

In Article 18, Paragraph (1) the words “the Mayor” shall be replaced by “the Government” and the words “competent Department” shall be replaced by “Department of Public Works”.

 

Article 8

In Article 21, Paragraph (2) and Article 23, the words “the Mayor” shall be replaced by “the Government” and the words “competent Department” shall be replaced by “Department of Public Works”.

 

Article 9

In Article 38, Paragraph (4), the words “the Mayor at the proposal” shall be deleted, and words “head of competent department” shall be replaced by “Head of Department of Public Works”.

 

Article 10

In Article 41, Paragraph (1), the words “the Mayor” shall be replaced by “the Government” and words “competent department” shall be replaced with “Department of Public Works”.

 

Article 11

In Article 44, Paragraph (2), the words: “the Mayor at the proposal of the head of competent department” shall be replaced with “Head of Department of Public Works”.

 

Article 12

In Article 46, Paragraph (4), the words “the Mayor” shall be replaced by “the Government” and the words “competent Department” shall be replaced by “Department of Public Works”.

 

Article 13

In Article 51, Paragraph (1), the words “the Mayor” shall be replaced by “the Government” and the words “competent Department” shall be replaced by “Department of Public Works”.

In Paragraph (3) of the same Article words “the Mayor shall be replaced with words “the Government”.

 

Article 14

In Article 56, Paragraph (5), the words “the Mayor at the proposal” shall be deleted and words “head of competent Department” shall be replaced by “Head of Department of Public Works”.

 

Article 15

In Article 61, Paragraph (3), words “competent department” shall be replaced with “head of competent department”, and words “the Mayor” shall be replaced with “the Government”.

 

Article 16

In Article 63, Paragraph (7), the words: “the Mayor, at the proposal of the head” shall be replaced with “the Head”.

 

Article 17

In Article 70, Paragraph (1) shall be amended to read:

“(1) The Government shall, in accordance with provisions of this Law, within 12 months after this Law enters into force, enact the following:

a)     Rulebook on technical and operating requirements and the manner of marking vehicles for transportation (Article 4, Paragraph 3 of this Law);

b)     Rulebook on preventive maintenancecheck of motor and trail vehicles (Article 6, Paragraph 1 of this Law);

c)      Rulebook on manner and organization of public transportation of persons and cargo (Article 7 of this Law);

d)     Rulebook on issuing certificates and licenses to drivers (Article 9, Paragraph 7 of this Law);

e)     Rulebook on criteria and the procedure of registration and certification of the timetables (Article 21, Paragraph 2 of this Law);

f)        Rulebook on terms and manner of providing taxi services (Article 51, Paragraph 1 of this Law); and

g)     Other by laws necessary for the implementation of this Law which are in the competence of the Government.

A new Paragraph (2) shall be added after the new Paragraph (1) and it shall read:

“(2) The Head of Department of Public Works shall enact the following within 12 months after this Law enters into force:

a)     Rulebook on obligatory content and manner of filling out travel order forms (Article 5, Paragraph 2 of this Law);

b)     Rulebook on manner of performing duties and tasks of crew members of a motor vehicle (Article 14, Paragraph 2);

c)      Rulebook on form, content and manner of keepingpassenger list (Article 38, Paragraph 4 of this Law);

d)     Rulebook on form, content and manner of keeping traffic logbook (Article 44, Paragraph 2 of this Law);

e)     Rulebook on issuing approvals for performing transportation for personal needs and the content and manner for keeping registry of approvals (Article 56, Paragraph 5 of this Law); and

f)        Other by laws necessary for implementation of this Law which are in the competence of the Head of Department.”

Current Paragraph (2) shall now become Paragraph (3).

 

Article 18

This Law shall become effective on the eighth day after being published in “Official Gazette of Brcko District of BiH”.

 

 

LAW ON AMENDMENTS TO THE LAW ON PRIVATIZATION OF

ENTERPRISES IN BRCKO DISTRICT OF

BOSNIA AND HERZEGOVINA

Article 1

In the Law on Privatization of Enterprises in Brcko District of Bosnia and Herzegovina (“Official Gazette of Brcko District of BiH” No. 8/04), in Article 4, Paragraph 1, at the end of the text behind the word “law”, a “comma (,)” and the words “within the Department of Economic Development, Sports and Culture (hereinafter “the competent department”) shall be added.

In Paragraph 2, Item 4 of this Article, the word “determine” shall be replaced with the words “propose to the head of the competent department”.

In Paragraph 2, Item 8 of this Article shall be amended to read as follows:

“propose the transformation of a state owned company into a joint stock company or a limited liability company to the head of the competent department.”

In Paragraph 2, Item 9 of this Article, the words “to the head of the competent department” shall be added after the word “propose”.

In Paragraph 2 of this Article, a new Item 13 shall be added to read as follows:

“13. develop bylaws in domain of privatization of enterprises enacted by the head of the competent department.”

 

Article 2

In Article 5, Paragraph 1, 2 and 3, the words “Privatization Office” shall be replaced with “the competent department”.

 

Article 3

In Article 6, Paragraph 1, at the end of the text, after the word “(hereinafter “the Mayor”)” the words “in accordance withy the Statute of Brcko District of BiH’ shall be added.

In Paragraph 2 of this Article, the word “Mayor” shall be replaced with “head of the competent department”.

 

Article 4

In Article 7, Paragraph 1 shall be amended to read as follows:

“The head of the competent department shall be accountable to the Mayor for implementing activities of the Privatization Office.”

In Article 7, Paragraph 2, the word “Office” shall be replaced with “the competent department”.

 

Article 5

In Article 9, Paragraph 3, the words “Privatization Office” shall be replaced with “the competent department”.

 

Article 6

In Article 12, Paragraphs 1 and 2, the words “Privatization Office” shall be replaced with “the competent department”.

 

Article 7

In Article 13, Paragraph 1, the word, “undergo” shall be replaced with “proposed to the head of the competent department”.

In Article 13, Paragraph 4, the words “Privatization Office” shall be replaced with “the competent department”.

 

Article 8

In Article 14, Paragraph 3, the words “Privatization Office” shall be replaced with “the head of the competent department”.

In Article 4 of this Article, the word “determine” shall be replace with “propose to the head of the competent department”.

 

Article 9

In Article 15, Paragraph 2, the words “Privatization Office” shall be replaced with “the competent department”.

In Paragraph 3 of this Article, the words “Revenue Agency” shall be replaced with “Finance Directorate”.

 

Article 10

Article 18 shall be amended to read as follows:

“Revenues gained through privatization of enterprises shall be deposited on the Single Account of the Treasury of Brcko District of BiH.”

 

Article 11

Article 21 shall be amended to read as follows:

“Every six months, the head of the competent department shall inform the Assembly of Brcko District of BiH on the process of privatization of state owned companies in Brcko District of BiH.”

 

Article 12

In Article 23, at the end of the text, a “comma (,)” and the words “until new bylaws are enacted” shall be added after the word “law”.

 

Article 13

This Law shall enter into force on the eight day following its publication in “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON SPATIAL DEVELOPMENT

Article 1

In the Law on Spatial Development of the Brcko District of BiH  (“Official Gazette of Brcko District of BiH”, No.: 9/03, 23/03, 15/04) in Article 32, Paragraph 2, Article 34, Paragraph 1, Article 35, Paragraph 5, Article 38, Paragraph 1, Article 43, Paragraph 1, Item 2, Article 56, Paragraphs 1 and 3, Article 67, Paragraph 1, Article 68, Paragraph 1, Article 70, Paragraph 2 and current paragraph 4 which shall become Paragraph 3, Article 76, Paragraph 4, Article 112, Paragraph 1, words “Department of Urban Development, Real Estate Affairs and Economic Development” in different cases shall be replaced by words “Department of Spatial Planning and Property Affairs” in appropriate cases.

 

Article 2

In Article 32, Paragraph 2, word “Mayor” shall be replaced by words “District Government”.

 

Article 3

In Article 35, Paragraph 6, word “Mayor” shall be replaced by words “Head of Department of Spatial Planning and Property Affairs”.

 

Article 4

In Article 40, Paragraph 2 shall be amended to read as follows:

“The District Government shall define the proposal of the plan that the Mayor submits to the District Assembly.”

 

Article 5

In Article 41, word “Mayor” shall be replaced by words “District Government”.

 

Article 6

In Article 43, word “Mayor” shall be replaced by words “District Government”.

 

Article 7

In Article 46, Paragraph 2, word “Mayor” shall be replaced by words “Head of Department of Spatial Planning and Property Affairs”.

 

Article 8

In Article 55, word “Mayor” shall be replaced by words “District Government, upon the proposal of the Department of Spatial Planning and Property Affairs”.

 

Article 9

In Article 64, word “Mayor” shall be replaced by words “Head of Department of Spatial Planning and Property Affairs”.

 

Article 10

In Article 74, Paragraph 4, words “Mayor’s Book of Rules” shall be replaced by words “Book of Rules of the Head of Department of Spatial Planning and Property Affairs”.

 

Article 11

In Article 76, Paragraph 5, word “Mayor” shall be replaced by words “Head of Department of Spatial Planning and Property Affairs”.

 

Article 12

In Article 110, Paragraph 2, word “Mayor” shall be replaced by words “Head of Department of Public Safety”.

 

Article 13

Article 113, Paragraph 2 shall be amended to read as follows:

“The heads of competent departments shall prescribe, in more detail, requirements and procedure for issuing of individual authorizations referred to in the previous Paragraph”.

 

Article 14

In Article 127, Paragraph 1, Item 10, word “Mayor” shall be replaced by words “head of competent department”.

 

Article 15

This Law shall become effective eight days after being published in the “Official Gazette of Brcko District of BiH”.

 

 

L A W

ON AMENDMENTS TO THE LAW ON ROADS

OF BRCKO DISTRICT OF BIH

Article 1

In the Law on Roads of Brcko District of BiH (“Official Gazette of Brcko District of BiH”, No. 43/04) in Article 13 the words “special Decision” shall be replaced by: “special Decisions” and the words: “Brcko District of BiH Government” shall be replaced by: “Department of Public Works”.

 

Article 2

In Article 17, Paragraph 2 and Article 20, Paragraph 1 the words “Department of Urban Development, Real Estate Affairs and Economic Development” shall be replaced by “Department of Spatial Planning and Property Affairs”.

 

Article 3

In Article 29, the words “The Mayor” shall be replaced by “The Government of Brcko District of BiH” and words “of Public Works” shall be added after the word “Department”.

 

Article 4

In Article 45, Paragraph 2 the words “Department of Urban Development, Real Estate Affairs and Economic Development” shall be replaced by “Department of Spatial Planning and Property Affairs”.

 

Article 5

In Article 49, words “the Mayor of Brcko District of BiH” shall be replaced with “the Government of Brcko District of BiH”.

 

Article 6

In Article 50, the words “the Mayor” shall be replaced by “the Government of Brcko District of BiH at the proposal of the Department of Public Works”.

 

Article 7

In Article 51, Paragraph 1, the words “the Mayor” shall be replaced by: “the Government of Brcko District of BiH”.

 

Article 8

In Article 69, Paragraph 1, words “the Mayor shall” shall be replaced with “the Government of Brcko District of BiH shall”.

 

Article 9

This Law shall become effective on the eighth day from its publishing in “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON ACCOUNTING AND AUDIT IN BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

Article 1

In the Law on Accounting and Audit in Brcko District of Bosnia and Herzegovina (“Official Gazette of Brcko District of BiH”, No. 6/06), hereinafter: (of this Law) in Article 1, the words “Mayor, at the proposal of the Department of Budget and Finance” shall be replaced with the words “Government of Brcko District of BiH (hereinafter: the Government), at the proposal of the Finance Directorate of Brcko District of BiH (hereinafter: the Directorate)”.

Article 2

Hereinafter, the words “Department of Budget and Finance” in different cases shall be replaced with the words “the Directorate” in appropriate case.

 

Article 3

Title of Chapter IV is hereby amended to read as follows:

“COMPETENCE OF THE GOVERNMENT, DIRECTORATE AND PROFESSIONAL BODY”.

 

Article 4

In Article 6, Paragraph 2, Item c) and Article 13, Paragraph 4, the words “of the Director” shall be added following the word “proposal”.

Article 5

In Article 13, Paragraph 5, the word “Mayor” shall be replaced with the word “Government”, and the words “of the Director” shall be added following the word “proposal”.

 

Article 7

In Article 16, Paragraphs 1, 2 and 3 the words “of the Director” shall be added following the word “proposal”.

 

Article 8

In Article 17,  Paragraph 1, the words “the Mayor” shall be replaced with the words “the Government”, and the words “of the Director” shall be added following the word “proposal”.

 

Article 9

This Law shall become effective on the eighth day upon its publishing in “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LABOR LAW OF BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

Article 1

In the Labor Law of Brcko District of Bosnia and Herzegovina – edited text (“Official Gazette of Brcko District of BiH”, No. 19/06), in Article 112, words “to the District Revenue Agency” shall be replaced by words “to the District Finance Directorate”.

 

Article 2

This Law shall take effect eight days after being published in the “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW

ON REGISTER OF LAND AND RIGHTS TO LAND

Article 1

In the Law on Register of Land and Rights to Land (“Official Gazette of Brcko District of BiH, No. 11/01, 1/03, 14/03), in Article 120, Paragraph (7), words “of the District Finance Directorate” shall be added after the word “administration”.

 

Article 2

In Article 168, word “Mayor” shall be replaced by words “Government of Brcko District of Bosnia and Herzegovina (hereinafter: the Government)”.

 

Article 3

In Article 170, Paragraph (1), word “Mayor” shall be replaced by words “Government, upon the proposal of the Head of Department of Public Records”.

 

Article 4

In Article 171, Paragraph (2), word “Mayor” shall be replaced by words “Head of Department of Public Records”.

 

Article 5

In Article 185, Paragraph (3), words “upon the Mayor’s proposal previously approved by the Government” shall be added after the word “Assembly”, while the rest of the text shall be deleted.

 

Article 6

In Article 187, words “previously approved by the Government” shall be added after words “Mayor’s”.

 

Article 7

In Article 188, words “previously approved by the Government” shall be added after the word “Mayor”.

 

Article 8

In Article 189, Paragraph (2), word “Mayor” shall be replaced by word “Government”.

 

Article 9

In Article 195, Paragraph (3), word “Mayor” shall be replaced by words “Head of Department of Public Records”.

 

Article 10

In Article 198, Paragraph (1), word “Mayor” shall be replaced by words “Head of Department of Public Records”.

 

Article 11

In Article 205, Paragraphs (1) and (2), word “Mayor” shall be replaced by words “Head of Department of Public Records”.

 

Article 12

In Article 215, Paragraph (4), word “Mayor” shall be replaced by word “Government”.

 

Article 13

In Article 217, Paragraph (1), word “Mayor” shall be replaced by words “Head of Department of Public Records”.

 

Article 14

In Article 218, Paragraphs (1) and (3), word “Mayor” shall be replaced by words “Head of Department of Public Records”.

 

Article 15

In Article 219, Paragraph (1), words “propose to the Mayor to pass” shall be replaced by word “enact”.

In Paragraph (2) of the same Article, word “Mayor” shall be replaced by words “Head of Department of Public Records”.

 

Article 16

In Article 224, Paragraph (2), word “Mayor” shall be replaced by words “Head of Department of Public Records”.

In Paragraph (3) of the same Article, word “Mayor” shall be replaced by words “Department of Public Records”, and in further text words “the Department of Public Records” shall be deleted.

 

Article 17

This Law shall become effective eight days upon being published in the “Official Gazette of Brcko District of BiH”.

 

 

L A W

ON AMENDMENTS TO THE LAW ON FRESHWATER FISHING OF BRCKO DISTRICT OF BIH

Article 1

In the Law on Freshwater Fishing of Brcko District of BiH (“Official Gazette of Brcko District of BiH”, no. 35/05) in Article 3, Paragraph (5) the word ”Mayor”, shall be replaced with words “Government of Brcko District of BiH (hereinafter the Government)”.

 

Article 2

In Article 4, Paragraph (3) the word “Mayor” shall be replaced with the word “Government”, ”1” shall be deleted and words “Department of Urban Development, Real Estate Affairs and Economic Development” shall be replaced with words “Department of Spatial Planning and Property Affairs”.

In Paragraph (4) of the same Article the word ”Mayor” shall be replaced with the word “Government”.

 

Article 3

In Article 5, Paragraph (3) words “Mayor at the proposal of the Head of Department” shall be replaced with words “Head of Department”.

In Paragraph (4) of the same Article words “ submission of proposal” shall be replaced with words “enacting the decision referred to in previous Paragraph”.

Article 4

In Article 6, Paragraph (4) words “Mayor at the proposal of the Head of Department” shall be replaced with words “Head of Department”.

 

Article 5

In Article 8, Paragraph (3), the word “Mayor” shall be replaced with the word “Government”. In Paragraph (4) of the same Article words “Mayor, at the proposal of the Head of Department” shall be replaced with words “Head of Department” and words “submission of proposal” shall be replaced with “enacting the decision”.

 

Article 6

In Article 10 Paragraph (3) words “Mayor, at the proposal of the Head of Department” shall be replaced with words “Head of Department”.

In paragraph (6) of the same Article the word “Mayor” shall be replaced with the word “Government”.

 

Article 7

In Article 12, paragraph (2) words “Mayor, at the proposal of the Head of Department” shall be replaced with words “Head of Department”.

 

Article 8

Article 14 shall be amended to read “The amount of fee for commercial fishing shall be stipulated by the Government, and the requirements and manner of commercial fishing, purpose, type and the amount of tools and equipment allowed to be used in commercial fishing shall be stipulated by the Head of Department”.

 

Article 9

In Article 15, Paragraphs (1) words “Mayor at the proposal of the Head of Department” shall be replaced with words “Head of Department”.

In Paragraph (2) of the same Article words “Submission of proposal” shall be replaced with words “enacting the programme”.

In Paragraphs (6) and  (8) of the same Article words “Mayor, at the proposal of the Head of Department” shall be replaced with words “Head of Department”.

 

Article 10

In Article 16, Paragraphs (2) and (4) the word “Mayor” shall be replaced with the word “Government”.

 

Article 11

In Article 19, Paragraph (1) words “Mayor at the proposal of the Head of Department” shall be replaced with words “Head of Department”.

In Paragraph (2) of the same Article words “submission of proposal” shall be replaced with words “enacting the programme” and words “Department of Urban Development, Real Estate Affairs and Economic Development” shall be replaced with words “Department of Economic Development, Sports and Culture”.

In Paragraphs (6) and  (8) of the same Article words “Mayor, at the proposal of the Head of Department” shall be replaced with words “Head of Department”.

 

Article 12

In Article 20, Paragraph (2) the word “Mayor” shall be replaced with the word “Government”.

Article 13

In Article 23, words “Mayor, at the proposal of the Head of Department” shall be replaced with words “Head of Department”.

 

Article 14

In Article 24, Paragraph (3) the word “Mayor” shall be replaced with the word “Government”.

Article 15

In Article 31, Paragraph (7) the word “Mayor” shall be replaced with the word “Government”.

Article 16

In Article 32, Paragraphs (2),  (3) and  (4) shall be deleted.

 

Article 17

In Article 33, Paragraph (4) the words “Mayor, at the proposal of the Head of Department” shall be replaced with the words “Head of Department”.

In the same Article Paragraph (5) shall be added to read “Annual plan shall be confirmed by the Government”.

 

Article 18

In Article 35, Paragraph (5) the words “Mayor, at the proposal of the Head of Department” shall be replaced with words “Head of Department”.

 

Article 19

In Article 38, Paragraph (2) words “Mayor, at the proposal of the Head of Department” shall be replaced with words “Head of Department”.

 

Article 20

In Article 40, Paragraphs (1) and (6) the word “Mayor” shall be replaced with the word “Government”.

In Paragraph (2) of the same Article, the words “Department of Urban Development, Real Estate Affairs and Economic Development” shall be replaced with words “Department of Economic Development, Sports and Culture”.

In Paragraph (8) of the same Article the words “Mayor, at the proposal of the Head of Department” shall be replaced with words “Head of Department”.

 

Article 21

In Article 41, Paragraph (2), word “Mayor” shall be replaced with the word “Government”.

Article 22

In Article 44, Paragraph (2) Item 4, words “Department of Urban Development, Real Estate Affairs and Economic Development” shall be replaced with words “Department of Spatial Planning and Property Affairs”.

In Paragraph (3) of the same Article words “Mayor, at the proposal of the Head of Department” shall be replaced with words “Head of Department”.

 

Article 23

In Article 46, Paragraph (2) words “Mayor, at the proposal of the Head of Department” shall be replaced with words “Head of Department”.

 

Article 24

In Article 49, Paragraphs (1), (6) and (8) words “Mayor at the proposal of the Head of Department” shall be replaced with words “Head of Department”.

In Paragraph (2) of the same Article words “Department of Urban Development, Real Estate Affairs and Economic Development” shall be replaced with words “Department of Economic Development, Sports and Culture”.

Article 25

In Article 50, Paragraphs (2) and (4) the word “Mayor” shall be replaced with the word “Government”.

 

Article 26

In Article 52, Paragraphs (1) and (2) words “Mayor at the proposal of the Head of Department shall be replaced with words “Head of Department”.

 

Article 27

In Article 57, Paragraph (1) words “Mayor at the proposal of the Head of Department” shall be replaced with words “Head of Department”.

Paragraph (2) of the same Article shall be deleted and Paragraph (3) shall become Paragraph (2).

 

Article 28

In Article 59, Paragraph (2) words “Mayor at the proposal of the Head of Department” shall be replaced with words “Head of Department”.

 

Article 29

In Article 60, Paragraph (2) the word “Mayor” shall be replaced with the word “Government”.

Article 30

In Article 61, Paragraph (3) the word “Mayor” shall be replaced with the word “Government”.

 

Article 31

In Article 62, Paragraph (4) “Mayor, at the proposal of the Head of Department” shall be replaced with words “Head of Department”.

 

Article 32

In Article 63, Paragraph (4) the word “Mayor” shall be replaced with words “Head of Department”.

In Paragraph (6) of the same Article the word “Mayor” shall be replaced with the word “Government”.

 

Article 33

Article 82 shall be amended to read

“(1) Pursuant to this Law within a year from the day this law enters into force the Government shall enact the following bylaws:

1.      on borders of fishing areas and fishing zones (Article 4, Paragraph 3 of this Law),

2.      on the manner of drafting economic basis and its implementation (Article 31, Paragraph 7 of this Law)

3.      on determining compensation for the damage caused (Article 60, Paragraph 2 of this Law

4.      On the amount of commercial fishing fee(Article 61, Paragraph 3, Item 1 of this Law)

5.      on the form, contents and the amount of fee for permits for members of the recreational-sport fishing Association (Article 61, Paragraph 3, Item 2 of this Law)

(2) Pursuant to this Law, within a year from the day this law enters into force Head of Department shall enact the following bylaws:

1.      on the form, contents and the manner of keeping cadastres of fishing areas and fishing zones (Article 6, Paragraph 4 of this law)

2.      on the manner, tools and resources for fishing (Article 8, Paragraph 4 of this Law)

3.      on the form, content and the manner of keeping the registry of issued approvals for commercial fishing (Article 12, Paragraph 2 of this Law)

4.      on the programme and manner of taking commercial fishing exam (Article 15, Paragraph 1 of this Law)

5.      on the form, content and the manner of keeping registry of issued certificates on passed commercial fishing exam (Article 15, Paragraph 8 of this law)

6.      on the programme and manner of taking recreational-sport fishing exam (Article 19, Paragraph 1 of this Law)

7.      on the form and the manner of issuance of certificates on passed recreational-sport fishing exam (Article 19, Paragraphs 4 and 6 of this Law)

8.      on the form, content and the method of keeping the records on issued certificates on passed fishing exam (Article 19, Paragraph 8 of this Law),

9.      on the method of performing the fish-keeping service ( Article 35, Paragraph 5 of this Law),

10.on the form and contents of fish-keeper’s identification card and the badge (Article 38, Paragraph 2 of this Law)

11.on the programme and manner of taking fish-keeping exam (Article 40, Paragraph 1 of this Law)

12.on the form, contents and the manner of issuance of certificates on passed fish-keeping exam (Article 40, Paragraphs 4 and 6 of this Law)

13.on the form, contents and the manner of keeping registry on issued certificates on passed fish-keeping exam (Article 40, Paragraph 8 of this Law)

14.on protection of fish (Article 57, Paragraph 1 of this Law)

 

Article 34

This law shall enter into force on the eighth day of its publishing in ”the Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON SOCIAL WELFARE

OF BRCKO DISTRICT

Article 1

In the Law on Social Welfare of Brcko District (“Official Gazette of Brcko District of BiH”, No. 1/03, 4/04) in Article 11, the word in the parentheses “the Mayor” shall be replaced by words “the Department of Health and Other Services”

 

Article 2

In Article 29, Paragraph 3, word “the Mayor” shall be replaced by words “the Head of Department of Health and Other Services (hereinafter: the Head of Department)”.

 

Article 3

In Article 45, words “The Mayor” shall be replaced by words “the Head of Department”

 

Article 4

In Article 58, Paragraph 4, words “the Mayor” shall be replaced by words “the Head of Department”.

 

Article 5

In Article 62, words “the Mayor” shall be replaced by words “the Head of Department”.

 

Article 6

In Article 63, Paragraph 3, words “the Mayor” shall be replaced by words “the Head of Department”.

 

Article 7

In Article 65, Paragraph 1, words “the Mayor” in various cases shall be replaced by words “the Head of Department” in respective cases after the words “enactment of” and the word “property”.

 

Article 8

This Law shall take effect eight days after being published in the “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW

ON SETTLING THE LIABILITIES PER OLD FOREIGN CURRENCY SAVINGS

 

Article 1

In the Law on Settling the Liabilities per Old Foreign Currency Savings (“Official Gazette of Brcko District of BiH”, No. 27/04) in Article 2, Paragraph 1, Item 1, the word  “Mayor” shall be replaced with the words “Goverment of Brcko District of BiH (hereinafter: the Government)” and the words “Revenue Agency” shal be replaced with the words “Finance Directorate (hereinafter: the Directorate)”.

