Subjects of inspection supervision
Dear subjects of inspection supervision,
On these pages you can find information that will help you better understand your role in the process of inspection supervision, including your rights and obligations.
Pursuant to Article 3, Item 2 of the Law on Inspection Supervision (“Official Gazette of the Republic of North Macedonia” no. 102/19), “subject of inspection supervision is a legal and natural person determined by the laws which provide for conducting the inspection supervision”.
In this context, the Law has paid due attention on your by moving your rights and obligations into a separate chapter of the Law, namely the Chapter VII. Subject of inspection supervision. With the new Law on Inspection Supervision, significant reforms are made in the inspection system, which also apply to you – the subjects of inspection supervision.
The main benefit for you is the new approach that reduces the repressive nature of inspection supervision, at the expense of strengthening the preventive role of inspectors.
Your rights are precisely defined in Article 62, according to which every subject of inspection supervision has the right:
- to propose and submit evidences that are important for determining the factual situation, during the procedure of performing the inspection supervision;
- to refuse to sign the minutes if s/he does not agree with the facts stated in the minutes or if s/he is denied the right to comment on it;
- to give a remark with explanation, on the minutes for performed inspection supervision, regarding: the legality of the inspection procedure, the behavior of the inspector and the accuracy of the established factual situation;
- to a written notification on the subject and duration of the regular inspection supervision, accompanied by a checklist;
- to be acquainted with the rights and duties in the context of inspection supervision;
- to be acquainted with the legal basis for performing the inspection supervision;
- to warn the inspector of the confidentiality of the information s/he makes available to him;
- to accompany the inspector(s) during the inspection supervision performed at the premises of the subject;
- to obtain a copy of each checklist to be used during the inspection supervision;
It is necessary to understand your rights in the context of the principles of inspection supervision, including the principle of legality, the principle of material truth, and the principle of hearing the subjects of inspection supervision. The latest is especially important, because only if you actively participate in establishing the factual situation you can expect that the complete material truth will be obtained during the inspection supervision.
Your obligations are also regulated in detail in Article 63 of the Law, according to which:
- The subject of inspection supervision is obliged to provide the inspector with access to the premises, products, electronic databases or any other means that are subject to inspection, as well as insight into the entire documentation and information necessary to determine the factual situation.
- The subject of the inspection supervision is obliged upon the written request of the inspector, within the deadline determined by the request, to submit or prepare accurate and complete data, reports, materials or other documents that are necessary for the inspection supervision.
- The subject of inspection is obliged to provide the inspector with the necessary conditions for conducting the inspection. supervision
- The subject of inspection supervision is obliged to appoint a person who will be present during the inspection supervision.
- The subject of the inspection supervision is obliged, upon a reasoned written request of the inspector, to terminate the operation during the inspection, if the inspector cannot otherwise perform the inspection.
- The subject of inspection supervision is obliged immediately after the expiration of the deadline determined for execution of the inspection measure, but at latest within three days, in writing and/or by e-mail, to inform the inspector whether the inspection measure has been performed.
It is important for you to be aware that non-compliance with some of these obligations creates an opportunity to be fined, in accordance with Articles 98 and 99 of the Law.
