Documents

How the lawyers' strike overcame its cause

September 27, 13:56

Decision on the termination of the protest DOCUMENT: Agreement between the expert teams of the Bar Association of Serbia and the Ministry of Justice of the Republic of Serbia concluded on January 8, 2014 ***Lawyers demanded the dismissal of the Minister of Justice Nikola Selaković due to the failed reform of the judiciary and raised major issues such as: the position of the legal profession as an independent social service, insufficiently thought-out lawmaking, the collapse of the principle of legality, impermissible interference of the executive branch in the functioning of the judiciary, the responsibility of state officials Minister of Justice Nikola Selaković: A combination of politicians and the tycoon blocked the judiciary Prime Minister of Vojvodina and President of DS Bojan Pajtic: Selaković to solve the problem or resign

DOCUMENT: Agreement between the expert teams of the Bar Association of Serbia and the Ministry of Justice of the Republic of Serbia concluded on January 8, 2014

Decision to end the protest

On January 21, the Serbian Parliament adopted amendments to the Law on Public Notaries and accompanying laws, the entry into force of which is a condition for ending the lawyers' strike. Amendments to the Law on Real Estate Transactions, Non-Litigation Procedures, Family Law and Inheritance were adopted. Laws will enter into force the day after they are published in the Official Gazette.

The Bar Association of Serbia will return to the courtrooms at the earliest on Friday, January 23, after the Board of Directors of the Bar Association of Serbia (AKS) makes a decision to end the protest, said AKS President Dragoljub Đorđević to Tanjug, before the meeting of the Board of Directors of the Bar Association of Serbia in the City Hall in Subotica to make decisions on stopping the protest.

He mentioned that the Chamber received a letter from the Ministry of Justice in which it was informed that the Parliament of Serbia had adopted amendments to the Law on Public Notaries and a set of accompanying laws, that the President of the Republic Tomislav Nikolić had already signed the decree on the promulgation of the amendments and that the Official the messenger is already printing.

This means that the amendments to the law enter into force immediately, and their entry into force is also the fulfillment of the last condition of the AKS Assembly of January 16 for the termination of the protest that has been going on since September 17, 2014.

Thanks to the amendment of the Protector of Citizens, the legal profession will once again draw up contracts for blind, deaf and mute persons, so that another notarial entry has been removed from the Law, noted Đorđević.

( Lawyers on returning to courtrooms, TV Vojvodina, January 22, 2015.

The members of the expert teams, after a meeting that lasted three hours, signed an agreement on changes to the disputed regulations, which after the Christmas holidays should be considered by the Management Board of the Bar Association of Serbia, whose assembly should make a decision on whether to continue or end the suspension of the work of lawyers. If a decision is made to terminate, according to the words of AKS professional team member Jasmine Milutinović, as reported by RTS, lawyers could start working on January 18 at the earliest.

According to Tanjug, the agreement stipulates that the expert team will propose to the AKS authorities that the suspension of work be terminated, as well as that the changes to the regulations be sent to the Serbian Parliament for adoption under an urgent procedure.

The Serbian Parliament could hold an extraordinary session in the second half of January, after the Government submits a proposal to amend the law.

It was published on the website of the Bar Association of Serbia Agreement between the expert teams of the Bar Association of Serbia and the Ministry of Justice of the Republic of Serbia, which was concluded on January 08.01.2015, XNUMX. year, with the text of the harmonized provisions of the Law on Public Notaries, the Law on Inheritance, the Family Law, the Law on Real Estate Transactions and the Law on Non-Litigation Procedure

1. The members of the expert teams agreed to amend the provisions of the Law on Public Notaries, the Law on Real Estate Transactions, the Law on Non-Litigation Procedures, the Family Law and the Law on Inheritance as soon as possible, as stated in the attachment to this agreement .

The expert teams agreed that it is not necessary to make changes to the Law on Authentication of Signatures, Manuscripts and Transcripts.

The expert teams agreed that the amendments to the aforementioned laws were agreed upon, sufficient for the Expert Team of the Bar Association of Serbia to propose to the bodies of the Bar Association of Serbia to make a decision to stop the lawyers' protest by suspending work, and for the bar to start working.

2. The members of the Expert Teams agreed that the Expert Teams appointed by the Government and the Bar Association of Serbia will consider appropriate amendments to the Law on Enforcement and Security, the Law on the State Attorney's Office and the Law on Public Procurement.

3. The members of the Expert Teams agreed that the Law on Free Legal Aid be withdrawn from the procedure and that the Bar Association of Serbia delegates the expert team that participated in the work on the adoption of the Law on Free Legal Aid.

4. The members of the expert teams agreed to improve cooperation between the Ministry of Justice and the Bar Association of Serbia in the future. and especially in terms of legislative activity.

5. An integral part of this agreement is the agreed amendments to the provisions of the Law on Public Notaries, the Law on Real Estate Transactions. of the Law on non-litigation procedure. Family Law and Law on Inheritance.

MEMBERS OF EXPERT TEAMS

Jasmina Milutinovic

Mirjana Jovanović Tomic, MSc

Tanja Arsic

Čedomir Backović

Nela Kuburovic

Dejan Đurđević

1. AMENDMENTS TO THE LAW ON PUBLIC RECORDS

Member of 6.

Notarial documents are documents on legal affairs and statements made by notaries public (notary records), records of legal and other actions performed or attended by notaries public (notary records) and certificates of facts witnessed by notaries public (notary certificates ), non-public documents certified by public notaries (notary solemnization), as well as non-public documents where the public the notary certified the signature, i.e. certified the authenticity of the regulation, translation or extract (notary certification).

Article 53 (PARAGRAPH 6 IS DELETED)

Article 53a.

If the public notary determines that the conditions for drawing up, confirming or notarizing the document are not met, he will refuse to take official action by decision.

Against the decision on the refusal of the public notary to take official action, the party may file an objection to the competent court in whose territory the official seat of the acting public notary is located within eight days from the date of delivery of the copy of the decision.

The court is obliged to decide on the objection within eight working days from the day of submission of the objection.

Failure to act in accordance with paragraph 3 of this article will be considered negligent work of the judge.

Member of 536.

The notary public has no right to appeal against the decision of the court which accepts the party's objection and orders the acting notary public to take the requested official action.

Against the decision rejecting the objection, the party may file an appeal with the competent court within 15 days from the date of delivery of the regulations of the decision.

The court is obliged to decide on the appeal within fifteen working days from the day of submission of the appeal.

Failure to act in accordance with paragraph 3 of this article will be considered negligent work of the judge.

Member of 69.

If a document drawn up by a notary public does not have a handwritten signature and seal of a notary public, such document does not have the legal effect of a public document.

PARAGRAPH 2 IS DELETED.

Member of 82.

In the form of a notary public record, the following are made:

5.1. contracts on disposal of immovable property of business incompetent persons;

5.2. contracts on disposal of immovable property of persons who cannot see, hear, speak, read and write;

5.3. agreements on legal maintenance, in accordance with the law;

5.4. mortgage agreement and pledge statement if they contain an explicit statement of the obligee that on the basis of the mortgage agreement. that is, pledge statements, may, in order to fulfill the obligation, upon the due date of the obligation, immediately carry out forced execution, either judicially or extrajudicially.

Legal transactions and statements from paragraph 1 of this article that are made in the form of a notary record have the same evidentiary force as if they were made in court or before another state authority.

Contracts, that is, declarations that change the legal relations created by concluding a contract or giving statements from paragraph I of this article are concluded, that is, given in the form of a notary public record.

Legal transactions and statements from paragraph 1 of this article that are not made in the form of a notarial record do not produce legal effect.

Article 83 (DELETED)

Member of 93.

A notary public certifies (solemnizes) a private document when it is determined by law.

In the form of a notarized (solemnized) document, the following are concluded in particular:

5.4. contracts on the transfer of real estate;

5.4. the mortgage agreement and the pledge statement if they do not contain an explicit statement by the obligee that on the basis of the mortgage agreement, i.e. the pledge statement, in order to fulfill the obligation, enforcement may be immediately carried out when the obligation is due;

5.4. contracts based on real and personal servitudes.

Article 93a.

Confirmation of the document is done by adding a confirmation clause (solemnization clause), which is a condition for the validity of the legal transaction.

With the solemnization clause, the public notary confirms that the document was read to the parties in his presence, that they declared that the document corresponds to their will in all respects and that they signed it with their own hands.

Member of 936.

The solemnization clause contains:

5.4. the name and surname of the notary public, an indication that he is acting in the capacity of a notary public and data on the seat of the notary public;

5.4. name, surname, date of birth and residential address of the parties. that is, the name and headquarters of the party - legal entity and the name and surname, address and residence of its representative;

5.4. the manner in which the identity of the parties was established;

5.4. name, surname, date of birth and residential address of the representative and the manner in which his identity and authorization for representation were established;

5.4. name and surname, address and place of residence of witnesses, translators and interpreters if they participated in the process of confirming the document and data on the method of determining their identity;

5.4. the statement of the public notary that the document was read to the parties in his presence, that they verbally declared that their will was faithfully entered in everything and signed the document with their own hand;

5.4. designation of documents attached to the confirmation clause, such as powers of attorney, extracts from registers, real estate registers, land registers and other public registers;

5.4. date and time of confirmation of the document;

5.4. the place of confirmation of the document, if the confirmation of the document is performed outside the notary's office;

5.4. a statement that the parties, and when necessary, other participants, have been instructed about the content and legal consequences of the legal transaction, as well as a statement/? that the parties were warned that their statements were unclear, incomprehensible or ambiguous, and that even after the warning, the following statements remained:

5.4. the number under which the certified document was entered in the general business register;

5.4. signatures of parties, representatives, witnesses, interpreters and other participants;

5.4. signature and seal of a notary public.

Clause on the confirmation of a private document that does not contain the information specified in paragraph I, point. 1), 2), 6), 8), 10), 11) and 12) of this article do not have the status or legal effect of a public document.

Article 93v.

The clause on the confirmation of the document is placed on a special document that is linked to the document submitted by the guarantor, and both ends of the guarantor are attached with sealing wax or a sticker and certified with the seal of a public notary.

If the submitted document consists of several sheets, the public notary connects the confirmation clause with all sheets and indicates in clause n how many sheets and pages the submitted document consists of.

With the copy of the submitted document that the notary public keeps with him, he attaches one copy of the confirmation clause and all the documents attached to the confirmation clause.

Article 93g.

A notary public certifies a document if it is printed on paper, written in accordance with the official language and script and whose margins are wide enough to be bound by the guarantor.

The notary public will not certify a document in which certain places have been corrected, changed, deleted, crossed out, inserted or added, or which is torn, damaged or suspicious in its external form.

If the submitted document consists of several sheets that are printed on one side, the notary public is obliged to note this in the confirmation clause.

Article 93d.

When certifying a document on a legal transaction, the public notary examines whether the parties have the legal and business capacity required to undertake that transaction and whether they are authorized to undertake the legal transaction.

The notary public will act according to paragraph 1 of this article also when a representative or a proxy participates in the procedure for confirming the document. where he examines whether the representative, that is, the power of attorney, is capable of doing business and is authorized to undertake the relevant legal work.

If he determines that the conditions from this article are not met, the notary public will refuse to certify the document by decision.

Article 93đ.

The notary public is obliged to explain to the parties the meaning of the legal work, to point out its consequences and to examine whether the legal work is permitted, i.e. whether it is not contrary to compulsory regulations, public order and good customs.

If he determines that the conditions from this article are not met, the notary public refuses to confirm the document by decision.

2. AMENDMENTS TO THE LAW ON INHERITANCE

Article 95

The persons authorized to act when making an international will are the persons determined according to the provisions of Art. 87, 88, 91, 108, 109 and 111a of this law.

z) Notarial will Article 111a.

A notarial will is drawn up by a notary public in the form of a notarial record.

Article 113, paragraph 1.