 

Article 2

In Article 3, Paragraph 2, the words “the Mayor” shall be replaced with the words “the Government” and the words “Revenue Agency” shall be replaced with the words:  “the Directorate”.

 

Article 3

In Article 5, Paragraphs 1, the words “Revenue Agency” shall be replaced with the words “the Directorate”.

In Paragraph 2 of this Article, the words “Revenue Agency” shall be replaced with the words “the Directorate”.

 

Article 4

This Law shall become effective on the eighth day upon its publishing in “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON COURT POLICE OF BRCKO DISTRICT OF BIH

 

Article1

In the Law on Court Police of Brcko District of BiH (“Official Gazette of Brcko District of BiH”, No. 42/04), in Article 6, words “Public Prosecutor” shall be replaced with words “Chief Prosecutor”, and words “Public Prosecutor’s Office” shall be replaced with words “Prosecutor’s Office”.

 

Article 2

This law shall enter into force on the eighth day of its publishing in” the Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON CONFLICT OF INTEREST IN THE INSTITUTIONS OF BRCKO DISTRICT OF BIH

Article 1

In the Law on Conflict of Interest in the Institutions of Brcko District of BiH (“Official Gazette of Brcko District of BiH”, No. 2/03), after the words “elected officials and executive office holders,” the words “and advisors” shall be added in the entire text of the law.

 

Article 2

In Article 3, Item d), the words “Deputy Mayor” shall be added after the word “Mayor,” and “comma (,)” and the words “chief coordinator, advisors” shall be added after the words “Government of Brcko District”.

After the Item d) of this Article, a new Item e) shall be added to read as follows:

“e) Advisors shall refer to the advisors to elected officials and executive office holders as prescribed by the Law on Civil Service in Administrative Bodies of Brcko District of Bosnia and Herzegovina.”

The present Items e), f), g), h) and i) shall become f), g), h), i) and j).

 

Article 3

In Article 14, Paragraph 4, the words “Revenue Agency” shall be replaced with “Finance Directorate of Brcko District”.

 

Article 4

In Article 16, Paragraph 1, the words “competent Tax Administration of Brcko District of BiH” shall be replaced with “Finance Directorate of the Brcko District”.

 

Article 5

In Article 20, paragraph 3, the words “civil service” shall be replaced with “public service”.

 

Article 6

This Law shall enter into force on the eight day following its publication in ”Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON TREASURY

OF BRCKO DISTRICT OF BiH

Article 1

In the Law on Treasury of Brcko District of BiH (“Official Gazette of Brcko District of BiH”, No. 3/07) in Article 1, words “of Brcko District of BiH (hereinafter: the Treasury)” shall be deleted.

 

Article 2

In Article 2, Items a) and b) shall be deleted, and Items c), d), e), f) g), h), i), j), k), l), m) shall become Items a), b), c), d), e), f), g), h), i), j), k).

 

Article 3

In Article 3, words “(hereinafter: the Directorate)” shall be added before the comma, and words in quotation marks “of Brcko District of BiH (hereinafter: the Treasury)” shall be deleted.

 

Article 4

In Article 6, Paragraph (5) shall be deleted.

 

Article 5

In Article 12, Paragraph (4), words “and the Mayor” shall be deleted.

 

Article 6

In Article 13, Paragraph (3) shall be amended to read as follows:

“(3) The Director of the Finance Directorate shall, at the proposal of the Treasury Director, enact the Rulebook on the Mode of Calculation and Payment of Salaries for Budgetary Users.”

 

Article 7

In Article 15, Paragraph (1), words “be responsible for preparing and publishing financial reports” shall be replaced with words “be responsible for preparing financial reports”.

 

Article 8

In Article 16, Paragraph (3), words “with previous consent of the Director” shall be replaced with words “the Director”, and “comma (,)” and words “the Mayor” shall be deleted.

 

Article 9

In Article 21, Paragraph 4, words “with previous consent of the Director” shall be replaced with words “the Director”, and “comma (,)” and words “the Mayor” shall be deleted.

 

Article 10

In Article 26, Paragraph (2), words “Mayor, at the proposal of the Director” shall be replaced with word “Director”.

In Paragraph (4) of this Article, words “with previous consent of the Director” shall be replaced with words “the Director”, and “comma (,)” and words “the Mayor” shall be deleted.

 

Article 11

In Article 33, Paragraph (1), words “the Mayor” shall be replaced with words “the Director of the Finance Directorate”, Item a) shall be deleted, and Items b), c), d), e), f), g), h), i), j), k) shall become Items a), b), c), d), e), f), g), h), i), j).

Items k) and l) shall be added after the new Item j), and they shall read as follows:

“k) Instruction for Budgetary Users on the Mode of Preparing and Framework Amounts of Quarterly Financial Plans (Article 8, Paragraph 4),

l) Instruction on Preparing and Drafting Additional Financial Reports of the Treasury (Article 15, Paragraph 4).”

Paragraph (2) of this Article shall be deleted, and current Paragraph (3) shall become Paragraph (2).

 

Article 12

This Law shall become effective eight days after being published in the “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON TRADE

Article 1

In the Law on Trade (“Official Gazette of Brcko District of BiH”, No. 40/04) in Article 4, Paragraph 8 and Article 8, Paragraph 2, the words “competent for trade” shall be replaced with “of Economic Development, Sports and Culture”.

 

Article 2

In Article 10, Paragraph 2, the words “Urban Development, Real Estate Affairs and Economic Development” shall be replaced with “Spatial Planning and Property Affairs”.

 

Article 3

In Article 15, Paragraph 8, the words “competent for trade” shall be replaced with “of Economic Development, Sports and Culture”.

 

Article 4

In Article 18, Paragraph 3, the words “competent for trade” shall be replaced with “of Economic Development, Sports and Culture”.

 

Article 5

In Article 24, Paragraph 7, the words “competent department” shall be replaced with “of Economic Development, Sports and Culture”.

 

Article 6

In Article 35, Paragraph 1, the word “the Mayor” shall be replaced with “the Head of the Department of Economic Development, Sports and Culture”.

 

 

LAW ON AMENDMENTS TO THE LAW ON TOURISM ACTIVITY OF BRCKO DISTRICT OF BiH

Article 1

In the Law on Tourism Activity of Brcko District of BiH (“Official Gazette of Brcko District of BiH”, No. 3/06), in Article 3, Paragraph (1), the words “the competent body” shall be replaced with “the Department of Public Safety”.

 

Article 2

In Article 4, Paragraph (2), the words “Mayor, at the proposal of the head of the competent department” shall be replaced with “the Head of the Department of Economic Development, Sports and Culture shall (hereinafter “the head of the competent department”)”.

 

Article 3

In Articles 16, Paragraph (2), the words “Mayor, at the proposal of the head of the competent department” shall be replaced with “the head of the competent department”.

 

Article 4

In Article 19, Paragraph (2), the words “the competent department” shall be replaced with “the Department of Administrative Support”.

 

Article 5

In Article 22, Paragraph (1), the words “Mayor, at the proposal of the head of the competent department “shall be replaced with “the head of competent department ”.

 

Article 6

In Article 23, Paragraph (2), the words “the competent department of Brcko District of BiH” shall be replaced with “the Department of Economic Development, Sports and Culture (hereinafter “the competent department”).

 

Article 7

In Article 27, Paragraph (1), the words “Mayor, at the proposal of the head of the competent department” shall be replaced with “the head of the competent department”.

 

Article 8

In Article 28, Paragraph (2), the words “Mayor, at the proposal of the head” shall be replaced with “the head”.

 

Article 9

In Article 29, Paragraph (3), the words “Mayor, at the proposal of the head of the competent department“ shall be replaced with “the head of the competent department”.

 

Article 10

In Article 32, the words “Tax Administration of Brcko District of BiH” shall be replaced with “Finance Directorate of Brcko District of BiH (hereinafter “the Finance Directorate”).

 

Article 11

In Article 33, Paragraph (2) and Article 37, Paragraph (1), the words “Mayor, at the proposal of the head” shall be replaced with “the head”.

 

Article 12

In Article 41, Paragraph (1), the words “Mayor, at the proposal of the head of the competent department” shall be replaced with “the head of the competent department”.

 

Article 13

In Article 45, paragraph (3), the words “the Mayor, at the proposal of the head” shall be replaced with “the head”.

 

Article 14

In Article 46, paragraph (3), the words “Mayor, at the proposal of the head of the competent department” shall be replaced with “the head of the competent department”.

 

Article 15

In Article 49, Paragraph (2), the words “Mayor, at the proposal of the head” shall be replaced with “the head”.

 

Article 16

In Article 50, Paragraph (3), the words “Mayor, at the proposal of the head of the competent department“ shall be replaced with “the head of the competent department”.

In Paragraph (4) of this Article, the words “the competent department of the Government of Brcko District of BiH” shall be replaced with “the Government of Brcko District of BiH”.

 

Article 17

In Article 51, Paragraph (2), the words “Mayor, at the proposal of the head of the competent Department” shall be replaced with “the head of the competent department”.

 

Article 18

In Article 52, Paragraph (1), the words “shall obtain approval of the Government of Brcko District of BiH” shall be replaced with “in nautical tourism the approval of the Department of Public Safety shall be obtained”.

 

Article 19

In Article 54, Paragraph (1), the words “the competent department” shall be replaced with “the Department of Public Safety”.

In Paragraph (2) of this Article, the words “Mayor, at the proposal of the head of the competent department” shall be replaced with “the Head of the Department of Public Safety”.

 

Article 20

In Article 55, Paragraph (1), Item a), the words “the competent department” shall be replaced with “the Department of Public Safety”.

In Paragraph (2) of the same Article, the words “the competent department shall enact a separate decision and submit it to the Tax Administration of the Government of Brcko District of BiH” shall be replaced with “the Department of Public Safety shall enact a separate decision and submit it to the Finance Directorate”.

 

Article 21

In Article 56, paragraph (2), the words “Mayor, at the proposal of the head of the competent department” shall be replaced with “the head of the competent department”.

Article 22

In Article 57, Paragraph (3), the words “Mayor may, at the proposal of the head of the competent department” shall be replaced with “the Government of Brcko District of BiH may”.

 

Article 23

In Article 58, Paragraph (1), the words “the competent department of the Government of Brcko District of BiH” shall be replaced with “the Department of Public Safety”.

 

Article 24

In Article 63, Paragraph (1), the words “the competent department” shall be replaced with “the Department of Public Safety”.

 

Article 25

In Article 74, Paragraph (2), the words “the competent department” shall be replaced with “the Department of Public Safety and the Department of Economic Development, Sports and Culture, within their respective competencies”.

 

Article 26

This Law shall enter into force on the eight day following its publication in “Official Gazette of Brcko District of BiH”.

 

 

 

 

LAW

ON AMENDEMENTS TO THE LAW

ON ASSOCIATIONS AND FOUNDATIONS OF BRCKO DISTRICT

Article 1

In the Law on Associations and Foundations of Brcko District (“Official Gazette of Brcko District of BiH” No. 12/02) in Article 6, words “Law on the Executive Authority of the Brcko District” shall be replaced by words “Law on Public Administration of Brcko District of Bosnia and Herzegovina”.

Article 2

In Article 20, Paragraph 1, Item d), word “Mayor” shall be replaced by word “Government”.

 

Article 3

In Article 48, Paragraphs 1 and 2, word “Mayor” shall be replaced by word “Government”.

 

Article 4

This Law shall enter into force on the eighth day of its publishing in the “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON CATERING BUSINESS

OF BRCKO DISTRICT OF BiH

Article 1

In the Law on Catering Business of Brcko District of BiH (″Official Gazette of Brcko District of BiH″, No. 31/05) in Article 4, Paragraph (4), the words “Mayor, at the proposal of the head of the department competent for catering″ shall be replaced with ″the Head of the Department of Economic Development, Sports and Culture shall″.

 

Article 2

In Article 4, Paragraph (6), the words ″Mayor, at the proposal of the head of the competent department″ shall be replaced with ″the Head of the competent department″.

 

Article 3

In Article 8, Paragraph (3) the words ″Tax Administration of Brcko District of BiH” shall be replaced with ″District Finance Directorate of Brcko District of BiH (hereinafter “the Finance Directorate”)″.

 

Article 4

In Article 9, Paragraph (1), the words ″the Mayor approved by″ shall be inserted after the words ″proposal of″.

 

Article 5

In Article 10, Paragraph (3), the words ″Mayor, at the proposal of the head of the department competent for catering″ shall be replaced with ″Head of the Department for Economic Development, Sports and Culture″.

In Paragraph (5) of this Article, the words ″approved by the Government″ shall be inserted after the word ″proposal″.

 

Article 6

In Article 12, Paragraph (5), the words ″the department competent for urban development” shall be replaced with ″the Department of Spatial Planning and Property Affairs″.

In Paragraph (7) of this Article, the word “Mayor” shall be replaced with “the Head of the Department of Economic Development, Sports and Culture”.

 

Article 7

In Article 13, Paragraph (3), the word ″Mayor″ shall be replaced with the word ″Government″ and the words ″competent for catering″ shall be replaced with ″for Economic Development, Sports and Culture″.

 

Article 8

In Article 15, Paragraph (4) and Article 16, Paragraph (1), the words ″Mayor, at the proposal of the head of the department competent for catering″ shall be replaced with ″the Head of the Department for Economic Development, Sports and Culture″.

 

Article 9

In Article 26, Paragraph (2) and Article 30, Paragraph (2), the words ″Mayor, at the proposal of the head of the competent department″ shall be replaced with ″the head of the competent department″.

 

Article 10

In Article 33, Paragraph (4), the words “competent of urban development″ shall be replaced with ″for Spatial Planning and Property Affairs″.

In Paragraph (5) of this Article, the words ″Mayor, at the proposal of the head of the department competent for catering″ shall be replaced with ″the Head of the Department of Economic Development, Sports and Culture″.

 

Article 11

In Article 36, Paragraph (2) and Article 38, Paragraph (3), the words ″Mayor, at the proposal of the head of the department competent for catering″ shall be replaced with ″the Head of Department of Economic Development, Sports and Culture″.

 

Article 12

In Article 41, Paragraph (5), the words ″Tax Administration″ shall be replaced with ″Finance Directorate″.

 

Article 13

In Article 43, Paragraph (2), the words ″Mayor, at the proposal of the head of the competent department″ shall be replaced with ″the head of the competent department″.

Article 14

In Article 44, Paragraph (2), the words “Tax Administration” shall be replaced with “Finance Directorate”.

 

Article 15

In Article 45, Paragraphs (3) and Paragraph (5), the word “Mayor” shall be replaced with “Government” and the words “competent for catering” shall be replaced with “for Economic Development, Sports and Culture”.

 

Article 16

In Article 46, Paragraph (3), the words “Mayor, at the proposal of the head of the competent department” shall be replaced with “the head of the competent department”.

 

Article 17

In Article 55, Paragraph (1), Item 1 and Article 56, Paragraph (1), Item 4, the words “department competent for urban development” shall be replaced with “the Department of Spatial Planning and Property Affairs”.

 

Article 18

In Article 64, the word “Mayor” shall be replaced with “the Government, that is, the head of the competent department”.

 

Article 17

This Law shall enter into force on the eight day of its publication in “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON DOMESTIC DEBT

OF BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

Article 1

In the Law on Domestic Debt of Brcko District of BiH (“Official Gazette of Brcko District of BiH”, No. 27/04) in the whole text words “Revenue Agency”, in different cases, shall be replaced with words “Finance Directorate”, in corresponding cases.

 

Article 2

In Article 4, Paragraph (2) words “The Government” shall be replaced with words “With prior consent of the Government, the Mayor”.

 

Article 3

This Law shall become effective eight days after being published in the “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON LITTER MANAGEMENT

Article 1

In the Law on Litter Management (“Official Gazette of Brcko District of BiH”, No. 25/04 and 1/05) in Article 4, Line 7, words “the Mayor” shall be replaced by words “the Government of Brcko District of BiH (hereinafter: the Government)”.

In Lines 9 and 10 of the same Article, words “the Mayor” shall be replaced with “the Government”.

 

Article 2

In Article 8, Paragraph 1, words “previously approved by the Government” shall be added after words “the Mayor”.

In Paragraph 7 of the same Article, words “the Mayor” shall be replaced with “the Government”.

 

Article 3

In Article 9, words “the Mayor” shall be replaced by “the Government”.

 

Article 4

In Article 24, Paragraph 2, words “enacted by the Head of Department” shall be added after the word “document”.

 

Article 5

In Article 31, Paragraph 4, words “the Mayor” shall be replaced by words “the Government”.

Article 6

In Article 35, words “the Mayor” shall be replaced by words “the Government”.

 

Article 7

In Article 36, words “enacted by the Government” shall be added after the word “document”.

 

Article 8

In Article 50, Paragraphs 1, words “the Mayor shall, at the proposal of the competent department” shall be replaced by words “the head of the competent department shall”.

 

Article 9

In Article 54, Paragraph 2, Line 5, words “the Mayor” shall be replaced with “the Government”.

 

Article 10

In Article 55, Paragraph 1, words “the Mayor” shall be replaced with “the Government”.

In Paragraph 2 of the same Article words “the Mayor” shall be replaced with “the Government”.

 

Article 11

In Article 60, Paragraph 3, words “and Other Services” shall be added after the words “of Health”.

In Paragraph 4 of the same Article, words “traffic” shall be replaced with “public works”.

In Paragraph 5 of the same Article, words “Urban Development” shall be replaced by words “Spatial Planning and Property Affairs”.

 

Article 12

This Law shall enter into force eight days after being published in the “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON ADMINISTRATIVE PROCEDURE OF BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

 

Article 1

In the Law on Administrative Procedure of Brcko District of Bosnia and Herzegovina (“Official Gazette of Brcko District of BiH”, no 3/00, 5/00, 9/02, 8/03, 8/04, 25/05, 8/07, 10/07) in Article 44, Paragraph (2), the word “public” shall be replaced with “chief”.

 

Article 2

In Article 104 words “the Mayor” shall be replaced with “District Government”.

 

Article 3

In Article 209, Paragraph (3), “comma (,)” and words “District Government” shall be added after the word “District”.

 

Article 4

This Law shall enter into force eight days after being published in the “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON WINE AND BRANDY

OF BRCKO DISTRICT OF BiH

Article 1

In the Law on Wine and Brandy of Brcko District of BiH (“Official Gazette of Brcko District of BiH”, No. 35/05) in Article 32, the words “Mayor, at the proposal of” shall be replaced with “the Head”.

 

Article 2

This Law shall enter into force on the eight day following its publication in “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON OWNERSHIP AND OTHER PROPERTY RIGHTS

Article 1

In the Law on Ownership and Other Property Rights (Official Gazette of Brcko District of BiH No 11/01, 8/03 and 40/04) the following shall be amended:

In Article 15, Paragraph (2), words “the Mayor” shall be replaced with “Office for Public Property of the District” and remainder of the text in Paragraph (2) shall be deleted.

 

Article 2

In Article 20, Paragraph (1), words “the Mayor” shall be replaced with “Office for Public Property of the District”

 

Article 3

In Article 201, Paragraph (2), words “District Government” shall be replaced with “Office for Public Property of the District”

 

Article 4

This Law shall become effective eight days upon publishing in the “Official Gazette of Brcko District of BiH”.

 

 

L A W

ON AMENDMENTS TO THE LAW ON EMPLOYMENT AND RIGHTS DURING UNEMPLOYMENT

 

Article 1

In the Law on Employment and Rights During Unemployment of Brcko District of BiH (“Official Gazette of Brcko District of BiH no: 33/04) in Article 15, Paragraph 1, the word: “”Mayor” shall be replaced with the word: “Government”.

In Paragraph 3 of the same Article words “Mayor shall” shall be replaced with words ”Government shall”.

 

Article 2

In Article 53, Paragraph 1 the word ”Mayor” shall be replaced with words “Head of Department of Administrative Support”.

In Paragraph 2 of the same Article the word ”Mayor” shall be replaced with words “Head of Department of Administrative Support”.

 

Article 3

In Article 54, Paragraph 2, the word “Mayor” shall be replaced with the word “Government”.

Article 4

In Article 56, Paragraph 5, the word “Mayor” shall be replaced with words “Head of Department of Administrative Support, at the proposal of the Bureau’s Director”.

 

Article 5

This Law shall enter into force on the eighth day of its publishing in the “Official gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON PROTECTION AGAINST FIRE

OF BRCKO DISTRICT OF BiH

Article 1

In the Law on Protection Against Fire of Brcko District of BiH (“Official Gazette of Brcko District of BiH”, No. 9/06) in the title of Article 5, words “the Mayor” shall be replaced by words “the Government”.

In Article 5, words “the Mayor” shall be replaced by words “the Government”.

 

Article 2

In Article 6, Paragraph (1), “comma (,)” and words “adopted by the Government” shall be added after words “the Mayor”.

 

Article 3

In Article 7, Paragraph (2), words “the Mayor” shall be replaced by word “the Government”.

 

Article 4

In Article 8, Paragraph (2), “comma (,)” and words “adopted by the Government” shall be added after words “the Mayor”.

In Paragraph (3) of this Article, words “the Mayor” shall be replaced by words “the Government”.

In Paragraph (5) of this Article, words “the Mayor” shall be replaced by words “the Government of Brcko District of BiH”.

 

Article 5

In Article 19, Paragraph (2), words “the Mayor” shall be replaced by words “the Government”.

In Paragraph (3) of this Article, words “the Mayor of Brcko District of BiH” shall be replaced by words “The Head of Department competent for giving an expert evaluation on applying the measures of protection against fire”.

 

Article 6

In Article 29, Paragraph (3) and Article 31, Paragraph (5), words “the Mayor” shall be replaced by words “the Government of Brcko District of BiH”.

 

Article 7

In Article 41, Paragraph (2), words “the Mayor of Brcko District of BiH” shall be replaced by words “the Head of Department of Public Safety” and words “the Mayor” shall be replaced with “Head of Department of Public Safety”.

 

Article 8

In Article 48, Paragraph (1) and Paragraph (3), words “the Mayor” shall be replaced by words “the Government of Brcko District of BiH”.

In Paragraph (4) of this Article, words “the Mayor” shall be replaced by words “the Government”.

 

Article 9

In Article 51, Paragraph (2) and Article 52, Paragraph (2), words “the Mayor” shall be replaced by words “the Government”.

 

Article 10

In Article 63, Paragraph 1, Paragraph (3) and Paragraph (4), words “the Mayor” shall be replaced by words “the Government of Brcko District of BiH”.

 

Article 11

In Article 69, Paragraph (6), words “the Mayor” shall be replaced by words “the Government of Brcko District of BiH”.

 

Article 12

In Article 79, Paragraph (2), words “the Mayor” shall be replaced by words “the Government”.

 

Article 13

In the title of Article 95, words “the Mayor” shall be replaced by words “the Government”.

In Article 95, words “the Mayor” shall be replaced by words “the Government of Brcko District of BiH”.

 

Article 14

In the title of Article 96, words “the Mayor” shall be replaced by words “the Government”.

In Article 96, Paragraph 2, words “the Mayor” shall be replaced by words “the Government”.

 

Article 15

This Law shall take effect eight days after being published in “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON NATURE PROTECTION

Article 1

In the Law on Nature Protection (“Official Gazette of Brcko District of BiH”, No. 25/04 and 1/05) in Article 14, Paragraph 3, words “the Mayor” shall be replaced by words “the Government of Brcko District of BiH (hereinafter: the Government)”.

 

Article 2

In Article 15, Paragraph 4, words “the Mayor” shall be replaced by words “the Government”.

 

Article 3

In Article 16, Paragraph 1, “comma (,)” and words “previously approved by the Government” shall be added after words “the Mayor”.

In Paragraph 2 of the same Article, words “the Mayor” shall be replaced by words “the Government”.

 

Article 4

In Article 20, Paragraph 2, words “the Mayor” shall be replaced with words “the Government”.

 

Article 5

In Article 33, Paragraph 7, words “the Mayor” shall be replaced with words “the Government”.

 

Article 6

In Article 34, Paragraph 2, word “propose” shall be replaced with “prescribes”.

 

Article 7

In Article 35, Paragraph 2, words “the Mayor” shall be replaced by words “the Government”.

 

Article 8

In Article 36, Paragraph 2, words “the Mayor” shall be replaced by words “the Government”.

 

Article 9

In Article 37, Paragraph 1, Article 40, Paragraph 1 and Paragraph 3 and Article 46, Paragraph 1, Line 3, words “the Mayor” shall be replaced by words “the Government”.

 

Article 10

In Article 48, Paragraph 2, word “and” shall be replaced by “comma (,)” after words “Article 35, Paragraph 2”, words “and Article 40, Paragraph 3” shall be added after words “Article 37, Paragraph 1” and words “the Mayor” shall be replaced with words “the Government”.

In Paragraph 3 of the same Article, “comma (,)” and words “Article 40, Paragraph 3” shall be deleted after words “Article 35, Paragraph 3”.

 

Article 11

This Law shall enter into force eight days after being published in “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON ENVIRONMENTAL PROTECTION

 

Article 1

In the Law on Environmental Protection (“Official Gazette of Brcko District of BiH”, No. 25/04 and 1/05) in Article 22, Paragraph 1, words “the Mayor” shall be replaced by “the Government of Brcko District of BiH (hereinafter: the “Government”)”.

 

Article 2

In Article 23 words “Brcko District” shall be deleted

 

Article 3

In Article 26, Paragraph 2, words “the Mayor” shall be replaced with “competent department”.

 

Article 4

In Article 38, Paragraph 1, Line 3 “comma (,)” and words “previously approved by the Government” shall be added after words “the Mayor”.

 

Article 5

In the title of Article 39, words “the Mayor” shall be replaced with words “the Government”.

In Paragraph 1 of this Article, words “the Mayor” shall be replaced with words ”the Government”.

In Paragraph 2 of this Article, words “the Mayor is competent” shall be replaced with “the Government is competent”.

 

Article 6

In Article 40, Paragraphs 1 and Paragraph 3, words “the Mayor” shall be replaced with “the Government”.

 

Article 7

In Article 48, Paragraph 2, words “the Mayor of Brcko District” shall be replaced with “the Government”.

In Paragraph 4 of this Article, words “the Mayor” shall be replaced with “the Government”.

