ОСОБЕНОСТИ НА ПРОЦЕСУАЛНИТЕ ПРАВИЛА НА КОМИСИЯ ЗА ЗАЩИТА ОТ ДИСКРИМИНАЦИЯ
SPECIFICS OF THE PROCEDURAL RULES OF THE COMMISSION FOR PROTECTION AGAINST DISCRIMINATION

Summary/Abstract: This report examines some specifics of the proceedings before the Commission for Protection against Discrimination as a special administrative procedure that takes place in its own procedural rules spelled out in the Law on Protection from Discrimination Act (PADA). Peculiarities that distinguish the administration of disputes in Commission are in terms of jurisdiction and powers of the Commission and mainly in the proceedings rules. Some of the rules have analogs in Administrative procedure code, but many of them are specific, which should be taken in consideration by the parties. Another interesting characteristic, revised here, is connected with existence of two phases in procedure and with burden of proof, which is defined in Article 9 of the PADA. The implementation of the Commission decision, as the administrative document also becomes in a special order. Attention is paid to the control, which in its nature represents secondary administrative procedure developed inside the general procedure, which involves the collection of evidence for enforcement, spot verification to establish facts and circumstances or other actions provided for in the decision itself, as non-executions is subject of sanction with act of establishment administrative offense.

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