A testamentary witness cannot be a person who is a direct blood relative of the testator, collateral relative up to the fourth degree of kinship, in-law relative up to the second degree of kinship, relative by adoption, spouse, ex-spouse, common-law partner, former common-law partner, guardian, former guardian, ward or former ward.

Article 160, paragraphs 1 and 2.

Those provisions of judicial, consular, international, naval, military and notarial wills that leave something to a judge, notary public or authorized person, as well as spouses, ancestors, descendants and brothers and sisters of those persons are null and void.

The provisions of written wills before witnesses, judicial, consular, international, ship, military and notarial wills, which leave something to the testator's witnesses, as well as the spouses, ancestors, descendants and brothers and sisters of the witness, are null and void.

Article 184

The contract must be concluded in the form of a notarized (solemnized) document.

During the confirmation (solemnization) of the contract, the notary public is obliged to warn the contracting parties in particular that the transferred property does not enter into the transferor's inheritance and that it cannot be used to satisfy his necessary heirs, which is noted in the confirmation clause., ^ ^

Otherwise, the contract is void.

Article 195

The lifetime maintenance contract must be concluded in the form of a notarized (solemnized) document.

During the confirmation (solemnization) of the contract, the notary public is obliged to warn the contracting parties in particular that the property that is the subject of the contract does not enter into the inheritance of the recipient of support and that it cannot be used to satisfy his necessary heirs, which is noted in the confirmation clause.

Otherwise, the contract is void.

Article 231, paragraph 2.

The contract on the transfer of the inheritance must be concluded in the form of a notarized (solemnized) document.

3. AMENDMENTS TO THE FAMILY LAW

Article 51, paragraph 1.

• Declaration of recognition of paternity can be made before the registrar, guardianship authority, court or public notary.

Article 161 (paragraph 3 added)

(3) Agreements on legal maintenance are concluded in the form of a notarial record.

Article 179 (paragraph 2 added)

• The agreement on the division of joint property of the spouses is concluded in the form of a notarized (solemnized) document.

Article 188, paragraph 2.

(2) The marriage contract is concluded in the form of a notary-certified (solemnized) isirava. During the confirmation (solemnization) of the contract, the notary public is obliged to warn the contracting parties in particular that it excludes the legal regime of joint property, which is noted in the confirmation clause.

Article 189 (paragraph 5 is added) (5) The contract from paragraph 1 of this article is concluded in the form of a notarized (solemnized) document.

4. AMENDMENTS TO THE LAW ON REAL ESTATE TRADE

Article 4

The contract on the transfer of real estate is concluded in the form of a notarized (solemnized) document.

The notary public in whose territory the immovable property that is the subject of the contract is located is exclusively responsible for the tasks referred to in paragraph 1 of this article.

If the real estate that is the subject of the contract is located in the territory of several notaries public, each of those notaries public is competent.

Contracts that were not concluded in the manner referred to in para. 1. to 3. of this article, do not produce legal effect.

Article 4a.

If the public notary, on the basis of an inspection of the real estate register or in some other way, determines that the subject of the contract on the transfer of real estate is an object or a separate part of the building for which a use permit has not been issued or in respect of which the legalization procedure is in progress, he is obliged to warn the contracting parties and to enter a warning about it in accordance with the rules governing notary activity, and if the contracting parties object to entering a warning, the notary public refuses to take the requested official action.

Member of 46.

If the public notary, on the basis of the inspection of the special certificate on contracts for the transfer of real estate, determines that the signatures on the contract for the transfer of the same real estate have already been certified in court, that a notarial record of the transfer of the same real estate has been made with the public notary or in the court, that is, that confirmed (solemnized) contract on the sale of the same immovable property by a notary public, and the seller is the same person, the notary public is obliged to warn the contracting parties about it and to enter a warning about it in accordance with the rules which regulate notarial activity, and if the contracting parties object to the entry of a warning, the notary refuses to take the requested official action.

Article 4v.

The notary public who has confirmed (solemnized) the contract on the transfer of real estate is obliged to immediately submit a certified copy of the contract to the court that is competent for keeping special records of the contract on

real estate

The notary public who confirmed (solemnized) the real estate transaction contract is obliged to submit a certified copy of that contract to the authority responsible for determining and collecting public revenues, within ten days from the date of conclusion of the contract.

Article 4g.

The Basic Court keeps special records of contracts on the transfer of immovable property located on its territory. Special records contain: data on contracting parties, data on real estate and data on the notary record of the contract on the transfer of real estate or data on contracts on the transfer of real estate that have been confirmed (solemnized) by notaries public. All public notaries have the right to inspect special records.

The regulation regulating the keeping of special records referred to in paragraph 1 of this article shall be issued by the minister responsible for justice.

Article 13, paragraph 2.

The declaration of renunciation, in the sense of paragraph I of this article, is given in the form of a notarized (solemnized) document and serves as a basis for entry in the public register of real estate records and rights to them.

Member of 14.

The notary public who certifies (solemnizes) the contract on alienation of real estate from public property is obliged to deliver a copy of the contract to the competent attorney within 15 days from the date of making the record, i.e. certifying the contract.

If the real estate transaction contract was concluded contrary to the provisions of this law, the law regulating public property or another law, the competent attorney is obliged to file a lawsuit for annulment of the contract, within six months from the date of delivery of the notary record, i.e. the contract, and no later than within three years from the date of confirmation (solemnization) of the contract.

Member of 15.

A notary public who:

• fails to submit to the competent authority a certified copy of the real estate transfer contract in accordance with this law;

• does not submit a copy of the contract, that is, the contract with attached documents to the Republic Directorate for Property of the Republic of Serbia, o

to the competent authority of the autonomous province or local self-government unit in accordance with this law;

3) fails to submit a copy of the contract to the competent attorney in accordance with this law.

Article 16

In the area of the basic court for which notaries public have not been appointed, until the appointment of a notary public with official headquarters in the seat of the basic court, the tasks related to the confirmation (solemnization) of the real estate transfer contract will be performed by the basic court in accordance with the provisions of this law and the law regulating the notary public activity.

If a notary public with an official seat outside the seat of the basic court is appointed in the area of the basic court, until the appointment of a notary public with an official seat in the seat of the basic court, the basic court is competent for matters related to the confirmation (solemnization) of real estate contracts in accordance with the law only for the territory of the city or municipality where the official seat of the appointed public notary is not located.

5. LAW ON NON-LITIGATION PROCEDURE

Article 30a (PARAGRAPH 3 ADDED)

The court decides on the expediency of entrusting the notary public to carry out certain procedures and to undertake certain procedural actions within the jurisdiction of the court.

Article 172

• The notary public is obliged to explain to the parties the meaning of the legal work, to point out its consequences and to examine whether the legal work is permitted, i.e. whether it is not contrary to compulsory regulations, public order and good customs.

• If he finds that the conditions from paragraph 1 of this article are not met, the notary public refuses to confirm the document by decision.

• If he determines that the legal work about which the participant wants to create a document contains unclear, incomprehensible or ambiguous provisions, the notary public is obliged to warn the participant about it.

• If the participant maintains his statement even after the warning, a warning from the notary public is entered in the document, and if the participant opposes the entry of the warning, the notary public refuses to draw up the document.

Belgrade lawyers have been on strike since September 10, and a week later they were joined by colleagues from all over Serbia, as the Assembly of the Bar Association of Serbia (AKS) made a decision to suspend work until the demands of the bar profession are met. The work of the courts is practically blocked, and some of the most important trials have been postponed. The Bar Association temporarily withdrew its representatives from a number of state and judicial bodies. On December 22, the Assembly of the Bar Association of Serbia made a unanimous decision on the continuation of the lawyers' strike, after which the president of the AKS Dragoljub Đorđević said that the Board of Directors of the Bar Association of Serbia is authorized to take measures and decide on the further course of the protest, and that this includes "extreme radicalization strike" about which the public will be informed "if it is necessary for it to occur".

The Minister of Justice accused the lawyers of going on strike because of the tycoon, the lawyers announce 10.000 defamation lawsuits against the minister

***

A step forward in the conversation between the Ministry of Justice and lawyers, website of the Ministry of Justice, October 23:

Representatives of the Ministry of Justice and the Bar Association of Serbia, at the meeting held today in the Government of the Republic of Serbia, continued negotiations on finding a joint solution regarding the demands of the bar.

The Minister of Justice, Nikola Selaković, informed the attendees of the ministry's proposals, which include the amendment of certain articles of the Law on Public Notaries and the Law on Real Estate Transactions, but also presented a proposal regarding the method of flat-rate taxation of lawyers for 2014. It was also agreed at the meeting that other topics will be discussed in the future.

The President of the Bar Association of Serbia, Dragoljub Đorđević, said that the Chamber will respond to the Ministry's offer by Monday, October 27, 2014, which, if the offer is accepted, will also mean suspension of lawyers' work.

The consent of the Bar Association of Serbia would mean that the Government of the RS will determine proposals for changes to the aforementioned laws and send them to the National Assembly for adoption, which would be implemented within 14 days from the day of acceptance of the proposals.

Representatives of both sides agreed that this is a good step forward in finding a compromise and joint solution.

Meeting at the Ministry of Justice on October 23.10.2014, XNUMX, website of the Bar Association:

Dear colleagues,

On October 23.10.2014, XNUMX. a meeting was held in the Ministry of Justice of the Republic of Serbia, at the invitation of the Minister of Justice, which, based on the decision of the Administrative Board of the Serbian Academy of Sciences, was attended by the members of the Administrative Board of the Serbian Academy of Sciences led by the president of the Serbian Academy of Sciences, and the presidents of the chambers of the Serbian Academy of Sciences, except for Mr. Srdjan Sikimić, President of AK Vojvodina. At the meeting of the Administrative Board of the AC of Serbia that preceded the meeting, it was agreed that the president of the AC of Serbia and the president of the AC of Belgrade would speak on behalf of the bar, and that at that meeting, which we consider the first (and not a continuation of the negotiations), we would hear the minister's response to the bar's proposals that were submitted to the Ministry of Justice, given that we have not received any response to our submitted and explained requests, which is why we are suspending work.

After the introductory part of the meeting, the minister proposed changes to two laws, the Law on Public Notaries and the Law on Real Estate Transactions, and you have seen the proposals.

Like most of my colleagues, I consider the proposal unacceptable and even offensive. Essentially, nothing is proposed, because the proposal is that lawyers can draw up contracts on the transfer of real estate, and that a notary public notarize them in accordance with the law regulating the authentication of non-public documents (solemnization). According to Article 93 of the Law on Public Notaries, this practically means that the notary public certifies that the content of the document corresponds to the will of the parties, that the parties signed it, that it contains all the elements of a notarial record, and that it was drawn up in the form of a notarial record, and according to the position 4. of this provision, has the right to refuse certification. Why would any party hire a lawyer to draw up a contract for them, when they then have to go to a notary public, but not for signature verification, but for solemnization, if they can only go to a notary and finish everything? Most important of all, why is the contract on the transfer of real estate solemnized or concluded in the form of a notarial record?

That's all the Department of Justice has to offer.

The Administrative Board of the AC of Serbia is scheduled for October 27.10.2014, 11,00. at XNUMX:XNUMX a.m., at which it will be decided what response will be sent to the Ministry of Justice to this proposal. I believe that the response of the Administrative Board of the AC of Serbia must be REJECTION OF THIS PROPOSAL with a re-explanation of the essence of our demands, the aim of which is to protect the rights of citizens guaranteed by the constitution, to protect the legal order, and to protect the profession which, according to the Constitution of the RS, is the only one that can provide legal assistance to citizens, in addition to services at units local self-government, protection of the independence and self-regularity of the legal profession.

At the meeting of the Administrative Board of the AC of Serbia, which preceded the meeting in the Ministry of Justice, as the president of the AC Čačak, I thought that the invitation of the Minister of Justice to the legitimate representatives of the legal profession was a good start and that it was good for the legal profession to start negotiations.