 

Article 8

In Article 50, Paragraph 1, words: “the Mayor” shall be replaced with “the competent Department, Government”.

 

Article 9

In Article 54, Paragraph 2 the words: “of Health” shall be replaced by: “of Public Health and Other Services”.

 

Article 10

In Article 57, Paragraph 3, words “zaključit će” shall be replaced with “zaključuje” (this amendment does not affect the version English, int. rem.) and words “the Mayor” shall be replaced with “the Government”.

 

Article 11

In Article 71, Paragraph 2, words “the Mayor of Brcko District” shall be replaced with words “the Government”.

 

Article 12

In Article 79, Paragraph 4, words “the competent ministry” shall be replaced with “the competent department”.

 

Article 13

In Article 81, Paragraph 1 shall be amended to read:

“The Government, at the proposal of the Head of Department competent for environmental protection shall enact the following by laws by way of which it shall make provisions for”

-         special terms regarding the documents being submitted during the procedure of issuing ecological permit;

-         terms to be met by a authorized institution for preparing documentation stipulated by this Law;

-         additional provisions for prevention of accidents of larger scales.”

A new Paragraph 2 shall be added after the new Paragraph 1 and it shall read:

“The Head of Department competent for environmental protection shall enact the following by laws by way of which it shall made provisions for:

-         rules for leading the procedure of issuing ecological permits’

-         terms regarding the issuance of ecological permits for special types of installations, and especially regarding the best available technologies and marginal values of emissions and technical measures in accordance with the rules for establishing standards;

-         standards of quality of environment.”

Current Paragraph 3 shall now become Paragraph 4.

 

Article 14

In Article 82, Paragraph 1, words “the Mayor of Brcko District of BiH” shall be replaced with “the Head of Department competent for environmental protection”.

In Paragraph 3 of this Article words “shall prepare the proposal” shall be replaced with words “during the preparation of the proposal, and word “taking” shall be replaced with words “shall take”.

 

Article 15

In Article 89, Paragraph 5 words: “the Mayor” shall be replaced by: “the Government”.

 

Article 16

In Article 108, Paragraph 2 the words: “the Mayor of Brcko District of BiH” shall be replaced by: “the Government”.

 

Article 17

In Article 112 words “the Mayor of Brcko District of BiH” shall be replaced with words “the Head of Department competent for environmental protection and the Government”.

 

Article 18

This Law shall enter into force eighth days after being published in “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES OF BRCKO DISTRICT

Article 1

In the Law on Amendments to the Law on Protection of Witnesses under Threat and Vulnerable Witnesses of Brcko District (“Official Gazette of Brcko District of BiH”, No: 10/03, 8/07), in Article 1, the words “Office of the Public Prosecutor of Brcko District” shall be replaced by the words “Office of the Prosecutor of Brcko District”.

 

Article 2

This law shall enter into force on the eighth day of its publishing in” the Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON AIR PROTECTION

Article 1

In the Law on Air Protection (“Official Gazette of Brcko District of BiH”, No. 25/04 and 1/05) in Article 8, Paragraph 2 “comma (,)” and words “previously approved by the Government of Brcko District of BiH (hereinafter the Government) shall be added after words “the Mayor”.

 

Article 2

In Article 9, Paragraph 1 words “at the proposal of the Government” shall be added after words “the Mayor”.

 

Article 3

In article 10, Paragraph 2, Line 1, words “the Mayor” shall be replaced with “competent department”.

In Paragraph 2, Line 2 of this Article, words “the Mayor” shall be replaced with “the Government”.

In Paragraph 4 of the same Article words “at the proposal of the Government” shall be added after words “the Mayor”.

 

Article 4

In Article 12, Paragraph 2 words “the Mayor” shall be replaced with “the Government”.

 

Article 5

In Article 17, Paragraph 4, “comma (,)” and words “at the proposal of the Government” shall be added after words “the Mayor”.

 

Article 6

In Article 21, Article 27, Paragraph 3, Article 29, Paragraphs 1 and 4 and Article 30, words “the Mayor” in different cases shall be replaced with “Head of competent department” in corresponding cases.

 

Article 7

In Article 32, Paragraph 5, Article 35, Paragraph 1, Article 36, Paragraph 1, Article 37, Paragraph 2, and Article 38, Paragraph 1 words “the Mayor” shall be replaced with “the Government”.

 

Article 8

In Article 40, Paragraph 4 words “the Mayor” shall be replaced with “the Government”.

In Paragraph 6 of the same article words “the Mayor” shall be replaced with “Head of competent Department”.

 

Article 9

In Article 47, Paragraph 2 shall be deleted.

Current Paragraph 3 shall become Paragraph 2 and it shall be amended to read as follows:

“The regulations referred to in Article 12, Paragraph 2, Article 17, Paragraph 4, Article 36, Paragraph 1, Article 32, Paragraph 5, Article 35, Paragraph 1, Article 37, Paragraph 2 and Article 38, Paragraph 1 of the Law shall be enacted by the Government within one year from the day this Law becomes effective and the regulation referred to in Article 21, Article 27 Paragraph 3, Article 29, Paragraph 1, Article 30 and Article 34, Paragraph 2 shall be enacted by the Head of Department within one year from the day this Law becomes effective”.

 

Article 10

This Law shall become effective on the eighth day from its publishing in “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON WATER PROTECTION

Article 1

In the Law on Water Protection of Brcko District of BiH (“Official Gazette of Brcko District of BiH”, No. 25/04 and 1/05) in Article 5, Paragraph 3, words “the Mayor” shall be replaced by words “the Government of Brcko District of BiH (hereinafter: the Government)”.

 

Article 2

In Article 9, Paragraph 3, words “the Mayor” shall be replaced with words “the Government”.

 

Article 3

In Article 11, Paragraph 1, words “the Mayor” shall be replaced by words “the Government”.

 

Article 4

In Article 13, Paragraph 1, words “previously approved by the Government” shall be added after words “the Mayor”.

 

Article 5

In Article 14, Paragraph 3; Article 16, Paragraph 1; Article 22, Paragraph 1 and Paragraph 2; Article 24, Paragraph 2; Article 29, Paragraph 4; Article 30, Paragraph 3; Article 32, Paragraph 4 and Paragraph 5; Article 33, Paragraph 2; Article 34, Paragraph 4; Article 35, Paragraph 1; Article 38, Paragraph 3 and Paragraph 4; Article 40, Paragraph 4 and Article 41, Paragraph 3 and Paragraph 4, words “the Mayor” shall be replaced with words “the Government”.

 

Article 6

In Article 43, Paragraph 3, words “the Mayor of Brcko District of BiH” shall be replaced with words “the Government”.

 

Article 7

In Article 44, Paragraph 3, words “the Mayor” shall be replaced by words “the Government”.

 

Article 8

In Article 48, Paragraphs 5, words “the Mayor” shall be replaced by words “the Government”.

 

Article 9

Article 50 shall be amended to read:

“Steering Board of the competent organization of the area of the river basin shall comprise of 5 members, out of which 3 members are representatives of the following respectively:

-         company in charge of water management,

-         basic utility company dealing with the area of the river basin

-         non-governmental organizations dealing with environmental protection

Members of the Steering Board shall be appointed by the Mayor after the conducted public vacancy notice procedure in accordance with the Statute, laws and other regulations of the District.”

 

Article 10

In Article 51, Paragraph 1, Item 2, words “the Mayor” shall be replaced with words “the Government”.

 

Article 11

In Article 53, Paragraph 2 shall be amended to read:

“Supervisory Board of the competent organization of the area of the river basin shall comprise of three members out of which one is a representative of non-governmental organizations dealing with environmental protection.”

A new Paragraph 3 shall be added after Paragraph 2 and it shall read:

“Members of the Supervisory Board shall be appointed by the Mayor after the conducted public vacancy notice procedure in accordance with the Statute, laws and other regulations of the District.”

Current Paragraph 3 shall now become Paragraph 4.

 

Article 12

In Article 54, Paragraph 2, “comma (,)” and words “after a conducted public vacancy notice procedure,” shall be added after word “appoint”.

In Paragraph 4 of the same Article, words “the Mayor” shall be replaced with words “the Government”.

 

Article 13

In Article 64, Paragraph 1 and Paragraph 2, words “the Mayor” shall be replaced with words “the Government”.

 

Article 14

This Law shall take effect eight days after being published in the “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW  ON ASSEMBLY COUNCILORS

OF BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

Article 1

In the Law on Brcko District of Bosnia and Herzegovina Assembly Councilors (“Official Gazette of Brcko District of BiH”, number: 29/04) in Article 6, Paragraph 2, a “comma (,)” shall be added following the words “term of office” as well as the words “except in cases of employment in state administration in Brcko District of Bosnia and Herzegovina pursuant to Articles 19 and 20 of the Law on Civil Service in Administrative Bodies of Brcko District of BiH (“Official Gazzete of Brcko District of BiH”, number: 28/06)”.

 

Article 2

This Law shall enter into force on the eight days upon its publishing in ”Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON HEALTH CARE

OF BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

Article 1

In the Law on Health Care of Brcko District of Bosnia and Herzegovina (“Official Gazette of Brcko District of BiH”, No. 2/01) in Article 15, words “the Mayor upon the proposal of the Head of Department” shall be replaced by words “the Head of Department”.

 

Article 2

In Article 36, Paragraph (3), word “the Mayor” shall be replaced by words “the Government of Brcko District of BiH (hereinafter: the Government)”.

 

Article 3

In Article 41, Paragraph (2), words “the Mayor upon the proposal of the Head of Department” shall be replaced by words “the Head of Department”.

 

Article 4

In Article 46, Paragraph (3) shall be amended to read as follows:

“The president and members of a health institution managing board shall be appointed and discharged by the District Assembly upon the proposal of the Mayor after a conducted procedure of public vacancy notice in accordance with the Statute and laws of the District”.

Article 5

In Article 47a, Paragraph (1) shall be amended to read as follows:

“The director of a health institution, whose founder is the District, shall be appointed by the managing board after a conducted procedure of public vacancy notice in accordance with the Statute and laws of the District”.

 

Article 6

In Article 57, Paragraph (3), words “the Mayor upon the proposal of the Head of Department” shall be replaced by words “the Head of Department”.

 

Article 7

In Article 58, Paragraph (3), words “the Mayor upon the proposal of the Head of Department” shall be replaced by words “the Head of Department”.

 

Article 8

In Article 60, Paragraph (4), words “the Mayor upon the proposal of the Head of Department” shall be replaced by words “the Head of Department”.

 

Article 9

In Article 79, Paragraph (3), words “the Mayor upon the proposal of the Head of Department” shall be replaced by words “the Head of Department”.

 

Article 10

In Article 80, Paragraph (4), words “Upon the proposal of the Head of Department” shall be deleted. Words “the Mayor” shall be replaced by words “the Head of Department”.

 

Article 11

In Article 82, Paragraph (4), words “the Mayor shall, upon the proposal of the Head of Department” shall be replaced by words “the Head of Department shall”.

 

Article 12

In Article 86, Paragraph (2), words “the Mayor upon the proposal of the Head of Department” shall be replaced by words “the Head of Department”.

 

Article 13

This Law shall take effect eight days after being published in the “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON HEALTH INSURANCE OF BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

Article 1

In the Law on Health Insurance of Brcko District of BiH (“Official Gazette of Brcko District of BiH”, no. 1/02 and 7/02) Article 44, Paragraph (3), words “the Mayor, upon the proposal of the Department of Health” shall be replaced with “the Health Insurance Fund”.

 

Article 2

This law shall enter into force on the eighth day of its publishing in the “Official gazette of Brcko District of Bosnia and Herzegovina”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON AGRICULTURAL COOPERATIVES OF BRCKO DISTRICT OF BIH

 

Article 1

In the Law on Agricultural Cooperatives of Brcko District of BiH (“Official Gazette of Brcko District of BiH”, No. 19/02), in Article 19, Paragraph 5, words “Department of Agriculture and Forestry of the District Government” shall be replaced by words “District Public Property Office”.

 

Article 2

This Law shall become effective eight days upon being published in the “Official Gazette of Brcko District of BiH”.

 

 

LAW

ON AMENDMENTS TO THE LAW ON CRIMINAL PROCEDURE OF BRCKO DISTRICT OF BIH

Article 1

In the whole text of the Law on Criminal Procedure of Brcko District of BiH (“Official Gazette of Brcko District of BiH” 10/03, 6/05), the words “Public Prosecutor” shall be replaced by the words “Chief Prosecutor” and the words “Office of the Public Prosecutor shall be replaced by the words “Office of the Prosecutor”.

 

Article 2

This law shall enter into force on the eighth day of its publishing in” the Official Gazette of Brcko District of BiH”.

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]]> THE LAW

 ON LEGAL AID OFFICE

I GENERAL PROVISIONS

Article 1

(Contents of the Law)

This law shall regulate general jurisdiction and authorizations of the Legal Aid Office of Brcko District of Bosnia and Herzegovina (hereinafter referred to as: the Office), duties and responsibilities of the Director, attorneys, servants and employees, internal organisation and operations, transparency of work, financing and other issues of importance to the functioning of the Office.

 

Article 2

(General Jurisdiction and Authorizations)

(1) Legal Aid Office shall be independent body of the Brcko District of Bosnia and Herzegovina (hereinafter referred to as: the District) providing legal aid on the District territory to the citizens at the bottom of income scale in accordance with the law.

(2) The Office shall, within its jurisdiction, enable the District citizens at the bottom of income scale to exercise their rights guaranteed by the BiH Constitution, District Statute, and the laws of Bosnia and Herzegovina and District.

(3) Legal aid shall be the form of exercising District citizens’ rights to equal approach to justice and fair trial.

 

Article 3

(Independence)

(1) The Office shall perform its function independently from other Governmental bodies and District institutions.

(2) The Office shall be an independent body within the District Judiciary.

(3) No state body or institution shall have the right to influence the work of the Office in any way.

 

Article 4

(Establishment)

(1) Establishment, organisation, jurisdiction and dissolution of the Office shall be stipulated by the law.

(2) Number of Office attorneys, election and dismissal thereof shall be stipulated i.e. enforced by the Judicial Commission of Brcko District of BiH (hereinafter referred to as: Judicial Commission).

 

Article 5

(Name and Seat)

(1) Full name of the Office shall be: Legal Aid Office of the Brcko District of Bosnia and Herzegovina.

(2) The seat of the Office shall be in Brcko.

 

Article 6

(Seal)

The Office shall have the seal in accordance with the Law on Seal of Brcko District of BiH, containing the following text: “Bosnia and Herzegovina, Brcko District of BiH, Legal Aid Office” in round print in Cyrillic and Latin alphabets with the BiH coat of arms imprinted in the centre.

 

II GENERAL JURISDICTION AND AUTHORIZATIONS

Article 7

(Jurisdiction of the Office)

The Office shall be responsible for providing legal counsel and representation of Brcko District citizens at bottom of income scale and undertake all actions before the Basic Court of Brcko District of BiH, Appellate Court of Brcko District of BiH and the Prosecutor’s Office of Brcko District of BiH.

 

Article 8

(Functions in the Office)

(1) Function in the Office shall be performed by the Director of the Legal Aid Office of Brcko District of BiH (hereinafter referred to as: Director) and attorneys of the Legal Aid Office of Brcko District of BiH (hereinafter referred to as: attorneys).

(2) Office attorneys shall be authorised to perform all duties within the jurisdiction of the Commission unless the law prescribes that those duties be performed by the Director.

 

Article 9

(Representation)

(1) The Office shall undertake all actions and participate in all stages of the proceedings until they are effectively concluded.

(2) The Office may not represent more than one client in a case.

(3) The Office shall represent District citizens at bottom of income scale in the following proceedings:

-criminal,

-civil,

-out of court ,

-enforcement,

-offence,

-administrative,

-administrative disputes,

and other proceedings prescribed by separate laws.

 

Article 10

(Types of Legal Aid)

Legal Aid shall be provided as the right to:

-oral advice on all rights and obligations;

-assistance in filling out forms;

-legal assistance in filling out all types of letters;

-representation before an administrative body;

-representation in court;

-drafting appeals;

-legal assistance in the mediation procedure.

 

Article 11

(Legal Aid Beneficiary)

Legal aid beneficiary shall be every District citizen whom legal aid is provided to as per criteria on providing legal aid prescribed by this law.

 

Article 12

(Prohibition against Discrimination)

Office Director and attorneys shall perform their duties without preconception or prejudice, shall not demonstrate through language or behaviour their preconceptions about or prejudice against race, skin colour, gender, religious confession, ethnic origin, disability, age, marital status, change of marital status, pregnancy, parenthood, sexual orientation or social and economic status.

 

III LEGAL AID CRITERIA AND REALISATION

Article 13

(Legal Aid Criteria)

A District citizen shall be entitled to legal aid if he/she has insufficient funds to pay for attorney and representation expenses and meets financial criteria for representation.

 

Article 14

(Financial Criteria)

Citizens who meet the following criteria shall be entitled to legal aid in accordance with  financial criteria:

-         a welfare aid beneficiary,

-         an unemployed person without other regular income,

-         persons at the bottom of income scale,

-         children without parental care,

-         persons in a bad health condition without income.

 

Article 15

(Income Scale)

(1) Basis for determining entitlements to legal aid for District citizens at the bottom of income scale shall be all allowances and assets not deemed as income for which the applicant and members of his/her family household do not pay tax.

(2) In the process of determining the basis for entitlements to legal aid based on financial criteria, income and assets of members of his/her family household who are the applicant’s counterparty shall not be taken into account.

(3) A person shall not be deemed at bottom of income scale if he/she resides in the common household with an of age member of his/her family who is at the level of income scale which does provide for expenses of attorney services of a person residing with him/her in the common household.

 

Article 16

(Liability for Representation in Accordance With International Conventions)

Legal aid shall be provided to persons in accordance with the international conventions binding to Bosnia and Herzegovina.

 

Article 17

(Rejecting Entitlement to Legal Aid)

(1) Legal aid shall not be provided to the applicant, or shall be denied:

-in case of unjustified proceedings,

-in case of abuse of entitlements to legal aid,

-in case of conflict of interest.

(2) Legal aid shall be denied to a person whose behaviour is extremely violent, rude and offensive towards an attorney, servant or employee of the Office.

(3) In case criteria stipulated in Paragraphs (1) and (2) are met, Director shall deny entitlement to legal aid by way of decision. The Decision may be appealed with the Judicial Commission.

 

Article 18

(Application for Legal Aid)

(1) Application for legal aid shall be filed with the President of the Basic Court of Brcko District BiH along with enclosed evidence of meeting financial criteria required for representation in all proceedings, apart from compulsory defence in criminal proceedings.

(2) Office Director shall decide upon the application for legal aid in the administrative procedure in accordance with financial criteria.

Article 19

(Decision on Entitlement to Legal Aid)

(1) President of the Basic Court of Brcko District of BiH shall decide upon entitlement to legal aid by way of decision within the shortest possible period of time.

(2) Decision on engaging the Office in representation before the Prosecutor’s Office or Court in criminal proceedings shall be enacted by the President of the Court, Judge or the Panel in accordance with the Law on Criminal Proceedings of Brcko District of BiH and in civil and other proceedings by the President of the Court in accordance with the procedure prescribed by this law or separate regulations.

(3) Applicant shall be entitled to complain to the Judicial Commission against the decision enacted by the President of the Court or Office Director rejecting application for legal aid, within 15 days.

 

Article 20

(Covering Expenditures  Incurred in Legal Aid Procedure)

(1) Liability of paying for rendered legal aid (court expertise and other real expenditures) shall be applied if in the course or upon conclusion of the procedure it is established that the legal aid beneficiary can afford to pay for representation and that he/she was not entitled to legal aid which was determined ex officio or at the request of an interested party.

(2) President of the Court or Office Director shall put decision on representation out of force.

 

Article 21

(Payment Collection Procedure)

(1) When decision on representation is put out of force, the Office shall file request with the President of the Basic Court of Brcko District of BiH for collection of payment for real expenditures incurred in the representation procedure.

(2) President of the Court shall enact decision and commit a party to pay, within 15 days, for real expenditures incurred by the Office in the representation procedure

(3) This decision shall be final.

 

IV DUTIES AND RESPONSIBILITIES OF DIRECTOR, ATTORNEYS, SERVANTS AND EMPLOYEES

Article 22

(Director’s Duties)

(1) Director shall maintain integrity, independence and professionalism in the work of the Office.

(2) Director shall issue general instructions to the Office attorneys and orders to servants and employees in the performance of their duties and obligations.

(3) Director shall organise work and ensure that Office employees abide by the law and perform duties conscientiously and free of prejudice.

 

Article 23

(Engaging Court Experts)

(1) Director shall enact decision on engaging court experts, court interpreters and other persons whose engagement is required in a case.

(2) Director shall not engage court experts, court interpreters and other persons without need. He/ she shall avoid nepotism and favouritism.

(3) Director shall not approve compensation for appointed court experts, court interpreters and other persons higher than the fair value of services they rendered.

Article 24

(Duties and Liabilities of Director, Attorneys, Servants and Employees)

(1) Director, attorneys, servants and employees of the Office shall abide by Rulings of the Arbitral Tribunal for the Dispute over the Inter-Entity Boundary in the Brcko area and Supervisory Orders enacted in accordance with them, the Constitution of Bosnia and Herzegovina, Brcko District Statute, the laws of Bosnia and Herzegovina and the laws of Brcko District of BiH and perform duties in the Office impartially and diligently.

(2) Office Director and attorneys shall render legal aid conscientiously, professionally and shall act upon all cases they have been assigned with.

(3) Director, attorneys, servants and employees of the Office shall perform in the manner ensuring confidence of public in the integrity of the Office and avoid misconduct (violation of judicial rules and code of ethics).

(4) Director, attorneys, servants and employees of the Office shall be patient, dignified and polite towards the Court, clients, witnesses, Prosecutors, attorneys and all those they cooperate with.

 

Article 25

(Liability for Damage)

(1 In the process of performing duties or representation, District shall be accountable for the damage caused, by illegal and irregular work by Office Director and attorneys, to the person represented by the Office in the course of official duties.

(2) District may request from Office Director and attorneys to compensate for paid damages if the damage was caused deliberately or due to utter negligence.

(3) Reimbursement request shall reach statute of limitations in 6 months from the date of compensation payment.

 

Article 26

(Duty of Professional Development)

Director, attorneys, servants and employees of the Office shall undergo professional development in accordance with the procedure prescribed by the Judicial Commission.

 

Article 27

(Personal Characteristics)

Director, attorneys, servants and employees of the Office may not:

-use Office reputation to gain personal interest,

-deliberately give or allow the others to gain impression that any person has a preferential treatment and can influence Office Director, attorney or the outcome of representation,

-voluntarily testify on a person’s character, unless they are witnesses in criminal proceedings in which they or their family members are damaged parties or if a defendant is their family member.

 

Article 28

(Duties and Liabilities of the Director and Attorneys in Fulfilling Obligations)

(1) Office Director or attorneys who are in possession of information indicating the probability of another attorney being in breach of the Code of Ethics shall undertake appropriate measures. Office attorney who is aware that another Office attorney is involved in activities which make that Office attorney unsuitable for performing his/her duty, shall inform the Director and Judicial Commission about it. Office attorney who has information which is not confidential and which refers to potential breach of this law by another Office attorney shall reveal this information in full to the Director and Judicial Commission or any other body authorised to conduct investigation or undertake actions regarding the abuse of office. Conduct deemed as unsuitable in work performance shall be:

1.      soliciting or accepting money, gifts, services and/or other favours from clients, their relations, friends or any kind of mediators;

2.      inappropriate use or the threat of using the position in the way contrary to the interests of the other person with the aim of inducing that person to do a favour for the Office attorney or anyone else, according to his/ her desire, or

3.      commission of a crime.

(2) the Office Director or attorneys who have information verifying the probability that the Prosecutor or Judge violated the Code of Ethics shall undertake appropriate measures and inform the High Judicial and Prosecutorial Council of Bosnia and Herzegovina.

 

Article 29

(Duties and Liabilities of the Director and Attorneys in the Representation Procedure)

(1) Director and attorneys shall perform all duties required in the representation procedure in a lawful manner, professionally and efficiently demonstrating respect for clients with the aim of resolving procedures without unnecessary delays or incurred expenditures.

(2) The attorney shall keep as official secret everything that a client entrusted him/her with, unless he/she is relieved from this commitment with the client’s approval or in cases when the attorney suspects that a serious crime is impending.

(3) The attorney shall inform the client on the case in which he/she is being represented by him/her.

 

Article 30

(Representation in Criminal, Civil, Out of Court and Other Proceedings)

(1) Office attorneys when representing a suspect, defendant or are in the capacity of proxies in the proceedings, shall undertake all necessary actions with the aim of establishing facts and collecting evidence relevant for defence or representation.

(2) Obligation shall be terminated when the President of the Court, Judge or the Panel  enacts decision on dismissal of the Office attorney.

 

Article 31

(Political Associating and Engagement)

(1) Office Director, attorneys, servants and employees may not be members of political parties or support political candidates or political party platforms or in any way be involved in any political activity. They may not be members of steering and other boards.

(2) Office Director, attorneys, servants and employees in their work performance shall not follow instructions given by political organisations and shall in no way encourage other servants and employees during working hours to get involved in the work of a political party or organisation.

(3) Director and attorneys may not:

a)     perform function in a political organisation;

b)     be candidates at elections for any level of government in Bosnia and Herzegovina;

c)       publicly support or oppose any candidate running for a public function;

d)     give speeches on behalf of a political organisation;

e)     collect funds for any political organisation or candidate running for a public function;

f)        give financial contribution to a political organisation or candidate running for a public function.

 

Article 32

(Exemption of the Director and Attorneys in the Representation Procedure)

(1) Office Director or attorney shall request his/her exemption or shall be exempted by the Judge in charge of the case in the following cases:

  1. if a client is in the procedure;
  2. if he/she has joint ownership, joint commitment or reimbursement liability to the client in the procedure;
  3. if he/she has a personal interest in the procedure;
  4. if he/she a blood relation or in-law relation  to any of the clients in the procedure, in particular:
    -direct relations in the first line.
    -collateral relations to the first degree (brothers and sisters);
  5. if he/she has or has had a close relationship with one of the clients in the procedure;
  6. if he/she is or was a foster parent to any of the clients in the procedure;
  7. if he/she previously participated in a procedure for any client in different capacity  other than defence;
  8. if he/she is a blood relation or married to any person participating in the procedure;
  9. if he/she was previously associated, in some way, with the case in any other capacity;

(2) Office attorney participating in a case may not be the court expert in that case;

(3) Office Director and attorneys may not be witnesses in the procedure. If it is established that the Office Director or attorneys have relevant information in connection with a specific case, he/she shall be exempted from that case at the personal request, or the Judge in that case shall enact a decision on his/her exemption and he/she shall be instructed to present evidence which he/she has to the newly appointed defence attorney.

