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Iskra Akimovska Maletic UDK:343.81:35.072.6 (497.7)
Faculty of Security – Skopje
INSPECTION IN PRISONS
Abstract
Inspection as a special type of control that is enforced by the state in order to determine whether the
laws are implemented by the natural and legal persons, is an important control mechanism in the field of
enforcement of sanctions. It is important in cases of finding irregularities, and as a preventive action in order
to prevent future irregularities. The paper performs normative analysis of the current legal framework in the
Republic of Macedonia that regulate the inspection, focusing on inspection supervision in the field of
enforcement of sanctions in penitentiary institutions. It also shows results from the research project "The
position of the prisoners in penitentiary institutions in the Republic of Macedonia" conducted by the Faculty
of Security - Skopje in five Macedonian prisons (Idrizovo, Stip, Bitola, Strumica, Struga, and Tetovo), in
terms of determining the views of staff in penitentiary institutions for the inspection conducted in those
institutions in the country.
Kew words: inspection, control, supervision, prisons, penitentiary institutions, enforcement of
sanctions.
1.
INTRODUCTION
Inspection as a special type of control that is enforced by the state in order to determine whether the
laws are implemented by the natural and legal persons is an important control mechanism in the field of
enforcement of sanctions. It is important in cases of finding irregularities, and as a preventive action in order
to prevent future irregularities. Inspection in prisons is an independent administrative protection of prisoners
rights that is organized to be preventative and proactive. Inspection has to work with the system, while
remaining separate from it. In this aspect of independence from government, and the balance between
understanding the system from the inside and examining it from the outside, is crucial. Also, inspection is a
key part of the public accountability for prisons. Namely, prisons operate out of sight of the general public,
so inspection is the eyes and ears of the public, even when it does not want to see or hear.
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There are two
kinds of activities in the administration of prisons: the first deals with the equipment, such as the buildings,
sanitation, and supplies; the other, of a technical nature, is concerned with the actual work of incarceration,
the separation of the prisoners and its results,
the discipline, work, and education. Inspection is delicate work
which can be entrusted only to trained and experienced persons with a special tact and appropriate
knowledge. That is the reason why inspectors need to understand the work in prisons and the pressure on
those who work in them.
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2.
INSPECTION SUPERVISION IN REPUBLIC OF MACEDONIA
Supervision is usually equated with control (can be social, political, financial, inspection, etc.),
understood as a separate activity that particular organization performs. Actually, supervision, dynamically
speaking is a process involving two parties, two entities that are in a certain social relation. In this regard,
statically speaking, one side supervises while the other undergoes to it. That means that the connection, as
the dominant feature has subordination, and the elements of coordination are not excluded. Inspection is a
process (relationship) in which one side observes, monitors and influences certain activities performed by the
other side, in order to ensure the realization of the goal.
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The terms "supervision" and "control" are close to
the term "inspection". "To inspect" etymologically means "to look inside." It is a special technique when
143
Anne Owers, Prison Inspection and the Protection of Prisoners‟ Rights, 30 Pace L. Rev. 1535 (2010)
http://digitalcommons.pace.edu/plr/vol30/iss5/11 [
Accessed on 22.10.2014]
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Hector Beeche, Inspection of Prisons in the Administration of Penal Institutions, 32 J. Crim. L. & Criminology 310 (1941-1942),
http://scholarlycommons.law.northwestern.edu/
[
Accessed on 22.10.2014
145
Zoran Tomić, PhD: Administrative Law, Administrative control of the administration, theoretical models and positively legal
analysis, Savremena administracija, Belgrade, 1989, p. 8
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performing control which consists of direct and detailed acquaintance with the facts (with direct insight into
the things) in order to get the desired “material" for conclusion and (possible) intervention of the controller.
"Inspection" is entrusted to specialized (professional) persons who, in terms of the work, appear as "external
factors", although acting on behalf of the controller, the "inspectors" as a rule are not interfering into the
work of those who are subject of control (except in cases to take protective measures).