After this meeting and after the proposal of the Ministry of Justice, I think that the Ministry of Justice is still not interested in solving the problems in a way that ensures the rule of law, respect for the Constitution and the law, and that this kind of proposal that will certainly be presented to the public in a way that lawyers came up with the fact that notaries public do not have exclusivity on the composition of real estate contracts, calculated to create disunity in our ranks and to confuse the public to whom, even until now, due to the media blockade, we have not been able to sufficiently let's explain what the essence of our requests is.

After all, is it a mistake that we went to the meeting? I think that it is not and that we should have responded, but I also think that the Management Board of the Serbian Academy of Justice must respond to the offer of the Ministry of Justice that it does not accept it, and must give a reasoned, clear and consistent response to our demands, which are stated as the reasons for the protest in the decision of the Assembly of the AC of Serbia dated September 13.09.2014, XNUMX.

I also think that now is the most critical moment of our protest, in which we have to explain two things to the membership and the public: why did we go to the meeting with the minister and if we publicly said that we would not negotiate with him, and why what the minister is offering is in fact NOTHING .

Our further steps in the days that follow after October 27.10.2014, XNUMX. they must be well thought out, synchronized and consistent with the goal of our protest.

Jasmina Milutinovic
Attorney

Minister of Justice Nikola Selaković: A combination of politicians and tycoons blocked the judiciary, Politika newspaper website, October 29:

BELGRADE - The Minister of Justice, Nikola Selaković, said that due to the lawyers' strike, i.e. the combination of politicians and tycoons, the entire judiciary is blocked, because someone's goal is to prevent Miroslav Mišković from being convicted and to destabilize the entire country, and announced that the state will take the necessary steps in the coming days to the problem would be solved as soon as possible.

Selaković emphasized that the introduction of chaos will not be allowed and that the state can deal with this problem, but that no one will be allowed to blackmail.

The Minister of Justice, on TV Pink, said that this strike will end, because there are a large number of honorable and honest lawyers who want to work, and he called on the lawyers who are on strike to start working.

Asked how long the strike will last, Selaković replied that most lawyers are interested in that issue.

Selaković said that at the beginning of the strike, he thought it was about professional reasons for the strike and that he made a big step forward and made a proposal to the Bar Association, which was even such that he could "humiliate" it, in order to end the strike. but that it is now clear to everyone that it is the interest and connection of politicians and tycoons.

Selaković pointed out that a large number of lawyers are honorable and honest people who went on strike because of high taxes, because they are in favor of different solutions in the law on public notaries and, contrary to the Constitution, they are deprived of their right to work because they want to work.

However, on the other hand, the Bar Association demanded the abolition of the notary service, which exists everywhere in Europe, Selaković said.

He pointed out that the president of the Bar Association of Serbia was arrested in 1999 for accepting and giving bribes, and that today he is one of the defense attorneys in the case against Miroslav Mišković, while the president of the Bar Association of Vojvodina is an adviser to the Prime Minister of Vojvodina, Bojan Pajtić.

"In Serbia, someone thinks that they are untouchable for its institutions, that someone does not have to respect the law, that someone can rob the state for the amount of 10, 20 or 17 billion dinars and get away with it," said Selaković and emphasized that "so something will not be able to pass".

The Minister of Justice said that the lawyers themselves will have to compensate for their losses because they did not work in the past 50 days, and he called on those who are seeking his dismissal to convince the Prime Minister and members of the Serbian Parliament.

Commenting on what happened at the London School of Economics, when Nikola Sandulović burst into Prime Minister Aleksandar Vučić's lecture, Selaković said that "that incident is not an isolated story from all of this."

"The man who announced the death of the late Prime Minister Zoran Đinđić went to London, appeared at a lecture insulting the Prime Minister, insulting the state of Serbia," said Selaković and added that he was afraid that "he left with the same task that he had and in 2003".

Teaching right

published: 29.10.2014.

See more: Selaković on TV Pink: Someone's goal here is to introduce chaos in the state of Serbia...

Urgently file requests and lawsuits under the law on public information and media, website of the Bar Association of Serbia on October 30, 2014:

As these days in the regime media (Informer, Politika, Kurir) several texts were published in which false information was presented about the reasons and basis of the protest by the Serbian Bar Association, and how today in the media (on RTV PINK and RTS) Minister Selaković was also able to state gross falsehoods about the legal profession, namely,

• that the lawyer's protest was in conjunction with and organized by the tycoon, and
• that the bar strike is an attempt at a coup d'état,

I SUGGEST that all basic chambers individually and the AK of Serbia take measures for the purpose of objectively informing the public and protecting the reputation of the legal profession and URGENTLY

• submit a request for the publication of the answer in all the mentioned media based on Art. 83 of the Law on Public Information and Media
• that, if those media do not comply with these requests, file lawsuits against them without delay based on Art. 88 of the same law, and
to file lawsuits based on Art. 101 of the same law in order to determine that the publication of information, that is, records, violated the rights and interests of the legal profession.

I think it is high time that we respond to blatant untruths, insults, slander and politicking in a way that befits our profession - by using the rights guaranteed by law to protect our integrity.

Of course, this will give the media an opportunity to prove, if they can, that 10.000 lawyers and interns are protesting for the interests of tycoons, and that the strike is a function of an alleged coup d'état, but above all, it will also give the opportunity for Minister Selaković to be heard as a witness. and to publicly provide evidence for such claims made in the media.

I am asking the leadership of the Primary Chambers and the AK of Serbia to urgently SERIOUSLY CONSIDER AND IMPLEMENT this proposal!

Zoran B. Lazarevic, lawyer from Belgrade

Lawyers' strike, from law to politics Wednesday, October 29, 2014, RTS:

Minister of Justice Nikola Selaković assesses that the lawyers' strike is no longer the interest of the profession, but rather a combination of politicians and tycoons. He believes that the goal of the protest is to prolong the trial of Miroslav Mišković so that he is not convicted. AKS President Dragoljub Đorđević rejects those allegations, and Đorđević considers the assessment of the Minister of Justice that the aim of the lawyers' protest is to prevent the court process against Mišković to be meaningless:
"The minister did not present any evidence for his claims." Minister Selaković, apparently since this morning, by creating a new affair, is trying to cancel the affairs that are already in progress. "His statement this morning from the position of our profession is, to say the least, a scandal," Đorđević points out.
And in Niš, the Bar Association initiated the first disciplinary proceedings against lawyers who did not respect the suspension of work. Three were temporarily banned from practicing law, and charges were filed against two.
"I was convicted of a verbal offense because, as they say in the Chamber of Commerce in Nis, I criticized the suspension of work more than once. I certainly have to specify that my constitutional right to work was violated in this way. I don't think there is a single law or legal regulation on which this decision is based," says lawyer Boban Džunić.
In the meantime, the bar associations are calling on the Minister of Justice to come to the Chamber's premises with his team, where, they say, if he has the will, all problems would be solved in two hours, RTS reported.

Prime Minister of Vojvodina and President of the DS Bojan Pajtić: Selaković should solve the problem or resign, DS website:

The Democratic Party insists that the Minister of Justice, Nikola Selaković, either take steps to unblock the judiciary or resign, said Bojan Pajtic, President of the Democratic Party.

It has never happened to post-war Serbia that the judiciary was blocked for two months. The sole responsibility rests with the Minister of Justice who, instead of solving this problem or resigning due to incompetence, accuses the lawyers of being Mišković's pawns, that is, that the strike happened so that Mišković would not be convicted. Essentially, the minister accuses the entire legal profession of corruption without any proof and without any real basis, while at the same time claiming that the President of the Vojvodina Bar Association is my adviser, which is an absolute falsehood and a lie aimed at politicizing a strike in which political parties do not participate, in which all lawyers participate regardless of political affiliation, Pajtić pointed out.

He pointed out that this is not a party issue, but a state issue — without the participation of lawyers in the judicial process, there is neither the judiciary nor the rule of law, therefore the Minister of Justice should solve the problems, and not accuse the participants in this well-founded and justified strike.

We insist that Mr. Selaković either take steps that will enable the judiciary to be unblocked or resign. We insist that SNS and its officials stop accusing people without any basis, that they stop using the tabloids to sue and judge and issue verdicts against those who disagree with them or against those who make demands based on real facts and which are based on truth. Without the end of the strike, without the involvement of lawyers in the decision-making process and the process of solving this problem, without the responsibility of the Minister of Justice, there can be no rule of law, concluded Pajtić.

Delta Holding distances itself from association with political events, 29.10.2014.

Delta Holding disassociates itself from all attempts to politicize the company and its president and to connect with current political events.

As a company, we are focused on investing (more than 27 million euros in the first 9 months of this year) and remediating the consequences of floods (completion of the reconstruction of Sava Kovačevića Street in Obrenovac). Delta and its first man have nothing to do with political disputes in the country and abroad, with strikes and other similar events.

Once again, we appeal to the state authorities, the public and the media to leave their part of the job to each: to the politicians the management of state affairs, to the judiciary court proceedings, and to the companies normal and unhindered business. Due to unfounded and malicious accusations, leading companies suffer great material damage, and therefore the budget of the Republic of Serbia and all the citizens of our country, says the statement of the Delta Holding company.

Let's not be swayed! Website of the Bar Association, October 30, 2014:

After the statement of the Minister of Justice in the morning program on Pink, we have to give our voice and say that we are lawyers who support this protest even though we have nothing to do with Mišković and his trial.

The Minister of Justice must know that there are statutes of limitation for criminal prosecution, which in Mišković's case are long enough that if the state wants to convict him, there is time to do so.

The lawyers' protest lasted for a month and a half, while various court reforms lasted much longer and slowed down various proceedings, not only against Mišković, but also against various other people, as well as proceedings for exercising the private rights of Serbian citizens. Who mentioned that everything is being postponed?!

Citizens and lawyers suffered, as did the entire system.

Who protected Mišković before us is not mentioned, and it is obviously a matter of political will. As the previous system protected Mišković, so the new system protects some others.

That's our system. The Minister of Justice speaks in the manner of a ruling tyranny. It is important that what is said sounds bombastic and that it is marketed to poor citizens who are not well informed and who are already fed up with everything.

On the other hand, the voice of the lawyer hardly reaches the media, while the minister invents new affairs and presents them in various shows where he is a guest and where there is no valid interlocutor who would question the truth and logic of what he says. Let's just remember the show "Index". There is no need to comment on it because enough has been said and seen. What the ruling elite still has in store for us is a final attack on the independence of the legal profession. I ask all colleagues who are ignorant to read draft of the Law on Free Legal Aid on the website of the Ministry of Justice
and then read and Croatian Law on Free Legal Aid and then compare. You will see that Croatian law provides for the role of the Bar Association and there is no state register for the registration of lawyers who wish to provide free legal assistance.

In addition, there are no notaries and mediators as providers of secondary legal assistance. Our law is a disaster. Notaries are also granted the opportunity to represent before the courts in all court proceedings. What is the goal of all this, dear colleague?!!! Make up your own mind and don't let anyone sway you in the honorable fight for the independence of your profession, which until now has remained the way it should be, let's keep it that way!!

Dragoje Grujičić and Radina Rajaković are lawyers from Sremska Mitrovica

AKS: information for Serbian lawyers, October 30, 10:

The Office for Cooperation with the Media of the Government of Serbia published this information:
"The Government of Serbia has adopted the Bill on Amendments to the Law on Real Estate Transactions, as well as the Bill on Amendments to the Law on Public Notary. The proposed changes allow that in addition to the notary's record, contracts on the transfer of real estate can also be drawn up in written form, with the requirement that such contracts undergo the solemnization procedure of a notary public in order to acquire the status of a public document." Please note that this is a quote from a statement to the media. Government of Serbia!

On this occasion, we inform you that the protest continues regardless of what the Government of Serbia adopted at the proposal of the Ministry of Justice, considering that they did not announce the changes in question, and that we assume that the proposals offered to us by Minister Selaković at the meeting on October 23.10.2014, 27.10.2014 have been adopted. and which the Board of Directors of the AKS did not accept at the session on October XNUMX, XNUMX. and informed the membership, Minister Selaković and the media about it.
It is our position that this move by the Ministry is another futile attempt to destabilize the lawyers' protest and further mislead the public and the legal profession.