(4) If Office Director or attorney learns that he/she is in such situation which entitles clients to request his/her exemption, he/she shall entirely, immediately upon becoming aware of the conflict, present clients with the circumstances. If revealing those circumstances may influence or breach the privilege of confidence in attorney-client relations, those circumstances shall be revealed only to the Judge in charge of the case without obligation to inform any client.

(5) The judge in charge of the case shall decide about the exemption of the Office Director or attorney.

(6) In the situation when his/her performance of duties is called into question, the Judicial Commission shall make a decision.

(7) If the issue of exemption is initiated prior to the commencement of the procedure it shall be instantly resolved by the Office Director.

 

Article 33

(Conflict of Interest)

(1) Office Director and attorneys shall not have a private practice of law.

(2) The Judicial Commission shall decide about activities of the Office Director and attorneys related to the conflict of interest in accordance with the prescribed procedure.

 

Article 34

(Confidentiality of Work)

All Office employees shall keep as official secrets all pieces of information they obtain in performance of their duties apart from information for which the client gives approval and which are presented in accordance with the law.

Article 35

(Responsibility for Supervision)

Director shall undertake appropriate measures in order to ensure that all Office employees abide by the rule of law, diligence and professionalism in performance of their duties.

 

V INTERNAL ORGANISATION AND OPERATIONS

Article 36

(Management and Competence of the Director and Attorneys)

(1) Director shall represent the Office as an Institution and manage its work.

(2) Office attorneys shall perform duties stipulated by this law and other separate laws and shall report to the Director.

 

Article 37

(Criteria for Performance of Duties of Director and Attorneys)

(1) Office Director and attorneys shall be elected and dismissed by the Judicial Commission in accordance with the procedure stipulated in the Law on Judicial Commission of Brcko District of BiH.

(2) A law university graduate who passed the bar exam and has 5 years of working experience as a judge, prosecutor or attorney may serve as a Director.

(3) Director shall be one of the attorneys appointed to the Office with demonstrated management and organisational abilities relevant for the functioning of the Office. Director shall be appointed for a term of office of 4 years and may be re-appointment.

(4) A law university graduate who passed the bar exam and has 3 years of working experience gained after passing the bar exam may serve as an Office attorney.

(5) In case the Office Director is not re-elected, he/she shall remain working as an Office attorney.

 

Article 38

(Management in the Director’s Absence)

If Director is absent or unable to manage the Office, he/she shall be deputized by one of the attorneys as stipulated by the Rulebook on Internal Organisation and Operations in the Legal Aid Office of Brcko District of BiH.

 

Article 39

(Binding Instructions)

(1) Director shall be entitled and have the duty to issue binding instructions to the attorneys, servants and employees regarding their work and in addition to that he/she may do the following:

-undertake all or specific actions of which an Office attorney is in charge,

-assign cases internally and stipulate the manner of work in specific cases.

(2) Director shall give binding working instructions of general nature in accordance with the Rulebook on Internal Organisation of the Legal Aid Office of Brcko District of BiH and the Rules of Operations of the Legal Aid Office of Brcko District of BiH.

 

Article 40

(Judicial Clerks and Interns)

The Office may employ a certain number of judicial clerks and interns to assist the Office attorneys in performance of their legal duties.

 

Article 41

(Judicial Clerks)

(1) A law university graduate who passed the bar exam and is a citizen of BiH may serve as a judicial clerk in the Office.

(2) A judicial clerk shall perform legal research, draft letters, submissions and a part of other legal duties supervised by the Office Director.

Article 42

(Interns)

(1) A law university graduate who is a citizen of BiH and meets general criteria for employment in state bodies may serve as intern in the Office.

(2) Interns shall be enabled to gain necessary practical experience in the legal profession through in-service training in the Office.

(3) Interns shall be employed for a definite term until fulfilling the criteria for taking the bar exam, for 2 years at the longest.

(4) Interns may be assigned to work in the Public Prosecutor’s Office, Basic and Appellate Courts for a certain period of his/her work. Training structure, time he/she should spend in certain District Judiciary Institutions, duties to perform shall be prescribed by the Judicial Commission.

 

Article 43

(Rulebook on Internal Organisation)

(1) Internal organisation and operations of the Office, number of servants and employees required in performance of daily duties and criteria for performance of those duties shall be regulated by the Rulebook on Internal organisation and Operations.

(2) Rulebook referred to in Paragraph 1 shall be enacted by the Director with the Judicial Commission’s approval.

 

Article 44

(Application of Other Regulations)

Provisions of the Law on Servants and Employees in the Brcko District of BiH Judiciary shall regulate a legal and labour status of all employees of the Office if not otherwise regulated by this or other law.

 

Article 45

(Immunity of Director and Attorneys)

(1) Office Director and Attorneys shall not be criminally or civilly liable for committed acts, statements and opinions expressed in performance of their duties.

(2) Judicial Commission shall decide on abolition of Director’s and attorneys’ immunity.

(3) Judicial Commission shall enact decision on abolition of immunity of attorneys with the previously obtained opinion form the Director.

 

Article 46

(Records)

(1) The Office shall keep records on all cases it acts upon and records of oral advice.

(2) The manner of keeping all the records in the Office as well as keeping closed cases shall be prescribed by the Rules of Procedure of the Office enacted by the Director with the Judicial Commission’s approval.

 

VI TRANSPARENCY OF WORK

Article 47

(Reporting to the Judicial Commission and District Assembly)

(1) The Office shall be responsible for lawful and efficient performance of duties under its competence.

(2) The Office shall submit its work report to the Judicial Commission. Report shall, inter alia, contain: number and type of cases where representation was rendered, number of represented persons, number of concluded cases, number of pending cases, manner of closure of cases and amount of representation expenses.

(3) The Office shall be entitled and have duty to, at its own initiative or request, report to the Brcko District of BiH Assembly (hereinafter referred to as: the Assembly) on its work. Report shall be submitted to the Assembly after being reviewed by the Judicial Commission that will provide assessments, suggestions and proposals about it that do not contest independence of the Office. At the Assembly’s invitation, the Office Director shall explain the report at an Assembly session. Upon discussion of the report the Assembly shall give assessments, suggestions and proposals that do not influence independence of the Office.

 

VII FINANCING

Article 48

(Resources)

(1) District shall provide necessary financial and any other support in order to ensure disrupted and regular Office functioning.

(2) The Office shall have clearly earmarked and presented share of the budget within the District budget.

 

Article 49

(Budget Preparation and Execution)

(1) In the prescribed procedure of budget preparation and adoption, Office Director shall comprise the Office budget draft and submit it to the Judicial Commission for the sake of determining the final budget draft of the Office.

(2) Office Director shall be entitled to attend sessions of the District Assembly and  relevant bodies (boards, committees etc..) and represent the proposed budget in times of discussion and decide on Office- related budget issues.

(3) Director shall be responsible for execution of the Office budget.

 

Article 50

(Salaries and Other Allowances)

Office Director, attorney, servants and employees shall be entitled to have salary and other allowances in accordance with regulations stipulating salaries and allowances of servants and employees in the District Judicial Institutions.

 

VIII INTERIM AND FINAL PROVISIONS

Article 51

(Putting out of Force)

The Law on Legal Aid Office of Brcko District of Bosnia and Herzegovina (“The Official Gazette of Brcko District of BIH”, No. 5/01) of 10 May 2001 shall be put out of force once this law enters into force.

 

Article 52

(Bylaws)

The bylaws required for implementation of this Law shall be passed or the currently existing ones harmonized with this law by the Judicial Commission or the Director  within three months from the date this Law enters into force and until that time the currently effective enactments shall be applied provided they are not contrary to this Law.

 

Article 53

(Entering into Force)

This law shall enter into force on the eighth (8) day of its publishing in the “Official Gazette of Brcko District of Bosnia and Herzegovina”.

]]> https://www.brckosupervizija.ba/web/?feed=rss2&p=507 0 Annex VII https://www.brckosupervizija.ba/web/?p=505 https://www.brckosupervizija.ba/web/?p=505#comments Tue, 26 Jun 2007 12:50:46 +0000 admin http://www.brckosupervizija.ba/web/?p=505 …
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]]> LAW

ON JUDICIAL COMMISSION OF BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

GENERAL PROVISIONS

Article 1

(Subject Matter)

(1)   Judicial Commission of Brcko District of Bosnia and Herzegovina (hereinafter referred to as: the Commission) shall provide for independent and impartial District Judiciary, District Prosecutor’s Office, District Public Attorney’s Office and Legal Aid Office (hereinafter referred as: the Judiciary)

(2)   This law shall regulate general jurisdiction, authority, composition and the work of the Judicial Commission.

 

Article 2

(Independence)

The Commission shall be an independent body, exclusive of other Brcko District of Bosnia and Herzegovina (hereinafter referred to as “the District”) governmental organs, exercising its authority within the scope provided by the Statute of the Brcko District of Bosnia and Herzegovina (hereinafter refereed to as “the Statute”) and the laws of the District.

 

Article 3

(Name and Seat)

Full name of the Commission shall be: Judicial Commission of Brcko District of Bosnia and Herzegovina. The seat of the Commission shall be in the town of Brcko.

 

Article 4

(Seal)

The Commission shall have a round seal with the following inscription: “Bosnia and Herzegovina, Brcko District of BiH, Judicial Commission”, written in circular form in both the Cyrillic and Latin alphabets, with the coat of arms of Bosnia and Herzegovina impressed in the center of the seal.

 

II APPOINTMENT AND DISMISSAL OF THE COMMISSIONERS

Article 5

(Commission Composition)

(1) The Commission shall have 8 members.

(2) The Commissioners shall be:

a)      The President of the Constitutional Court of Bosnia and Herzegovina, or the judge of that Court whom he/she appoints;

b)      President of the Appellate Court of the District;

c)      President of the Basic Court of the District;

d)      Chief Prosecutor of the District;

e)      Director of the Legal Aid Office of the District;

f)       Public Attorney of Brcko District of Bosnia and Herzegovina;

g)      Two lay members;

 

(3) The Commissioners referred to in Paragraph 2, Items b), c), d), e) and f) shall be the Commissioners according to the function they perform.

 

(4) The Commissioners referred to in Paragraph 2, Item f) of this Article shall be two District residents of high professional and moral standing:

a)     who have not been the members of political parties in the 4-year period preceding their appointment to the Commission,

b)     who are not members of political parties and are not in any way involved in any political activity,

c)      who are not public employees or officials of the District, employees in the Assembly of the District, Judiciary or the members of their family households.

 

Article 6

(Selection of Lay Members)

(1)   Minimum one month prior to the expiration of the lay members’ term of office the Judicial Commission shall notify the Assembly on the expiration of their term of office as well as on their early departure.

(2)   Upon 15 days from the receipt of the notification The Assembly shall publish a vacancy notice, easily accessible to all citizens, for this function and shall stipulate criteria in the notice as prescribed in Items a), b) and c), Paragraph 4, Article 5 of this law.

(3)   Deadline for applying to the published vacancy notice shall be 15 days.

(4)   In the first following session the Assembly shall convene the Mandate Immunity Commission which shall interview all applicants meeting the prescribed criteria and immediately upon conducted interviews shall submit recommendation for appointment to the Assembly. If the Assembly fails to appoint candidates within one month from a day of receipt of recommendation it shall be considered that the proposed candidates are appointed.

(5)   Members shall be elected for a period of four years and shall not be re-elected.

 

Article 7

(Early Dismissal)

(1)   The Judicial Commissioners shall be dismissed prior to the expiration of their term of office in case of termination of the function they were elected to perform and lay members in case the circumstances change or are contrary to the standards mentioned in Article 5, Paragraph 4, Items a), b), c) and d).

(2)   Procedure of the early dismissal shall be regulated with the bylaws of the Judicial Commission.

 

Article 8

(Immunity)

The Commissioners shall not be held criminally or civilly liable for any acts carried out, or statements or opinions expressed, in the performance of their official duties.

 

Article 9

(Duties of the Commissioners)

(1)   The Commissioners shall preserve the reputation of the Commission.

(2)   The Commissioners shall take proper care of their conduct and shall not carry out any activities that might call their impartiality, reputation or integrity into question.

(3)   A Commissioner may not be a member of any political party or participate in any political activities.

 

Article 10

(Financial Disclosures)

District Court Judges, District Prosecutors, District Public Attorneys and the Judicial Commissioners shall respectively submit to the Assembly an Annual Financial Disclosure Statement on their total income, sources, assets, and liabilities as well as the ones of their close family members to the first degree and the manner in which they acquired possession of them.

 

Article 11

(Selection of the President and Vice-President of the Commission)

(1)   The Commission shall elect the President and Vice-President.

(2)   President and Vice-President of the Commission shall be elected from the Commissioners. They shall serve for the term of four years and upon the expiration of their term they may be re-elected.

(3)   The presence of all Commissioners shall be required for the election of the President and Vice President.  The election shall be by a secret ballot cast by the Commissioners.

(4)   Any Commissioner may nominate a candidate for the position of President and Vice President.  The candidate who receives a three-fifths majority of the total number of Commissioners shall become the Commission President, i.e. Vice President.

(5)   If no candidate receives the required majority in the first election, the second election shall be held.  The candidate who receives a majority vote of the total number of Commissioners in the second election shall become the President, i.e. Vice President.

(6)   If no candidate receives the required majority in the second election, the third election shall be held between the two candidates who received the highest number of votes. The candidate who receives the highest number of votes in the third election shall become the President, i.e. Vice President.

(7)   The Vice President shall represent the President in case of his/her absence.

 

Article 12

(Recusal)

(1)   The Commissioner shall not participate in any matter if the candidate whose status is being decided upon is his/her spouse, his/her relative in bloodline up to any degree, his/her relative in sideline up to the fourth degree, his/her in-law up to the second degree, and if there are any other circumstances which may give cause to question impartiality of the Commissioner.

(2)   In case these circumstances exist, the Commissioner must withdraw from the process and shall submit in writing the reasons requiring his/her recusal.

(3)   Other Commissioners shall decide upon the reasons for recusal.

Article 13

(Entitlement to Compensation)

(1)   The Commissioners referred to in Article 5, Paragraph 2, Items a) and f) shall be entitled to compensation based on their participation in the Commission’s work and entitled to reimbursement of travel expenditures incurred in line with their travel to Commission’s sessions from outside of the District territory.

(2)   The amount of compensation from Paragraph 2 of this Article shall be determined in the Rules of Procedure of the Commission.

 

III JURISIDICTION AND OPERATIONS OF THE COMMISSION

Article 14

(General Jurisdiction)

The Commission shall perform the following duties:

a)     ensure independence of the Basic and Appellate Court, District Prosecutor’s Office, Legal Aid Office and Public Attorney’s Office;

b)     provide professional training for Judges, Prosecutors, Public Attorneys, Legal Aid Office attorneys and expert associates in the District Judiciary and Prosecutor’s Office.

c)      enact and implement the Code of Ethics for employees in the Judiciary, (exempting the Basic and Appellate Court Judges), employees of Prosecutor’s Office (exempting the Prosecutors), Public Attorney’s Office, the Office and invoke disciplinary procedure due to the violation of the Code;

d)     appoint and dismiss Public Attorney and his/her deputies;

e)     appoint and dismiss Legal Aid Office Director and attorneys;

f)        appoint and dismiss expert associates and interns at the Basic and Appellate Court, District Prosecutor’s Office and Brcko District of BiH Public Attorney’s Office;

g)     appoint and dismiss servants and employees of the Judicial Commission, Appellate and Basic Court, District Prosecutor’s Office, Public Attorney’s Office and Legal Aid Office;

h)      prepare and submit to the Assembly the laws regarding the organization and work of the Appellate and Basic Court, District Prosecutor’s Office, Public Attorney’s Office, Legal Aid Office as wells regulating the work of attorneys and notaries in the District;

i)        appoint the notary and regulate notary’s work in the District;

j)        prepare and propose to the Assembly the part of the budget providing for operational expenditures of the Appellate and Basic Court, District Prosecutor’s Office, Public Attorney’s Office, Legal Aid Office and Judicial Commission Expert Service;

k)      cooperate with Ministries of Justice and other relevant institutions in BiH;

l)        elect a member for the High Judicial and Prosecutorial Council of BiH

m)   establish required number of attorneys in the Legal Aid Office

n)      enact or grant consent for the Rulebooks regulating the work of the Appellate and Basic Court, District Prosecutor’s Office, Public Attorney’s Office, Legal Aid Office and Judicial Commission Expert Service;

o)     enact rulebooks on criteria for court experts and court interpreters;

p)     appoint and dismiss the Court Police Commander and determine the number of court police officers;

q)     publish public vacancy announcement and elect candidates for the positions of servants and employees at the Appellate and Basic Court, District Prosecutor’s Office, Legal Aid Office, Court Police, Public Attorney’s Office and Judicial Commission  Expert Service;

r)       minimum two times a year discuss the work report of the Appellate and Basic Court, District Prosecutor’s Office, Public Attorney’s Office Legal Aid Office and the Commission in form of the information submitted to the Assembly if not otherwise regulated by separate laws;

s)      coordinate projects initiated  by the Council that refer to improvement of performance of Courts and Prosecutor’s Offices and efficiency in managing cases;

t)        improves the work of the Public Attorney’s Office, Legal Aid Office and Judicial Commission Expert Service;

u)      exercise other duties as provided by the Constitution of BiH , Brcko District of BiH  Statute and laws.

 

Article 15

(Election of a Member for the High Judicial and Prosecutorial Council)

The Commission shall elect a member for the High Judicial and Prosecutorial Council of Bosnia and Herzegovina from the Judges and Prosecutors of Brcko District in accordance with the procedure prescribed by the Council.

 

Article 16

(Sessions)

(1)   The Commission shall make decisions in sessions

(2)   A session of the Commission shall be convened by the President of the Commission or the Vice-President in his absence.

(3)   Session may be convened at the proposal of at least two Commissioners.

(4)   All members of the Commission shall be notified in person, by telephone fax, e mail, mail no later than eight (8) days before the scheduled regular session, unless an extraordinary convening, in which case forty-eight (48) hours notice is required.

(5)   A session may not be convened unless the President, or the Vice-President and a minimum of four (4) Commissioners are present.

 

Article 17

(Decision-Making)

(1)   The Commission shall decide by a majority vote of the votes cast by the present Commissioners. Voting shall be public as a rule unless otherwise specified by bylaws or the Commission’s decision in which case it shall be done by secret ballot.

(2)   In case of a tie vote voting shall be repeated. If the vote is again tie the President of the Commission shall publicly give a deciding vote.

(3)   The Commission shall enact the following enactments: decisions, conclusions, take stance, grant approvals, opinions and other enactments.

(4)   Enactments by the Commission shall be final.

(5)   Provisions of the Law on Administrative Procedure of Brcko District of BiH shall be accordingly applied to issues occurring in the work of the Commission which are not regulated by with law.

 

Article 18

(President of the Judicial Commission)

(1)   President presents and represents the Judicial Commission.

(2)   President of the Commission shall convene sessions, determine agenda and chair the sessions;

(3)   President of the Commission and all Commissioners may propose enacting decisions, resolutions, conclusions and other enactments within the jurisdiction of the Commission;

(4)   The Vice President shall deputise for the President in case of his absence.

 

Article 19

(Manner of Work)

Manner of work of the Commission shall be established by the Rules of Procedure for the Commission.

 

IV EXPERT COMMISSION OF THE JUDICIAL COMMISSION

Article 20

(Providing Services)

(1)   Expert Service of the Judicial Commission shall perform technical-accounting duties, IT duties, duties of technological, expert and administrative nature for the needs of the Judiciary.

(2)   Work of the Expert Service, number of servants and employees, duties and tasks and position criteria shall be regulated by bylaws.

Article 21

(Secretary)

(1)   The Commission shall have the Secretary.

(2)   The Secretary shall be appointed by the Commission for a term of four years, with option for reappointment.

(3)   To serve as Secretary a person must hold a law degree, have passed bar exam and three years of working experience in legal duties upon passing the bar exam.

(4)   The Secretary of the Commission shall perform legal, expert and administrative duties within the jurisdiction of the Commission, prepare sessions, take minutes and perform all other duties prescribed by bylaws.

(5)   The Secretary shall be responsible for the work of servants and employees in the Expert Service, and for his/her work shall report to the Judicial Commission and the President of the Commission. The Spokesperson shall assist the Secretary in performance of his/her duties and shall deputise for his/her in his/her absence.

 

Article 22

(Spokesperson)

(1)   The Commission shall have the Spokesperson.

(2)   The Spokesperson shall be elected by the Commission with the status of a servant.

(3)   To serve as Spokesperson a person must hold a law degree, have passed bar exam and three years of working experience in legal duties.

Article 23

(Informing the Public)

(1)   Judicial Commission Spokesperson shall inform the public on the work of the Appellate and Basic Court, District Prosecutor’s Office, Legal Aid Office and Judicial Commission and in cooperation with managerial staff from the Judiciary shall administer the information access procedure in accordance with the Law on Free Access to Information in Bosnia and Herzegovina.

(2)   Provisions of the Law on Administrative Procedure of Brcko District of BiH shall be applied to issues not regulated with the Law on Free Access to Information.

(3)   A client is entitled to complain against the ruling on free access to information enacted in the first instance procedure. The Commission shall rule upon the complaint in the second instance procedure.

 

V EMPLOYMENT

Article 24

(Employment Procedure)

(1)   Judicial Commission through an open competition shall directly enforce the procedure for employment of Legal Aid Office Director and attorneys, the Secretary of the Commission, expert associates, Secretary of the Court, Spokesperson, Public Attorney and Deputy Public Attorney and Court Police Commander.

(2)   Employment procedure for other servants and employees shall be enforced in accordance with the procedure and the law regulating the employment procedure for servants and employees.

 

VI FINANCING THE COMMISSION

Article 25

(Work Funds)

(1)   Commission work funds shall be provided from the District budget.

(2)   Budget shall precisely stipulate Commission’s expenditures for the current fiscal year.

 

Article 26

(Budget Drafting and Execution)

(1)   President of the Commission shall prepare the draft budget of the Commission in cooperation with the Expert Service and submit it to the Commission for determining the final budget draft.

(2)   The Commission shall consider submitted budget drafts by the Appellate and Basic Court, Prosecutor’s Office, Legal Aid Office, Public Attorney’s Office and the Commission and prepare the final budget draft submitted to the Assembly.

(3)   President of the Commission shall attend the sessions of the Assembly and Assembly bodies in which budget and budget related issued are discussed and represent the draft budget.

(4)   President shall be responsible for the execution of the Commission’s budget.

 

Article 27

(Salaries and Compensations)

(1)   Servants and employees of the Expert Service of the Commission shall be entitled to salary and other compensations in accordance with the law regulating issues on salaries and compensations for the servants and employees of the Commission.

(2)   Commissioners shall be entitled to compensation in the manner regulated by this law.

 

VII TRANSITIONAL AND FINAL PROVISIONS

Article 28

(Putting out of Force)

On the date this law enters into force the Law on Judicial Commission of Brcko District of Bosnia and Herzegovina (“Official Gazette of Brcko District of BiH” No. 4/00) and the Law on Amendments to the Law on Judicial Commission of Brcko District of BiH (“Official Gazette of Brcko District of Bosnia and Herzegovina”, No. 1/01 and 5/01) shall be put out of force.

 

Article 29

(Deadline for Enacting Bylaws)

The Commission shall enact bylaws within 6 months from the date this law enters into force.

Article 30

(Publishing and Entering into Force)

This law shall enter into force on the eighth day of its publishing in the “Official Gazette of Brcko District of Bosnia and Herzegovina”.

]]> https://www.brckosupervizija.ba/web/?feed=rss2&p=505 0 Annex VI https://www.brckosupervizija.ba/web/?p=503 https://www.brckosupervizija.ba/web/?p=503#comments Tue, 26 Jun 2007 12:48:24 +0000 admin http://www.brckosupervizija.ba/web/?p=503 …
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]]> LAW

ON PROSECUTOR’S OFFICE OF BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

 

 

I GENERAL PROVISIONS

Article 1

(Contents of the Law)

This Law shall regulate general competences and authorizations of the Brcko District of Bosnia and Herzegovina Prosecutor’s Office (hereinafter: the District Prosecutor’s Office), duties and responsibilities of the prosecutors, servants and employees, internal organization and operations, transparency of work, financing and other issues of importance to the functioning of the District Prosecutor’s Office.

 

Article 2

(General Jurisdiction)

The District Prosecutor’s Office shall be an independent body which, within the Brcko District of Bosnia and Herzegovina (hereinafter: the Brcko District) shall undertake stipulated measures and activities related to detecting and prosecution of perpetrators of crimes and financial offences and shall perform other duties stipulated by the law.

 

Article 3

(Independence)

(1)          The District Prosecutor’s Office in its work shall be independent from the legislative and executive authorities as well as from the Police and Courts.

(2)          No state body, institution or individual shall have a right to order, direct or in any way influence the Prosecutor’s Office in performing its duties.

Article 4

(Protection of Rights)

The District Prosecutor’s Office shall, within its jurisdiction, protect exercising of human rights and civil freedoms guaranteed by the Constitution of Bosnia and Herzegovina and the Statute of Brcko District as well as exercising of rights and interests of legal persons stipulated by the law and shall ensure compliance with the Statute and legality.

 

Article 5

(Basis for Proceedings)

The District Prosecutor’s Office shall perform its duties in accordance with the Constitution of Bosnia and Herzegovina and the Statute of Brcko District based on the laws of Bosnia and Herzegovina and Brcko District.

