Prekrški na področju prava zavodov in iz uslužbenskih razmerij

slovenian

2020

volume 46, issue 6/7

civil servant   institution   liability of legal entities   liability of responsible persons   minor offences   Minor Offences Act   public sector

Lexpera d. o. o.
(Obvezni izvod spletne publikacije)

Institutions are established to carry out a particular non-commercial activity of general importance for society (e.g., education, research, culture, sport, or health care). Public institutions perform the activities mentioned above as public services and are an important part of the public sector. All employees in public institutions, including directors, are civil servants. Minor offences resulting from violations of employee regulations are therefore deemed minor offences from the field of operation of public institutions. Due to the great variety of areas involving public institutions, minor offences in these areas, and minor offences in the field of employee relations, are scattered amongst numerous regulations. In addition to fundamental rules (i.e., the Minor Offences Act and the Civil Servants Act) and systemic laws, there are also multiple regulations in various areas of operation of public institutions that determine minor offences specific to individual non-commercial activities. The basic act that regulates minor offences in the Republic of Slovenia is the Minor Offences Act (Zakon o prekrških - ZP-1). As legal entities, institutions can be held liable for minor offences.With regard to the liability of an institution for a minor offence, the general provisions of minor offence legislation must be taken into consideration, which is regulated in the Minor Offences Act (lex generalis), as well as special conditions in various laws determining the activities of public institutions (lex specialis). The focus of this paper is on the liability of legal entities and their responsible individuals, as in the majority of cases, they are regarded as offenders about institutional activities. The liability of such a legal entity is always connected to the conduct of the offender during the performance of activities on its behalf, for its account or benefit, or by using the means thereof (i.e., the joint liability of the legal entity). If the offender can not be identified or found liable for the minor offence, the legal entity is held liable if its management or supervisory authority or responsible person has been negligent in exercising due supervision aimed at preventing such minor offence (the second paragraph of Article 14 of the Minor Offences Act).

23.03.2021