When we receive the official document that the Government of Serbia adopted today, the Board of Directors of the AKS will make a statement about it and inform the membership and the public on Friday, October 31.10.2014, XNUMX.

Đorđević said this before the continuation of negotiations between lawyers and the Ministry of Justice on December 23. Updated on December 23rd

Documents

Lawyers on the reasons for the protest - protection of the constitutional position of the legal profession and defense against state arbitrariness

Minister of Justice Selaković: The Constitution and laws of the Republic of Serbia have been grossly and repeatedly violated by the Bar Association's instruction on the strike

Lawyers for Vučić: a demonstration of ignorance that cannot be allowed to the first man of the Ministry of Justice

Association of Judges of Serbia: Concern over the renewed encroachment on the constitutionally guaranteed independence of the judiciary

9.639 lawyers and their taxes

Lawyers are asking that their lump-sum tax obligations be returned to the level of last year, because this year's tax rulings increased their levies from 40 to even 300 percent in some cases.

They also demand the abolition of provisions related to notary public, which, they claim, threaten the legal profession, as well as the constitutional order, which is why they submitted several initiatives to the Constitutional Court to declare them unconstitutional, and ask the legislator to change the provisions in the laws.

The Bar Association demands that during the strike lawyers do not come to trials, to the prosecutor's office for investigative procedures and negotiation procedures regarding the application of opportunities or plea agreements, nor to the police in pre-criminal proceedings.

Lawyers are only obliged to submit lawsuits, appeals and other cases where missing the deadline would result in the loss of rights.

At a meeting with members of the working group of the Ministries of Justice and Finance. The Bar Association of Serbia announced that the Minister of Justice of Serbia, Nikola Selaković, requested that the lawyers end the strike, but that its representatives did not accept this and requested changes to the law on public notaries and real estate transactions. Minister Selaković initiated proceedings before the Constitutional Court to examine the constitutionality of the instructions given to the lawyers by the strike response, and the government suspended from execution the Instructions of the Bar Association of Serbia on conducting protests.

The lawyers did not give in and announced that the government's decision has no constitutional basis.

In the correspondence between lawyers and the government of Serbia (a part of which we bring here originally), it can be seen that the lawyers' strike reveals problems far beyond the reason for the strike itself - many fundamental issues were raised, such as the principle of the rule of law, the position of the legal profession as an independent social service, the responsibilities of state officials, insufficient thoughtful passing of laws, the collapse of the principle of legality.

Correspondence of the Bar Association and the President of Serbia

Bar Association: agreement with the Ministry of Justice has not been reached

The meeting between the Minister of Justice, Nikola Selaković, and the representatives of the AKS ended after five o'clock. Apart from Minister Selaković, the meeting was attended by the president of AKS Dragoljub Đorđević, AKB Slobodan Šoškić and AKV Srđan Sikimić.

The conversation was honest and meaningful. The parties agreed to continue the dialogue in the future, with the aim of finding a solution.

After a five-hour meeting, AKS announces:

- no agreement was reached with the Ministry of Justice

- the protest continues in its unchanged form

- the protest gathering is on Nikola Pašić Square on Tuesday, January 04.1, 1.2014. at 1.59:15.30 a.m. - the show on Studio B., in which Selaković appears after the meeting, was recorded before the meeting and does not represent a comment on the meeting that lasted from 20.30:XNUMX p.m. to XNUMX:XNUMX p.m.

Bar Association 1.1.2014. after a meeting at the Ministry of Justice on October 23, 10

Chamber of Advocates: Initiative to the President of the Republic to restore the law

Dear Mr. President of the Republic,

The Bar Association of Serbia acting on the basis of Article 66 of the Law on the Bar ("Official Gazette of the RS" 31/2014, 24/2012-OUS), and Article 8 of the Statute of the Bar Association of Serbia ("Official Gazette of the RS" 85/2011. 78/ 2012, 86/2013). Submits

INITIATIVE

for the implementation of the powers of the President of the Republic from Article 113 paragraph 1 of the Constitution of the Republic of Serbia and Article 19 paragraph I of the Law on the President of the Republic. and that if the National Assembly of the Republic of Serbia adopts the proposal for the Law on Amendments to the Law on Public Notaries and the Proposal for the Law on Real Estate Transactions, which the Government of the Republic of Serbia sent to the NSRS for consideration and adoption under an urgent procedure without prior public discussion and obtaining the opinion of the EU on 31.10.2014 . with the proposal that the President of the Republic should not issue a decree on the promulgation of the aforementioned laws and return them to the NSRS for re-decision.

Explanation

The Ministry of Justice sent a proposal to the Government of the Republic of Serbia, and the latter to the National Assembly of the Republic of Serbia with a request for consideration and decision under an urgent procedure, namely: Proposal for the Law on Amendments to the Law on Public Notaries and Proposal for the Law on Real Estate Transactions.

The National Assembly of the Republic of Serbia started considering the aforementioned proposals at the session of November 03.11.2014, 07.11.2014. when the discussion in principle is concluded. and the vote on the mentioned proposals was announced for Friday XNUMX.

In this regard, we consider it our duty to address you with this initiative for the implementation of the authorization of the President of the Republic of Serbia from Article 113 of the Constitution of the Republic of Serbia: "The President of the Republic is obliged to seven days, if the law was adopted under an urgent procedure, to issue a decree on the promulgation of the law or to return the law, with a written explanation, to the National Assembly for re-decision.

The Bar Association of Serbia, the Bar Association of Serbia and the Bar Associations in its composition consider that the conditions for accepting this Initiative have been met and specifically point to the following:

- The implementation of the Law on Public Notaries began on September 01.09.2014, 93. kala, the first XNUMX appointed public notaries in Serbia began to work

- The Basic Law on Notaries Public was adopted in 2011, but its implementation was postponed several times because there were not enough candidates who passed the notary public exam for the beginning of the implementation of the law.

- From the adoption of the text of the law in 2011 until the beginning of its application, the Law on Public Notaries was amended twice - the amendments were published in the "Official Gazette of RS" 19/2013, 55/2014. The adopted amendments are in contradiction with the Constitution of the RS and they violate the human rights guaranteed by the Constitution of the RS, the constitutional principle of separation of powers and violate legal certainty. It is necessary to bear in mind that in order to enable "all the conditions" for the introduction of the notary public system in Serbia, at the session of the National Assembly of the RS on August 31.08.2014, 55, amendments to the Law on Non-Litigation Procedures and the Law on the Certification of Transcripts, Manuscripts and Signatures were voted. , as well as the Law on Real Estate Transactions, which were published in the "Official Gazette of the RS" 2014/01.09.2014. with the beginning of application from XNUMX.

- The set of laws mentioned in the previous paragraph rounded off the entire system of the monopoly position of public notaries to the detriment of Serbian citizens, violated the Constitution of the Republic of Serbia, which guarantees Serbian citizens freedom of contract, the right to legal assistance provided by the legal profession as an independent and independent service or local units. of self-government, part of the affairs from the jurisdiction of the courts contrary to the Constitution was transferred to the jurisdiction of public notaries. and due to the fact that the full number of public notaries has not been appointed in the entire territory of the Republic of Serbia, basic courts (judges) in whose territory a notary public has not been appointed are obliged to draw up documents under the jurisdiction of a notary public in the form of a notary record. Prescribing such an obligation for judges of basic courts introduces the possibility of control of the judiciary by the executive branch, given that the supervision of the work of public notaries is carried out by the Chamber of Notaries and the Ministry of Justice.

- In order to assess the merits of this initiative, we consider it important to point out the facts and provisions of the aforementioned regulations that introduce the monopoly position of public notaries, and in particular:

A) contracts on the transfer of real estate, family law and succession law contracts are drawn up exclusively in the form of a notarial record, and if they are not drawn up in that form, they do not produce legal effect. The proposed amendments to the Law on Public Notaries, which are currently before the National Assembly of the Republic of Serbia, proposed two changes. The first one refers to the provision of Article 82 of the Law on Public Notaries. The proposed amendment stipulates that contracts for the sale of immovable property of business incompetent persons shall be concluded in the form of a notarial record. The proposal also includes an amendment to Article 83 of the mentioned law by adding a new paragraph which establishes that contracts and social and legal affairs of legally capable persons are concluded in the form of a notary record or in writing certified by a notary public, and in accordance with the regulations regulates the certification of non-public documents (solemnization). The proposed changes do not eliminate the monopoly position of public notaries in Serbia and, contrary to the Constitution of the Republic of Serbia, establishes the obligation to conclude real estate contracts, family law and inheritance law contracts as non-public (private) rights in the form of a notary public record, or to solemnize them, which makes non-public the document has the legal force of a public document, without any need or legal reason. The Bar of Serbia, which is an independent and independent service providing legal assistance in accordance with the provisions of Article 67 of the Constitution of the Republic of Serbia, is professionally qualified to draw up all the aforementioned contracts as it did before the introduction of the notary system in Serbia, that is, before September 01.09.2014, 152. The Bar Association in Serbia has been performing these tasks for 84 years, and these are tasks that it has been performing since the very beginning of the profession. Therefore, it is completely unacceptable that a notary public is appointed as a type of supervision over the work of a lawyer, bearing in mind that a notary public certifies a non-public document only if it contains the elements prescribed by Article XNUMX of the law and if it is drawn up in the form prescribed for a notary public record .

B) Amendments to the Law on Public Notaries published in the "Official Gazette of the RS" 19/2013 at the proposal of the Government of the RS, which adopted the proposal of Minister Nikola Selaković from the text

The provisions of Article 92 of the Law on Public Notaries from 2011, which regulates the authentication of signatures on non-public documents (legalization), have been deleted from the Law on Public Notaries.

V) Citizens are prevented from freely expressing their opinions by such an organized public notary system and are deprived of the opportunity to, if they have the necessary knowledge, make some of the non-public rights (contracts) themselves, and then only verify the signatures at a public notary. This literally means that, for example, the adviser to the President of the Republic Mr. Oliver Antić, a professor at the Faculty of Law of the University of Belgrade, cannot draw up a contract on the transfer of real estate, but is obliged to go to a notary public.

G) When considering the constitutionality and legality of the proposed resolutions, the amount of the notary's fee must also be taken into account, which enormously increases costs for citizens and therefore represents a serious obstacle to equal and free access to justice for citizens of Serbia and opens the door to legal uncertainty wide open.

D) We also point out that the notary's tariff stipulates the obligation to collect in addition to the reward for the notary's work in making records and collecting the notary's fee. With this authorization, the rights to the nagiíat, previously budget revenues (court fees that were 100 percent paid to the RS Budget account), were transferred to public notaries, which threatened the financial position of the courts. (Evidence: information from the Second and Third Basic Courts in Belgrade about the income generated from the collection of court fees in 2014)

That raising the question of income on this basis is justified is indicated by the proposal submitted to NSRS for consideration and adoption, which obliges the public notary to pay the amount of 30 percent of the collected award without VAT to the account prescribed for the payment of public income. This opens up a series of questions: on the basis of which financial analysis it was prescribed that it should be exactly 30 percent when previously the fee was 100 percent of the payment to the budget of the RS, what about the income that public notaries obtained on this basis in the first two months and who will bear the responsibility for the evident damage suffered by the RS Budget at the moment when citizens' pensions are being reduced.

Đ) We especially point out that if you pass a decree on the promulgation of the proposed laws, the Budget of the RS will continue to suffer damage. In particular, the Republic's Attorney's Office represents the Republic of Serbia and until now it has drawn up all kinds of documents and contracts in the name and on behalf of the Republic of Serbia, and when it was prescribed, it carried out certification before the competent court. During the certification, the Republic Attorney's Office was exempted from paying the fee. According to the provisions we are challenging. The Republic Attorney's Office cannot draw up contracts and other documents for which the form of a notary record is prescribed, it must carry out a public procurement procedure for the selection of a notary public in front of whom it will draw up a specific notary record, and it must pay a notary fee.

