Professional paper
https://doi.org/10.32984/gapzh.13.1.8
Legal Capacity of Persons with Intellectual Disabilities in Procedures for Deprivation and Restoration of Legal Capacity
Bruno Kobali
orcid.org/0000-0001-8042-824X
; Croatian Association of Societies of Persons with Intellectual Disabilities, Zagreb, Croatia
Abstract
This paper provides a review of resolving administrative proceedings of the public body of the City of Zagreb, which is an important topic for all participants in accordance with the provisions of the General Administrative Procedure Act, with respect for the deadlines and protection of legal interests and legitimate expectations of parties. The conducted research sought to consider and find what the actual competence of a public body is, i.e. what types of administrative procedures it involves, by focusing on the most numerous administrative procedures within the competence of a public body: procedures for providing evidence of the condition and value of real estate and expropriation procedures. The relevance of the obtained data is extremely important because these are administrative procedures that are urgent according to the law, which is exactly what the provision of Article 12 of the Expropriation Act says. Therefore, an analysis was carried out on the number of resolved and unresolved proposals in the procedures for securing proof of real estate value and expropriation procedures in which the public body participated within its competence by conducting administrative procedures. The result of the research showed that the ratio between received and resolved proposals for securing proof of condition and value of real estate is actually identical, while with respect to the ratio of received expropriation proposals in relation to the number of resolved expropriation proposals the percentage is higher to some degree since the nature of expropriation procedures is more complex. The expropriation proceedings include a complete and complex evidentiary procedure with the participation of all parties and experts, and, among other things, a large number of motions are pending before the appellate body.
Keywords
Hrčak ID:
285388
URI
Publication date:
9.11.2022.
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