V. LIABILITY INSURANCE

Article 35

(1) A certificated architect or a certificated engineer is required to take insurance against liability for damages which he might cause to third parties while performing his job. The liability insurance contract for certificated architects or certificated engineers employed in legal entities or for certificated architects or certificated engineers, members of design companies, as well as for architects and engineers employed in such companies is signed by the legal entity or the company, respectively.
(2) The insurance provision may specify the amount of damage compensation to be paid directly by the certificated architect or certificated engineer.
(3) In case the provision of the insurance contract have been amended, the certificated architect or the certificated engineer is obliged to comply with the amended provisions immediately after receiving notification from the Chamber.
(4) A certificated architect or a certificated engineer is obliged to duly renew his liability insurance contract.
(5) The Chamber can handle liability insurance for all certificated architects and certificated engineers in the Republic of Croatia. In that case the certificated architects and certificated engineers are obliged to compensate the Chamber for the liability insurance expenses.
(6) The violation of the liability insurance obligations or omission to compensate the Chamber for this service is a serious offence.
(7) The insurance company shall sign the liability insurance contract with the certificated architect or the certificated engineer or the Chamber, stating the liability insurance conditions.
(8) The liability insurance conditions are regulated by the insurance companies in the Republic of Croatia, in co-ordination with the ministry and the Chamber. The insurance companies shall appoint the insurance company to represent them for the coming year. In case the insurance companies do not appoint the representative before the end of October of the current year, the representative shall be appointed by the Ministry. The Ministry document is not an administrative act.
(9) In case an agreement from paragraph 8 of this Article has not been reached within 30 days from the day the request has been submitted by any party to the other two parties, the matter shall be decided by the Permanent arbitration committee at the Croatian Chamber of Commerce. The ruling of this committee, stating the liability insurance conditions for the coming year is binding for all the parties, the insurance companies, the Ministry, the Chamber, the certificated architects, the certificated engineers as well as for the legal entities and the design companies.
(10) The certificated architect or the certificated engineer is deemed to have signed the liability insurance contract the moment he has applied for it, regardless of the fact whether an agreement arising from Paragraph 8 of this Article has been reached.
(11) In case a certificated architect or a certificated engineer has caused damage to a third party intentionally or due to gross negliance, the insurance company who has compensated the third party for the damage is entitled to compensation for the amount paid, by the certificated architect or the certificated engineer or by the legal entity or the design company.

VI. FINANCING

Article 36.

The Chamber funds is funded through:
- registration fees,
- membership fees and other contributions from its members,
- service charges,
- donations, and
- other income sources in conformity with the law.

Article 37

Certificated architect and certificated engineers are obliged to duly pay their membership fees and meet their obligations to the Chamber.

VII. DISCIPLINARY RESPONSIBILITY

DISCIPLINARY ACTIONS

Article 38

(1) Certificated architects or certificated engineers are responsible to disciplinary bodies of the Chamber for minor and grave violation of the duties and for compromising reputation of architects and engineers.
(2) Activities improper for the profession, infringement of the principles and regulations defined by the Code of conduct with grave consequences considering the importance of the endangered goods, the nature of the offence, the amount of the damage and other consequences regarding the conditions in which the activity has been committed or omitted, are considered to be grave violation.
(3) A minor violation of the duties, affecting the reputation of architects or engineers, or a violation of the Code of conduct is considered as a minor offence.
(4) The Articles shall define in more detail the grave violation of the duties and compromising of reputation of architects and engineers and infringement of the Code of conduct.

DISCIPLINARY MEASURES

Article 39

(1) The following measures can be pronounced to certificated architects and certificated engineers for a grave violation of duties:
- reprimand,
- fine,
- suspension from the profession, lasting from five months to five years.
(2) A certificated architect or a certificated engineer can receive a warning and a fine for minor violations of the duties and compromising reputation of their profession.
(3) The suspension from the profession of a certificated architect or a certificated engineer is done by temporarily deleting their names from the Chamber Register.

Article 40

(1) The fine from Article 39, Paragraphs 1 and 2 of this Act can be in range of 5,000 to 15,000 kunas.
(2) The Articles shall specify in more detail the fines for minor and grave violation of the duties and for compromising reputation of architects and engineers, as well as their allocation. The amount is paid into the account of Chamber.

DISCIPLINARY PROCEEDINGS

Article 41

A disciplinary action is undertaken by the disciplinary body as regulated by the Articles, as part of its line of duty, or when proposed of the Minister of Physical Planning, Building and Housing.

APPEAL

Article 42

(1) Certificated architects and certificated engineers as well as the Minister of Physical Planning, Building and Housing are entitled to appeal in the disciplinary procedure concerning grave violations of the duties and for compromising the reputation of certificated architects and certificated engineers.
(2) The appeal is submitted to the Chamber body of second instance ass regulated by the Articles.

IMPLEMENTATION OF THIS ACT

Article 43

Unless otherwise stipulated by the Articles or another general document of the Chamber passed in conformity with this Act and Articles, the provision of the penal code shall be applied in the disciplinary procedure against a certificated architect or a certificated engineer.

DISTRAINT

Article 44

A valid ruling of the Chamber disciplinary body pronouncing a fine is a distraint document, and the Chamber is authorised to levy a distress.

ADMINISTRATIVE PROCEDURE

Article 45

An administrative procedure can be started at the Administrative Court of the Republic of Croatian the appeal procedure against the ruling pronounced by the Chamber disciplinary body of second instance.

EXPIRY BY LIMITATION

Article 46

(1) The proceedings for grave violations of duties and for compromising the reputation of certificated architects and certificated engineers expire by limitation after two years, and those for minor violations after six months from the day the violation has been committed.
(2) The disciplinary action of distraint shall expire by limitation six months after the ruling has been given or after the delay time has expired.

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