E) Finally, we have to point out that the Chamber of Notaries was formed in an illegal way, because the first 100 notaries were not appointed as prescribed by the Law. This further means that all the decisions made by the thus formed chamber were not all, that notaries could not start their work on September 01.09.2014, XNUMX. and that all notarial records made by notaries public are null and void.

This is part of the reason why the Bar Association of Serbia considers it justified to launch this initiative and propose to the President of the Republic of Serbia not to issue a decree on the promulgation of the Law on Amendments to the Law on Public Notaries and the Law on Amendments to the Law on Real Estate Transactions, but to return them NSRS for re-decision.

In this regard, we would like to inform you that the suspension of the work of lawyers in the territory of the entire Republic began on 17 September 09.2014, that the lawyers of Serbia made this decision deeply aware of the damage suffered by the citizens of Serbia, that the judicial system in Serbia is blocked, but also in convinced that if the lawyers of Serbia do not raise their voice and point out the unconstitutional and illegal provisions. that the damage to the state of Serbia and its citizens will be even greater. The reasons and demands of the lawyer's protest are to urgently change the provisions:

- Law on Public Notaries,

- of the Law on Real Estate Transactions.

of the Law on Amendments to the Law on Non-Litigation Procedure Law on the Certification of Signatures, Manuscripts and Transcripts

by stipulating in the provisions of the aforementioned laws that all documents drawn up by a lawyer and affixing his seal to them are only certified by notaries public, as well as by deleting the provisions that unconstitutionally transfer the powers of the court to notaries public and unconstitutionally grant them the right to represent parties before the court regarding the documents drawn up by those public notaries. Serbian lawyers demand that the provision of Article 2 of the Law on Amendments to the Law on Enforcement and Security be deleted as a matter of urgency.

The amendments to the Law on Public Notaries and the Law on Real Estate Transactions, which are now in the procedure, do NOT remove the unconstitutionality and illegalities that we point to, nor are the results of discussions and agreements between the Ministry of Justice and the Serbian Bar Association, and they do not remove the reasons for the protest, nor can it be expected that the protest will stop .

Bearing in mind the above, we are free, and we consider it our duty, to propose that in order to remove the mentioned anomies of the achieved level of freedoms and rights of man and citizen; preserving the unity of the legal order in the Republic; preventing the deregulation of the principle of constitutionality and for the sake of developing the Republic of Serbia as a state based on the rule of law and social justice. principles of civil democracy and belonging to European principles and values, use the authority entrusted by the provision of Article 113 of the Constitution of the Republic of Serbia to the Law on Amendments to the Law on Real Estate Transactions and the Law on Amendments to the Law on Public Notaries to the National Assembly for re-decision.

SERBIAN BAR CHAMBER: Initiative for the implementation of Article 113 of the Constitution of the Republic of Serbia

Source: Decision of the Assembly of the Bar Association, protest

Zooming in: About the judiciary, the lawyers' strike, the law on public notaries

VIDEO: ZOOM 04: We don't have a legal state

CONVERSATION OF "VREMENA" JOURNALIST TATJANA TAGIROV WITH PROF. VESNO RAKIĆ-VODINELIĆ AND JUDGE OMER HADŽIOMEROVIĆ. OPEN AND WITHOUT CENSORSHIP ABOUT THE SERBIAN JUSTICE, REFORM, LAWYERS' STRIKE, THE LAW ON PUBLIC RECORDS...

Decision of the Belgrade Bar Association on the termination of the strike

The Assembly of the Belgrade Bar Association, at the session held on January 15.01.2015, 954, in the Sava Center in Belgrade, which was attended by over XNUMX lawyers, members of the Chamber, by a clear majority APPROVED the proposal of the Board of Directors of the Belgrade Bar Association and DECIDED:
"Agreement between the expert teams of the Bar Association of Serbia and the Ministry of Justice" dated January 08.01.2015, XNUMX IS ACCEPTED.

STAYING with the position that it is still necessary to work on amending the disputed laws.

The protest is TERMINATED with the suspension of work after the publication of the relevant amendments to the law in the Official Gazette of the RS. (Belgrade Bar Association )

Updated on January 15

On January 17, the Government of Serbia adopted proposals for amendments to the law on public notary and the accompanying set of laws, which will be urgently sent to the parliamentary procedure.

***

THREE MONTHS EARLIER: The protest continues

BAR ASSOCIATION OF SERBIA

Dečanska 13, 11000 Belgrade, Serbia

number 1022/2014

Belgrade, Sunday 28.09.2014.

INFORMATION FOR LAWYERS

Today (Sunday, September 28.09.2014, XNUMX), a meeting of the presidents of the bar associations in Serbia was held in Belgrade on the occasion of events that were qualified as an inadmissible and unprecedented attack on the independence, independence and self-regularity of the bar in Serbia.

It was established - THE LAWYER'S PROTEST CONTINUES.

It was agreed:

1. The Protest Committee of the Bar Association of Serbia is formed, which consists of representatives of all bar associations in Serbia and which is in permanent session.

All bar associations in Serbia will publish all decisions and information regarding protests on their websites and immediately deliver them to the protest committee of the Bar Association of Serbia.

2. In the case of arresting a lawyer, IMMEDIATELY inform the entire membership, the media and organize public gatherings in as large a number as possible.

The board of directors of the bar association whose member is a detained or imprisoned lawyer will immediately contact the detained lawyer's family in order to provide material and other assistance.

Representatives of the bar associations will IMMEDIATELY inform all the bar associations in the region and Europe in case of the arrest of a lawyer in order to provide the offered assistance.

3. Bar associations in Serbia will organize protest gatherings starting on Tuesday, September 30.09.2014, XNUMX. and further, about which all lawyers will be informed in a timely manner.

We invite the lawyers of Serbia to respond to the calls for a protest gathering in as large a number as possible.

4. As soon as possible, a congress of Serbian lawyers will be held with the participation of the president and representatives of the European Union of Lawyers - CCBE and bar associations from Europe, dedicated to the constitutional position and the basic principles on which the legal profession rests.

ADVOCACY IS OUTSIDE AND ABOVE POLITICS!

THE LAWYERS ARE RIGHT - WE GO FURTHER

ADVOCATE CHAMBER OF SERBIA, INFORMATION FOR LAWYERS, Belgrade, Sunday 28.09.2014/XNUMX/XNUMX.

***

BAR ASSOCIATION OF BELGRADE

Dečanska 13,11000, XNUMX Belgrade, Serbia

Number: 4826/2014, September 25.09.2014, XNUMX

ANNOUNCEMENT FOR MEMBERS AND THE PUBLIC

Regarding the decision of the Government of the RS suspending the implementation of the Instruction of the Bar Association of Serbia on the implementation of lawyers' protests, we inform all members that such a decision is illegal and unconstitutional and that the lawyers' protest continues in the sense of the decisions on suspension of work made at the assemblies of the Belgrade Bar Association from 31.05.2014. in 20.09.2014 and September 13.09.2014, XNUMX and the Assembly of the Bar Association of Serbia from September XNUMX, XNUMX.

We also remind you that all lawyers are obliged to respect the decisions of the Assembly, as a higher authority, and that such a decision of the Government has no legal basis, because it refers to an Instruction that does not have the characteristics of a legal act, nor was it made in connection with the exercise of public powers, but rather represents internal communication between lawyers and their parent chambers, which are independent and autonomous in decision-making.

ADMINISTRATIVE BOARD OF THE BELGRADE BAR CHAMBER

DSS: The demands of the lawyers are justified

The Democratic Party of Serbia supports the lawyers of the Bar Association of Serbia and the Bar Association of Vojvodina, who with their protest are not only defending their profession, but are winning freedom for all citizens of our country, defending the Constitution and human rights.

We greatly respect that this time they found the right measure to protect their dignity and the dignity of the judiciary, without subservience to the authorities.

Lawyers have the right to suspend work. The Prime Minister, Aleksandar Vučić, violated the constitutionally guaranteed independence of the legal profession, because he issued an unauthorized Decision on the suspension of the implementation of the Instructions for the conduct of lawyers during the warning protest with the suspension of work. The government does not have the right to suspend the execution of acts passed by the Bar Association of Serbia.

It is astonishing that Justice Minister Selaković does not know that the Law on Strikes does not apply to lawyers and that their right to protest is contested. It would be even worse if he knows this, and still threatens and blackmails them from the position of executive power.

No country in the region has such a bad Law on Public Notaries. The introduction of a notary's monopoly in drawing up real estate transactions represents a brutal violation of the Constitution of Serbia, which prohibits the restriction of freedom of competition.

That is why the Democratic Party of Serbia believes that the demands of the lawyers to remove Minister Selaković and amend the Law on Public Notaries are completely justified.

THE REQUESTS OF THE LAWYERS ARE JUSTIFIED, DSS: September 28, 2014.

Association of Judges of Serbia: Concern over the renewed encroachment on the constitutionally guaranteed independence of the judiciary

Association of Judges of Serbia

The Association of Judges of Serbia, while not disputing the right of the executive power to transfer its public powers, expresses concern about the renewed encroachment on the constitutionally guaranteed independence of the judicial power that belongs to the courts, as well as on the rights of citizens to legal personality and peaceful enjoyment of property.

Certain provisions of the Law on Public Notaries, amendments to the Law on Real Estate Transactions, the Law on Non-Litigation Procedures and the Law on the Certification of Signatures, Transcripts and Manuscripts, although there was no reason to protect the public interest, unnecessarily and inappropriately limited the autonomy of citizens' will, the right to dispose of property , the right to exercise protection in legal matters that belong to the judicial authority before the court and the threatened right of citizens to legal protection.

Citizens are deprived, in accordance with the Constitution guaranteed human rights, to independently decide on their rights and obligations in legal transactions and to choose whether they will dispose of their property and rights through ordinary legal transactions or in the form of a notary public record with a notary, if they want the legal transaction to be obtained the force of a public executive document.

High tariffs for notary services have significantly hindered legal transactions, as expenses for citizens have increased when concluding legal transactions. In a situation of evident decline in standards, it is to be expected that legal deals will be concluded without any certification, which, along with the risk of increasing legal uncertainty, also reduces fiscal revenues.

The Association of Judges calls on the authorities to listen and consider the opinion and proposals of the profession with due care and respect and to take urgent measures in the interest of individual citizens and society as a whole.

Announcement of the Association of Judges of Serbia 29.09.2014/XNUMX/XNUMX.

The Belgrade Bar Association claims in the lawsuit that the Notary Public Chamber of Serbia could not be registered

PLAINTIFF: BELGRADE BAR ASSOCIATION, Stari Grad, Dečanska 13, whose legal representative is Adv. Slobodan Šoškić, president of the Chamber, and attorney-in-fact Avlijaš V. Nebojša, lawyer in Belgrade, Savski Venac, Kneza Miloša 64, by special power of attorney, attached,

DEFENDANT: Public Notary Chamber of Serbia, association, Cara Lazara 12, apartment 1, Belgrade-Stari Grad, ID number 28151667, PIB 108635755, whose representative is Miodrat Đukanović from Belgrade, ul. Petar Leković no. 42, Belgrade-Čukarica

for: determinations of falsity and nullity, vps 310.000 dinars.

LAWSUIT

By the decision of the Agency for Economic Registers-Register of Associations BU 6448/2014 FROM August 18, 2014, the defendant was registered in the Register of Associations under the name Public Notary Chamber of Serbia, abbreviated JKS, with headquarters in Belgrade-Stari Grad, Street. Tsar Lazar no. 12, apartment 1.

EVIDENCE: - insight into the decision of the Agency for Business Registers - Register of Associations BU 6448/2014, in the attachment,

- insight into the website of the Agency for Business Registers,

- inspection of the minutes from the session of the founding assembly of August 15, 2014

attached and

- an overview of the statute of the Chamber of Public Notaries from August 15, 2014, in the attachment

The provision of Article 179 of the Law on Public Notaries stipulates that within 15 days of the appointment of the first 100 notaries public, the founding assembly of the Chamber will be held.