 

Article 6

(Opinion About Laws)

The District Prosecutor’s Office, through the Judicial Commission of Brcko District of BiH, shall be entitled to provide its opinion to the Government and Assembly of Brcko District about all the laws which relate to performance of its duties as well as to initiate amendments to the laws of Brcko District in the aforementioned terms.

 

Article 7

(Assessment of Compliance with the Statute)

If the application of a certain law of Brcko District affects the work of the District Prosecutor’s Office or is important for performance of its duties, the District Prosecutor’s Office may, in accordance with Article 40 of the Statute of Brcko District, initiate proceedings before the Courts of Brcko District in order to assess harmonization of such laws with the Statute of Brcko District.

 

Article 8

(Foundation)

Foundation, organization, jurisdiction and abolishment of the District Prosecutor’s office shall be exclusively determined by the law.

 

Article 9

(Name and Seat)

(1)          The full name of the Prosecutor’s Office shall be: Prosecutor’s Office of Brcko District of Bosnia and Herzegovina.

(2)          The seat of the District Prosecutor’s Office shall be in Brcko.

Article 10

(Seal of the Prosecutor’s Office)

The District Prosecutor’s Office shall have a seal in accordance with the appropriate law of Brcko District which shall contain the following text: “Bosnia and Herzegovina, Brcko District of BiH, Prosecutor’s Office of Brcko District of BiH”, in round print in Latin and Cyrillic alphabets and the coat of arms of Bosnia and Herzegovina shall be imprinted in the centre of the seal.

 

II GENERAL JURISDICTION AND AUTHORIZATIONS

Article 11

(Territorial Jurisdiction)

(1)          The District Prosecutor’s Office shall be founded and established with the jurisdiction over the territory of Brcko District.

(2)          In performance of its duties, the District Prosecutor’s Office shall participate in the proceedings before the Appellate Court of Brcko District of Bosnia and Herzegovina and before the Basic Court of Brcko District of Bosnia and Herzegovina.

 

Article 12

(Jurisdiction over Criminal Proceedings)

In performance of its basic duty of detecting and prosecuting perpetrators of crimes, the District Prosecutor’s Office shall conduct investigation, issue and represent indictments, submit legal remedies and perform other duties authorized by law.

 

Article 13

(Cooperation with Public Attorney’s Office)

If a crime has jeopardized or damaged property or property interests of Brcko District, the District Prosecutor’s Office shall inform about it the Public Attorney’s Office of Brcko District of BiH immediately upon the confirmation of indictment or other decision pursuant to which the investigation shall be concluded.

 

Article 14

(Prosecutorial Function)

(1)          The function of the District Prosecutor’s Office shall be exercised i.e. performed by the Chief Prosecutor of the District Prosecutor’s Office (hereinafter: the Chief Prosecutor), Deputy Chief Prosecutor of the District Prosecutor’s Office (hereinafter: the Deputy Chief Prosecutor) and Prosecutors of the District Prosecutor’s Office (hereinafter: the Prosecutors).

(2)          The Chief Prosecutor, Deputy Chief Prosecutor and the Prosecutors shall be elected, appointed and dismissed by the High Judicial and Prosecutorial Council of Bosnia and Herzegovina.

 

Article 15

(Application of other Laws)

Requirements and mandate, appointment of the Chief Prosecutor, Deputy Chief Prosecutor and the Prosecutors, their disciplinary accountability, temporary suspension from duties until completion of criminal proceedings, disciplinary proceedings or dismissal proceedings, incompatibility of Prosecutorial duties with other duties, immunity in performance of duty, termination of performance of duty, determination of criteria for performance evaluation, determination of number of Prosecutors and Deputy Chief Prosecutors shall be stipulated by the Law on High Judicial and Prosecutorial Council of Bosnia and Herzegovina (“The Official Gazette of BiH”, No: 25/04).

 

Article 16

(The Prosecutor’s Office Collegiate Body)

When the law and internal enactment of the District Prosecutor’s Office stipulates that certain duties shall be carried out by the District Prosecutor’s Office Collegiate Body, then that Collegiate Body shall be composed of the Chief Prosecutor, Deputy Chief Prosecutor and the Prosecutors.

 

Article 17

(Accountability for Damage)

(1)          The Brcko District shall be accountable for the damage that the Chief Prosecutor, Deputy Chief Prosecutor or a Prosecutor caused to a physical or legal person by their illegal and incorrect actions during performance of their official duties.

(2)          Brcko District may request the Chief Prosecutor, Deputy Chief Prosecutor or a Prosecutor to compensate for the paid damage only if the damage has been caused purposely or due to utter negligence.

(3)          Reimbursement request for the compensation referred to in Paragraph 2 of this Article shall reach the statute of limitations within six months from the date when the compensation amount is paid.

 

III DUTIES AND RESPONSIBILITIES OF THE PROSECUTORS AND STAFF

Article 18

(Personal Characteristics of the Prosecutors)

(1)          The Chief Prosecutor shall uphold integrity, independence and professionalism of the District Prosecutor’s Office.

(2)          In all official and private activities the prosecutorial function holders shall abide by and support the rule of law, prevent suspicion of their inappropriate behavior and proceed in a way that ensures the confidence of public in the integrity, independence and professionalism of the District Prosecutor’s Office.

 

Article 19

(Financial Disclosure)

The Chief Prosecutor, Deputy Chief Prosecutor and Prosecutors shall submit to the District Assembly their annual financial disclosure statements on their total incomes, sources, assets and liabilities as well as on incomes, sources, assets and liabilities of the close family members up to the first degree and the manner in which they acquired possession of them.

 

Article 20

(Conflict of Interest)

(1)          The Prosecutors may form professional association.

(2)          The Prosecutors may not be members of political parties or support political candidates or platforms of political parties or in any way be involved in a political activity.

(3)          The Prosecutors may not perform any other duty in public or private sector or do any other job during their term of office.

 

Article 21

(Communication with Court and Clients)

All employees of the District Prosecutor’s Office shall display dignity, kindness and patients in communication with Court, clients, witnesses and lawyers as well as with all other persons with whom they communicate in performance of their duties.

 

Article 22

(Confidentiality of Work)

(1)          All employees of the District Prosecutor’s Office shall keep as official secret all pieces of information they collected in performance of their duties except for the information that has been presented during public hearing or other hearing which is public in accordance with the law.

(2)          The obligation of keeping the official secret shall last even after their termination of work in the District Prosecutor’s Office.

 

Article 23

(Accountability for Supervision)

The Chief Prosecutor shall undertake appropriate measures in order to ensure that all employees of the District Prosecutor’s Office respect the rule of law standards, diligence and professionalism in performance of their official duties.

 

IV INTERNAL ORGANIZATION AND OPERATONS

Article 24

(Management and Jurisdiction of Prosecutors)

(1)          The District Prosecutor’s Office as an institution shall be represented by and its operations shall be managed by the Chief Prosecutor.

(2)          The Deputy Chief Prosecutor and Prosecutors shall perform duties and tasks entrusted to them by the Chief Prosecutor and shall report to the Chief Prosecutor regarding performance of those duties.

(3)          The Deputy Chief Prosecutor and Prosecutors in individual cases they act upon, may conduct every activity in proceedings before the Court, other bodies or institutions for which the Chief Prosecutor is authorized by law.

 

Article 25

(Management in Absence of the Chief Prosecutor)

(1)          When the Chief Prosecutor is absent or unable to manage the work of the District Prosecutor’s Office, he/she shall be deputized by the Deputy Chief Prosecutor.

(2)          If the Chief Prosecutor and Deputy Chief Prosecutor are absent or unable to manage the work of the District Prosecutor’s Office at the same time they shall be deputized by the Prosecutor who has the longest total working experience as a holder of any judicial function.

(3)          If the Chief Prosecutor and the Deputy Chief Prosecutor are absent or unable to perform their duties at the same time in the period exceeding six months, the High Judicial Prosecutorial Council of Bosnia and Herzegovina shall appoint acting Chief Prosecutor.

 

Article 26

(Binding Instructions)

(1)          The Chief Prosecutor shall have the right and duty to issue binding instructions to the Deputy Chief Prosecutor and the Prosecutors with regard to their work and in addition to that, he/she may as well do the following:

  1. take over all or certain activities within the scope of work of the Deputy Chief Prosecutor or the Prosecutors,
  2. authorize the Deputy Chief Prosecutor or a Prosecutor to be in charge of certain cases within the scope of work of another Prosecutor,
  3. authorize a Prosecutor to be in charge of individual cases within the scope of work of the Deputy Chief Prosecutor,
  4. authorize Deputy Chief Prosecutor or a Prosecutor to undertake certain activities within the scope of work of another Prosecutor,
  5. authorize a Prosecutor to undertake certain activities within the scope of work of the Deputy Chief Prosecutor.

 

Article 27

(General and Individual Instructions)

(1)          In terms of this Law, binding instructions for the work of the Deputy Chief Prosecutor and Prosecutors shall entail instructions of general nature relating to the work and activities as well as instructions for undertaking specific measures and activities in certain cases.

(2)          The Chief Prosecutor shall issue compulsory work instructions of general nature in accordance with the Book of Rules on Internal Organization and Operations and the Book of Rules on Labor.

 

Article 28

(Judicial Clerks and Interns)

The District Prosecutor’s Office shall employ a certain number of judicial clerks and interns in order to assist the prosecutorial function holders in the performance of legal duties.

 

Article 29

(Authorizations of Judicial Clerks)

(1)          A law university graduate who passed the bar exam may serve as a judicial clerk in the District Prosecutor’s Office.

(2)          The Judicial Clerk shall conduct legal research, draft proposal of decisions, resolutions, orders and letters as well as other similar duties and tasks under supervision and instructions of the Chief Prosecutor, Deputy Chief Prosecutor or Prosecutors.

 

Article 30

(Internship)

(1)          A citizen of Bosnia and Herzegovina who holds a law degree and who meets general requirements for employment in the state bodies may be employed as an intern.

(2)          Interns shall be gradually tasked with various types of duties in order for them to acquire necessary practical experience in all fields of work in the District Prosecutor’s Office both in prosecutorial and administrative positions.

(3)          Interns shall be employed for a definite period of time which cannot exceed two years until they meet requirements for taking the bar exam.

(4)          Interns may, at a certain point of their service, be sent to work in the Basic or Appellate Court of Brcko District of Bosnia and Herzegovina.

(5)          The structure of the interns’ training, time they shall spend in individual institutions of the Brcko District Judiciary, duties they shall be performing during their internship, monitoring of their training and similar provisions on internship shall be regulated by the Judicial Commission of Brcko District of BiH in a separate Book of Rules.

 

Article 31

(Book of Rules on Internal Organization)

(1)          More detailed provisions on internal organization and work of the District Prosecutor’s Office, number of servants and employees required for performance of everyday duties and criteria for performance of those duties shall be regulated in the Book of Rules on Internal Organization and Operations.

(2)          The Book of Rules referred to in Paragraph 1 of this Article shall be passed by the Chief Prosecutor with obtained positive opinion of the Judicial Commission of Brcko District of BiH and an approval of the Book of Rules by the High Judicial and Prosecutorial Council of BiH.

 

Article 32

(Appropriate Application of Other Regulations)

(1)          Appropriate regulations which are applied in Brcko District and which relate to management and responsibility of officials shall accordingly be applied also to the Chief Prosecutor, Deputy Chief Prosecutor and the Prosecutors  if not otherwise stipulated by this Law.

(2)          Appropriate regulations applied in Brcko District relating to employment in administrative bodies and employees’ rights and duties shall accordingly be applied also to the employment in the District Prosecutor’s Office if not otherwise stipulated by this or other separate law.

 

Article 33

(Records)

(1)          The District Prosecutor’s Office shall keep records of all cases it receives and in which acts upon.

(2)          When a case is received by the District Prosecutor’s Office it is entered in an appropriate Registry – log book which shall, inter alia, contain minimum the following data, if they are known:

  1. forename and surname of a person against whom the criminal charges have been filed
  2. citizenship of the accused
  3. address of the accused
  4. date of commission of a crime
  5. legal classification of a crime
  6. respective provisions of the Criminal Code
  7. Prosecutor’s Office document reference number
  8. date of registration in the Prosecutor’s Office.

(3) The Chief Prosecutor shall more thoroughly determine administrative details on keeping the Registry – log book.

 

V TRANSPARENCY OF WORK

Article 34

(Reporting to the Assembly of Brcko District)

(1)          In performance of its duties the District Prosecutor’s Office shall have the right and duty, at its own initiative or at the request, to report to the Assembly of Brcko District of BiH, on its work as well as on the application of the Criminal Code in Brcko District, crime rates and trends and progress in resolving cases.

(2)          The Assembly of Brcko District of BiH shall acknowledge the presented report with possible suggestions and recommendations of general nature for improvement of work of the District Prosecutor’s Office.

 

Article 35

(Informing the Public)

(1)          The District’s Prosecutor’s Office may inform the public on the crime rates in Brcko District as well as on other occurrences and problems of general public importance through media or in other appropriate manner.

(2)          Within the scope of work determined by the law and pursuant to the interests of the proceedings, the District Prosecutor’s Office may inform the public on individual cases in which it acts upon, if such information is of interest to the public and under the condition it is governed by the interests of righteousness, abiding by the presumption of innocence and limitations to providing such information stipulated by the law, taking into consideration the standards stipulated in Article 6 (1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

 

Article 36

(Contents of the Work Report)

As a part of the annual work report, at the end of each calendar year, the Chief Prosecutor shall draft a statistic overview of the District Prosecutor’s Office work which shall obligatorily contain but shall not be limited to:

1.      number of received cases during the reporting period,

2.      pending and resolved cases according to the types of registries being kept,

3.      manners of conclusion of cases

4.      the structure of cases in which the verdict was reached by types of Court Rulings

5.      assessment of the security situation based on the crime rates in Brcko District.

Article 37

(Authorizations for Informing the Public)

(1)          The Chief Prosecutor, and in his/her absence a person that is deputizing for him/her pursuant to this Law, shall provide information on activities of the District Prosecutor’s Office to the public.

(2)          Every physical and legal person shall be entitled to have access to information under District Prosecutor’s Office control and the District’s Prosecutor’s Office shall have an obligation to publish such information in accordance with the procedure and with possible limitations as stipulated by the separate Law on Freedom of Access to Information.

 

VI FINANCING

Article 38

(Resources)

(1)          Brcko District shall to provide necessary financial and every other support in order to ensure undisturbed and proper functioning of the District Prosecutor’s Office.

(2)          The District Prosecutor’s Office shall have clearly earmarked and presented share within the budget of the Brcko District.

 

Article 39

(Preparation and Execution of the Prosecutor’s Office Budget)

(1)          In the prescribed procedure for the budget adoption, the Chief Prosecutor shall draft an initial proposal of the budget of the District Prosecutor’s office which shall then be submitted to the High Judicial and Prosecutorial Council of BiH for their information and possible opinions and recommendations as well as to the Judicial Commission of Brcko District of Bosnia and Herzegovina for the establishment of final proposal of the budget for the District Prosecutor’s Office.

(2)          The Chief Prosecutor shall be entitled to attend sessions of the Brcko District of BiH Assembly and its respective bodies (boards, committees etc.) and represent the proposed budget whenever there is a discussion and decision-making on budgetary issues relating to the District Prosecutor’s Office.

(3)          The Chief Prosecutor shall be competent and responsible for budget execution.

 

Article 40

(Salary and Other Incomes of the Prosecutor)

(1)          The Chief Prosecutor, Deputy Chief Prosecutor and the Prosecutors shall be entitled to salary which corresponds to the prosecutorial position to which they have been selected, as well as to other compensations and personal incomes pursuant to a separate law.

(2)          The Chief Prosecutor, Deputy Chief Prosecutor and Prosecutors shall be entitled to pension, invalid and health insurance and rights stemming from them according to the general rules and the right to a paid vacation and absence under the same terms as those for all employees in Brcko District pursuant to a separate law.

 

Article 41

(Ban on Reduction of Compensations)

Salaries, benefits and other compensations of the Chief Prosecutor, Deputy Chief Prosecutor and Prosecutors cannot be reduced during their term.

 

VI TRANSITIONAL AND FINAL PROVISIONS

Article 42

(Change and Interpretation of Terms)

Duties, rights and obligations defined by the previous law for the Public Prosecutor, Principal Deputy Public Prosecutor and Deputy Public Prosecutors, pursuant to the change in terminology stemming from this Law shall constitute duties, rights and obligations of the Chief Prosecutor, Deputy Chief Prosecutor and the Prosecutors.

 

Article 43

(Probationary Appointment)

The Prosecutors who were, in accordance with the previously effective Law, appointed as Deputy Prosecutors for probationary period of 1 year, upon this law enters into force shall be considered permanently appointed i.e. appointed for indefinite term.

 

Article 44

(Bylaws)

The bylaws required for implementation of this Law shall be passed or the currently existing ones harmonized with this law by the Judicial Commission of Brcko District of BiH or the Chief Prosecutor within six months from the date this Law enters into force and until that time the currently effective enactments shall be applied provided they are not contrary to this Law.

 

Article 45

(Cessation of the Previously Effective Law)

Upon this law enters into force, the Law on Prosecutor’s Office of Brcko District of Bosnia and Herzegovina (“The Official Gazette of Brcko District of BiH”, No. 4/00, 1/01 and 5/01) shall cease to apply.

Article 46

(Publishing and Entering Into Force)

This law shall enter into force and shall be applied on the eighth day from the date of its publishing in the “Official Gazette of Brcko District of BiH”.

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]]> LAW

ON COURTS OF BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

I     GENERAL PROVISIONS

Article 1

(Contents of the Law)

This law shall regulate general jurisdictions, organization of courts, internal organization, jurisdiction, disqualification of judges and servants, publicity of work, financing of courts and other issues significant for functioning of the courts of Brcko District of Bosnia and Herzegovina (hereinafter: the Courts).

 

Article 2

(Judicial Authority)

The Basic Court of Brcko District of Bosnia and Herzegovina (hereinafter: the Basic Court) and the Appellate Court of Brcko District of Bosnia and Herzegovina (hereinafter: the Appellate Court) shall carry out judicial authority in Brcko District of Bosnia and Herzegovina.

 

Article 3

(Independence)

(1)          The Courts shall be independent and autonomous from the legislative and executive authority.

(2)          The District Courts shall rule impartially and in accordance with the decisions of the Arbitral Tribunal for Dispute over Inter-Entity Boundary in Brcko Area and Supervisory Orders passed in accordance with the mentioned decisions, the Constitution and laws of BiH, the Statute and laws of Brcko District of BiH.

(3)          No one shall influence the independence and impartiality of a judge while ruling in cases that have been assigned to him/her.

(4)          In their work the Courts shall act independently and impartially, timely and efficiently.

 

Article 4

(Establishing of Courts)

The Courts shall be established and abolished by law.

 

Article 5

(Protection of Rights)

(1)          The Courts shall protect rights and freedoms guaranteed by the Constitution of Bosnia and Herzegovina, laws of Bosnia and Herzegovina, laws and the Statute (hereinafter: the Statute) of Brcko District of Bosnia and Herzegovina.

(2)          In the proceedings they conduct in accordance with law the Courts shall protect rights granted by the European Convention on Human Rights and Basic Freedoms in accordance with the procedures foreseen in the District laws. When dealing with cases related to accusations of violation of those rights and freedoms, the District Courts shall consider the case law of the European Court for Human Rights.

 

Article 6

(Constitutionality and Legality)

(1)          The District Courts shall have jurisdiction to decide whether any provision of any District law, by-law or rulebook is in conformity with decisions of the Arbitral Tribunal for Dispute over Inter-Entity Boundary in Brcko Area or accordingly passed Supervisory Orders, the Constitution of Bosnia and Herzegovina, the Statute or laws of Bosnia and Herzegovina applied in the District.

(2)          To the extent that laws, by-laws or rulebooks have legal effect in the District, the District Courts shall have jurisdiction to decide whether any provision of any Entity law, by-law or rulebook or law, by-law or rulebook of Bosnia and Herzegovina is in conformity with decisions of the Arbitral Tribunal for Dispute over Inter-Entity Boundary in Brcko Area or accordingly passed Supervisory Orders, the Constitution of Bosnia and Herzegovina, or the Statute.

(3)          The District Courts shall have jurisdiction to decide whether any decision or resolution of the Assembly is in conformity with the decisions of the Arbitral Tribunal for Dispute over Inter-Entity Boundary in Brcko Area or accordingly passed Supervisory Orders, the Statute, the Constitution of Bosnia and Herzegovina, laws of Bosnia and Herzegovina applied in the District or the District laws.

(4)          The District Courts shall have jurisdiction to decide whether any legal document of any District institution or any legal document of any institution of Bosnia and Herzegovina or any Entity institution with legal effect in the District is in conformity with the decision of the Arbitral Tribunal for Dispute over Inter-Entity Boundary in Brcko Area or accordingly passed Supervisory Orders, the Constitution of Bosnia and Herzegovina, the Statute, laws of Bosnia and Herzegovina applied in the District, laws of appropriate Entity or a District law. When it comes to individual legal documents it may be foreseen in the District laws that the administrative dispute proceeding must be completed prior to the District Courts’ taking over the jurisdiction provided in this paragraph.

(5)          The Courts may initiate an assessment procedure of constitutionality of District laws in relation to appropriate provisions of the Constitution and laws of Bosnia and Herzegovina, and in accordance with Article 6, Paragraph 3, Item c of the Constitution Bosnia and Herzegovina.

 

Article 7

(Reconsideration of Court Decisions)

Only a competent court may reconsider court decisions on the basis of legal remedies in a legally prescribed procedure.

Article 8

(Binding Character of Court Decisions)

Decisions of all courts in Bosnia and Herzegovina shall be binding for the courts of Brcko District of Bosnia and Herzegovina.

 

Article 9

(Publicity and Transparency)

(1)          The work of the Courts shall be public unless otherwise determined by law.

(2)          Transparency of work of a court shall be provided through public hearings before the Courts, publishing the composition of the court, informing the public about the course of a court proceedings under conditions stipulated by law. Transparency may also be achieved by publishing court decisions and other information of interest to the public.

 

Article 10

(Composition of the Courts)

(1)          The Courts shall try as single judges or panels of judges, and in certain legally stipulated cases professional assistants may also try.

(2)          All first instance cases shall be tried by a single judge, and a panel of 3 (three) Basic Court judges shall try in criminal cases for which a prescribed time of imprisonment exceeds 10 (ten) years.

(3)          The composition of a panel shall be determined by law.

(4)          A judge who tried during the first instance proceedings may not participate in appeal proceedings of the same case.

(5)          Unless otherwise prescribed by law, a panel of 3 (three) Appellate Court judges shall decide on regular and extraordinary legal remedies filed against Basic Court decisions.

 

Article 11

(Official Languages)

(1)          The official languages spoken in the Courts shall be the languages of Serb, Bosniak and Croat peoples, and Latin and Cyrillic shall be the official alphabets.

(2)          The Court shall conduct proceedings and render decisions in the language spoken by a judge in charge of the proceedings or in the language determined by the Panel Chair, providing that a party, at his or her request, may be provided a translation during a hearing or a translation of the court decision in the language the party speaks during the proceedings, where in criminal proceedings the Court shall cover the expenses and in all other proceedings the expenses shall be covered by the party. Parties may submit written petitions to the Court in any of the official languages.

 

Article 12

(Official Identity Cards)

(1)          Judges shall be issued official identity cards.

(2)          A special rulebook of the High Judicial and Prosecutorial Council shall regulate the form and appearance of the official identity card, and it shall be issued by the Judicial Commission of Brcko District of Bosnia and Herzegovina (hereinafter: the Judicial Commission).

 

Article 13

(Judges’ Toga)

(1)          Judges shall wear togas during trials and public announcement of decisions.

(2)          A special rulebook of the High Judicial and Prosecutorial Council shall regulate the appearance of the toga, and the Judicial Commission shall provide for its fabrication and distribution.

 

Article 14

(Affiliation Symbols)

Judges shall not display symbols of religious, political, national or other affiliation, neither shall such symbols be displayed anywhere inside the Court premises.

 

Article 15

(Seal)

(1)          The Courts shall have a seal in accordance with law.

(2)          The Basic Court shall have a round seal with the following round print in Latin and Cyrillic letter: “Bosnia and Herzegovina, Brcko District of BiH, Basic Court”, and in its middle a coat-of-arms of Bosnia and Herzegovina shall be impressed.

(3)          The Appellate Court shall have a round stamp with the following round print in Latin and Cyrillic letters: “Bosnia and Herzegovina, The Brcko District of BiH, The Appellate Court”, and in its middle a coat-of-arms of Bosnia and Herzegovina shall be imprinted.

Article 16

(Cooperation and Legal Assistance)

(1)          The Courts shall be obliged to mutual cooperation, cooperation with the state bodies and foreign courts.

(2)          In matters within their jurisdiction the Courts shall render legal assistance to other courts in Bosnia and Herzegovina and abroad in accordance with law and international agreements.

(3)          The Courts shall be authorized to request other state bodies to submit them information necessary for conducting court proceedings. State bodies shall be obliged to submit their reply in a timely manner and act in accordance with the request of the Courts.

(4)          The Courts shall be obliged to inform the Public Attorney’s Office of Brcko District of BiH if during proceedings they establish that it is necessary to undertake measures for protection of rights and interests of the District or other institutions that, according to law, are to be represented by the Public Attorney’s Office.

 

II ORGANIZATION AND JURISDICITON OF THE COURTS

1. Organization of the Courts

Article 17

(Courts in Brcko District of Bosnia and Herzegovina)

The Courts in Brcko District of Bosnia and Herzegovina shall be the Basic and Appellate Courts.

 

Article 18

(Basic Court)

       The Basic Court shall be established for the area of the District in accordance with the Statute.

Article 19

(Appellate Court)

         The Appellate Court shall be established for the area of the District in accordance with the Statute.

 

Article 20

(Discharge of Duties Within and Outside a Court’s Seat)

(1) The Courts shall discharge duties within their jurisdiction within their seat, the town of Brcko.

(2) The Courts may also discharge duties within their jurisdiction outside their seat for reasons of efficiency, reduction of costs or other practical purposes.

