Corridor Incident Applications 10 – the jurisdiction of the Honorary Court is determined



For the Honorary Court of the Serbian Chamber of Engineers (IKS) there are seven procedures for determining liability and possible failures in the work of engineers, and each year on average five to six engineers in our country remain without a license.

In addition to the seven procedures being carried out, at the end of last week the Chamber of the Chamber received 16 applications from the Ministry of Civil Engineering against designers and engineers who carried out technical checks on the main project for the construction of part of the E-75 motorway. on the section Grdelica (Gornje polje) The valley, and after the recent collapse of the supporting wall at the Predejane tunnel.

Applications against IKS members are currently being analyzed by the prosecutor of the chamber, who decides in the first instance whether the institution is responsible for instituting proceedings against engineers, Tanjug Chairman of the Complaints Committee of the Board of Directors of IKS Dragomir Acovic.

"An application has been made, but it does not state what capacity these people worked in. If they worked as officials of the administrative authorities, then the case is not in our jurisdiction, but if they worked as engineers in certain work organizations and as their involvement akin to performing professional duties, that's the case for us, "said Acovic.

He explained that obtaining engineering licenses is always a shorter procedure, which should take a maximum of one month, while the process of withdrawing the "work permit" is a very complex procedure and can not be limited in time.

The room, says Acovic, is under the law and has limited powers due to its status and the Honorarium and the decisions it makes are not the same as the decisions of the regular courts.

It is customary that the decisions of the Court of Justice of the House are taken as additional evidence for the regular courts, against which a criminal offense or criminal proceedings are initiated.

"The Honorary Court is associated with an honor of disobedience and an honorary debt is not in accordance with the applicable law. The Court can not initiate a full judicial investigation. We can only act on the basis of the statements we have received and the facts participants in the dispute have been given, "Acović.

In the light of these facts, the Court has no competence over the engineers, regardless of whether they are licensed or not in possession, and who are employed in an official capacity as employees in administrative bodies or as court experts.

"If you do not have evidence that a recognized engineer has acted in a personal capacity and that his authority was based on the possession of a license, you can not act against him via the Honor of Honor," explains Acovic.

Reason for withdrawal of a license – a drastic violation of the profession

She says that when it comes to the collapse of the slope in corridor 10, the petition has just arrived and forwarded to the prosecutor, who will analyze it with the help of expert assistants, but adds that the Court's obligation is honorable and protect the members of the chamber against whom the lawsuits are unfounded.

The majority of the cases that the House is considering are unfounded complaints, says Acovic.

"People usually take lawsuits and then prosecute the Komora lawsuit, so if the room decides that the suspect has really hidden something, then it has extra weight in the ordinary court," said Acovic.

He says that, in the event that a license is confiscated, the shortest time that engineers can remain without "paper" is six months and the longest five years.

It explains that the license was largely confiscated in cases where the professional rules have been seriously violated and the lives of people have been jeopardized, whereas, as he says, the confiscation of the engineer's license is at least what he can expect from the damage. for which he is responsible.

"We will withdraw the license if there is really a dramatic violation of the profession," notes Acovic.

When a crash hits a site, it explains that the person responsible is the head of the site even if he does not participate.

"It's like a captain on a ship, when a ship hits the ship, the captain is dead," says Acovic.


Source link

Leave a Reply