In accordance with the public notice of the Ministry of Justice and the opinion of the Competition Commission, on August 01, 2014, the Minister of Justice Nikola Selaković issued decisions on the appointment of 94 public notaries.

EVIDENCE: - notification of the Ministry of Justice dated August 01, 2014, attached and - opinion of the Competition Commission dated July 31.07.2014, XNUMX. g, in the attachment.

In connection with the above, it is obvious that on the day of the founding session of the defendant's assembly on August 15, 2014, 100 notaries were not appointed, and this was not stated in the minutes. Therefore, the condition from Article 179 of the Law on Public Notaries was not met. The statement of the Minister of Justice, given before the National Assembly of the Republic of Serbia when explaining the need to postpone the application of the Law on Public Notaries due to the insufficient number of candidates for public notaries, testifies to how clear the provision of this article is.

EVIDENCE: transcript from the session of the National Assembly of the Republic of Serbia, attached.

The lawsuit has a legal interest in filing this lawsuit, bearing in mind that the provisions of Article 4, point 1), Article 6, Article 8, paragraph 5, Article 18, paragraphs 1, 2 and 3, Article 36, paragraph 2, point 1 ) and 3), Article 42, paragraph 1, Article 48, paragraph 3, Article 50, paragraph 3, Article 64, paragraph 2, point 4, Article 69, paragraph 1, Article 70, paragraphs 1, 2, and 4, Article 82, Article 84, paragraph 1, items 4 and 7 of the Law on Public Notary ("Official Gazette of RS", No. 31/2011, 85/2012, 19/2013 and 55/2014″) it is determined that contracts, wills, settlements, declarations, general and individual acts and other documents they compose public notaries, which is contrary to the provision of Article 67, paragraph 1 of the Constitution of the Republic of Serbia, which stipulates that legal aid is provided by the legal profession as an independent and independent service, with the provision that legal aid, according to the provision of Article 3, paragraph 1, item 3) of the Law on advocacy, among other things, he considers the drafting of contracts, wills, settlements, statements, general and individual acts and other documents.

Based on all that has been said, the lawsuit proposes the Court to issue the following

JUDGMENT

I. IT IS CONFIRMED that the minutes, number 1/2014, from the defendant's founding assembly held on August 15, 2014, at which the defendant's statute and the decision on the election of the defendant's president were adopted, are FALSE.

IB. IT IS DECIDED that the statute of the respondent dated August 15, 2014 - is NULL and has NO LEGAL EFFECT.

GO. IT IS CONFIRMED that the decision of the respondent on August 15, 2014 on the election of the President Miodrag Đukanović is null and void.

HIV. The defendant is OBLIGED to compensate the plaintiff for the costs of this procedure as much as they are with interest on the awarded amount, starting from the day of the judgment until the final payment, within 15 days under the threat of enforcement.

By drawing up a contract on property relations between spouses; contracts on property relations between non-marital partners; agreements on the division of joint property of spouses or common-law partners; agreements on legal maintenance, in accordance with the law; contracts on the disposal of real estate; contracts on assignment and distribution of property during life; life support contract; gift promises and death gift contracts; other legal affairs and statements that the law determines must be concluded in the form of a notarial record, according to the laws and other regulations that regulate their creation, the defendant, as an illegally constituted, therefore, unauthorized organization, daily files lawsuits, as an independent and independent service established by the constitution which organizes the work of lawyers, irreparable material and non-material damage. Irreparability is reflected precisely in the fact that the defendant was illegally constituted, so if the Court approves the claim in question, the claim will not have the legal or factual possibility to compensate for the damage caused by the defendant's illegal actions.

Therefore, the plaintiff proposes to the Court to issue, outside the hearing

SOLUTION

I. The proposed temporary measure is ADOPTED and the defendant is FORBIDDEN to carry out activities that organize the work of public notaries in connection with the drafting of contracts on property relations between spouses; contracts on property relations between non-marital partners; agreements on the division of joint property of spouses or common-law partners; agreements on legal maintenance, in accordance with the law; contracts on the disposal of real estate; contracts on assignment and distribution of property during life; life support contract; gift promises and death gift contracts; other legal transactions and statements that the law determines must be concluded in the form of a notary public record.

II. The adopted temporary measure remains in force until the final conclusion of this civil procedure.

Belgrade, October 15, 2014.

FOR THE CLAIM, PRESIDENT KB

Slobodan Šoškić, sr

DOCUMENT: Lawsuit of the Davokta Chamber of Belgrade

DOCUMENT: Decision of the Assembly of the Bar Association on strike

BAR ASSOCIATION OF SERBIA

Dečanska 13, 11000 Belgrade, Serbia

Number: 895-3/2014 13.09.2014

Assembly of the Bar Association of Serbia at the session held on September 13.09.2014, 17. respecting the recommendations and conclusions of the 1000th Conference of Bars of Serbia, which was attended by more than 66 lawyers, and based on Article 31 of the Law on the Bar ("Official Gazette of RS" 2011/24, 2012/19-OUS) and Article 85 of the Statute of the Bar Association of Serbia ("Official Gazette of RS" 2011/78, 2012/86, 2013/XNUMX) is unanimous arrived:

THE DECISION

A protest is being organized with the suspension of the work of lawyers in the entire territory of Serbia, starting from Wednesday, September 17.09.2014, XNUMX. years until the requirements are met, due to:

1. The lawyers of Serbia request that the following provisions be changed as a matter of urgency:

- Law on Public Notaries,

- the Law on Real Estate Transactions,

- The Law on Amendments to the Law on Non-Litigation Procedure

- Law on authentication of signatures, manuscripts and transcripts

by stipulating in the provisions of the aforementioned laws that all documents drawn up by a lawyer and affixing his seal to them are only certified by notaries public, as well as by deleting the provisions that unconstitutionally transfer court powers to notaries public and unconstitutionally grant them the right to represent parties before the court regarding the documents drawn up by those public notaries.

2. The lawyers of Serbia demand that the provision of Article 2 of the Law on Amendments to the Law on Enforcement and Security be deleted as a matter of urgency.

3. The lawyers of Serbia demand that the base for flat-rate taxation and the calculation of the contribution of lawyers in Serbia in 2014 be 10 percent less than the base that was established for each lawyer in 2013, bearing in mind: the absence of inflation, the reduction of the population's paying power, the collapse of the economy, the general increase in unemployment and the difficult economic situation in the country, especially since it has been difficult and impossible since 2010 to date continuous work of lawyers due to multiple reorganizations of the courts and the fact that there was an enormous reduction in the work of lawyers due to the introduction of new judicial professions - public notaries, executors, real estate brokers, etc., as well as that the tax policy towards lawyers in the coming period is based on clear and certain criteria that will be determined in an agreement between the Ministry of Finance, the Ministry of Justice and the legal profession.

4. Lawyers of Serbia demand the dismissal of the Minister of Justice, Mr. Nikola Selaković due to the failed judicial reform. proposing unconstitutional laws and due to the fact that he did not keep the promise given to the legal profession that lawyers would not be discriminated against public notaries in the way that was done in the aforementioned laws.

5. The lawyers of Serbia withdraw all their representatives in all commissions, working groups and other working bodies formed by state authorities, and the lawyers who were elected to the High Council of the Judiciary are required by the State Council of Prosecutors to submit their resignations.

The Management Board of the Bar Association of Serbia is ordered to organize and implement the protest with suspension of work from paragraph I of this decision.

III

The Management Board of the Bar Association of Serbia is authorized to continue negotiations with the Ministry of Finance and the Ministry of Justice in order to eliminate the reasons for the protest.

The Management Board of the Bar Association of Serbia is authorized to make a decision on the further course and form of the protest.

Bar associations within the Bar Association of Serbia are obliged to implement measures and procedures for the implementation of this decision.

Inform about this decision: all courts, all prosecution offices, all ministries and other state bodies, international lawyers' organizations: CCBE, MUA. IBA, Council of Europe, European Parliament, EU Mission in Serbia and foreign diplomatic missions, etc.

Installation:

Suspension of the work of lawyers - in the interest of the citizens of Serbia

The general mistrust of citizens in the judiciary is a consequence of judicial unpredictability and the inequality of citizens before the law - which developed in the conditions of uneven judicial practice, the absence of professional responsibility of holders of judicial functions and the impermissible interference of the executive power in the functioning of the judiciary, which violated the fundamental principles on which the legal order must to rest.

We make this decision in the interest of the citizens, aware of all the consequences that the suspension of the work of lawyers will cause in the procedures for the protection of their rights, convinced that the damage suffered by the citizens due to this protest will be less than the damage they would suffer in the future in the event of the application of such legal solutions.

We make this decision in the interest of the profession, because we believe that at this moment it is necessary to point out to all state bodies the discrimination and humiliation of the legal profession and the deprivation of its constitutional competences, without which it is not possible to realize the principle of the rule of law in a modern democratic society.

Faced with an unprecedented media blockade of the legal profession, we believe that with this protest we are sending a message to the citizens of Serbia that the realization of the principle of the rule of law is primarily in their interest, because without proper organization of the judicial system and the legal profession as an independent and independent service that provides legal assistance to citizens - they will not be able to realize their rights, protect their freedoms, realize their claims and defend their legitimate interests.

Reasons for the protest - protection of the constitutional position of the legal profession and defense against state arbitrariness

The lawyers of Serbia make a decision to protest against the enactment of unconstitutional laws and to defend the constitutional position of the legal profession, which is seriously threatened by the establishment of the monopoly of public notaries and their exclusive right to draw up certain contracts and documents, which fundamentally limits the freedom of contracting and the right of citizens to legal aid based on the ČL .67. The Constitution can only be provided by the legal profession and local self-government units, but not by notaries public - which means that all provisions of the law according to which notaries public give legal advice to citizens and draw up contracts are unconstitutional.

The state cannot authorize notaries public to represent parties in court regarding the wrongs committed by these notaries public. This is especially because there is an obvious conflict of interest, especially in bilateral or multilateral contracts. Which of the parties will the notary public represent regarding the record he made? When it has already reached the court, it is obvious that there are different interpretations of the provisions of the record from the very beginning. In that case, it would be immoral for the notary public to represent one of the parties for whom he was a common advisor when the record was drawn up. In addition, according to the Constitution of Serbia and other procedural laws, this right to provide legal assistance is reserved exclusively for the legal profession and local self-government units.

The state cannot take away the powers that have belonged to lawyers since the establishment of the bar and transfer those powers exclusively to public notaries, whom it appoints and imposes on citizens contrary to the constitutional position of the bar and the constitutional right of citizens to freely choose who will provide them with legal assistance.

The state cannot transfer the jurisdiction of the courts to public notaries, because this completely derogates from the constitutional order and the principle of separation of powers.

We express serious concern for the security of legal transactions because signature verification is transferred from the jurisdiction of the state to the jurisdiction of individuals, while this transfer of state jurisdiction does not follow the state's responsibility for the equivalent damage that the public notary causes to citizens through his illegal work.

The issue of responsibility for damage that can be caused by notaries public is regulated by the fact that the law only stipulates that the state is no longer liable for damage caused by illegal certification. The public notary is now responsible for the damage with his entire property, if he has any, that is, up to the minimum insurance amount of 80.000 euros. Therefore, in the case of illegal notarizations, the guaranteed amount of compensation for all citizens who have been harmed by the work of a notary public will amount to only 80.000 euros, which introduces uncertainty into legal transactions.

The fact is that public notaries are not independent because the ministry appoints and dismisses them under the conditions it prescribes and as a second instance authority decides on their actions. That is why the state must regulate the issue of the responsibility of public notaries in a way that guarantees citizens the security of legal transactions and equality before the law.