 

2. Substantive Jurisdiction

Article 21

(Basic Court)

The Basic Court shall have jurisdiction:

01.In criminal cases to:

a) try in the first instance:

  • all criminal acts;
  • all criminal acts the jurisdiction of which the Court of Bosnia and Herzegovina transferred to the Basic Court;

b) act during investigation and after raising indictment in accordance with law;

c) decide on revoking a ruling and cessation of security measures and legal consequences of a ruling, based on the Court’s decision;

d) act upon petitions for pardon in cases within its jurisdiction in accordance with law.

02.In minor offence cases to:

  • undertake all legally prescribed actions in resolving minor offence cases;
  • undertake legally prescribed actions in implementing pronounced minor     offence sanctions.

03.In civil cases to try in the first instance:

  • all civil disputes;
  • out-of-court proceedings
  • administrative disputes
  • all economic disputes;
  • bankruptcy and liquidation proceedings, in accordance with law, as well as all proceedings arising during and due to conducting of bankruptcy and liquidation proceedings;
  • disputes about assessment of constitutionality, compliance with the Statute and legality.

04.In other cases to:

a)    conduct enforcement procedure;

b)    determine security measures if not otherwise determined by law;

c)     rule in special proceedings if not otherwise determined by law;

d)    conduct land-book affairs if not otherwise determined by law;

e)    render legal assistance to courts in BiH;

f)       render international legal assistance;

g)    keep register of legal entities if that is determined by law;

h)     act upon requests for exercising right to legal aid in accordance with Article 13 -21 of the Law on Legal Aid Agency of Brcko District of BiH;

i)       discharge other duties determined by law.

 

Article 22

(Appellate Court)

(1)          The Appellate Court shall have jurisdiction to decide on:

  • regular legal remedies submitted against the Basic Court decisions;
  • extraordinary legal remedies submitted against valid court decisions.

(2)          Judges who took part in ruling upon an appeal shall not participate in deciding on extraordinary legal remedies.

 

Article 23

(Law Constitutionality Assessment)

The Courts may institute a law constitutionality assessment with the Constitutional Court in accordance with the Constitution and appropriate rules which regulate this procedure before the Constitutional Court.

 

III INTERNAL ORGANIZATION OF THE COURTS

Article 24

(Exercise of Court Function)

The President, judges, servants and employees shall discharge duties within the jurisdiction of the Court.

 

Article 25

(Court President)

(1)          The Court President shall be responsible for management and supervision of the overall work of the Court and court administration.

(2)          The President shall represent the Court before other bodies and organizations.

(3)          The President may transfer some of his/her competencies to judges or court servants, except for supervision of the work of judges.

(4)          The Court President shall appoint another judge to discharge duties of the President of the Court during his or her absence.

 

Article 26

(Duties of the Court President)

(1)          The Court President shall assign cases to judges and panels. If there is no basis for an disqualification, prescribed by Article 43 of this Law and determined in separate laws, a case assigned to a certain judge, i.e. panel may be assigned to another judge, i.e. panel only for a justified reason.

(2)          The President shall be obliged to maintain the integrity, independence or professionalism in the work.

(3)          The President shall be obliged to issue general instructions to servants and employees in carrying out their duties and responsibilities.

(4)          The President shall be obliged to organize the work and ensure that the Court employees respect the law, perform their job conscientiously and without prejudice.

(5)          The Court President, and in his/her absence a person who according to this law acts as his/her replacement, shall inform the public about the work of the Court.

 

Article 27

(Court Secretary)

The Basic and Appellate Courts shall have a Secretary whose title is “The Secretary of the Court of Brcko District of Bosnia and Herzegovina”.

 

Article 28

(Qualifications and Work Experience of the Court Secretary)

A graduate lawyer, who passed the bar exam and who has at least 2 (two) years of experience in legal affairs, after passing the bar exam, may be employed as the Court Secretary.

 

Article 29

(Court Secretary’ Duties)

(1)          The Court Secretary shall be responsible to the Court President for the performance of his or her duties.

(2)          The Court Secretary shall be responsible for proper and timely performance of administrative duties in the Basic and Appellate Courts, and shall work under the management of the Appellate Court President.

(3)          The Judicial Commission shall appoint and dismiss the Court Secretary.

 

Article 30

(Court Departments)

Court departments may be founded with the Courts for the purpose of deciding on issues from the same legal area.

 

Article 31

(General Panel)

(1)          The general panel shall be composed of all judges of the respective court.

(2)          The general panel shall be convened and run by the Court President.

(3)          The general panel shall be convened at times foreseen by the rules of the Court.

(4)          For its decisions to be valid at least two thirds of judges shall be present at the general panel and the decisions shall be passed by the majority vote of present judges.

 

Article 32

(Collegiate Body of Judges)

In cases when a law or an internal act of the Court prescribe that decisions on certain issues within the Courts’ jurisdiction shall be passed by the collegiate body of the Court, then such a collegiate body shall consist of the President, judges and the Secretary.

 

Article 33

(Regulations on Internal Organization and Court Operation)

(1)          The High Judicial and Prosecutorial Council shall pass the Rulebook on the Court Operation which shall regulate internal operation of the Court and its organizational units.

(2)          The Court President shall enact the Rulebook on Internal Organization of the Court and Systematization of Work Posts with the consent of the Judicial Commission of Brcko District of BiH.

(3)          Upon granting the consent, the Court President shall submit the Rulebook on Internal Organization of the Court and Systematization of Work Posts to the High Judicial and Prosecutorial Council of BiH.

 

IV JUDICIAL ADMINISTRATION

Article 34

(Monitoring the Work of the Courts)

(1)          The High Judicial and Prosecutorial Council shall monitor the implementation of this Law and other regulations relating to organization and work of the Courts and work on managing the Courts and court administration.

(2)          The Courts shall be obligated to submit all required data to the High Judicial and Prosecutorial Council.

 

Article 35

(Statistical Data)

The Judicial Commission shall review statistical and other data it needs for discharging of duties regarding the budget as well as duties towards the Statistics Bureau of Brcko District of BiH. The Courts shall submit these data to the Judicial Commission upon request.

 

Article 36

(Work Reports)

(1)          At the end of each calendar year the court shall submit an annual report on its work to the High Judicial and Prosecutorial Council of BiH, in accordance with the submitted forms.

(2)          At the end of each calendar year the court shall submit a report on its work to the Judicial Commission of Brcko District of BiH, and the Basic Court shall every six months submit a report on its work to the Appellate Court, and the report shall obligatorily as a minimum contain the following:

-         number of cases transferred to the reporting period, number of received, resolved and unresolved cases in the reporting period,

-         number of resolved cases per divisions and judges,

-         quality of decisions.

 

Article 37

(Information Technology)

Only with a prior approval of the High Judicial and Prosecutorial Council, the court may introduce a computer or automated system of tracking and registration of cases, or a similar system.

V JUDGES

Article 38

(Implementation of Other Regulations)

(1)          Provisions of the Law on High Judicial and Prosecutorial Council prescribed the conditions and term for exercising the duty of a judge, appointment of judges, disciplinary accountability of judges, temporary removal of judges from office, incompatibility of the duty of a judge with other duties, the end of term of judges, immunity in performing duties, establishment of criteria for assessing the work of judges.

(2)          Relevant regulations applied in Brcko District of BiH and relating to the employment and legal status of members of the Government shall be accordingly applied to judges unless prescribed otherwise by this Law, the Law on High Judicial and Prosecutorial Council of BiH and the Law on Salaries and Other Compensations for Judges and Prosecutors of Brcko District of BiH.

 

Article 39

(Appointment of Judges)

The President and judges shall be appointed and dismissed by the High Judicial and Prosecutorial Council of BiH.

 

Article 40

(Personal Qualities of a Judge)

In all official and private activities, a judge’s duty shall be to respect and support the rule of law, avoid appearance of impropriety, and act in a manner that promotes public confidence in the integrity, independence and professionalism of the court.

 

Article 41

(Conflict of Interests)

(1)   Judges may establish professional associations.

(2)   Judges may not be members of political parties, support political candidates or platforms of political parties, or in any way be involved in a political activity.

(3)   Judges may not discharge any other duty in public or private sector during their term, neither can they perform any other work.

 

Article 42

(Evaluation)

(1)   Judges shall be evaluated once a year.

(2)   The Court President shall evaluate judges. The President of the Appellate Court shall evaluate the President of the Basic Court, and the High Judicial and Prosecutorial Council shall evaluate the President of the Appellate Court.

 

Article 43

(Disqualification of Judges)

(1)                    A judge shall be disqualified in the following cases:

  1. if he is a party in the case;
  2. has a joint title, joint obligation or regressive obligation in relation to a party in the case;
  3. has a vested interest in the outcome in the case, directly or indirectly;
  4. if he has a familial relation to any of the parties, either by blood or marriage.  This  includes, but is not limited to:
    (a) those in direct line of ascent or descent
    (b) those in collateral line such as siblings;
  5. if he has or has previously had a close ongoing relationship with one of the parties;
  6. if he is or has been a guardian of anyone who is a party in the case;
  7. if he has previously acted in the case for either party in a role other than judge;
  8. if he is related by blood or marriage to anyone who acts in the case for a party or for the prosecuting authority or the injured party;
  9. if he has previously had something to do with the case while acting in a different capacity;
  10. if he is related by blood, marriage, or engagement to anyone who is involved in the case.

(2)                    Anyone who participates in a case as a judge may not be an expert in the case.

(3)                    A judge may not be a witness in a case. Should it be established that the judge has relevant information in relation to the ongoing case, he shall be disqualified from further official judicial duties in the case and be directed to present the evidence in his possession to the relevant court.

(4)                    A judge may not participate in a case where circumstances exist which serve to weaken confidence in his impartiality. This part of the Law shall be given special attention if a party in the case makes a demand to the court to disqualify a judge on the basis of this Law.

(5)                 Judges shall request their disqualification from participating in a case if a person would reasonably question their impartiality in the matter.

 

Article 44

(The Procedure of Disqualification of a Judge or a Member of a Panel)

(1)                    If a judge finds there are circumstances entitling the parties to request his disqualification, he shall immediately make a full disclosure of the circumstances to the parties.

(2)                    Before proceeding in a case the presiding judge shall inform the parties of the disqualification standards set forth in Article 43 of this Law.

(3)                    No judge may decide, when challenged, whether he is to be disqualified.

(4)                    If the question of disqualification or recusal is raised prior to the commencement of proceedings, the issue must be decided immediately by the Court President.

(5)                    The Court President shall decide on disqualification of judges. The President of the Appellate Court shall decide on disqualification of the President of the Basic Court, and the General Panel of the Appellate Court shall decide on the disqualification of the President of the Appellate Court.

(6)                    There shall be no appeal against the decision adopting or rejecting a request for disqualification, but the decision rejecting the request for disqualification may be challenged by an appeal against the ruling.

 

Article 45

(Personal Records)

The court shall keep personal records for every judge and they contain personal data and data about the expertise of a judge as well as other data on the judge gathered in the court, in accordance with the law. The judge shall have the right to access his files and the right to ask for a correction if the data is inaccurate.

 

Article 46

(Obligation of Professional Training)

Judges shall have the obligation of professional training in accordance with the training program of the Judicial Commission of Brcko District of BiH and the Centre for Education of Judges and Prosecutors.

 

Article 47

(Financial Disclosure)

Judges of District Courts shall individually submit to the District Assembly their annual financial disclosure statements on their total income, sources, property and debts, as well as income, sources, property and debts of close family members up to direct line of ascent or descent, and the manner in which they obtained them.

 

VI SERVANTS AND EMPLOYEES OF THE COURT

Article 48

(Number and Qualifications of Servants and Employees of the Court)

(1)       The Judicial Commission shall set the criteria for determining the number of servants with legal expertise, and administrative, technical and other servants and employees needed for timely and efficient performance of the duty of a judge.

(2)       The number of servants and employees, their qualifications and other terms for employment shall, in every court, be separately determined by the Rules of Internal Organization and Systematization of Work Posts in accordance with an approximate assessment of the necessary number of judges.

 

Article 49

(Professional Assistants and Interns)

The Courts may hire certain number of professional assistants and interns and to admit for practice interns-volunteers.

 

Article 50

(Professional Assistants)

(1)   A graduate jurist who has passed the bar exam may be hired as a professional assistant in the court.

(2)   A professional assistant shall act and decide in first instance in certain out-of-court and executive matters and disputes of little merit awarded to him by the Court President.

(3)   A professional assistant shall assist the judge in matters requiring professional knowledge, analyze legal matters regarding judge’s work in particular cases, draft court decisions, maintain records on appeals, proposals, submissions and statements of parties, and shall perform other professional work prescribed by law, Rulebook on Court Affairs and other regulations, independently or supervised and instructed by a judge.

 

Article 51

(Interns)

(1)   A graduate jurist who meets general requirements for acquiring employee status in the bodies of the District or Bosnia and Herzegovina may be admitted for practice as a judicial intern.

(2)   Interns shall gradually be awarded different duties so that they could obtain necessary practical experience in all fields of work of the Courts in both judicial and administrative duties.

(3)   Interns shall be employed for a definite time period until they meet the requirements to take the bar exam, and the period shall not exceed two years.

(4)   The Judicial Commission shall prescribe the structure of training of interns, time they will spend in certain institutions of the Judiciary of Brcko District of BiH, duties they will perform during their internship, monitoring of their training and other provisions about their internship.

 

Article 52

(Interns-volunteers)

(1)     The Courts may admit for practice interns-volunteers.

(2)     The provisions of this Law relating to judicial interns shall accordingly be applied to interns-volunteers.

(3)     Interns-volunteers shall not be entitled to any compensation for their work during their practice, neither shall they be entitled to other labor rights, unless otherwise prescribed by law.

 

Article 53

(Administrative Duties Independently Performed by Other Servants of a Court)

Duties not necessarily performed by judges may be awarded to servants of the court performing administrative duties. Unless otherwise prescribed by law or other regulations, servants performing administrative duties may independently perform the following activities:

01.Certify signatures;

02.Issue notification on the basis of data from the court register;

03.Issue certificates on facts on which the court keeps records;

04.Make records or official notes of brief notifications of parties and other interested persons about change of address or temporary place of residence, or the date of receiving a court decision in cases when the note of delivery has not been returned to the court or it has but there is no date of delivery on the note;

05.Take appropriate measures for collection of fines and costs of proceedings;

06.Perform other duties and tasks assigned by the President or the Secretary of the Court.

Article 54

(Employment Rights)

The provisions of the Law on Servants and Employees of the Judiciary of Brcko District of BiH shall regulate the work and legal status of all court employees who are not judicial office holders, unless otherwise regulated by this Law.

Article 55

(Personal Records)

Personal records shall be kept for servants and employees of the court and they shall contain personal data, data about expertise and other data in accordance with the Law. Persons whose data are kept in personal records shall have the right to access their files and the right to ask for correction if the data is inaccurate.

 

Article 56

(Performance Evaluation of Servants and Employees)

(1)     Performance of servants and employees shall be evaluated annually.

(2)     The President of the Appellate Court shall evaluate the performance of the Secretary of the Court.

(3)     At the proposal of evaluated servant’s immediate supervisor, the President of the Court shall evaluate the performance of professional assistants and interns, and the Secretary of the Court shall evaluate the performance of other servants and employees.

 

Article 57

(Accountability)

Servants and employees shall be held accountable for violation of official duties and they may be subject to a disciplinary procedure in accordance with the Law and Book of Rules on Disciplinary Accountability of Employees in the Judiciary of Brcko District of Bosnia and Herzegovina.

 

Article 58

(Ban on Hiring Relatives)

(1)     Married couples, relatives in direct line of ascent or descent and in collateral line up to the second degree, shall not simultaneously be employed in the same court.

(2)     Provisions of Paragraph (1) of this Article shall not apply to servants and employees who were already employed at the time this Law entered into force.

 

Article 59

(Disqualification of a Servant of the Court)

The same disqualification standards prescribed in Article 43 above shall apply to court assistants-operators. The judge in charge of the proceedings shall decide on their disqualification.

 

Article 60

(Obligation of Professional Training)

Servants and employees shall have the obligation of professional training in accordance with the procedure prescribed by the Judicial Commission of Brcko District of BiH.

 

VII COURT INTERPRETERS AND EXPERTS

Article 61

(Appointment of Court Interpreters)

(1)     Upon consultations with the High Judicial and Prosecutorial Council, the Judicial Commission shall enact regulations on appointment, rights and duties of permanent court interpreters, and they shall be appointed and dismissed by Presidents of Courts.

(2)     Permanent court interpreters shall be appointed for a term of four years, and may be reappointed upon the expiration of their term.

(3)     If an applicant’s request for appointment to the position of permanent court interpreter is rejected, he shall have the right to file an appeal against the decision to the Judicial Commission within fifteen days after the decision was received.

(4)     The Courts shall use services of permanent court interpreters except in cases when there are no court interpreters for a specific language. In such cases, a court may use the services of a person fluent in the language which needs to be interpreted.

 

Article 62

(Appointment of Court Experts)

(1)     Permanent court experts with scientific, technical or similar specialized knowledge shall be certified by Presidents of Courts after they prove they possess the knowledge, skills, experience and education. A court may invite permanent court experts to perform expert services and to testify on their opinion thus helping the court in understanding the evidence and to determine disputable facts.

(2)     The applicant shall have the right to appeal to the Judicial Commission against the decision which rejects the application for the position of a court expert within fifteen days from the day of receiving such decision.

(3)     Permanent court experts shall be appointed for a term of four years, and may be reappointed upon the expiration of their term.

VIII OBLIGATIONS TOWARDS THE PUBLIC

Article 63

(Confidentiality)

Judges, servants and employees of the court shall have a duty to keep confidential any information they obtain in their work concerning the parties to proceedings and legal and factual circumstances of their case and they shall also keep confidential the data not accessible to the public.

Article 64

(Official and Business Secret)

(1)     Judges, servants and employees of the court shall have the duty to keep all official and business information confidential, regardless of the way they acquired it. The following shall particularly be considered as official and business secret:

  1. all data set as official, i.e. business secret by a law or other regulations,
  2. all data set as official i.e. business secret by general acts of state bodies, legal persons and other institutions,
  3. data and documents especially set as official, i.e. business secret by state bodies, legal persons and other institutions,
  4. data and documents set as official, i.e. business secret by the Court President.

(2)     Obligation to keep an official, i.e. business secret shall also remain after the cessation of employment in the Court.

(3)     The Court President may release a judge, i.e. servant and employee of the court from the obligation to keep an official, i.e. business secret  for justified reasons in certain cases.

 

Article 65

(Urgent Cases)

There shall be a judge or servant on duty in case of urgent cases out of working hours.

 

Article 66

(Freedom of Access to Court Files)

The public shall have the right to access court files and log books in accordance with law.

 

Article 67

(Damage Accountability)

(1)     Brcko District of BiH shall be held accountable for the damage the President, judges, servants and employees make to a natural or legal person during performance of their duties as a result of illegal or improper work.

(2)     Brcko District of BiH may request the President, judges, servants and employees to compensate the paid amount of the damage only if the damage was done intentionally or in severe negligence.

(3)     The request for compensation of the damage referred to in Paragraph 2 of this Article falls under the statute of limitations six month after the day the damage was paid for.

 

Article 68

(Complaints against the Work of Judges)

(1)   A complaint against the work of a judge shall be considered as disciplinary report and the court shall conduct a procedure pursuant to this report in accordance with the Law on High Judicial and Prosecutorial Council of BiH.

(2)   The procedure following a complaint against the work of a servant or employee shall be conducted in accordance with the procedure prescribed by the Law on Servants and Employees of the Judiciary of Brcko District of BiH.

 

IX SECURITY OF THE COURT

Article 69

(Court Police)

Court police, in accordance with relevant regulation about the court police, shall provide security of judges, servants and employees, as well as of citizens within the court building, the security of court buildings and premises, court order and execution of court orders.

 

X FINANCING OF WORK

Article 70

(Funds for Work of the Court)

(1)     Brcko District of BiH shall provide the necessary financial and any other support in order to ensure undisturbed and proper functioning of the Courts.

(2)     The Courts shall have clearly shown and separate part of the budget within the budget of the Judiciary of Brcko District of BiH.

 

Article 71

(Preparation and Execution of the Budget)

(1)     In accordance with the prescribed procedure for budget adoption the Presidents of Courts shall develop the initial proposal of the budget of the Basic and Appellate Courts which shall then be sent to the High Judicial and Prosecutorial Council of BiH for information and possible opinions and recommendations, as well as to the Judicial Commission of Brcko District of BiH for determining the final proposal of the part of the budget concerning Judiciary institutions of Brcko District of BiH.

(2)     The President shall have the right to attend Brcko District of BiH Assembly sessions and sessions of its bodies (boards, commissions, etc.) and to represent the proposed budget whenever there is a discussion or decisions are being made regarding budgetary issues relating to the Courts.

(3)     The Court President shall have competence and responsibility over budget execution.

 

Article 72

(Salaries and Other Incomes of Judges)

(1)     The Court President and judges shall have the right to salary corresponding to their judicial position, i.e. the position to which they were selected and the right to other compensations and personal income in accordance with a separate law.

(2)     The Court President and judges shall have the right to pension, disability and health insurance and rights stemming from those under general regulations, and the right to paid leave and absence under the same terms for all employees in Brcko District of BiH, in accordance with a separate law.

(3)     Salaries, benefits and other compensations to judges shall not be reduced during their term.

 

Article 73

(Donations)

(1)     In accordance with law, the court may receive donations in money, items and services on condition that their acceptance does not threaten or compromise the independence and impartiality of the court.

(2)     The Court President has to obtain approval from the High Judicial and Prosecutorial Council for every donation.

 

XI TRANSITIONAL AND FINAL PROVISIONS

Article 74

(By-Laws)

Within 6 (six) months from the day this Law enters into force, the Judicial Commission of Brcko District of BiH, i.e. the Court President shall enact by-laws needed for the implementation of this Law, or they shall harmonize the existing ones with this Law, and until then, the existing by-laws shall continue to be implemented, unless they are contrary to this Law.

 

Article 75

(Cessation of Legal Validity of Existing Regulations)

The Law on Courts of Brcko District of Bosnia and Herzegovina (“Official Gazette of Brcko District of BiH”, No. 4/00, 1/01, 10/01, 5/02, 6/02) shall cease to be legally valid in the territory of the District on the day this Law enters into force.

 

Article 76

(Entering Into Force)

This Law shall enter into force eight days after being published in the Official Gazette of Brcko District of Bosnia and Herzegovina.

]]> https://www.brckosupervizija.ba/web/?feed=rss2&p=501 0 Annex IV https://www.brckosupervizija.ba/web/?p=498 https://www.brckosupervizija.ba/web/?p=498#comments Tue, 26 Jun 2007 12:43:01 +0000 admin http://www.brckosupervizija.ba/web/?p=498 …
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]]> LAW

ON FINANCE DIRECTORATE OF BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

I BASIC PROVISIONS

Article 1

(Subject of the Law)

This Law shall serve to set up the Finance Directorate of Brcko District of BiH (hereinafter: the Directorate) and prescribe its establishing, organization, administering and competence.

 

Article 2

(Definition)

In terms of this Law the phrases used shall have the following meaning:

a)     Public revenues – shall refer to tax revenues and non-tax revenues, revenues from own sources, grants and other revenues mandatorily collected and deposited into and paid from the Single Account of the Treasury (hereinafter: the SAT).

b)     Investing of funds – shall denote depositing a part of funds available in the SAT, which are not required for executing budgetary commitments, with business banks.

c)     Budget – shall refer to the regulation of the Assembly of Brcko District of BiH (hereinafter: the Assembly) that governs the plan of financial activities, amounts of revenues and receipts, and of determined expenditures and other payments over a period of one fiscal year.

d)     General ledger of the Treasury – is a systematic record of transactions and business activities, revenues, expenditures, assets, sources of funds and liabilities of Brcko District of BiH (hereinafter: the District), which together with the SAT represents the basic system of managing public expenditures of the District.

e)     The SAT is an all-inclusive account of the Treasury that consists of deposit accounts, accounts for investing and protection of funds, transaction accounts and special purposes accounts, in which all financial operations are registered and which contains all budgetary funds.

 

II FINANCE DIRECTORATE

Article 3

(Status)

The Directorate shall be established as a body of public administration of the District, in accordance with the District Statute (hereinafter: the Statute).

 

Article 4

(Seat and Seal)

(1)     The seat of the Directorate shall be in the District.

(2)     The Directorate shall have a round seal containing the text: «Bosnia and Herzegovina Brcko District of Bosnia and Herzegovina» written in a circular way in Latin and Cyrilic alphabets, with words «Finance Directorate» written in the middle of the seal, in both alphabets.

(3)     More detailed provisions about the number, size, form, content and use of the seal shall be defined by enactment of the Directorate in accordance with the Law on Seal of Brcko District of Bosnia and Herzegovina.

 

Article 5

(Organization)

(1)     The Directorate shall consist of the following:

  1. Director’s Office
  2. Treasury
  3. Tax Administration

(2)     The Director’s Office shall consist of the Head of Office and expert advisers of the Director, whose competencies shall be stipulated by the Organizational Plan of the Directorate.

(3)     The Treasury shall be responsible for planning, execution, general ledger and control of the budget.

(4)     The Tax Administration shall be responsible for determining, control and collecting of tax revenues.

(5)     The scope of work, powers, responsibilities, as well as other issues of relevance for the functioning of the Treasury and the Tax Administration shall be regulated by separate laws.

 

Article 6

(Director)

(1)     The Directorate shall have the Director who shall be responsible for administering the Directorate.

(2)     The Director shall represent the Directorate.

(3)     The Director of the Directorate shall have the status of a civil servant holding managerial position and shall have executive authorities vested in him by the District laws.

 

Article 7

(Duties of the Director)

(1)     The Director of the Directorate shall ensure adequate imlementation of laws in the field of District finances.

(2)     The Director shall be responsible for providing statistical data to competent bodies, including the Statistics Agency of Bosnia and Herzegovina.

 

Article 8

(Responsibilities of the Director)

(1)     For his work the Director of the Directorate shall be responsible to the District Mayor (hereinafter: the Mayor) and the Assembly for proper managing and administering the Directorate.

(2)     The Director of the Directorate shall particularly be responsible for:

(a)     collecting of all revenues of the District,

(b)     investing the District’s funds,

(c)      delivering the proposals of annual budget in accordance with Mayor’s instructions,

(d)     anticipating and assessment of the District revenues as well as for submitting reports to the Assembly on availability of revenues for the annual budget of the District,

(e)     financial standing of the District.

