ADMINISTRATIVE DIRECTION NO. 2000/17

UNMIK/DIR/2000/17

8 August 2000

 

 

IMPLEMENTING UNMIK REGULATION NO. 1999/4 OF 2 SEPTEMBER 1999 ON THE CURRENCY PERMITTED TO BE USED IN KOSOVO

 

 

The Special Representative of the Secretary-General,

 

Pursuant to the authority given to him under section 5 of the UNMIK Regulation No.1999/4 of 2 September 1999 on the Currency Permitted To Be Used in Kosovo,

 

Hereby gives the following Administrative Direction:

 

 

Section 1

Levies, Charges, Penalties, Fines and Payments Pursuant to a Court Order

 

In accordance with section 4.1 of UNMIK Regulation No. 1999/4 and section 2.1 of UNMIK Administrative Direction No. 1999/02 of 4 October 1999 implementing UNMIK Regulation No. 1999/4 of 2 September 1999 on the Currency To Be Used in Kosovo, the designated currency to be used for levies, charges, penalties, fines and any payment pursuant to a court order shall be Deutsche Marks.

 

 

Section 2

Amendment of Level of Fines and Penalties

 

In accordance with section 1 of the present administrative direction, the fines, penalties and other amounts specified in the laws set forth in the present section shall apply in Kosovo as designated herein.

 

(i)                  Kosovo Criminal Code (Official Gazette of the Socialist Autonomous Province of Kosovo (hereinafter “OGK”) No. 20/77)

 

 

The fines and other amounts according to the Kosovo Criminal Code are as follows:

 

(a)    The level of damage in Article 105 paragraph 1 is over 2,000 DM;

(b)   The level of damage in Article 105 paragraph 2 is over 20,000 DM;

(c)    The level of damage in Article 112 paragraph 2 is over 6,000 DM;

(d)   The level of material gain in Article 116 paragraph 4 is over 6,000 DM;

(e)    The level of material gain in Article 122 paragraph 2 is over 200 DM;

(f)     The amount of avoided payment in Article 123 paragraph 1 is over 2,000 DM;

(g)    The amount of avoided payment in Article 123 paragraph 2 is over 10,000 DM;

(h)    The value of goods in Article 135 paragraph 2 is over 6,000 DM;

(i)      The value of goods in Article 139 paragraph 3 is over 6,000 DM;

(j)     The level of damage in Article 140 paragraph 2 is over 6,000 DM;

(k)   The level of material gain in Article 141 paragraph 1 is over 20,000 DM;

(l)      The level of material gain in Article 142 paragraph 2 is over 200 DM;

(m)  The level of damage in Article 145 paragraph 2 is over 6,000 DM;

(n)    The level of damage in Article 146 paragraph 1 is over 2,000 DM;

(o)   The level of damage in Article 146 paragraph 2 is over 20,000 DM;

(p)   The level of damage in Article 165 paragraph 1 is over 2,000 DM;

(q)   The level of material gain in Article 210 paragraph 4 is over 6,000 DM;

(r)     The level of damage in Article 213 paragraph 1 is over 2,000 DM;

(s)    The level of damage in Article 213 paragraph 2 is over 20,000 DM;

(t)     The level of material gain in Article 215 paragraph 2 is over 6,000 DM;

(u)    The level of material gain in Article 219 paragraph 2 is over 6,000 DM;

 

 

(ii)                Yugoslav Criminal Law (Official Gazette of the Socialist Federal Republic of Yugoslavia (hereinafter “OG of SFRY”) No. 44/76)

 

The fines and other amounts according to the Yugoslav Criminal Law are as follows:

 

(a)    The level of fine in Article 39 paragraph 1 is from 100 DM up to 50,000 DM, except that the maximum fine for crimes committed from greed is 100,000 DM

(b)   Article 39 paragraph 3 a day of imprisonment will be calculated for each amount of 30 DM;

 

 

(iii)               Criminal Procedure Law (OG of SFRY Nos. 4/77 and 14/85)

 

The fines according to Criminal Procedure Law are as follows:

 

(a)    The level of fine in Article 78 paragraph 1 is up to 500 DM;

