Zaštita prava u postupcima javnih nabavki u Republici Srbiji i zemljama u regionu
The Protection Of Rights In The Processes Of Public Procurement In The Republic Of Serbia And The Countries Of The Region

Summary/Abstract: The protection of rights in all the phases of the public procurement process is carries out through a specific (administrative) proceeding. The Law on General Administrative Proceeding, in its Article 3 allows the possibility of issuing specific administrative proceedings by stipulating that “the provisions of the law, due to specific nature of administrative matters in certain administrative areas, provide for necessary exceptions to the general rules of administrative proceedings and must be in accordance with the basic principles laid down by this law”. This procedure is initiated by a special remedy - the request for the protection of rights. The deadline for passing a decision on the request is determined, and in a case of its exceeding, there is an assumption of “silence of the administration” in which case it is considered that the request for the protection of rights is denied and the complaint is allowed in administrative proceedings. The topic of this paper is the protection of rights in the public procurement processes in the countries of the region: in Montenegro and in the Republic of Croatia. As well as in the Republic of Serbia, the process of the protection of rights in the above mentioned countries is the administrative proceeding, and the process of protection of rights is initialized by an appeal. Against the final decisions issued as the results of the administrative proceedings one can initiate an administrative dispute. In Montenegro and in the Republic of Croatia, the proceeding of the judicial protection is urgent.

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