 

Article 9

(Selecting and Appointing the Director)

(1)     The Director of the Directorate shall be appointed by the Mayor based on criteria of expertise and binding recommendation of an independent board for the selection of candidates in accordance with law.

(2)     The criteria for appointing the Director shall also include a requirement that the Director is expert in respective field and that he displayed high standards of honesty and integrity in discharging his duty.

 

Article 10

(Dismissal of the Director)

(1)     The employment of the Director of the Directorate shall be terminated in accordance with the Law on Civil Service in Administrative Bodies of Brcko District of BiH (hereinafter: the Law on Civil Service).

(2)     Upon termination of employment referred to in Paragraph (1) of this Article, the Treasury Director shall discharge the duties of the Director of the Directorate.

(3)     Discharging of duty referred to in Paragraph (2) of this Article shall not last more than 3 months.

 

Article 11

(Conflict of Interest)

The Director of the Directorate may not discharge any other function in public or private sector during the term of his appointment, neither may he be a member of a political party or in any way involved in a political activity, all in line with the Law on Civil Service.

 

III DIRECTORATE’S SCOPE OF WORK

Article 12

(Competence)

The competencies of the Directorate shall be the following:

a)  collecting and distributing public revenues of the District,

b)  implementing the policy in the field of the District finances,

c)      enacting implementing regulations in the field of finance and publishing it in the Official Gazette of Brcko District of BiH,

d)     implementation of laws and other regulations,

e)     giving opinions about the application of regulations in the field of finance,

f)        reporting to the Assembly on availability of revenues for the annual budget,

g)     participating in preparing a proposal of annual budget in coordination with the Deputy Mayor District,

h)      delivering reports on execution of the budget in accordance with the law, and for the needs of the Mayor,

i)        confirming availability of funds for all expenditures, transfers, investments and flow of the District funds in all accounts of the District,

j)        exercising other competencies in accordance with the Statute and the law.

 

Article 13

(Control)

(1)     The Directorate shall conduct control of expending and encumbering the District funds in accordance with the budget.

(2)     The Directorate may approve expenditures in accordance with the budget.

 

Article 14

(Budgetary Analysis)

(1)     The Directorate shall submit to the District Government (hereinafter: the Government) the budgetary analysis of draft laws and proposed decisions.

(2)     Budgetary analysis shall be submitted within 8 days from the day of receiving the request.

 

Article 15

(Amendments to the Budget)

(1)     The Directorate shall supervise collecting of revenues in the course of a fiscal year.

(2)     In the event that the actual revenues deviate from those planned by more than 10% in any anticipated period, the Directorate shall make a report about the causes and reasons of deviation that occurred.

(3)     The report shall be submitted to the Mayor in order to initiate the procedure of amending the budget.

 

Article 16

(Reporting)

At the end of every calendar year the Directorate shall submit to the Assembly an annual report on work of the Directorate and the Directorate’s work program for the following year.

 

IV TRANSITIONAL AND FINAL PROVISIONS

Article 17

(Audit)

(1)     The operation of the Directorate shall be subject to internal control and audit in accordance with law.

(2)     The Directorate shall cooperate with persons designated to conduct control and audit.

 

Article 18

(Application)

Provisions of Articles 9, 10, Paragraph (1) and 11 of this Law shall also apply to the Treasury Director and the Tax Administration Director.

 

Article 19

(Organizational Plan)

The Director of the Directorate shall enact the Organizational Plan of the Directorate within 30 days from the day this Law takes effect.

 

Article 20

(Taking Effect)

This Law shall take effect eight days from the day of publishing in the “Official Gazette of Brcko District of Bosnia and Herzegovina”.

]]> https://www.brckosupervizija.ba/web/?feed=rss2&p=498 0 Annex III https://www.brckosupervizija.ba/web/?p=495 https://www.brckosupervizija.ba/web/?p=495#comments Tue, 26 Jun 2007 12:35:16 +0000 admin http://www.brckosupervizija.ba/web/?p=495 …
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]]> LAW ON AMENDMENTS TO THE

LAW ON PUBLIC PROPERTY IN BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

Article 1

Article 8, Paragraph (1) of the Law on Public Property in Brcko District of Bosnia and Herzegovina (“Official Gazette of Brcko District of BiH”, No.28/06), shall be amended to read:

“(1) The Brcko District Mayor shall dispose of the District property through a decision on public property disposal, in accordance with the provisions of this Law unless otherwise specified by a separate law”.

After Paragraph (1) of this Article, new Paragraphs (2), (3), (4) and (5) shall be added, reading as follows:

“(2) The Mayor may authorize the Deputy Mayor to issue decisions referred to in Paragraph (1) of this Article.

(3) The Mayor shall enact the decision referred to in Paragraph (1) of this Article based on proposal of the Public Property Office Director within 15 days from the day of delivering the proposal.

(4) The Mayor may refuse to enact decision on public property disposal only if he/she issues a decision in writing within the deadline referred to in Paragraph (3) of this Article, setting out that the public property disposal cannot be done for reasons prescribed by legislation”.

(5) If, within the prescribed deadline, the Mayor fails to issue a decision referred to in Paragraph (3) or (4) of this Article, the decision on public property disposal shall be enacted by the Public Property Office Director”.

Current Paragraphs (2), (3), (4), (5) and (6) shall become Paragraphs (6), (7), (8), (9) and (10).

Article 2

In Article 12, Paragraph (1), Item e), words “District Tax Administration” shall be replaced with words “District Finance Directorate (hereinafter: the Finance Directorate”.

In Item g), Lines 1) and 2), words “Tax Administration” shall be replaced with words “Finance Directorate”.

 

Article 3

In Article 28, Paragraph (1), Item c), and Article 31, Paragraph (2), words “District Tax Administration”, in various cases, shall be replaced with words “District Finance Directorate”.

Article 4

This Law shall become effective eight days after being published in the “Official Gazette of Brcko District of BiH”.

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]]> Annex II

 

LAW ON PUBLIC ADMINISTRATION

OF BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA

I BASIC PROVISIONS

Article 1

(Subject Matter)

This law shall regulate the basis of the Public Administration of Brcko District of Bosnia and Herzegovina (hereinafter: the District) related to establishing, organizing, position, role, competences and duties of the District Public Administration as well as other issues of importance to the organization and work of the Public Administration.

 

Article 2

(Public Administration Composition)

District Public Administration (hereinafter: the Public Administration) shall be composed of: District Government Departments (hereinafter: the Departments), Mayor’s Office, District Finance Directorate, Public Property Office and District Coordinator’s Office at the Council of Ministers of Bosnia and Herzegovina and other administrative bodies when provided so in the law.

 

Article 3

(Duties)

(1)     Duties of the Public Administration shall be executed by the Public Administration bodies within their competence in accordance with the Brcko District of BiH Statute (hereinafter: the Statute), this law, laws and enactments of the Assembly of Brcko District of Bosnia and Herzegovina (hereinafter: the Assembly), laws of Bosnia and Herzegovina as well as the enactments of the Brcko District of BiH Government (hereinafter: the Government) and the Mayor.

(2)     Public Administration bodies shall perform their duties independently and in accordance with the principles of legality, substantive truth, work transparency, professional impartiality, responsibility, political independence, efficiency and cost effectiveness.

(3)      Certain duties of the Public Administration may also be performed by public companies and other legal persons if the competences of the Public Administration are transferred to them.

 

Article 4

(Basic Principles of the Public Administration)

(1)     Public Administration bodies, within their competences, shall ensure efficient and full implementation of citizens’ rights and freedoms stipulated by the Constitution of Bosnia and Herzegovina (hereinafter: the Constitution) and the Statute.

(2)     General principles, standards and rules of ethics for the employees of Public Administration bodies shall be prescribed by the law.

(3)     Employment in Public Administration bodies shall be conducted based on professional qualifications, through an open vacancy procedure and shall reflect the composition of the population in accordance with the Statute and the law.

 

Article 5

(Language and Alphabet)

(1)     In Public Administration bodies the Serbian, Bosnian and Croatian shall be equally used as the official languages.

(2)      Official alphabets in Public Administration bodies shall be Cyrillic and Latin.

Article 6

(Responsibility for Damage)

(1)     In accordance with the law, District shall be responsible for the damage that a Public Administration body caused by illegal work performance to a natural or legal person.

(2)     District shall be entitled to request from a servant or employee compensation for the amount paid for the damage caused due to his/her illegal work performance.

 

II ESTABLISHING AND BASIS OF INTERNAL ORGANISATION OF PUBLIC     ADMINISTRATION BODIES

Article 7

(Establishing Public Administration Bodies)

(1)     Public Administration bodies shall be established by the law.

(2)     Statute and this law shall regulate and ensure full and rational work performance by Public Administration bodies as well as the efficient execution of duties and exercise of rights of citizens and legal persons.

(3)     Public Administration bodies shall be established in accordance with the principles of classification of duties per type, affinity, mutual connection and the needs for efficient work management and provision of independence in the course of work.

 

Article 8

(Basis of Internal Organisation of Public Administration Bodies)

Organisational Plan of the Public Administration bodies shall define:

a)     Principles of internal organisation of Public Administration bodies;

b)     Organisational units;

c)      Management;

d)     Name and distribution of positions as per organisational units with terms of references for Public Administration body managers, servants with managerial responsibilities, servants and employees.;

e)     Criteria regarding educational qualifications and other criteria for performance of duties;

f)        Number of servants and employees;

g)     Salary grade of a position

h)      Other work related issues of the District Public Administration bodies.

 

Article 9

(Internal Organisation Principles)

(1)     Internal organisation of Public Administration bodies shall be based upon the principle of rational and efficient work performance by Public Administration bodies and the principle of ensuring expert work performance by Public Administration bodies.

(2)     With the aim of implementing the principles stipulated in the provision in Paragraph 1 of this Article Public Administration bodies shall be organized in lower organisational units thus ensuring rational work organisation, efficient work performance, successful management of a Public Administration body as well as classification of duties in accordance with their nature, type, volume, level of complexity and the manner of performance.

 

III PUBLIC ADMINISTRATION DUTIES

Article 10

(Common Provisions)

Public Administration bodies shall perform the following duties within their competence:

a)     implement laws, other regulations applied on the District’s territory;

b)     monitor the situation in the areas they have been established for and recommend measures in those areas;

c)      act upon administrative matters;

d)     perform administrative supervision and other administrative duties;

e)     prepare and recommend regulations from the area they have been established for;

f)        perform other duties stipulated by the law;

 

Article 11

(Types of Enactments of Public Administration Bodies)

When performing duties form Article 10 of this law, Public Administration bodies shall enact general enactments (normative legal enactments), individual enactments (administrative enactments and other individual enactments) and substantive enactments (simple administrative operations and expert operations) in accordance with the Statute, law and other regulations.

 

Article 12

(Implementation of Laws and Other Regulations)

Public Administration bodies shall implement laws and other regulations in the administrative procedure, administrative supervision and other duties under their competence.

 

Article 13

(Monitoring and Recommendation of Measures)

Public Administration bodies shall be responsible for permanent monitoring in the areas for which they have been organised, for complete and up to date data and information and for professional validity of the situation evaluations, occurrences and initiatives for resolving issues from that area.

 

Article 14

(Acting Upon Administrative Matters)

Public Administration bodies shall act upon administrative matters through direct application of regulations, decide upon rights, obligations and law-based interests of citizens and legal persons, conduct the procedure and perform duties for which they are authorised by the law.

 

Article 15

(Administrative Supervision)

Public Administration bodies shall perform administrative supervision over legality of enactments used in administrative matters on rights and duties of the legal subjects, supervision over legality of performance of legal entities and inspection supervision, if authorised by the law and other regulations.

 

Article 16

(Preparation and Recommendation of Regulations)

Public Administration bodies shall prepare and propose regulations and other general enactments in accordance with general policy of the District and District Government work programme as well as on their own initiative from the area they have been established for.

 

Article 17

(Performance of Other Expert Duties)

Public Administration bodies shall draft analytical, informative and other materials for the Assembly, Government and the Mayor and in that shall cooperate with expert and scientific organisations when application of special expert and scientific methods is required in the drafting process.

 

Article 18

(Transparency of Work)

Public Administration bodies shall ensure transparency of work in accordance with the law through provision of information to the media, issuance of official publications and provision of conditions for undisturbed information sharing with the public on performance of duties under their competence.

 

IV COMPETENCES OF PUBLIC ADMINISTRATION BODIES

Article 19

(Competences of the Mayor’s Office)

Mayor’s Office shall be in charge of:

a)       Management of Mayor’s, Deputy Mayor’s and Chief Government Coordinator’s duties;

b)       Government public relations;

c)       Government administrative support;

d)       Legal affairs;

e)       Public Administration reform;

f)         Acting upon citizens’ complaints;

g)       Inspection duties;

h)       Second instance administrative procedure;

i)         Implementation of employment procedure within Public Administration bodies

j)          Legislature;

k)       European integration;

l)          Monitoring and undertaking measures in the implementation of general principles, standards and rules of ethics for civil servants and employees.

 

Article 20

(Department of Administrative Support)

Department of Administrative Support shall be in charge of:

a)     Relations with the associations, foundations, non-governmental organisations and local communities;

b)     Ensuring IT system operations in the District Public Administration

c)      Implementation of public procurement procedure;

d)     Human resources management in Public Administration bodies;

e)     and other duties under the competence of the Department defined by the law and regulations.

Article 21

(Department of Spatial Planning and Property Affairs)

Department of Spatial Planning and Property Affairs shall be in charge of:

a)     Spatial and urban planning;

b)     Issuance of urban approvals, extracts and other enactments under the competence of the Department;

c)      Environment protection and ecological permits;

d)     Legalisation of illegal structures;

e)     Property affairs;

f)        Protection of structures of historical and cultural importance and natural heritage from the aspect of issuance of urban approvals and determining the procedure for the protected structures list;

g)     Other duties under the competence of the Department defined by the law and other regulations;

 

Article 22

(Department of Economic Development, Sports and Culture)

Department of Economic Development, Sports and Culture shall be in charge of:

a)     Statistics and analysis, strategic planning and regional cooperation;

b)     Business initiatives and services, marketing and public relations and measures for investment promotion;

c)      Implementation of privatisation process of the state capital of companies in the District;

d)      Theatres, galleries, cultural associations, events and the library;

e)     Sports and tourism;

f)        Other duties under the competence of the Department defined by the law and other regulations;

Article 23

(Department of Public Works)

Department of Public Works shall be in charge of:

a)     Maintenance of town streets, village roads, parks and other public areas in the District;

b)     District public property maintenance;

c)      Government vehicle fleet management;

d)     Organisation and functioning of public traffic and transportation in the District;

e)     Activities regarding purchase of apartments in accordance with the Law on Purchase of Apartments over which there’s an Occupancy Right in Brcko District of BiH;

f)        Other duties under the competence of the Department defined by the law and other regulations;

Article 24

(Department of Utilities)

Department of Utilities shall be in charge of:

a)     developing the policy, strategy and legal framework for managing electricity supply, water supply and gas supply;

b)     developing the policy, strategy and legal framework for managing the treatment of solid waste and waste waters;

c)      managing and further development of street lighting system;

d)     monitoring the pricing policy of utility services;

e)     planning, preparation and running of capital investments in the field of utility infrastructure;

f)        and other affairs under the competence of the Department set by law and other regulations.

 

Article 25

(Department of Health Care and Other Services)

Department of Health Care and Other Services shall be in charge of:

a)     Prevention and health care to the population and functioning of District health care institutions;

b)     Citizens’ welfare and protection;

c)      War veterans’ issues, war invalids and civilian war victims;

d)     Other duties under the competence from the Department defined by the law and other regulations;

Article 26

(Department of Education)

Department of Education shall be in charge of:

a)     Preschool and primary education and upbringing;

b)     Secondary general and vocational education;

c)      Support to District educational institutions;

d)     Material-technical, personnel and expert-pedagogical support to educational institutions of BiH;

e)     Curricula, professional development programmes for teachers and teaching associates and expert-pedagogical supervision;

f)        Other duties under the competence of the Department defined by the law and other regulations;

 

Article 27

(Department of Agriculture, Forestry and Water Management)

Department of Agriculture, Forestry and Water Management shall be in charge of:

a)              Improvement and development of agriculture, forestry, animal breeding, hunting and fishing;

b)              Regime, use, utilisation and protection of waters and stream flows;

c)               Agro-industry;

d)              Veterinary activity;

e)              Protection and improvement of forests;

f)                 Rural development;

g)              Other duties under the competence of the Department defined by the law and other regulations;

 

Article 28

(Public Records Department)

Public Records Department shall be in charge of:

a)     Issuance of personal identification documents;

b)     Maintenance and upgrade of public records and archives;

c)      Maintenance of land cadastres and public records;

d)     Issuance of extracts from records;

e)     Registrar’s records keeping;

f)        Registration and cancellation of citizens’ residence and temporary residence;

g)     Motor vehicles’ registration

h)      Office operations and verification of signatures, statements, documents and contracts;

i)        Other duties under the competence of the Department defined by the law and other regulations;

 

Article 29

(Department of Displaced Persons, Refugees and Housing Issues)

Department of Displaced Persons, Refugees and Housing Issues shall be in charge of:

a)     Implementation of laws and regulations of competent in the filed of housing affairs, property and housing issues of refugees and displaced persons.

b)     Solving property rights of owners, occupancy right holders and the right to alternative accommodation by refugees and displaced persons;

c)      Repossession by owners and occupancy right holders;

d)     Maintenance of the housing fund owned by the District;

e)     Providing housing for the social welfare categories of the District population;

f)        Preparation and implementation of the reconstruction programme for private and state owned housing units;

g)     Other duties under the competence of the Department defined by the law and other regulations;

Article 30

(Department of Public Safety)

Department of Public Safety shall be in charge of:

a)     Preventive actions and rescuing people and assets endangered by: fire, accidents, floods, traffic accidents;

b)     Civilian protection and protection from natural disasters;

c)      Demining, removal and destruction of unexploded ordinances;

d)     Reconnaissance;

e)     Issuance of construction permits and use permits;

f)        Issuance of decisions on meeting the criteria for performance of activities by natural and legal persons;

g)     Issuance of approvals for private transportation businesses.

h)      Issuance of decisions for technical control over project documentation;

i)        Certification of the condominium ownership plan;

j)        Calculation of bill of quantities of the land, lease and taxes;

k)      Issuance of decisions on meeting the criteria for natural and legal persons in the field of development of technical documentation and construction;

l)        Other duties under the competence of the Department defined by the law and other regulations;

Article 31

(District Finance Directorate)

(1)     District Finance Directorate shall be comprised of:

a)     Director’s Office,

b)     Treasury,

c)      Tax Administration.

(2)     District Finance Directorate shall be in charge of collection and allocation of public revenues and other duties stipulated by a separate law.

 

Article 32

(Public Property Office)

Public property office shall be in charge of implementation of laws and other regulations in administering the public property of the District.

 

Article 33

(District Coordinator’s Office at the Council of Ministers of Bosnia and Herzegovina)

District Coordinator’s Office at the Council of Ministers of Bosnia and Herzegovina shall be in charge of representation of District’s interests before the institutions of Bosnia and Herzegovina.

 

V MANAGEMENT OF PUBLIC ADMINISTRATION BODIES

Article 34

(Public Administration Bodies Management)

Public Administration bodies shall be managed by the Mayor, heads of departments, Finance Directorate Director, Public Property Office Director and District Coordinator’s Office at the Council of Ministers of Bosnia and Herzegovina.

 

Article 35

(Servant with Managerial Responsibilities)

(1)     Servants with managerial responsibilities shall manage internal organisational units within the Public Administration bodies defined by organisational plans.

(2)     Organisational plan of the Public Administration bodies shall define competences and positions of servants with managerial responsibilities.

(3)     In performance of entrusted duties the servant with managerial responsibilities shall be obliged to:

a)     organise the work of an organisational unit and ensure efficient, professional and lawful performance of organisational unit duties.

b)     assist the Public Administration body manager, i.e. his/hers immediate supervisor in managing the work in the organisational unit’s field of work.

c)     monitor the work of servants and employees in the organisational unit and report to the Public Administration body manager on the results achieved  in their and his/her work.

 

Article 36

(Deputy Manager)

If the Public Administration body manager is unable to perform his/her duty he/she shall be deputised by the servant with managerial responsibilities as stipulated by the Organisational Plan in accordance with the law.

 

Article 37

(Transfer of Competences)

(1)     Public Administration body manager may transfer competences to the servant with managerial responsibilities and other servants in accordance with the law.

(2)     Transfer of competences shall be done in writing which does not relieve the Public Administration body manager, who transferred competences as stipulated in Paragraph 1 of this Article, from responsibility.

Article 38

(Servants with Special Authorisations)

Inspection supervision and other important administrative and expert duties prescribed by the law and Organisational Plan shall be performed by inspectors as well as servants with special authorisations and responsibilities (hereinafter: servants with special authorisations).

 

Article 39

(Responsibility of Public Administration Body Manager, Deputy and Servants with Managerial Responsibility)

Public Administration body manager as well as the servant with managerial responsibility shall be personally responsible for execution of entrusted duties as well as for the work of the body i.e. organisational unit under their management in accordance with the Statute and the law.

 

VI ENTRUSTING PUBLIC COMPETENCES

Article 40

(Entrusting and Transfer of Public Competences)

Legal persons, by way of the law, may be entrusted or transferred with conducting of certain administrative and expert duties under the competence of a Public Administration body, so that within their field of work they decide about individual matters, certain rights and duties of citizens and legal persons (hereinafter: Institutions with Public Competences).

 

VII PUBLIC ADMINISTRATION BODY RELATIONS WITH THE ASSEMBLY, GOVERNMENT AND MAYOR, MUTUAL RELATIONS IN PUBLIC ADMINISTRATION BODIES

 

Article 41

(Public Administration Body Relations with the Assembly)

(1)     Public Administration body relations with the Assembly shall be based on rights and duties prescribed by the Statute and this law.

(2)     Public Administration bodies shall be obliged at the request of the Assembly, Government or Mayor to provide answers to all questions related to implementation of laws in the field under their competence as well as about the situation and problems in the field for which those bodies have been established.

 

Article 42

(Relations of Public Administration Bodies with the Government and Mayor)

Public Administration bodies shall submit reports on their work to the Government and the Mayor in accordance with the law.

 

Article 43

(Mutual Relations in Public Administration Bodies)

(1)     Mutual relations in Public Administration bodies shall be based on cooperation, information sharing and agreements.

(2)     Mutual cooperation of Public Administration bodies shall provide for efficient work of the Public Administration.

(3)     In the implementation of mutual cooperation Public Administration bodies shall be obliged, within prescribed deadlines, to mutually deliver and exchange data and information required for performance of duties they have been established for as well as the duty of advising on issues from their scope of work.

 

Article 44

(Competences of Several Public Administration Bodies)

In cases which several administration bodies are in charge of, managers of those bodies shall be obliged to agree on which Public Administration body shall have coordinating role or shall request the Mayor to decide about it.

 

Article 45

(Working Bodies)

(1)     With the aim of resolving complex cases the Mayor shall be authorised to form a working body.

(2)     The Mayor’s enactment by way of which the working body is formed, as stipulated in Paragraph 1 of this Article, shall also stipulate appointment of the working body coordinator who shall organise the work of the working body.

 

Article 46

(Public Administration Bodies Relations with the Administration Bodies of

Bosnia and Herzegovina and Entities)

Public Administration bodies shall cooperate with the administration bodies of Bosnia and Herzegovina and Entities in accordance with the law and other regulations.

 

VII PUBLIC ADMINISTRATION BODIES’ RELATIONS WITH CITIZENS AND  LEGAL PERSONS

Article 47

(Public Administration Bodies’ Relations with Citizens)

(1)     Public Administration bodies shall act upon citizens’ requests within legally prescribed deadlines.

(2)     In performance of duties from the field under their competence, Public Administration bodies shall make direct contacts with the citizens in order to act upon their rights and duties, shall organise duties of importance to implementation of citizens’ rights and duties the in the way and under conditions facilitating citizens to exercise their rights and execute their duties with those Public Administration bodies in the simplest, quickest and most efficient way.

 

Article 48

(Citizens’ Treatment)

(1)     Working with citizens servants and employees shall be polite and shall carefully consider citizens’ needs and issues in order to help them.

(2)     Working with the handicapped, old, pregnant women and parents with small children, servants and employees shall treat them with priority.

 

Article 49

(Public Administration Bodies’ Relations with Legal Persons)

Public Administration bodies, within their competence, shall have authorisations and duties prescribed by the law towards legal persons especially regarding supervision over legality of work performed by those legal persons.

 

Article 50

Cooperation with Legal Persons

(1)     Public Administration bodies shall cooperate with legal persons with regards to the matters under their own competence which are relevant for the work of the Public Administration bodies or are in the interest of work of legal persons.

(2)     At the request of Public Administration bodies legal persons shall be obliged, in accordance with the law, to deliver data and information relevant for implementation of legally stipulated competences of Public Administration bodies.

Article 51

(Complaints)

(1)     Clients may file complaints with regards to the work of Public Administration bodies.

(2)     Complaint procedure shall be prescribed by a separate Rulebook enacted by the Mayor.

 

Article 52

(Obtaining Documents)

(1)     Public Administration bodies shall not request from clients, in the administrative procedure matters, to submit certificates and other public documents regarding the facts for which Public Administration bodies or institutions with public competences have official records.

(2)     Certificates and documents referred to in Paragraph 1 of this Article, the Public Administration body, i.e. the institution with public competences shall obtain ex officio and within legally prescribed deadline.

Article 53

(Application of Provisions)

Provisions of Articles 47 to 52 of this law shall be accordingly applied to institutions with public competences when acting upon the rights and duties of citizens and legal persons in the course of implementation of public competences.

 

IX INSPECTION SUPERVISION

Article 54

(Common Provisions on Inspection Supervision)

(1)     Inspection supervision shall be conducted by inspectors.

(2)     A person meeting criteria prescribed by a separate law may be appointed as an inspector.