(b)   The level of fine in Article 211 paragraph 2 is up to 500 DM;

(c)    The level of fine in Article 237 paragraph 1 is up to 500 DM;

(d)   The level of fine in Article 243 paragraph 2 is up to 500 DM;

(e)    The level of fine in Article 295 paragraph 1 is up to 500 DM;

(f)     The level of fine in Article 303 paragraph 3 is up to 500 DM;

 

 

(iv)              Law on the Bases of Road Traffic Safety (OG of SFRY No. 50/88)

 

The fines according to the Law on the Bases of Road Traffic Safety are as follows:

 

(a)    The level of fine in Article 221 paragraph 1 is 2,200 up to 200,000 DM;

(b)   The level of fine in Article 221 paragraph 2 is 200 up to 1,000 DM.

(c)    The level of fine in Article 222 paragraph 1 is 1,200 up to 4,500 DM.

(d)   The level of fine in Article 222 paragraph 2 and 3 is 200 up to 1,000 DM.

(e)    The level of fine in Article 223 paragraph 1 is 1,000 up to 4,000 DM.

(f)     The level of fine in Article 223 paragraph 2 and 3 is 100 up to 500 DM.

(g)    The level of fine in Article 224 paragraph 1 is 1,200 up to 4,000 DM.

(h)    The level of fine in Article 224 paragraph 2 is 1,300 up to 4,500 DM.

(i)      The level of fine in Article 225 paragraph 1 is 1,200 up to 4,000 DM.

(j)     The level of fine in Article 225 paragraph 2 is 1,300 up to 4,500 DM.

(k)   The level of fine in Article 226 paragraph 1 is 150 up to 1,000 DM.

(l)      The level of fine in Article 226 paragraph 3 is 200 up to 1,200 DM.

(m)  The level of fine in Article 227 paragraph 1 is 100 up to 500 DM.

(n)    The level of fine in Article 227 paragraph 2 is 150 up to 800 DM.

(o)   The level of fine in Article 228 paragraph 1 is 80 DM.

(p)   The level of fine in Article 228 paragraph 2 is 150 up to 800 DM.

(q)   The level of fine in Article 229 paragraph 1 is 70 DM.

(r)     The level of fine in Article 229 paragraph 2 is 80 up to 700 DM.

(s)    The level of fine in Article 230 paragraph 1 is 50 DM.

(t)     The level of fine in Article 230 paragraph 2 is 70 up to 600 DM.

(u)    The level of fine in Article 231 paragraph 1 is 30 DM.

(v)    The level of fine in Article 231 paragraph 2 is 50 up to 200 DM.

 

 

(v)                Law on Road Traffic Safety (OGK Nos. 5/84 and 7/86)

 

The fines according to the Law on Road Traffic Safety are as follows:

 

(a)    The level of fine in Article 196 paragraph 1 is 500 up to 5,000 DM.

(b)   The level of fine in Article 196 paragraph 2 and 3 is 100 up to 500 DM.

(c)    The level of fine in Article 197 paragraph 1 is 300 up to 3,000 DM.

(d)   The level of fine in Article 197 paragraph 2 and 3 is 50 up to 200 DM.

(e)    The level of fine in Article 198 paragraph 1 is 200 up to 2,000 DM.

(f)     The level of fine in Article 198 paragraph 2 and 3 is 60 up to 300 DM.

(g)    The level of fine in Article 199 paragraph 1 is 500 up to 5,000 DM.

(h)    The level of fine in Article 200 paragraph 1 is 100 up to 400 DM.

(i)      The level of fine in Article 201 paragraph 1 is 60 up to 300 DM.

(j)     The level of fine in Article 202 paragraph 1 is 60 DM.

(k)   The level of fine in Article 202 paragraph 2 is 100 up to 400 DM.

(l)      The level of fine in Article 203 paragraph 1 is 40 DM.

(m)  The level of fine in Article 203 paragraph 2 is 60 up to 300 DM.

(n)    The level of fine in Article 204 paragraph 1 is 30 DM.

(o)   The level of fine in Article 204 paragraph 2 is 40 up to 100 DM.