The functioning of the legal system and confidence in the accuracy of public documents has been based on the authority of the state, the indemnification capacity of the state that guaranteed the legal work of its officials, and the trust of citizens in the court as an institution, which is the only one that has remained intact in the area of judicial certification of written documents. That is why we believe that the state must guarantee citizens the legality of notary public certification.

The lawyers of Serbia believe that the freedom of contracting must not be limited by the exclusive right of a few hundred individuals who are exclusively authorized to draw up certain contracts and documents, as well as to assess the permissibility, meaning and scope of legal transactions drawn up by others, because they are not the jurisdiction of the court, and according to According to the Constitution, the exercise of judicial power cannot be transferred to them.

The main problem is that the certification will depend on the discretionary assessment of the public notary whether he will certify a certain document in accordance with his assessment and knowledge. An additional problem will be the disunity of notaries public's views, which will have a negative impact on the predictability of certification and narrow the freedom of contracting. It is realistic to expect that the provision of Art. 53. of the Law on Notaries Public resulted in an increase in unfounded refusals of notarization due to the incompetence of notaries public to properly evaluate the permissibility of legal transactions and an increase in delays in notarization due to their unwillingness to quickly evaluate the permissibility of legal transactions that are not "typical", which will result in numerous administrative disputes, the subject of which will be the admissibility of certification and cause incalculable harm to legal transactions and legal security of citizens.

In a word, a few hundred public notaries do not have the capacity to replace 8.500 attorneys when it comes to the needs of the economy and citizens of Serbia in legal transactions. With the introduction of the monopoly of public notaries, citizens are additionally financially burdened with increased fees, which also include writing documents. The fact is that until now many documents were drawn up by citizens themselves - without any cost - (statements, powers of attorney) which will no longer be possible.

In the same way, for contracts whose drafting is impossible without hiring a lawyer, the citizen will be forced to pay the lawyer's fee and an increased fee for certification by a notary public, which includes a contract drafting service that they did not even need, but which is prescribed by law as mandatory. to be paid, or to address only the notary public with the risk that the notary public may not draw up the contract validly in accordance with the will of the contracting parties while respecting confidentiality when concluding legal transactions.

In other words, when it comes to professional secrecy in the relationship that exists in the lawyer-client relationship, citizens lose a large part of their autonomy of will and civil rights through such legal solutions, and above all because contracts always involve the participation of at least two parties, of which at least one party is always involved. he needs to consult with his chosen lawyer (which is his basic human right) about the essential elements of the contract he intends to conclude. First of all, a public notary always simultaneously conducts a conversation with at least two contracting parties under the conditions prescribed by law, and in the context of such a situation, none of them can count on confidentiality in relation to the other. In addition, unlike a lawyer who had an obligation to maintain professional secrecy, a notary public is always obliged to provide all requested informants at the request of a court or other authority, including those that would be subject to the observance of lawyer's secrecy, if a lawyer had participated in it.

Bearing in mind the role that the legal profession should play in a democratic society, the lawyers of Serbia consider it their duty to point out in a timely manner that the adopted legal solutions will significantly slow down the development of legal transactions and threaten its legal functioning, and that in defense of the constitutionality, legality and legal security of citizens, we demand that a document drawn up by a lawyer and stamped by a notary public can only certify it.

Already now, after 10 days of work at the notary service, it is clear to everyone that there is a "bottleneck" because some notaries, after such a short period of work, are already scheduling the parties to make certain notary records for February next year. It is not difficult to imagine what will happen with the complicated cargo that must be made in the form of a notary public record, for which months of work by dozens of people have been buried. This means that legal traffic in Serbia will come to a complete halt, and many lucrative jobs for the state will be called into question due to the unreasonable form prescribed by the Law on Public Notaries and the other laws mentioned above.

In Serbia, there are 63 percent of immovable properties that are not registered in the real estate registers of the competent cadastral municipalities - illegal buildings. Notaries public do not want to certify pre-contracts on the sale of these real estates, apartments, etc. justifying it with the solution offered by the Law on Public Notaries. It is clear how much legal uncertainty is produced by this behavior of public notaries. It will only be the source of an unlimited number of scams and lawsuits.

Finally, we cannot help but notice that ahead of the opening of Chapter 32, which refers to the financial control of the spending of budget funds, and Chapter 23, which refers to the fight against corruption, the entire income of the state from court fees for the certification of documents is excluded from the budget framework in this way and transfers to the net income of a limited number of individuals in exchange for 18 percent VAT on expected income. The question arises - what is the reason for the government to give up 82 percent of the budget revenue in favor of private entrepreneurs in solving the problem of the budget deficit.

The statements of the official regarding the "favorable" tariff of public notaries are not correct. For the sake of comparison, for an apartment of 60 m: in Belgrade, which you want to buy on credit, you would hire a lawyer to draw up a mortgage deed that would cost 3.000 RSD, and when certifying it at the competent court, you would pay a court fee of 520 RSD, which is a total of 3.520,00 RSD. For the same mortgage statement, the public notary in Serbia charges about RSD 36.000,00 with VAT of 18 percent.

The lawyers of Serbia demand the deletion of Art. 2. of the latest amendments to the Law on Enforcement and Security, because the aforementioned legal provision is an expression of state arbitrariness, the sole aim of which is to prevent forced collection of undisputed claims of citizens on the basis of unjustified criminal prosecution and unjustified deprivation of liberty.

We emphasize that these claims have been determined by final court decisions in favor of citizens and that in the procedure of their compulsory collection they cannot have a special procedural treatment just because the debtor is the state. This provision denies the right of citizens to judicial protection in cases of compensation for damages due to the violation of the right to freedom, which violates the rule of law as a fundamental principle of the modern democratic order.

Dismissal of the Minister of Justice - insistence on the principle of responsibility of state officials

Starting from the principle that the minister is responsible for the results of the work of the ministry he heads and from the fact that the unsuccessful reform of the judiciary and the acceptance of unconstitutional legal solutions have a negative impact on the legal security of citizens and the position of the legal profession in society - the lawyers of Serbia demand the dismissal of the Minister of Justice, Mr. Nikola Selaković. We believe that the minister must bear responsibility for the current state of the judiciary, because by insisting on the supposed efficiency at the expense of the quality of justice, he only deepened all the inherited problems, and did not even begin to fundamentally solve them. The fact is that in the past two years, the Minister of Justice has shown no real interest in the legal profession, nor understanding of its social role.

The lawyers of Serbia point to the bad practice of the Ministry of Justice, according to which important systemic laws in the field of justice are passed by urgent procedure with the absence of a real public hearing through which quality legal solutions would crystallize. We note with regret that the participation of the professional public and professional associations in the drafting of laws is insufficient, and advocacy for the rule of law is only declarative, because it is not accompanied by the necessary normative assumptions. An additional problem is that the laws are changed and supplemented too often and, as a rule, partially - depending on current needs, without a clear strategy and consideration of the possible consequences that such frequent and partial changes to the law can produce in practice, which has a negative impact on the legal security of citizens and leads to a serious violation of the constitution and laws of the country.

All this was pointed out to the Ministry of Justice in a timely manner.

Deliver: to lawyers through bar associations within the Bar Association of Serbia, all courts and prosecutor's offices in the Republic of Serbia, ministries, on notice boards in courts, on the websites of the Bar Association of Serbia and bar associations within the Bar Association of Serbia, through public information.

PRESIDENT OF THE BAR ASSOCIATION

Dragoljub Djordjevic

RECOMMENDATIONS FOR LAWYERS DURING THE GENERAL SUSPENSION OF WORK IN THE PERIOD FROM 17.09.2014.

***

It is recommended that lawyers do not suspend their work during the general period starting from September 17.09.2014, XNUMX. take the following measures and actions in a timely manner:

1. To inform all the parties they represent in a timely and convenient manner about the goals and duration of the suspension of work.

2. To point out to the parties in a timely and convenient manner the negative consequences that could arise

occur due to the absence of lawyers and/or parties from the hearing, compared to the negative latter that could occur due to the absence of lawyers and/or parties from the main search or the implementation of surveillance actions.

3. To recommend to the parties who could experience more serious adverse consequences due to failure to attend the hearing (presumption that the lawsuit has been withdrawn, non-allowance of returning to the previous state, etc.) that it would be useful to personally approach and request the postponement of the hearing, i.e. the discussion, i.e. to recommend parties who could suffer more serious adverse consequences due to the failure of a lawyer to appear at the main trial or at the investigating judge (suspension of proceedings, holding of the main trial without a defense attorney in cases where the defense is not mandatory, etc.) that it would be useful for them to personally approach and request a postponement of the main hearing or the investigator.

A. To make an appropriate official note on the said warning of the parties, which will be signed by the parties personally.

5. To formally notify the court, i.e., the prosecutor's office of the beginning of the work stoppage, by means of a motion in each case in which they have a scheduled hearing, that they are obliged to participate in the general work stoppage in accordance with the relevant decisions of the competent authorities of the AK of Serbia, i.e., by means of a motion in each case in which they have scheduled main hearing or the performance of investigative actions, formally inform the court, i.e. the prosecutor's office of the beginning of the suspension of work, that they are obliged to participate in the general suspension of work in accordance with the respective decisions of the competent authorities of the AK Serbia.

6. If, for any reason, it is not possible to ensure the presence of the party at the hearings where they could be subject to harmful consequences, it is recommended that the parties temporarily revoke the power of attorney for representation during the suspension of work, and that the attorneys notify the court in a timely manner. the prosecutor's office or other authority before which the hearing should be held during the general work stoppage.

7. It will not be considered a violation of the Instructions for the behavior of lawyers during a general work stoppage if the party directly during the work stoppage submits to the court a submission made by the lawyer at a time when the general work stoppage was not in progress.

8. It will not be considered a violation of this instruction if the party directly during the suspension of work submits to any authority a submission that he personally signed.

9. It will not be considered a violation of this instruction if the lawyer makes a submission in the name and on behalf of the party, which the party would submit personally if it is about submissions for which the pre-exclusive deadlines expire during the general suspension of work.

10. Yes, if possible, before the beginning of the suspension of work, submit all submissions for which the pre-exclusive deadlines expire during the construction of the suspension of work.

11. That in situations where it is necessary to file submissions, appeals, etc. for which the preclusion deadlines are expiring, and which submissions could not be sent before the start of the suspension of work, during the duration of the general suspension of work, in order to prevent harmful consequences for the parties, may send them.

PRESIDENT OF THE SERBIAN BAR CHAMBER

Dragoljub Đorđević, lawyer

Reaction of the Minister of Justice

***

REPUBLIC OF SERBIA

MINISTRY OF JUSTICE

Broj:7-00-213/14-01

Date: 23.09.2014. Nemanjina 22-26 Belgrade

BARGAIN CHAMBER OF SERBIA - to Dragoljub Ćorđević, president -

BELGRADE 13 Decanska Street

The Bar Association of Serbia adopted the Instructions for the behavior of lawyers during the warning protest with work stoppage dated September 17, 09, number 2014-895/4 dated September 2014, 13.

The instruction stipulates, among other things, that during the suspension of work, lawyers will not enter or stay in the premises of courts, prosecutor's offices or administrative bodies for any reason. Also, the instruction stipulates that during the suspension of work, lawyers will not attend hearings for the main hearing and main trials before the courts, that they will not attend the prosecution in investigative procedures and negotiation procedures regarding the application of opportunities or plea agreements, and that they will not attend the police in pre-criminal proceedings. actions.

At the end of the instructions, it is expressly stated that non-execution of the decisions of the bodies of the Bar Association is a serious violation of the lawyer's duty (Article 241, Paragraph I, Item 10 of the Statute of the Bar Association of Serbia).

A fine or removal of the lawyer from the directory may be imposed for a more serious violation of the lawyer's duty. Therefore, the instruction represents a direct threat to lawyers who do not comply with the strike. The Bar Association of Serbia has given itself the right to impose disciplinary measures on lawyers who do not participate in the strike, depriving them of the right to practice law. With that, she imposed an obligation on lawyers to participate in the strike.

