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Today, Serbia has written the blackest crown statistics so far in its history. With 3,536 newly won and 21 deceased, we are dangerously close to the red zone and the scene of the region, where 70 people die every day, seems closer and more terrifying. Pending new measures and considering whether to move in the direction of a more aggressive conclusion, Serbia awaits a key legal solution that will allow the introduction and change of a strict policy of punishment for non-compliance with the measures. “Blic” learned about the Proposal for Reforms to the Law for the Protection of the Population from Infectious Diseases, and this is what it provides for sanctions and authorizations from the communal militia.
The deputies will consider the reforms to the Law for the Protection of the Population against Infectious Diseases in the session scheduled for Thursday. The law should be approved by urgent procedure and, if there are no changes, it will remain in its current form. However, that will only be known in the session itself.
Serbia is now practically in an absurd situation: no masks are worn and there are no sanctions, meetings are forbidden, but we meet, clubs cannot work after 11pm, but they work and are full. The only practical solution is to change the law.
“Blic” reveals what the new legal solution predicts in terms of authorizations for communal inspectors and militiamen.
That is, in the law that will be before the deputies tomorrow, it is clearly written which sanitary inspectors are allowed and which are not, as well as what are the powers of the communal militiamen.
Thus, the Health Police is mentioned as a basic body, which can issue an order of offense to the prosecution if it determines non-compliance with the measures prescribed by the State.
On the other hand, in the event that an epidemic of greater epidemiological significance is declared, such as the coronavirus, the work carried out only by sanitary inspectors can now be entrusted to the communal inspection at the local level. In cities and places where there is a communal militia corps, the communal militiaman can also write an inspection and punishment.
However, what most people are interested in is what the procedure is and the powers that certain organs have.
The powers of the communal inspector and the communal militiaman are the same:
1) You can issue a misdemeanor warrant.
2) You may submit a report to the competent authority for the crime committed or a request to the competent authority if it is a minor crime.
3) You can inform other bodies of the reasons for taking certain measures.
In addition to the powers prescribed by the new Law for the Protection of the Population against Infectious Diseases, the communal inspection and the militia also have certain functions, in cooperation with the local autonomous governments.
Thus, as established by the Law, local personnel are obliged to send periodically, weekly, and if necessary more often, reports to the Ministry of Health on the supervision carried out, the controls and the measures implemented.
Closure of stores that violate the measures
In the new legal solution, community services have practically the opportunity to close premises, cafes, departments or clubs that violate the prescribed epidemiological measures.
The law establishes that when there are reasons of urgency when human life and health are in danger, and in cases of non-compliance with prescribed measures during a large-scale epidemic, also when more people gather than prescribed, communal inspectors and police officers can orally order certain measures to prevent such behavior.
Under the new law, they can:
1) order the emptying of the facility or space in which the violation of the measures occurred
2) They may prohibit the carrying out of activities in the facility or space where the measures have been violated for a maximum of 72 hours.
PRESCRIBED SANCTIONS
The following sanctions are prescribed for legal persons:
– A fine of 300,000 dinars will be imposed on a legal person for fault if it determines measures of personal protection against contagion, as well as if it does not determine who is responsible for the direct application of those measures.
– An entrepreneur will be fined just 150,000 dinars for the same offense.
– A fine of 50,000 dinars will be imposed on the person responsible in the first person
– A fine of 30,000 dinars to the person responsible for the immediate application of these measures.
The following sanctions are prescribed for natural persons:
A fine of 5,000 dinars will be imposed on the natural person who does not comply with the measures of personal protection against infection designed to protect the health and life of both his and others during the epidemic.
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