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    PRESENTATION OF THE SIXTH ANNUAL REPORT OF THE NATIONAL PREVENTIVE MECHANISM

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Field of work

The violations of the constitutional and legal rights can refer to various fields and can be incurred in various ways and forms, such as follows: purposefully or accidentally, through bureaucratic, arbitrary, improper and inhumane treatment, not handling the claims of citizens, not making acts, resolutions, statements, certificates, opinions, etc., delaying the proceedings, discriminating the citizens, making wrong acts, basing acts on erroneously or incompletely ascertained factual situation, flawed law application, violating proceedings,  and other purposeful or remiss behaviour  and actions by way of which are violated the rights and freedoms of citizens guaranteed by the Constitution, laws, and ratified international agreements and conventions.

Violations of rights for which citizens can ask help from the Ombudsman are in following fields:

pension and disability insurance - violations of the right to pension (retirement pension, disability pension, family, and farmer’s pension), right to appropriate financial remuneration, untimely and incompletely paid contributions for pension and disability insurance on the grounds of labour relations and unjustified delay of the procedure for the same.

medical protection - violations of the rights to medical services in the primary, specialists-consulting, and hospital protection, placement and treatment in medical and psychiatric institutions of the closed type, medical personnel mistreatment of their patients, financial participation for treatments abroad, violation of the right to equitable relief in cases of sick and maternity leaves, withholding of the proof that medical contributions have been paid-medical slips, etc.

labour relations - violations of the procedures for employees reassignment in the organs of the state administration and organs and organizations with public authorities, violation of the procedure for the selection and employment within these organs, circumventing regulations in various procedures, non payment of the contributions for medical, pension, and disability insurance, and other violations stemming from labour relations.

urbanism and construction building - delay and non issuing of construction building-technical documentation, dragging of procedures and silence of the administration, groundlessly made decisions-acts by virtue of which is withheld the right to use development land, non execution of administrative acts for illegally built constructions, non issuing of requisite permits or their unlawful issuing, not  acting of the inspection organs upon the claims of citizens, non involvement of the interested parties into the procedures, unlawful legalization of the illegally built constructions, delay of the procedure for the approval of detailed urban plans, building of the new or replacement of the old infrastructural network (waterworks, sewer, electricity), etc.

property rights - delay, mishandling, and other violations in the procedures for expropriation, violations while fixing the sum for equitable remuneration for expropriated real estate, violations of the rights while registering real estate in cadastre registry books, registering of the rights on real estate, withholding of title deeds, reclaiming of nationalized or expropriated real estate, violations in the procedures for the determining of priority construction rights, violations of the procedures for the recognizing of rights pertaining to industrial ownership, copyrights and related rights, violation of the rights for the transformation of public ownership, etc.

police procedures - violations in the procedures for the acquisition and termination of the citizenship of the Republic of Macedonia; abuse and overstepping of official authorities by the police and withholding of the right to defence in police proceedings; violations in the procedures for temporary seizures; violations in the procedures for issuing of personal documents, travel documents; not handling of criminal charges filed by citizens; violation and delay of procedures for the registration of motor vehicles; violations of the rights of the convicted and detained persons in the correctional and penitentiary institutions and other institutions with the restricted freedom of movement.

non-discrimination and adequate and equitable representation- protection of citizens' rights and monitoring of implementation of the principles of non-discrimination and adequate and equitable representation of members of communities in state organs, bodies of local government units and public institutions and services

finances - violations of the rights in the procedure before the Public Revenue Office in the procedures for the fixing of or exempting from taxes, payment of court, administrative, communal, and other types of taxes, violations of natural persons and legal entities rights in the disposition and work with foreign currencies by the organs that carry out the oversight and control of the transactions with foreign currencies, violations of the regulations for the issuing and work with securities, etc.

judiciary - violations of rights resulting from unjustified delay of proceedings, not making of court decisions and their non-delivery to the parties, untimely delivery of regular legal remedies of jurisdiction, not responding to the claims for issuing of data from commercial registries, non execution of enforceable orders, the abuse of the court police of their authorities, unjustified delay of administrative-court proceedings (issuing of various certificates, work with parties in the court’s intake office, archive, etc.), delay of proceedings or not handling of the claims of citizens due to prosecuting and bringing of charges, violation of the rights of the persons in the institutions with the restricted freedom of movement (prisons, penitentiaries), etc.

social rights - violation of the right to permanent or one time relief, the right to financial compensation for medical assistance and care, violation of the right to compensation on the grounds of short time due to a care for a severely handicapped child, housing right of socially underprivileged persons-without an adequate place of living, violations of the rights in the process of appointing a guardian, placement of persons with developmental problems, children and young people with behavioural problems, placement of old people into nurseries, unemployment benefit, etc.

housing sphere - violation of the rights in the procedure for the sale of housing and office space, violations in the procedures for allocation of apartments, delay of procedures before the Housing Committee of the Assembly of the Republic of Macedonia, etc.

education - violations of the rights to register at educational institutions, treatment of students by their teachers, obtaining scholarships and stipends, placement and living conditions in students’ dormitories, etc.

local self-government - delay of the procedure for the enacting, changing, and amending of detailed urban plans, as well as maintenance, construction or replacement of the old infrastructural network (waterworks, sewer, electricity, etc.), non acting of the inspection bodies upon the claims of citizens, etc.

living environment protection -  violations of the rights to protective measures a lack of which brings about a living environment pollution, non undertaking of measures for the reduction of harmful noise, non execution of inspectional oversight of the enforcement of technical-technological measures for the protection from air and water pollution, protection from waste products, etc.

public services and consumer rights - unjustifyingly (unreasonably) high water bills, electricity bills, and telephone bills, violation of the right to get a phone line, water and electricity cutting off, poor quality of services,  utility bills, market inspection maltreatment, forest rangers, etc.

child protection - delay, inadequate treatment, and not handling of the claims submitted to the centres for social work (welfare centres) and other organs and organizations in which are exercised the rights of children (institutions, schools, kindergartens, and alike), wrongful and unargumented decisions that determine the manner in which parental rights and obligations of spouses and custody procedures will be realized and exercised, oversights of parental rights and violations of the rights of children without parents and children with specific needs, violations of the children’s rights in the procedures for medical care realization, etc.

customs - violations in the procedures for fixing or exempting from paying duties, fixing of duty debt, collecting duty, declaring the goods, duty control, export and import duty, etc.

defence - violations of the rights of conscripts while being drafted and other rights they exercise while doing military service; violation of the rights while being in active service; violation of the right for exemption from the obligation to participate in military drills (conscientious objector), etc.

science, sport, and culture - violation of the rights from the publishing sphere, making provisions for the accessibility of cultural values and their mass consumption by all the citizens, etc.

penitentiary correctional institutions- protection of rights of persons who are serving a sentence of imprisonment and persons against whom detention is carried out by taking actions and measures for realization of rights guaranteed by domestic and international norms and standards.

other rights - acting on complaints submitted by legal entities or citizens when their right is violated by a private entity and because of non-competence of the Ombudsman the complainants are given legal advice how to protect their rights.




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