What are the areas for which you can ask for a protection from the Ombudsman?

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The article was taken from the website www.pravdiko.mk

 

 

The violations of constitutional and legal rights can be from different areas made in different ways and forms: intentionally and unintentionally, bureaucratically, arbitrarily, inhumanely and with unsportsmanlike behavior, not acting accordingly to the citizen’s request, the failure to adopt an act, a decision, a conclusion, not issuing a certificate, a confirmation, an opinion, etc., prolonging a procedure, unequal treatment of citizens, wrongfully passed act, an act based on faulty and incomplete factual situation, an act based on incorrect material law, violated procedure and all other intentional and unintentional behaviors and actions that violate the rights and freedoms guaranteed by the Constitution, the laws and the ratified international agreements and conventions.

The violations for which the citizens can ask for a protection of their rights are from the following areas:

Pension and Invalidity Insurance – violation of the right to exercise pension (retirement, disability, family and agricultural); violation of the right for additional cash benefits; untimely and incompletely paid contributions for pension and disability insurance on the grounds of a work relation and unjustified delaying of the procedure.

Healthcare insurance – violations in the usage of healthcare services in primary, specialist-consultative and hospital care; accommodation and treatment in health care facilities and psychiatric facilities of a closed type; the attitude of the health workers towards the patients; participation for medical treatment abroad; violations of the right to a compensation of salary in case of sickness and maternity leave; not issuing confirmations of paid contribution – blue coupons etc.

Work relations – violations of the procedures for reassignment of the employees’ jobs in the state administration bodies and in the organizations with public authority; violation of the procedure for selection and employment in these organs; misuse of the regulations in the procedures; not paying for healthcare, pension and disability insurance; and other violations of the rights arising from the work relation.

Urbanism and Construction – delaying and not issuing constructional-technical documentation; long procedures and administrative silence; unfoundedly adopted acts – solutions for confiscated right to use a construction land; failure to perform administrative acts for illegally constructed buildings; not issuing user permits or issuing them on no grounds; failure of the inspection authorities to act at the requests of the citizens; not including the interested parties in the procedures; illegal legalization of illegally constructed buildings; delaying the procedure for approving the implementation of the detailed urban plans, etc.

Property-legal relations – delaying, mishandling or other violations during the expropriation proceedings; violations in determining and paying the compensation for the expropriated property; violation of rights in the real estate records in the cadastral operator; registration of real estate rights; not issuing possession or property list; claims seeking restitution of nationalized or expropriated property; violations in the procedure of deciding on the prior right of construction; violations of procedures for recognition of the rights related to industrial property, copyrights and rights related to them; violation of the rights of the citizens in the procedures of transformation of public property, etc.

Police procedures – violations in the procedures for acquiring and quitting the citizenship of the Republic of Macedonia; abuse and overstepping of official authorizations of the police and deprivation of the right of defense while running police procedures; violations in the procedures for temporarily seized cases; violations during the procedures for issuing IDs or travel documents; not acting upon the criminal charges filed by citizens; violation and delay of the procedure for registration of vehicles; violations of the rights of prisoners and detainees in penal and correctional institutions and other institutions with limited freedom of movement, etc.

Non-discrimination and adequate and equitable representation – protection of the rights of the citizens and monitoring the application of the principles for non-discrimination and adequate and equitable representation of the members of communities in the government bodies, the units of local government and the public institutions and services.

Finances – violation of the rights in the procedure in front of the Public Revenue Office during the determination or exemption from tax liability, collection of judicial, administrative, municipal and other taxes; violation of the rights of individuals and legal entities in the handling and operation of foreign currency by the bodies that perform currency supervision and control; violation of the rules for issuance and operation with securities, etc.

Judiciary – violation of the rights of the citizens by unjustifiably delaying the court proceedings; not preparing court judgments or their untimely delivery to the clients; untimely delivery of declared regular legal remedies of jurisdiction; not responding to the request for issuing data from the trade register; not performing executive orders; abuse of power by the judicial police; unjustified delay of administrative-court proceedings (issuing various certificates, working with clients in the court archive, etc.); delaying the procedure or not acting upon the submitted requests from citizens  due to undertaking criminal prosecution and indictments; violation of the rights of persons who are in facilities with limited freedom of movement (prisons, correctional institutions), etc.

Social rights – violation of the right for achieving permanent or lump sum benefit; a right for financial compensation for foreign aid and care; violation of the right for salary compensation for part-time care for a severely handicapped child and a right to housing for socially disadvantaged persons without housing; violations in the proceedings for naming a guardian; accommodation of people with developmental disabilities, children and youths with educational-social issues; accommodation of elderly people in adequate facilities; a right for a financial compensation due to unemployment, etc.

Residential area – violation of the rights in the proceedings for sale of a residential and commercial property; violations during the proceedings for granting apartments; delaying of the proceedings in front of the Commission for residential issues at the Government of the Republic of Macedonia, etc.

Education – violation of the rights of enrollment in all educational institutions; the relationship of the teachers toward the students; receiving credits and scholarships; accommodation and conditions in the dormitories, etc.

Local government – delaying of the procedure for adopting, amending and supplementing the detailed urban plans, as well as maintenance, construction or replacement of the old infrastructural network (the water supply, sewerage, electrical, etc.); failure of the inspection authorities to act at the request of the citizens, etc.

Environmental protection – violations of the rights due to not taking measures for preventing occurrences that lead to environmental pollution; not taking measures for preventing harmful noise; not performing inspection supervision on the application of technical and technological measures for protection of the air and the water from pollution, protection from waste materials, etc.

Public services and consumer rights – unrealistically high bills for water consumption, electricity and telephone impulses; violation of rights during the signing of a subscriber’s contract in a telephone network; cutting off the water supply network and electricity; the quality of the services and the amount of the compensations charged by the utilities; the treatment of the market inspection, forest police, etc.

Child protection – delaying, inappropriate behavior and not acting upon the requests submitted to the centers for social work and other bodies and organizations which realize the rights of children (facilities, schools, kindergartens and other institutions); misleading and unverifiable decisions that determine the manner of realization and the exercise of parental rights and responsibilities of the marital partners and the procedures for custody, supervision over the parental rights and violations in exercising the rights of the orphans and the children with special needs; violations of the rights of children in the area of healthcare protection, etc.

Customs operations – violations in the procedures for indebtedness or release of the citizens from customs duty; establishing a customs debt; collection; reporting goods; customs control; import and export tax etc.

Defense – violation of the rights of military conscripts during recruitment and other rights that are exercised during military duty service; violation of rights in the procedure for service in reserve; violation of the procedure for exemption from the obligation to participate in military exercises etc.

Science, sport and culture – violations of the rights from the publishing business; violations of the rights from scientific and research activity; providing conditions for citizens’ access to cultural values ​​and their mass use, etc.

Correctional facilities – protection of the rights of persons who are serving a prison sentence and the persons against whom a detention is conducted by taking actions and measures for the realization of the rights guaranteed by national and international norms and standards.

Other rights – acting on complaints filed by legal entities or citizens when the law is violated by a private legal entity where, because of the Ombudsman’s non-competence, the applicants are given legal advice for protection of their rights.

 

Source: http://www.ombudsman.mk

 

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