The directive grossly and repeatedly violated the Constitution of the Republic of Serbia and the laws of the Republic of Serbia. The Constitution guarantees the right to strike (Article 61, Paragraph I of the Constitution), which means, among other things, that everyone is free to decide whether to strike or not and that no one can be forced to strike. The Law on Strike ("Official Gazette of the FRY", No. 29/96, "Official Gazette of the RS", No. 101/05 - Dr. Law and 103/2012 - US) orders already in the first provisions that "Employees are free to decide on their participation in a strike" (Article I, paragraph 2 of the Law on Strike). Then: the strike committee and employees participating in the strike must not prevent employees who do not participate in the strike from working" (Article 7, paragraph 3 of the Law on Strike). Finally: a participant in a strike or a member of a strike committee "who prevents employees who are not participating in the strike from working ... commits a violation of work duty for which the measure of termination of employment can be imposed." (Article 18, paragraph 2 of the Law on Strike). Therefore, a natural person who prevents another from working during a strike is punished by losing his job. In a Copernican illegal twist, the Serbian Bar Association threatens to punish lawyers who will not participate in the strike.

According to the Law on Advocacy (Article 63, paragraph 1), the Bar Association of Serbia is competent to exercise public powers and tasks of general interest. She is a representative of lawyers who are entrusted with public powers in order to regulate the system of providing legal assistance to citizens by lawyers and thereby enable the protection of human rights and freedoms, first of all, before state authorities. In other words, the legal profession does not act only in its own interest, but also in the interest of citizens and the interest of the entire state and the realization of the legal order. The attempt of the Bar Association of Serbia to abolish the bar in Serbia for a while is directly opposite to the reasons for which the bar association exists and is a denial of public powers and the realization of general interests for which the bar association was founded.

For example, the Constitution of the Republic of Serbia prescribes that "A person deprived of his liberty without a court decision is immediately informed that he has the right not to declare anything and the right not to be heard without the presence of a defense attorney of his own choosing or a defense attorney who will provide him with free legal assistance if he cannot to pay it" (Article 29, paragraph 1 of the Constitution), then "everyone who is accused of a criminal offense has the right to defense and the right to hire a defense attorney of his choice, to negotiate with him unhindered and to receive appropriate time and appropriate conditions for defense preparation" (Article 33 of the Constitution), and the Code of Criminal Procedure ("Official Gazette of RS", no. 72/11, 101/11, 121/12, 32/13, 45/13 and 55 /14), stipulates that only a lawyer can be a defense attorney in criminal proceedings (Article 73). There are only some rights of citizens that the Bar Association of Serbia, by trying to abolish the legal profession, is denying citizens for a while and introducing an imbalance in the constitutional and legal order to the detriment of citizens.

The Republic of Serbia has the duty to enable the exercise of public authority and general interest. In accordance with the competences of the Ministry of Justice, primarily provided by the Law on Ministries (Article 9, paragraph 1) - "Official Gazette of the RS", No. 44/14) and the Law on State Management ("Official Gazette of the RS"\ no. 79/05, 101/ 07, 95/10 and 99/14) in its article 57. The Ministry of Justice proposes to the Bar Association of Serbia that within 48 hours from the receipt of this act out of force Instructions for the conduct of lawyers during the warning protest with suspension of work from 17.09.2014. year, which was adopted by the Bar Association of Serbia under number 895-4/2014, dated September 13. 2014, because it is against the Constitution and the law.

If the Bar Association of Serbia does not act on the proposal of the Ministry of Justice within the deadline, the Ministry is obliged to act according to plan 57, paragraph 2 of the Law on State Administration and to propose to the Government the adoption of a decision suspending the implementation of the instruction and to initiate the procedure for assessing its constitutionality and legality.

Minister

Nikola Selakovic

The Government suspended the Instruction of the Bar Association from being issued

The Government of the Republic of Serbia, acting on the basis of Article 67 of the Rules of Procedure of the Government of the Republic of Serbia, published in the "Official Gazette of the Republic of Serbia" no. 103/14 of 25.09.2014. Decision on the suspension of the execution of the Instructions for the behavior of lawyers during the warning protest with the suspension of work from 17.09.2014/13.09.2014/XNUMX. year, which was adopted by the Bar Association of Serbia on September XNUMX, XNUMX. year.
Decision on the suspension of the execution of the Instructions for the behavior of lawyers during the protest warning with the suspension of work from September 17.09.2014, XNUMX. year

The Government's decision on the suspension of the execution of the Instructions of the Bar Association of Serbia, Ministry of Justice, 26.9. in 2014

Bar Association: agreement with the Ministry of Justice has not been reached

The conversation was honest and meaningful. The parties agreed to continue the dialogue in the future, with the aim of finding a solution.

After a five-hour meeting, AKS announces:

- no agreement was reached with the Ministry of Justice

- the protest continues in its unchanged form

Bar Association 1.1.2014. after a meeting at the Ministry of Justice on October 23, 10

Last edition

Topic of issue I

Living hostages of a dead general

Media trends

Municipality	Notary public
Backa Palanka	Milica Dragutinovic
Belgrade – Vozdovac	Dejan Radulović
Belgrade – Vozdovac	Mirjana Spasic
Belgrade – Vozdovac	Nikola Vojnović
Belgrade – Vozdovac	Savo Mickovic
Belgrade – Vracar	Ana Petrović
Belgrade – Vracar	Natalija Adzic
Belgrade – Grocka	Branislava Nikolic
Belgrade – Grocka	Zoran Bulajic
Belgrade – Zvezdara	Iva Sekulic Graovac
Belgrade – Zvezdara	Lela Milanovic Radojicic
Belgrade – Zvezdara	Srbislav Cvejic
Belgrade – Zemun	Vladan Radikic
Belgrade – Zemun	Danka Caric
Belgrade – Zemun	Jelena Milosevic
Belgrade – Zemun	Nataša Govedarica
Belgrade – Zemun	Nina Stiglic
Belgrade – New Belgrade	Aleksandra Bestic
Belgrade – New Belgrade	Goran Andric
Belgrade – New Belgrade	Zorica Maricevic
Belgrade – New Belgrade	Ivana Grabez
Belgrade – New Belgrade	Jasna Bojadzijevska
Belgrade – New Belgrade	Nenad Vucic
Belgrade – New Belgrade	Slavoljupka Pavlovic
Belgrade – Palilula	Branislava Cubrilovic
Belgrade – Palilula	Jovanka Jovanovic
Belgrade – Palilula	Jelena Perović
Belgrade – Palilula	Miodrag Đukanović
Belgrade – Rakovica	Borislava Rokvic
Belgrade – Rakovica	Vladimir Bacovic
Belgrade – Rakovica	Dragana Smiljevic
Belgrade – Sava Venac	Miodrag Glisic
Belgrade – Old Town	Đorđe Sibinović
Belgrade – Surcin	Katarina Pavicevic
Belgrade – Surcin	Suzana Jabiri
Belgrade – Cukarica	Zoran Nedin
Belgrade – Cukarica	Sasa Boskovic
Belgrade – Cukarica	Slobodanka Rodic
Belgrade – Cukarica	Tanja Ostojic
Belgrade – Cukarica	Tatjana Boskovic
Becej	Aleksandra Subakov
Valjevo	Andjelka Pavlovic
Valjevo	Biljana Janjušević
Zajecar	Jelena Baljević Nikola Pašića bb
Zrenjanin	Mane Majstorovic
Zrenjanin	Fedja Ribicic
Ivanjica	Mirjana Dimitrijevic
Jagodina	Danijela Milosavljevic
Jagodina	Maja Velickovic
Kragujevac	Dragan Radomirovic
Kragujevac	Milica Vuletić
Kragujevac	Svetlana Eric
Royally	Miroljub Stanisavljevic
Lazarevac	Nadezda Todorovic
Leskovac	Jasmina Spasic
Password	Milenko Mihailovic
Mladenovac	Slavica Jovanovic
Niš	Aleta Stojanovic
Niš	Danilo Dozet
Niš	Dragan Nikolic
Niš	Zorica Stojanović
New Pazar	Esad Klimenta
Novi Sad	Bozena Djordjevic
Novi Sad	Igor Vranjes
Novi Sad	Mirjana Simovic Aleksic
Novi Sad	Miroslav Obradovic
Novi Sad	Nikola Orlovic
Novi Sad	Risto Herbalist
Novi Sad	Sinisa Soro
Novi Sad	Tanja Šarenac
Novi Sad	Spiro Blesic
Obrenovac	Zarko Sindjelic
Obrenovac	Nevenka Stejanic
Pancevo	Branislav Medakovic
Pancevo	Ziva Bogdanov
Pancevo	Ljiljana Krstic Milakov
Pancevo	Snezana Jukic
pirot	Đorđe Petrović
Pozarevac	Cedomir Marjanovic
prijepolje	Sladjana Rajic
Sit	Caroline Bush
Senta – Kanjiža	Eva Graca Shoti
shadow	Gordana Smiljanic
shadow	Lidija Karanovic
Sombor – Odzaci	Nenad Bukarica
Sremska Mitrovica	Maja Galecic
Stara pazova	Sava Dedajic
Subotica	Jasmina Filipovic Uzelac
Subotica	Nikola Milisic
Ub	Radojko Denic
Cacak	Miroslav Stankovic
Sabac	Nenad Vujić
Sabac	Sofia Zabaljac

Latest Edition

Documents

How the lawyers' strike overcame its cause

DOCUMENT: Agreement between the expert teams of the Bar Association of Serbia and the Ministry of Justice of the Republic of Serbia concluded on January 8, 2014

The Minister of Justice accused the lawyers of going on strike because of the tycoon, the lawyers announce 10.000 defamation lawsuits against the minister

Documents

Correspondence of the Bar Association and the President of Serbia

Zooming in: About the judiciary, the lawyers' strike, the law on public notaries

DSS: The demands of the lawyers are justified

Association of Judges of Serbia: Concern over the renewed encroachment on the constitutionally guaranteed independence of the judiciary

SEE ALSO - Ministry of Justice: All about public notaries

The Belgrade Bar Association claims in the lawsuit that the Notary Public Chamber of Serbia could not be registered

DOCUMENT: Decision of the Assembly of the Bar Association on strike

RECOMMENDATIONS FOR LAWYERS DURING THE GENERAL SUSPENSION OF WORK IN THE PERIOD FROM 17.09.2014.

Reaction of the Minister of Justice

The Government suspended the Instruction of the Bar Association from being issued

Bar Association: agreement with the Ministry of Justice has not been reached

Regime investments in the dark

A war that outlived its leaders

The Gospel teaches us to fight against injustice

Departure of heroine, angel and talent

Archive

Documents

How the lawyers' strike overcame its cause

DOCUMENT: Agreement between the expert teams of the Bar Association of Serbia and the Ministry of Justice of the Republic of Serbia concluded on January 8, 2014

The Minister of Justice accused the lawyers of going on strike because of the tycoon, the lawyers announce 10.000 defamation lawsuits against the minister

Documents

Correspondence of the Bar Association and the President of Serbia

Zooming in: About the judiciary, the lawyers' strike, the law on public notaries

DSS: The demands of the lawyers are justified

Association of Judges of Serbia: Concern over the renewed encroachment on the constitutionally guaranteed independence of the judiciary

SEE ALSO - Ministry of Justice: All about public notaries

The Belgrade Bar Association claims in the lawsuit that the Notary Public Chamber of Serbia could not be registered

DOCUMENT: Decision of the Assembly of the Bar Association on strike

RECOMMENDATIONS FOR LAWYERS DURING THE GENERAL SUSPENSION OF WORK IN THE PERIOD FROM 17.09.2014.

Reaction of the Minister of Justice

The Government suspended the Instruction of the Bar Association from being issued

Bar Association: agreement with the Ministry of Justice has not been reached

In between

Regime investments in the dark

A war that outlived its leaders

The Gospel teaches us to fight against injustice

Departure of heroine, angel and talent

Archive