CIVIL LIABILITY OF RAILROAD EMPLOYEES IN YUGOSLAVIA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-00809A000700010569-8
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 4
• Document Creation Date: December 22, 2016
• Document Release Date: September 21, 2011
• Sequence Number: 569
• Publication Date: October 11, 1951
• Content Type: REPORT

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50X1-HUM
CENTRAL INTELLIGENCE AGENCY REPORT
INFORMATIC'N FROM
FOREIGN DOCUMENTS OR RADIO BROADCASTS CD NO.
CLASSIFICATION CONFIDENTIAL NFI3: V lA
COUNTRY Yugoslavia
SUBJECT Sociological - Legal
HOW Monthly periodical
PUBLISHED
WHERE
PUBLISHED
DATE
PUBLISHED
LANGUAGE
DATE DIST. // Oct 1951
Zagreb
Apr 1951
NO. OF PAGES 4
SUPPLEMENT TO
REPORT NO.
THIS DOCUMENT CONTAINS INFORMATION AE.ECTING THE NATIONAL DELENRE
OE THE UNITED STATES WITHIN THE MEANING OR ESPIONAGE ACT ED
U S C.. S1 AND'RE. AS AMENDED. ITS TRANSMISSION OR TOE REVELATION
I TO AN U"-UTH PI
N Of THIS TOEM IISI POHIEIITED. IS PRD
CO -HTE IN REPRO OU TIIO
Zeleznice, Vol VII, No 4, 1951,
THIS IS UNEVALUATED INFORMATION
CIVIL LIABILITY OF RAILROAD EMPLOYEES IN YUGOSLAVIA
em-
The provisions of the decree on civil liability of Railroad Ministryieme
ployees casYugoslavia may Rn+horitiesrhavedcountil, nductedyan investigate npofpthe
to 'each h cae, i,L.e p'-op-_ nt of comnensR-
particular case. This means that before determining LIAI a ~.3;;
tion for damage, the place and time the damage was caused, its actual cause,
and the amount of damage and liability of the employee responsible must be es-
tablished in each case.
According to the provisions of this decree, the amount of damage is deter-
mined by a price list, or by the actual cost of repair as proved by the repair
bill. When the amount cannot be determined from a price list an.l damage cannot
be repaired immediately or at all, it is to ue aetermined uy a commission es-
tablished for this purpose. Damage is to be evaluated conscientiously, accord-
ing to the actual purchase price of the damaged or lost items prevailing at the
time and place the damage was caused, or on the basis of the market price.
Also, for evaluation purposes official inventory books ma3 be used, or even
prices determined by the local Price Administration Office. A reasonable de-
preciation of such items due to normal wear and tear should also be taken into
consideration, Liability of the employee responsible for damage is determined
according to the provisions of the civil code applicable to the case. In com-ion for pliance with these provisions, no employee is liable toeprosecution forudamage
incurred while fulfilling his duties properly, i.e.,
responsible for them. Consequently, the legal proceedings must determine whether
or not an individual employee is responsible for the damage If he is not re-
sponsible, he is not liable, he notebefcharged. Repair costs of, or
compensation for damage, are
However, this does not mean that such an employee is not liable to criminal
prosecution or disciplinary measures. According to the provisions of the Civil
Service Employees' Code, such employees carry civil responsibility and are liable
to prosecution for acts committed in their official capacity, to disciplinary
measures, and to criminal prosecution. None of these liabilities is exclusive,
however; merely because an employee undergoes criminal prosecution in a certain
case, he is not exempt from disciplinary measures, or from compensating for damagd`.,
TA
X
CLASSIFICATION
-1-
M I., E T!A1
--__.. COM
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CONFIDENTIAL
The procedure must include interrogation of the employee concerned, since
giveninter-
according to the Yugoslz.v Constitution no person may bteheconvicted
rogation has taken place. This serves two purposes:
opportunity to defend himself, and the interrogation provides evidence pertain-
ing to the case.
On the basis of evidence developed through administrative procedure, a de-
cision fs made regarding compensation by the employee responsible. The juris-
civil liability compensation for
diction of authorities the decisions
decree n on regarding
set forth in Paragraph 4 of Ministry
employees, as follows: all da 1. For damage valued from 100,000 to onemidinf dinars vau and fort al fdaeage
caused by employees of the Railroad Ministry, regardless Railroad Minister. -
2. For damage up to 100,000 dinars -- the general director and director of
a railroad directorate,
3. For damage up to 50,000 dinars -- the director of the railroad organi-
zation concerned,
4. For damage up to 5,000 dinars -- the chief of the railroad sta
head of the locomotive depot, director of the technical school, or any other
official of corresponding grade.
Administrative procedure and the jurisdiction of administrative authorities
do not apply when the damage exceeds one million dinars. Damage over one million
dinars is under the jurisdiction of regular courts.
Authorities who will decide full or partial exemption of railroad employees
and workers from compensation for damage are as follows:
1. The federal government -- for eAemptions of over one million dinars.
2. The Railroad Minister -- up to one million dinars.
3. The director of the railroad directorate -- up to 50,000 diners.
4. Division head of the railroad directorate concerned -- up to 25,000
dinars.