 

Article 55

(Initiation of Inspection Supervision Procedure)

Inspection supervision procedure shall be initiated and run by inspector ex officio in accordance with the separate law regulating inspection supervision in certain areas, which shall apply to all other issues related to the inspection supervision not regulated by this Law.

 

Article 56

(Administrative Inspection)

(1)     Administrative inspection supervising implementation of this law, the law referring to servants and employees, administrative procedure and special administrative procedures as well as office operations, shall be conducted by the Administrative Inspector.

(2)     A graduate lawyer who passed a Public Administration exam and has minimum 5 years of working experience in the most complex administrative affairs may be appointed as the Administrative Inspector.

 

Article 57

(Administrative Inspector’s Competences)

When performing inspection supervision over implementation of laws and other enactments the Administrative Inspector shall supervise:

a)     exercise of rights and legal interests and execution of duties of citizens, legal persons and institutions with public competences in the administrative procedure,

b)     application of laws and enactments relating to the organisation of Public Administration bodies,

c)      working relations within Public Administration bodies and fulfilment of working criteria by servants acting in administrative proceedings within institutions with public competences,

d)     acting upon administrative issues within prescribed deadlines,

e)     regularities in application of regulations in the administrative procedure,

f)        the manner of collecting evidence in the administrative procedure,

g)     implementation of administrative execution,

h)      record keeping in administrative cases,

i)        application of regulations on office operations,

j)        other competences envisaged by a separate law.

 

Article 58

(Administrative Inspector’s Records)

(1)     When performing inspection supervision the Administrative Inspector shall make records on completed inspection supervision containing the state of facts and description of irregularities and work deficiencies.

(2)     Records of inspection supervision shall be signed by the manager of Public Administration body in which the inspection supervision has been performed and the Administrative Inspector.

(3)     Copy of the records referred to in Paragraph 2 of this Article shall be submitted to the Public Administration body manager and on need bases to the Mayor.

Article 59

(Administrative Inspector’s Duties)

(1)     If the Administrative Inspector in the process of inspection supervision establishes that a violation of law or other enactment constitutes a breach of duty, committed offence or a crime, he/she shall be obliged, without delay, to file request for establishing accountability based on breach of duty, committed offence or a crime.

(2)     Administrative Inspector may temporarily seize documents and items which in disciplinary, offence or criminal proceedings may serve as evidence and he/she shall issue a receipt upon seizure of documents or items.

(3)     If Administrative Inspector in inspection supervision establishes that the law or other enactment was violated he/she shall enact a decision instructing measures with the aim of eliminating deficiencies.

(4)     Administrative Inspector’s decision shall be final in the administrative procedure unless otherwise prescribed by a different law.

 

Article 60

(Duties of Public Administration Bodies)

(1)     Public Administration bodies and institutions with public competences shall enable the Administrative Inspector to perform inspection supervision and provide him with all required data and information with regards to the supervision.

(2)     Public Administration bodies and institutions with public competences subjected to inspection supervision shall act upon Administrative Inspector’s decision enacted in accordance with Paragraphs 3 and 4, Article 59 of this Law.

(3)     Every failure to act upon Administrative Inspector’s decision shall be deemed as offence i.e. serious breach of duty in accordance with the separate law.

 

Article 61

(Citizens’ and Legal Persons’ Rights to Address Administrative Inspector)

(1)     Citizens and legal persons shall have the right, with the aim to protect their rights stipulated by this and other law and enactment, to address the Administrative Inspector verbally or in writing in the following cases:

a)     if their requests or appeals in the administrative procedure are not acted upon within legally prescribed deadline,

b)     if they are requested in the administrative procedure to prove facts by way of certificates and other documents which a servant is obliged to obtain ex officio.

c)      if the administrative enactments for exercise of rights and legal interest in the administrative procedure are not implemented.

(2)     Pursuant to Paragraph 1 of this Article the Administrative Inspector shall, without delay, exercise inspection supervision, make records in accordance with provisions of the Law on Administrative Procedure of Brcko District of BiH and undertake appropriate measures and inform the applicant in writing accordingly, within 8 days and not later than 30 days upon receiving the application

 

X WORK FUNDS  FOR PUBLIC ADMINISTRATION BODIES

Article 62

(Common Provisions)

(1)     Public Administration bodies’ work funds shall be provided in the District budget.

(2)     Funds generated by Public Administration bodies in exercising their competences shall be the budget revenues in accordance with the law.

 

XI PENALTY PROVISIONS

Article 63

(1)     A legal person, entrepreneur and  institutions with public competences shall be fined from 2000KM to 8000KM if:

a)     they fail to deliver report, data and information from their scope of work at the request of a Public Administration body ( Article 50, Paragraph 2),

b)     they fail to act upon client’s request within a prescribed deadline (Article 47, Paragraph1),

c)      they fail to, ex officio, obtain certificates and other public documents on the facts contained within official records or if they request from clients to submit those certificates and public documents (Article 52),

d)     they fail to act upon preventive measures or Administrative Inspector’s decision (Article 60),

e)     they unable the Administrative Inspector to perform inspection supervision and do not provide him/her with necessary data and information (Article 60, Paragraph 1),

f)        they unable or make it difficult for citizens and legal persons to exercise their rights and legal interests (Article 61),

(2)     For offence referred to in Paragraph 1 of this Article, a person responsible within the Public Administration body, legal person or institution with public competences shall be fined from 200 KM to 1,000 KM.

 

Article 64

(1)     Company, entrepreneur and an institution with public competences shall be fined from 1000 KM to 4000 KM for an offence if they fail, within prescribed deadline, to submit to the Public Administration body requested data or enactments in relation to the administrative procedure, administrative supervision and monitoring of the situation in certain area.

(2)     For the offence referred to in Paragraph 1 of this Article a person responsible within a Public Administration body, legal person or an institution with public competences shall be fined from 200 KM to 800 KM.

 

Article 65

(1)     Responsible person within a Public Administration body shall be fined up to 500 KM if he/she fails to act in accordance with provisions from Article 12 in respect of Article 4, Paragraph 3, Article 46, Article 50, Paragraph 1, Article 48 and Article 5, Paragraph 3 of this law.

(2)     A responsible person within a Public Administration body, in terms of this law, shall be the Public Administration body manager, inspector, authorised person within the legal person, institution with public competences as well as the public servant with managerial responsibilities, i.e. public servant in charge of implementing a certain action in accordance with the law, who failed to implement that action or has implemented it contrary to the legal provision.

 

Article 66

(Enforcement of Procedure)

(1)     Offence proceedings as per provisions of this law shall be enforced by the Basic Court of Brcko District of Bosnia and Herzegovina.

(2)     Funds from fines shall be paid into a single account of District Treasury and shall be District budget revenues.

 

XII INTERIM AND FINAL PROVISIONS

Article 67

(Harmonisation of General Enactments)

All general enactments of Public Administration bodies the provisions of which are contrary to this law shall be amended and harmonised with the aforementioned within 60 days from the day this Law enters into force.

Article 68

(Putting Out of Force)

By the effect of this law the Law on Administration of Brcko District of BiH shall be put out of force (“Official Gazette of Brcko District of BiH, no. 31/04).

 

Article 69

(Entering into Force)

This law shall enter into force on the 8th day of its publishing in the “Official Gazette of Brcko District of BiH”.

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]]> LAW

ON GOVERNMENT OF BRCKO DISTRICT

OF BOSNIA AND HERZEGOVINA

CHAPTER 1

GENERAL PROVISIONS

Article 1

(Subject of the Law)

This Law shall define organization, competence, manner of work, term of the Government of Brcko District of BiH (hereinafter: the Government) and members of the Government as well as rights and obligations of the Government members.

Article 2

(Function of the Government)

(1)     The Government shall have executive powers in the Brcko District of Bosnia and Herzegovina (hereinafter: the District), in accordance with the Statute of the District (hereinafter: the Statute) and the Laws.

(2)     Members of the Government shall perform their duties in accordance with the Statute, laws and the Code of Ethics.

Article 3

(Composition of the Government)

The District Government shall be composed of Mayor, Deputy Mayor, Chief Coordinator and Heads of Departments.

Article 4

(Seat of the Government)

The seat of the Government shall be the town of Brcko.

Article 5

(Seals)

(1)     Mayor shall have a round seal containing the text: “Bosnia and Herzegovina, Brcko District of Bosnia and Herzegovina “Mayor”, in round print in Cyrillic and Latin alphabets, and with the coat of arms of Bosnia and Herzegovina imprinted in the middle of the seal.

(2)     Government shall have a round seal containing the text: “Bosnia and Herzegovina, Brcko District of Bosnia and Herzegovina “Government”, in round print in Cyrillic and Latin alphabets and the coat of arms imprinted in the middle of the seal.

(3)     The Departments shall have a round seal containing the text: “Bosnia and Herzegovina, Brcko District of Bosnia and Herzegovina”, in round print in Cyrillic and Latin alphabets, with title of Department in the middle of the seal and imprinted coat of arms of Bosnia and Herzegovina.

(4)     All enactments passed by the Government shall be certified with the Government’s seal and signed by the Mayor.

(5)     All official documents by the Mayor, Deputy Mayor and Chief Coordinator shall be certified with the Mayor’s seal and those by the heads of the departments shall be certified with the seal of the Department.

Article 6

(Cooperation with the Institutions of BiH and the Entities)

The cooperation of the Mayor and Government with the institutions of Bosnia and Herzegovina and the Entities shall be based on rights, duties and responsibilities determined by the Constitution and the laws of BiH as well as the Statute and the laws of the District.

Article 7

(Cooperation with Other Bodies and Institutions of the District)

The Government shall cooperate with the District Assembly (hereinafter: the Assembly), Courts and other bodies and institutions of the District in accordance with the  laws and regulations led by public interests of the District residents.

Article 8

(Transparency of Work)

The Government shall be obliged to enable public to have an insight into its work in accordance with the law regulating free access to information of public interest and the Rules of Procedure of the Government and other bylaws.

Article 9

(Publishing of Government Enactments)

Enactments of the Government shall be published in the “Official Gazette of Brcko District of BiH” if stipulated by this law or other regulation or if the Government  decides so in the process of  enactment thereof.

CHAPTER II

GOVERNMENT

Article 10

Competences

The Government shall have the following competences:

a)     shall implement the District policy and implement the laws, other regulations and general enactments in accordance with the Statute of the District;

b)     shall approve draft laws and other regulations to be proposed by the Mayor to the Assembly for adoption;

c)      shall pass the budget proposal;

d)     shall pass enactments on criteria and manner of allocating grants

e)     shall vote on draft laws, other regulations or general enactments proposed to the Assembly by other proponent;

f)        shall pass legal enactments in order to ensure the implementation of the laws;

g)     shall approve the Government work report and work program;

h)      shall form working bodies within its competence;

i)        shall perform other duties in accordance with the Statute and the laws.

Article 11

Enactments of the Government

(1)     The Government shall pass decisions, books of rules and conclusions.

(2)     The decision shall stipulate measures and shall regulate other issues within the Government competence.

(3)     The book of rules shall elaborate on provisions of the laws and other regulations in order to ensure the implementation thereof.

(4)     The conclusion shall define specific measures as well as tasks to be carried out by the Departments and other administration bodies.

Article 12

(Convening of Sessions)

(1)     The Government shall work in sessions convened and chaired by the Mayor.

(2)     Government sessions shall be held on a regular basis at least once a week.

(3)     The Mayor shall convene the extraordinary session at the request of minimum  five members of the Government or when he/she decides it is necessary to do so.

Article 13

(Quorum)

(1)     Only Government members shall be entitled to make decisions in  Government sessions.

(2)     The Government can make decisions if a session is attended by the majority of Government members.

(3)     If a Government member is unable to attend the government session, he/she shall be obliged to submit to the Mayor a written justification which contains the reasons for his absence, name of a person replacing him/her with the instruction on a manner of voting regarding individual items on the agenda.

Article 14

(Passing of the Government Enactments)

The Government shall pass enactments:

a)     by three fifths majority of votes out of total number of Government members when deciding upon the following:

1.      annual budget of Brcko District of BiH or any amendments thereto,   including also affirmative votes by: Mayor, Deputy Mayor and Heads of Departments of Administrative Support, Education, Health Care and Public Works;

2.      draft laws in the field of education, religion, language and culture, including also affirmative votes by: Mayor, Deputy Mayor and Heads of Departments of Administrative Support, Education, Economic Development, Spatial Planning and Property Affairs  and the Department of Displaced Persons, Refugees and Housing Issues;

3.      draft laws and other issues which the Assembly decides upon and when passing its Rules of Procedure;

b)     by simple majority of votes of the attending members of the Government on other issues within the competence of the Government.

Article 15

(Government Rules of Procedure)

(1)     The Government shall pass its Rules of Procedure.

(2)     The Rules of Procedure referred to in paragraph (1) of this Article shall  regulate in detail the manner of work, decision making and other issues of importance to Government’s work.

CHAPTER III

MAYOR AND MEMBERS OF THE GOVERNMENT

SECTION A

Mayor

Article 16

(Competences of Mayor)

The Mayor shall have the following competences:

a)          The Mayor shall represent the District in accordance with the Statute.

b)          The Mayor shall chair the Government and shall be responsible for scheduling and chairing of the Government sessions.

c)           The Mayor shall be responsible for implementation of Bosnia and Herzegovina and District laws.

d)          The Mayor shall report to the Assembly for proper management and administering of the District.

e)          The Mayor shall declare appointments, promotions and dismissals of all employees of the Government and Public Administration in accordance with the law except when otherwise regulated by the Statute or the laws.

f)             The Mayor shall, on behalf of the Government:

-         submit draft laws and provide proposals to the Assembly,

-         propose the District budget and submit financial reports to the District Assembly,

-         perform other duties in accordance with the Statue and the laws.

g)          The Mayor shall have executive powers entrusted to him/her in accordance with the District Laws.

h)           The Mayor shall organize the Government and pass an organizational plan.

i)        The Mayor shall submit to the Assembly an annual report on Government’s work and shall propose a Government’s work program for the following year.

j)             The Mayor shall submit to the Assembly the Reports on Administering and Disposal of District’s Public Property.

k)           The Mayor shall submit quarterly and annual reports on budget execution.

l)             The Mayor shall be the most senior manager to all employees in

the Government and Public Administration of the District.

m)     The Mayor shall provide guidelines and shall harmonize the work of the departments.

n)        The Mayor shall declare the state of emergency in cases of life and health hazards, threats to property in the District as well as in other cases stipulated by the law.  Measures undertaken during the state of emergency must be in compliance with the Statute, laws and other regulations of the District.

o)       The Mayor shall form working bodies within his/her competence.

p)       The Mayor shall inform the public and media.

r)         The Mayor shall sign the Government enactments.

s)       The Mayor shall perform other duties entrusted to him/her by the Statute and laws of the District.

Article 17

(Mayoral Enactments)

(1)     The Mayoral enactments shall be the following: decision, book of rules organizational plan, directive, instruction, resolution and order.

(2)     A decision shall be a legal enactment which the Mayor shall pass when exercising  his/her competences.

(3)     A book of rules shall elaborate on provisions of the laws and other regulations in order to ensure the implementation thereof.

(4)      An organizational plan shall be an enactment which shall regulate the internal organization of the Mayor’s Office and the Government Departments.

(5)     A directive shall stipulate the manner of work and performance of duties by administrative bodies, legal persons and citizens in the implementation of the law.

(6)     An instruction shall be an enactment passed by the Mayor when performing   his/her duties regulating the work of the Government and administration in relation to the application of the law.

(7)     A resolution shall be an individual enactment passed by the Mayor when exercising his/her competences deciding upon rights and obligations of the servants and employees as well as in other cases stipulated by the law.

(8)     An order shall be a general enactment by which the Mayor, for the sake of implementation of the law, other general enactments of the Assembly or the enactments that he/she passes, shall order or prohibit proceedings in a certain situation of general importance.

Article 18

(Publishing of Mayoral Enactments)

The decision, book of rules, directive and order shall be published in the “Official Gazette of the Brcko District of BiH”.

SECTION B

Government Members

Article 19

(Competences of the Deputy  Mayor)

The Deputy Mayor shall have the following competences:

a)     shall assists the Mayor in performance of his/her duties and shall represent the Mayor in his/her absence and shall act in lieu of the Mayor if he/she is prevented from doing so;

b)     shall have executive powers stipulated in the District laws;

c)      shall ensure efficient work of Public Administration and shall issue binding orders in that regard;

d)     shall coordinate preparation, presentation, adoption and execution of the budget;

e)     shall ensure functioning of the internal control system in bodies and institutions of the District;

f)        shall supervise implementation of the main infrastructure projects;

g)     shall coordinate fulfilling of obligations and duties of the Government related to strategic investments in the District;

h)      shall ensure defining and implementation of the concept and implementation plan of  the proactive and long-term cultural policy;

i)        shall monitor and ensure independence of proceedings upon the citizens’ complaints;

j)        shall conduct continuous political and strategic analysis.

Article 20

(Competences of the Chief Coordinator)

(1)     The Chief Coordinator shall be responsible for coordinating activities which require cooperation by several Government Departments and coordinating activities between the Government, Public Administration and other District institutions.

(2)     The Chief Coordinator shall assist the Mayor in efficient implementation of the Government’s Policy and ensures efficient management of Government activities in accordance with the Mayoral instructions.

(3)     The Chief Coordinator shall be authorized to issue binding orders within his/her competences to the public administration bodies with the Mayor’s approval.

(4)     The Chief Coordinator shall work under direct supervision of the Mayor.

Article 21

(Competences of the Heads of Departments)

The Heads of Departments shall have the following competences:

a)     shall discuss all issues within the competence of the Government and propose the best solutions to the Mayor

b)     shall assist the Mayor in performance of his/her duties;

c)      shall propose to the Government draft laws and bylaws;

d)     shall implement decisions of the Mayor, Government and Assembly which fall under their competence;

e)     shall pass general enactments when stipulated by the law;

f)        shall pass administrative enactments and other individual enactments in accordance with the Statute and laws of the District;

g)     shall inform the Assembly about all issues within their competence, at the request of the Assembly or the Mayor;

h)      shall supervise the work of a Department in accordance with the law and the Mayor’s directives;

i)        shall undertake necessary measures in order to ensure efficient and effective achievement of established goals and tasks within the competence of the respective Department;

j)        shall perform other duties stipulated by the law or ordered by the Mayor.

Article 22

(Enactments of the Heads of Departments)

The heads of departments in exercising their competences shall pass decisions and books of rules when stipulated by the law as well as individual administrative  enactments regulating individual rights and duties of physical and legal persons in accordance with the law and other regulations.

CHAPTER IV

TERM OF THE GOVERNMENT

Article 23

(Selection of the Mayor)

(1)     The Mayor shall be selected and dismissed by the Assembly in accordance with the Statute and Assembly Rules of Procedure.

(2)     The Mayor shall perform his/her duties during the term of the Assembly which has selected him/her and shall perform duties in accordance with the Statute and the law.

Article 24

(Commencement of the Term)

The term of the Mayor shall commence immediately after the selection and swearing-in i.e. taking the oath of office.

Article 25

(Selection of the Government Members)

(1)     The Mayor shall select or dismiss the Government members in accordance with Article 47, Paragraph 1 of the Statute.

(2)     When selecting Government members, the Mayor shall be obliged to select a person holding a minimum university degree and with high moral and ethic qualities.

(3)     The Mayor shall be obliged to inform the Assembly about his/her decision on selection as well as about the Government members nominees and the nominees shall be obliged to immediately decide whether they accept the Mayor’s decision.

(4)     The Mayor’s decision on selection shall become effective upon 15 days from the day the Assembly received the Mayor’s notification regarding decision on selection, provided that the Assembly has not vetoed  the Mayor’s Decision.

(5)     The Mayor shall determine the date when the appointment shall become effective and the deadline cannot exceed three (3) weeks from the day of his/her  notification to the Assembly on the decision on selection.

(6)     On the day the appointment becomes effective, the Mayor and the Government members shall take the oath of office.

CHAPTER V

TERMINATION OF THE GOVERNMENT’S TERM

Article 26

(Termination of the Mayor’s Term)

(1)     The Mayor’s term shall terminate with the termination of the term of the Assembly which selected him/her in accordance with Article 46, Paragraph 1 of the Statute.

(2)     Upon termination of the Mayor’s term, the terms of the Government members shall also terminate.

(3)     The Government shall continue to perform its duties until a new Mayor is selected.

(4)     Based on the Mayor’s request, the Government members elected by his/her predecessor shall be obliged to remain in their positions until a Decision on new Government members enters into force.

Article 27

(Resignation of the Mayor and Government Members)

(1)     Mayor and members of the Government may resign before the termination of their term.

(2)     Resignation of the Mayor and the Government members shall be in a written form with  a precise date when resignation shall become effective.

(3)     The resignation shall become effective not later than 15 days from the day of its submission.

(4)     The Mayor shall submit his/her resignation to the Assembly and the Government members shall submit their resignations to the Mayor.

(5)      The Mayor shall inform the Assembly about the resignation of a Government member immediately upon resignation submission.

(6)     In case of Mayor’s resignation, the Government members shall continue to perform their duties headed by the Deputy Mayor until the new Mayor is selected.

(7)     In case of the resignation of a Government member, the Mayor shall select a new Government member within 15 days from the day of resignation submission in accordance with the Statute and this Law.

Article 28

(Resignation and dismissal due to the Conflict of Interest)

(1)     The Government members may not assume their duties if there is a conflict of interest stipulated by the Statute or the law.

(2)     The Mayor of the Government members shall obligatorily resign if there is a conflict of interest in accordance with the Statute or the law.

(3)     The Assembly shall dismiss the Mayor if the conflict of interest existence is established.

(4)     The Mayor shall dismiss a Government member when the conflict of interest existence is established.

(5)     The resignation or dismissal shall become effective immediately.

Article 29

(Resignation in case of confirmation of indictment)

The Mayor or Government members shall obligatorily resign in case of confirmation of indictment due to a crime for which the law stipulates minimum six months prison sentence.

Article 30

(Mayor’s Removal From Office)  

(1)     The term of the Mayor shall be terminated with his/her removal from office in accordance with Article 59, Paragraph 1 of the Statute.

(2)     Decision on the Mayor’s removal from office shall be passed in accordance with the Statute and shall become effective immediately.

Article 31

(Dismissal of a Government Member)

(1)     A Government member shall be dismissed by the Mayor.

(2)     The Mayor shall be obliged to dismiss a Government member who by his/her behavior harms the reputation of the District and undertakes actions contrary to the law and moral and ethic standards.

(3)     The Assembly may veto the Mayor’s Decision on Dismissal of the Government member in accordance with Article 47, Paragraph 1 of the Statute not later than fifteen days from the day the Mayor notified the Assembly about his/her Dismissal Decision.

(4)     If the Assembly has not vetoed the Mayor’s Decision on Dismissal of the Government member within the deadline referred to in Paragraph (3) of this Article, the Decision shall become effective immediately.

(5)     When the Decision on Dismissal of the Government member becomes effective, the Mayor shall select a new Government member within 15 days in accordance with the Statute and this Law.

CHAPTER VI

RIGHTS AND OBLIGATIONS OF THE GOVERNMENT MEMBERS

Article 32

(Financial Disclosure)

(1)     The Government members shall respectively submit to the Assembly their Annual Financial Disclosure Statements on their total income, sources, assets, and liabilities as well as those of their family members to the first degree of kinship .

(2)     The Statements referred to in Paragraph 1 of this Article shall be considered  public documents and the Assembly shall provide them for public review in accordance with the law.

(3)     The form and contents of the financial disclosure statement shall be determined by the Government at the proposal of the District Finance Directorate.

Article 33

(Salary)

(1)     The Mayor shall be entitled to a monthly gross salary the amount of which shall be determined by multiplying the lowest salary in the District administrative bodies, as base salary, by the coefficient of 8.615.

(2)     Deputy Mayor shall be entitled to a monthly gross salary the amount of which  shall be determined by multiplying the lowest salary in the District administrative bodies, as base salary, by the coefficient of  8.339.

(3)     Chief Coordinator shall be entitled to a monthly gross salary the amount of which shall be determined by multiplying the lowest salary in the District administrative bodies, as base salary, by the coefficient of 8.197.

(4)     The Government Heads of Departments shall be entitled to a monthly gross salary the amount of which shall be determined by multiplying the lowest salary in the District administrative bodies, as base salary, by the coefficient of 7.599.

(5)     The salaries referred to in Paragraphs 1 – 4 shall be subjected to income tax.

Article 34

(Compensations and Financial Aid)

The Government members shall be entitled to compensations and financial aid stipulated in the Law on Salaries of the Employees  in Administrative Bodies.

Article 35

(Interim Financial Compensation Upon Completion of a Term)

(1)     Upon expiration of the term, the Government members shall be entitled to the interim financial compensation on the condition that they held the position for at least one full year.

(2)     The Mayor and Government members whose term lasted for:

a)  one full year shall be entitled to three monthly salaries of the Mayor and Government members,

b)  two full years shall be entitled to four monthly salaries of the Mayor and Government  members,

c)      three full years shall be entitled to five monthly salaries of the Mayor and Government members,

d)     four full years shall be entitled to six monthly salaries of the Mayor and Government members.

(3)     The Interim financial compensation shall be a one-off payment in the gross amount.

(4)     The Interim financial compensation shall be subjected to income tax.

(5)     The provisions of this Article shall not be applied in cases stipulated by Articles 27, 28, 29, 30 and 31 of this Law.

Article 36

(Annual Leave)

The Government members shall be entitled to thirty (30) working days of annual leave in a calendar year.

CHAPTER VII

TRANSITIONAL AND FINAL PROVISIONS

Article 37

(Bylaws)

The regulations for implementation of this Law shall be passed within 30 days from the day this Law enters into force.

Article 38

(Cessation of the Application of the Laws)

On the day this Law enters into force, the Law on Executive Authority of Brcko District of BiH (“The Official Gazette of Brcko District of BiH” No.: 5/01, 9/01, 12/01, 16/01, 17/02, 8/03, 14/03, 31/04 and 40/05)  and the Law on Members of the Government of Brcko District of BiH (“The Official Gazette of Brcko District of BiH”, No.: 34/04 and 40/05) shall be put out of force.

Article 39

(Entering Into Force)

This Law shall enter into force on the eighth day from the day of its publishing in the “Official Gazette of Brcko District of BiH.”

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