 

 

(vi)              Law on Minor Offences (OGK Nos. 23/79 and 9/88)

 

The fines according to the Law on Minor Offences are as follows:

 

(a)    The level of fine in Article 3 paragraph 1 is 30 up to 200,000 DM;

(b)   The level of fine in Article 3 paragraph 2 is up to 5,000 for individuals and up to 100,000 DM for legal persons;

(c)    The level of fine in Article 3 paragraph 3 is up to 3,000 DM for individuals and up to 200,000 DM for legal persons;

(d)   The level of fine in Article 3 paragraph 4 is by law up to 100,000 DM and up to 25,000 DM by other provisions;

(e)    The level of fine in Article 3 paragraph 5 is up to 50 DM for individuals and up to 500 DM for legal persons.

(f)     The level of fine in Article 5 paragraph 1 may not be more than 5,000 DM and one day imprisonment is calculated for every of 30 DM;

(g)    The level of fine in Article 6 paragraph 1 is over 5,000 DM;

(h)    The level of fine in Article 14 is 30 DM;

(i)      The level of fine in Article 92 is up to 3,000 DM if a legal person does not specify his representative for the first time and up to 6,000 DM for each further failure to respond to a call to specify a representative;

(j)     The level of fine in Article 109 paragraph 2 is up to 30 DM;

(k)   The level of fine in Article 109 paragraph 3 is 10 DM;

(l)      The level of fine in Article 171 paragraph 1 is up to 30 DM;

(m)  The level of fine in Article 171 paragraph 2 is up to 30 DM if a witness refuses to testify and if he still refuses to testify the level of fine will be up to 60 DM;

(n)    The level of fine in Article 174 paragraph 2 is up to 30 DM;

(o)   The level of fine in Article 189 paragraph 1 is up to 40 DM;

(p)   The level of fine in Article 202 paragraph 1 is up to 5,000 DM for a legal person and up to 1,000 DM for a responsible person or another individual;

(q)   The fine in Article 235 paragraph 1 given to the person in charge or to an individual person is over 3,000 DM and a fine given to a legal person or an individual in the performance of an independent work is over 15,000 DM;

(r)     The material gain in Article 275 paragraph 3 is more than 5,000 DM;

 

 

(vii)             Law on Purchasing, Keeping and Carrying of Weapons and Ammunition (OGK Nos.40/80, 10/84 and 9/87)

 

The fines according to the Law on Purchasing, Keeping and Carrying of Weapons and Ammunition are as follows:

 

(a)    The fine in Article 46 paragraph 1 is up to 500 DM;

(b)   The fine in Article 47 paragraph 1 is up to 500 DM;

(c)    The fine in Article 48 paragraph 1 is up to 2,500 DM.

 

 

(viii)           Law on Public Peace and Order (OGK Nos. 13/81 and 9/87)

 

The fines according to the Law on Public Peace and Order are as follows:

 

(a)    The fine in Article 18 paragraph 2 is up to 5,000 DM for a legal person and up to 1,000 DM for a responsible person in a legal person;

(b)   The fine in Article 19 paragraph 1 is up to 1,200 DM;

(c)    The fine in Article 21 paragraph 1 is up to 600 DM;

(d)   The fine in Article 21 paragraph 2 is up to 3,000 DM for legal person and up to 600 DM for a responsible person in a legal person;

(e)    The fine in Article 22 paragraph 1 is up to 600 DM;

(f)     The fine in Article 22 paragraph 2 is up to 1,400 DM for a legal person and up to 600 DM for a responsible person in a legal person.

(g)    The fine in Article 23 paragraph 1 is up to 1,000 DM for the organizer and up to 400 DM for the person maintaining order;

(h)    The fine in Article 23 paragraph 2 is up to 1,000 DM;

(i)      The fine in Article 23 paragraph 3 is 400 DM;

(j)     The fine in Article 25 paragraph 2 is up to 5,000 DM;

(k)   The fine in Article 25 paragraph 3 is up to 700 DM;

 

 

(ix)              Law on Forestry (OGK No. 10/87)

 

The fines according to the Law on Forestry are as follows:

 

(a)    The fine in Article 107 paragraph 1 is 2,000 up to 17,000 DM;

(b)   The fine in Article 107 paragraph 2 is up to 1,500 DM;