5. Railroad station chief Grade I, or locomotive depot head grade I -- up
to 10,000 dinars.
6. Heads of all other railroad operating agencies -- up to 5,000 dinars.
When compensation cases have been handled by a regular court of law, no ad-
ministrative proceedings shall be ordered. There have been violations of this
principle. For example, an employee found responsible for an accident causing
damage to the state was tried before the District Court and found guilty. In
addition to sentencing him to prison, the court ordered him to pay a definite order mount of the damage. Disregarding
this, employee's
employeesoas yelled The
disciplinary procedure against rules. The
disciplinary court found all three guilty of violating disciplinary
verdict of the disciplinary court demanded that compensation be paid by all three
employees found guilty by the disciplinary court, although this matter had already
nal procedure. OObv bvi usly, the
been ruled on by the District Court a in proper , criand minal
verdict of the disciplinary
CONFIDENTIAL
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CONFIDENTIAL
From the jud__ial viewpoint, every deci-ion must comply with pertinent legal
provisions. These are set forth in the General Administrative Procedure Decree.
All legal provisions enacted during t4kie'e7ftemy occupation and prior to 6 April 1941
have been abolished by law. The old Yugoslav ueneral Administrative Procedure
Decree has lost its effect, but since the new decree has not yet been enacted, the
provisions of the old one still. obtain, insofar as they do not contradict the fed-
eral or republic Constitution or laws.
The principle of legality requires that every legal decision state the fol-
lowing:
1. Official position of The state authority making the decision
2 Description of the case and name of the person the decision concerns
3 Stumnary of trie decision and rights of appeal
4 Substantlat ion
5 Date the decision is made, signature of responsible authority, and offi-
cial seal.
One copy of the decision is ;bailed to the employee concerned, who certifies
receipt by signing either the original of the same decision or a special receipt.
An appeal period of 15 days from decisions for damage compensation is allowed.
The right of appeal is granted by the Constitution, and it is up to the individ-
ual to exercise it
An appeal is made:
1. To the federal government from decisions made by the Railroad Minister
2. To the Railroad Minister f_ou dec:.oloc. ma.c- by a goneral director (for
instance, the General Director of the Mein Railroad Construction Directorate) or
a director of a railroad directorate
3 To the director of a railroad directorate from decisions made by a rail-
road-station chef, head of a locomotive depot, or any other official of corre-
sponding grade
4 To the general director or director (of, for instance, the Main Rail-
road Construction Directorate, Railroad Employees' Supply Directorate, and Sleep-
ing- and Dining-Car Directorate), from decisions made by any other railroad-
agency chief.
No special form is prescribed for an appeal. The reasons for appealing the
decision need only be stated in writing in a clear and precise way. The period
of appeal is established by law, and as such it cannot be shortened or lengthened.
It begins the day after the individual receives the decision. Sundays and holi-
days within the appeal period are counted as workdays, but if the last day for
appeal falls on a Sunday or holiday, the day following is considered the final
one. Appeals must be made within that period; otherwise they wil]. be rejected.
Although appeal is made to the authority who will hear it, for efficiency purposes
it is channeled through the official who made the original decision. It may be
submitted directly, or posted as a registered letter, In the latter instance,
the date of mailing is considered the date the appeal was made to the responsible
authority. Channeling the appeal through the official responsible for the orig-
inal decision is justified by the fact that this person keeps the complete case
on file. According to appeal procedurekthis authority must certify to the date
of the appeal, thus determining whether it was made within the specified period.
He is authorized to reject all untimely appeals. Also, he will reject all "-
authorized appeals, and those submitted by unauthorized persons. Unauthorized
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~uE~ 19,x.
appeals coasis! these mate `'rom decisions which allow no right of appear when
a decision is appealed, and the authority who made the decision realizes that it
was wrong or illegal, he has the right to rescind it and make another one. In all
other instances this authority must immediately forward the appeal, together with
the entire case file, to the person who will hear it-
Appeal will postpone the effective date of the original decision; this means
that appeal will delay the final deei.sion until the appeal authority settles the
case Decision of an appealed case is final and definite. It has full legality,
cannot be rescinded or awente? by normal procedure, and must be carried out.
A rear distinction should always be made between. an effective decision and
a final one, An effective '.eclsion may be carried out, but not every effective
decision is a final one. On the other hand, every final decision is at the same
time effectiLe There are certain cases in which it is explicitly stated that
appealing a decIsien cannc- postpone its effectiveness. In such cases decisions
are effective, but not final. for they may be rescinded or amended in the process
of appeal. However, an original decision may to immediately effective, for in-
s-.ance, when a ie_lsion has no, been or cannot be appealed
The decree concerning civ"1 liability of Railroad Ministry employees provides
that employees d'rec.-Pits by the appeal authority to pay compensation have the right
to appeal -o a regular court within a 30--ay per'.od This right of appeal, however,
will no'. del~?v rhp e`f ec*? 1e_,psi c' he riecIS1Oc
CONFIDENNAL
is .: i.+ut
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