RESPONSIBILITY OF ADMINISTRATION BASIC PRINCIPLE IN THE ADMINISTRATIVE PROCEDURE

  • Jadranka Denkova
  • Jovan Ananiev
  • Strasko Stojanovski

Abstract

Generally, responsibility is misconduct of a physical or legal person who deviates from legal and moral norms, causing consequences and should be responsible for its actions by the law. In administrative law, this means that each administrative body should be responsible for its actions before another administrative, legislative or judicial authority. This means that through the responsibility, the values ​​of a system is promoted, which are: efficiency, effectiveness, reliability and predictability of the public administration. A special feature of responsibility in the area of administrative law is that it is provided through a complex set of formal procedures. There is no abstract responsibility, but there is a concrete and legally defined responsibility explained through a set of specific proceduresIn the Republic of Northern Macedonia, the responsibility of the administration is codified in the Law of Administrative Servants where the easier and more severe violation of the working position is distinguished, as well as the manner and procedure of proving the responsibility of the administration and pronouncing the disciplinary measure. The subject of this paper is legal provisions analysis regarding the responsibility of the administration, the types of responsibility, disciplinary procedures and the applicability of disciplinary procedures. The purpose of this paper is analyses of the procedures that determine the personal material liability of the administrative officials contained in the laws in the Republic of Macedonia. The emphasis of this research is the responsibility of the administrative servants in the adoption of specific administrative acts, resolution of administrative cases in the administrative procedures, that is, when the outcomes of the proceedings are ruinous solutions that cause damage to citizens. European countries have clear rules about compensating the damage to citizens due to unprofessional and irresponsible work of the administration. The Law of Administrative Servants in the Republic of Northern Macedonia points to compensation for the damage that will be inflicted on third persons by the citizens, compensated by the state administration body. The question is whether our legislation on the responsibility of the administration should consider establishing clear indicators that will detect the responsibility of the administration, especially the one that inflicts damage on the citizens. The methodology of labor is based on the analysis of relevant legal and sub-legal acts, statistical indicators, as well as indicators of previous research relevant to the subject of research. In the current practice and analysis of the state authorities, it is perceived that there are very few disciplinary procedures that have been against the administrative officials, and for the material responsibility of the administrative officials, there is not a single procedure. As long as there are no clear indicators that will indicate inefficiency of the administration and as a result bearing material responsibility, and personally compensating the damage caused to the citizens, we can not speak about the efficient and responsible operation of the administration in the Republic of Macedonia.

Published
Sep 20, 2019
How to Cite
DENKOVA, Jadranka; ANANIEV, Jovan; STOJANOVSKI, Strasko. RESPONSIBILITY OF ADMINISTRATION BASIC PRINCIPLE IN THE ADMINISTRATIVE PROCEDURE. Proceedings of the International Scientific Conference "Social Changes in the Global World", [S.l.], v. 1, n. 6, p. 323-337, sep. 2019. Available at: <http://js.ugd.edu.mk/index.php/scgw/article/view/3127>. Date accessed: 27 may 2020.