(c)    The fine in Article 108 paragraph 1 is 1,700 up to 14,000 DM;

(d)   The fine in Article 108 paragraph 2 is up to 300 DM;

(e)    The fine in Article 109 paragraph 1 is 300 up to 5,000 DM;

(f)     The fine in Article 109 paragraph 2 is 150 up to 300 DM;

(g)    The fine in Article 110 paragraph 1 is 100 up to 2,000 DM;

(h)    The fine in Article 110 paragraph 2 is 50 up to 300 DM;

(i)      The fine in Article 111 paragraph 1 is 100 up to 1,500 DM;

(j)     The fine in Article 111 paragraph 2 is 110 up to 1,600 DM;

(k)   The fine in Article 112 paragraph 1 is 100 up to 1,500 DM;

 

 

(x)                Law on Supervision of Food and Goods of General Use (OGK No. 40/84)

 

The fines according to the Law on Supervision of Food and Goods of General Use are as follows:

 

(a)    The fine in Article 23 paragraph 1 is 1,500 up to 15,000 DM;

(b)   The fine in Article 23 paragraph 2 is 200 up to 1,000 DM;

(c)    The fine in Article 24 paragraph 1 is 1,200 up to 12,000 DM;

(d)   The fine in Article 24 paragraph 2 is 300 up to 1,200 DM;

(e)    The fine in Article 25 paragraph 1 is 600 up to 4,000 DM;

(f)     The fine in Article 25 paragraph 2 is 200 up to 1,000 DM;

(g)    The fine in Article 26 is 300 up to 3,000 DM;

(h)    The fine in Article 27 is 100 up to 1,000 DM for an independent entrepreneur and 80 up to 800 DM for the person employed in food industry;

(i)      The fine in Article 28 paragraph 1 is 800 DM;

(j)     The fine in Article 28 paragraph 2 is 80 DM;

 

 

(xi)              Law on Inspection for Electric Power, for Construction and for Steam Boilers (OGK No. 40/84)

 

The fines according to the law on Inspection for Electric Power, for Construction and for Steam Boilers are as follows:

 

(a)    The fine in Article 37 paragraph 1 is 2,500 up to 15,000 DM;

(b)   The fine in Article 37 paragraph 2 is 250 up to 1,500 DM;

(c)    The fine in Article 38 paragraph 1 is 1,250 up to 7,000 DM;

(d)   The fine in Article 38 paragraph 2 is 150 up to 1,000 DM;

(e)    The fine in Article 39 is 250 up to 1,500 DM;

(f)     The fine in Article 40 is 50 DM;

 

 

(xii)             Law on Stay and Movements of Foreigners in the Country (OG of SFRY Nos. 56/80 and 53/85)

 

The fines according to the Law on Stay and Movements of Foreigners in the Country are as follows:

 

(a)    The fine in Article 104 paragraph 1 is 2,000 DM;

(b)   The fine in Article 104 paragraph 2 is 300 DM;

(c)    The fine in Article 105 paragraph 1 is 400 DM;

(d)   The fine in Article 105 paragraph 2 is 300 DM

(e)    The fine in Article 106 paragraph 1 is 400 DM;

(f)     The fine in Article 107 paragraph 1 is 300 DM;

(g)    The fine in Article 107 paragraph 2 is 80 DM;

(h)    The fine in Article 108 paragraph 1 is 150 DM;

 

 

(xiii)           Law on Illegal Crossing of the Border and Movement in the Border Area (OG of SFRY Nos. 34/79, 56/80 and 53/85)

 

The fines according to the Law on Illegal Crossing of Border and Movement in the Border Area are as follows:

 

(a)    The fine in Article 70 paragraph 1 is up to 5,000 DM;

(b)   The fine in Article 70 paragraph 2 is 500 DM;

(c)    The fine in Article 71 paragraph 1 is 500 DM;

(d)   The fine in Article 72 paragraph 1 is 300 DM;

(e)    The fine in Article 73 paragraph 1 is 50 DM;

 

 

(xiv)           Law on Road Transport (OGK Nos. 5/82, 33/82 and 30/86)

 

