Notification on the results of the examination procedure in the administrative procedure for the legalization of Šahić Mithat
Based on Article 111 of the Law on Administrative Procedure ("Official Gazette of Montenegro", no. 56/14, 20/15, 40/16 and 37/17), we inform you about the results of the examination procedure in the administrative procedure, for the legalization of illegally built facility, launched at your request.
During the examination procedure, the following evidence was presented:
- An overview of the request for legalization of the object in question no. UP 0403-1010 of July 16, 2018, the Notification of the Secretariat for Spatial Planning and Environmental Protection of the Municipality of Rožaje no. 06-333/22-462 from 05/25/2022. year, which was delivered by public notification - publication of a letter on the website of the Municipality of Rožaje on June 8, 2022, in accordance with Article 87 of the Law on Administrative Procedure ("Official Gazette of Montenegro", no. 56/14, 20/15, 40/16 and 37/17).
- Delivery by public notification is considered to have been made after the expiration of the period of 10 days from the date of publication of the letter, and for justified reasons the public legal authority may extend the period. Based on the above-mentioned evidence and the results of the examination procedure, it follows that your request for the legalization of an illegally built building, MESSY. This is because Article 60 of the Law on Administrative Procedure ("Official Gazette of the Republic of Montenegro, no. 56/14, 20/15, 40/16 and 37/17) states that when a submission contains some formal defect that makes it impossible to act, or if the submission is unintelligible or incomplete, the authorized official will require the party to remedy the deficiencies and set a deadline for it to do so.
If the party removes the deficiencies within the specified period, it will be considered that the submission was in order from the time of its submission.
If the party does not eliminate the deficiencies within the specified period, the authorized official will, within seven days from the expiry of the period set for supplementing the documentation, reject the submission with a decision.
Taking into account the above as well as the fact that this authority, by notification no. 06-333/22-462 from 05/25/2022. asked you to supplement the documentation in the administrative procedure for the legalization of an illegally built building, and the fact that the notification in question was delivered by public notification - publication on the website of the Municipality of Rožaje on June 8, 2022, and given that you did not submit the required documentation to this authority, the Secretariat for space planning and environmental protection of the Municipality of Rožaje, with the application of Article 60 of the ZUP, will reject your request as irregular.
Pursuant to Article 112 of the Law on Administrative Procedure, you can express your opinion on the results of the examination procedure in writing within 3 (three) days from the date of receipt of this notice, or orally on the Minutes of this public law body in the official premises of the Secretariat for Spatial Planning and Protection environment of the Municipality of Rožaje.
If you do not express your opinion on the results of the examination procedure within the specified period, this body will issue a decision without your statement.