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It is noted that
inspection is a special kind of administrative supervision, which is realized by direct insight into the specific
legal and factual situation.
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The purpose of the inspection is the control of the enforcement of laws by
citizens and individuals, but also by administrative bodies. Inspection control is accomplished through
inspection services that have the appropriate
organization, responsibilities and powers.
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In Macedonian legislation, inspection has been regulated primarily by the Law on Organization and
Operation of the State
Administration Bodies
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, which as one of the responsibilities of the
organs of the state
administration determines the performance of administrative and other inspection supervision and other
administrative matters authorized by the law. In this sense inspection includes supervision over the
implementation and enforcement of laws and regulations by state authorities, public enterprises, companies,
institutions, legal and natural persons. It is prescribed that inspection is performed by the organs of the state
administration within their authorities, and the inspection can be formed as inspection body within the
Ministry. In 2010, the Law on the Inspection
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was adopted, as a reform law in the process of public
administration reform in the Republic of Macedonia, trying to apply European standards in this
administrative field. This Law is an attempt to achieve higher level of quality and legitimacy of the work of
the administration. Certainly, it is important when deciding on the rights and obligations
of citizens and other
persons, and that should be specifically taken into consideration, but especially to protect the public interest,
because this regulation prescribes the supervisory function of the state.
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As a general law, the Law on Inspection regulates the basic principles
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, according to which
inspection should be enforced, such as: the principle of legality, protecting public interest, the principle of
equality, impartiality and objectivity, the principle of material truth, the principle of questioning the subjects
of the supervision, the principle of independence, the principle of transparency, the principle of
proportionality and the principle of prevention. The principle of subsidiarity provides that during the
inspection provisions of the Law on General Administrative Procedure apply, unless this or another law
otherwise provided. Also, certain questions concerning inspection can be regulated by special laws. The Law
on Inspection prescribes
few types of inspection, such as: regular inspection - monitoring which is performed
based on the work program of inspection services and includes supervision over the implementation of laws
and regulations adopted pursuant to law; irregular inspection - unannounced surveillance based on the
initiative submitted by state agencies, natural or legal persons, and in case of doubt of the inspector (ex
officio), and control inspection – supervision made after the deadline specified in the inspection act adopted
by the inspector. In that case, the inspector will conclude one of these actions by the subject of supervision:
fully comply with the inspection act, partially comply with the inspection act and do not comply with the
inspection act. Failure or partial acting upon the inspection act is the basis for enforcement of inspection
measures in accordance with the law.
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Ibid,, p. 9
147
Đorđije Blaţić, Contribution to the theory on inspection, Pravni ţivot, No. 9 1995; Đorđije Blaţić, Inspection, Podgorica, 2000,
acc: Prof. Dr Stevan Lilić, Prof. Dr. Predrag Dimitrijević, Prof. Dr. Milan Marković, Administrative Law, Belgrade, 2004, No. 363
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Iskra Akimovska Maletic, Inspection and enforcement of intellectual property rights, Intellectual Property Rights enforcement, Ss.
“Cyril and Methodius” University Skopje, “Iustinianus Primus” Law Faculty, Skopje, 2012
149
Law on Organization and Operation of State Bodies (“Official Gazette of the RM” no. 58/2000, 44/2002, 82/2008)
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Law on Inspection (“Official Gazette of RM” no. 50/2010, 157/2011)
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Iskra Akimovska Maletic, To the Law on Inspection], Pravnik, No. 226 XX, February, 2011, Skopje
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It should be especially emphasized that the new Law introduces a modern approach towards the inspection supervision that
despite authoritative dimension which is necessary, in particular emphasizes the preventive action of the inspections as a way of
taking corrective measures to overcome possible problems i.e. pass inspection measures and sanctions when preventive function
cannot provide the purpose of the supervision. Iskra Akimovska Maletic, To the Law on the Inspection, Pravnik, No. 226 XX,
February, 2011, Skopje