The fines according to the Law on Road Transport are as follows:

 

(a)    The fine in Article 71 paragraph 1 is 3,000 up to 25,000 DM;

(b)   The fine in Article 71 paragraph 2 is 250 up to 1,200 DM;

(c)    The fine in Article 72 paragraph 1 is 2,400 up to 15,000 DM;

(d)   The fine in Article 72 paragraph 2 is 120 up to 650 DM;

(e)    The fine in Article 73 paragraph 1 is 1,200 up to 12,000 DM;

(f)     The fine in Article 73 paragraph 2 is 150 up to 700 DM;

(g)    The fine in Article 74 paragraph 1 is 2,000 up to 10,000 DM;

(h)    The fine in Article 74 paragraph 2 is 250 up to 1,200 DM;

(i)      The fine in Article 75 paragraph 1 is 500 up to 5,000 DM;

(j)     The fine in Article 75 paragraph 2 is 120 up to 500 DM;

(k)   The fine in Article 76 is 1,200 up to 3,000 DM;

(l)      The fine in Article 77 is 600 up to 2,500 DM;

(m)  The fine in Article 78 is 100 DM;

 

 

(xv)            Law on Accommodation and Tourist Business (OGK Nos. 47/77 and 7/86)

 

The fines according to the Law on Accommodation and Tourist Business are as follows:

 

(a)    The fine in Article 47 paragraph 1 is 500 up to 7,500 DM;

(b)   The fine in Article 47 paragraph 2 is 250 up to 500 DM;

(c)    The fine in Article 48 is 500 up to 4,000 DM;

(d)   The fine in Article 49 is 500 up to 2,500 DM;

(e)    The fine in Article 50 is 750 up to 1,500 DM;

(f)     The fine in Article 51 is 150 up to 1,000 DM;

(g)    The fine in Article 51-a paragraph 1 is 500 up to 2,500 DM;

(h)    The fine in Article 51-a paragraph 2 is 100 up to 200 DM;

(i)      The fine in Article 51-a paragraph 3 is 150 DM for socio-legal persons and 50 DM for responsible persons in socio-legal persons;

 

 

(xvi)           Law on Protection of the Public from Communicable Diseases that Pose a Danger For the Country (OG of SFRY No. 51/84)

 

The fines according to the Law on Protection of the Public from Communicable Diseases that Pose a Danger For the Country are as follows:

 

(a)    The fine in Article 52 paragraph 1 is 5,000 up to 15,000 DM;

(b)   The fine in Article 52 paragraph 2 is 500 up to 2,500 DM;

(c)    The fine in Article 53 paragraph 1 is 5,000 up to 15,000 DM;

(d)   The fine in Article 53 paragraph 2 is 500 up to 2,500 DM;

(e)    The fine in Article 54 paragraph 1 is 500 up to 2,500 DM;

(f)     The fine in Article 55 paragraph 1 is 250 up to 1,500 DM;

 

 

(xvii)         Law for Protection of Animal Stocks from Communicable Diseases that Pose a Danger For the Country (OG of SFRY No. 43/86)

 

The fines according to the Law for Protection of Animal Stocks from Communicable Diseases that Pose a Danger For the Country are as follows:

 

(a)    The fine in Article 58 paragraph 1 is 5,000 up to 200,000 DM;

(b)   The fine in Article 58 paragraph 2 is 500 up to 15,000 DM;

(c)    The fine in Article 59 paragraph 1 is 2,500 up to 15,000 DM;

(d)   The fine in Article 59 paragraph 2 is 500 up to 5,000 DM;

(e)    The fine in Article 60 paragraph 1 is 1,000 up to 15,000 DM;

(f)     The fine in Article 60 paragraph 2 is 300 up to 1,000 DM;

(g)    The fine in Article 61 paragraph 1 is 500 up to 2,000 DM;

(h)    The fine in Article 61 paragraph 2 is 300 up to 1,000 DM;

(i)      The fine in Article 62 paragraph 1 is 500 up to 2,000 DM;

 

 

 

Section 3

Entry into Force

 

The present Administrative Direction shall enter into force on 8 August 2000.

 

 

 

Bernard Kouchner

Special Representative of the Secretary-General