ОДГОВОРНОСТ ЈАВНОГ ИЗВРШИТЕЉА ЗА ШТЕТУ ПРОУЗРОКОВАНУ У ВРШЕЊУ ЈАВНИХ ОВЛАШЋЕЊА: КОМЕНТАР ПРЕСУДЕ ВРХОВНОГ СУДА
LIABILITY OF A PUBLIC ENFORCEMENT OFFICER FOR DAMAGE CAUSED IN THE EXERCISE OF PUBLIC POWERS: A REVIEW OF THE SERBIAN SUPREME COURT’S JUDGMENT

Summary/Abstract: The delegation of public powers from the courts to public enforcement officers within the enforcement procedure raises the issue of the supervision of the work of the new judicial professionals. Public enforcement officers are supervised by the Serbian Ministry of Justice and the Chamber of Public Enforcement Officers, and any irregularities identified during such supervision can give rise to disciplinary proceedings. The courts decide on legal remedies and other legal means directed against the public enforcement officer’s decisions and actions. Judicial mechanisms of legal control are regulated by law, and supervision by the Ministry of Justice and the Chamber of Public Enforcement Officers is regulated by law and bylaws. Liability of the public enforcement officer for damage caused in the exercise of public powers is regulated by a single statutory provision, which has given rise to uncertainties in judicial practice. This paper analyses the Serbian Supreme Court’s judgment addressing disputed legal issues.

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