EUROPAM

European Public Accountability Mechanisms

Serbia

Country score (European Average*)
  • 83(66) Political Financing
  • 89(50) Financial Disclosure
  • 76(40) Conflict of Interest
  • 80(56) Freedom of Information
  • 72(63) Public Procurement

Country Facts

IncomeUpper middle
GNI per capita (2011 PPP $)12908.01
Population, total7057412.00
Urban population (% of total)55.67
Internet users (per 100 people)67.06
Life expectancy at birth (years)75.49
Mean years of schooling (years)10.8
Global Competitiveness Index4.1
Sources: World Bank, UNDP, WEF.

Political Financing

The Law on Financing Political Parties Kosovo (2010, amended 2012 & 2013) and the Law on Financing Political Activities (2011, amended 2014) are the main laws regulating the financing of political parties in Serbia.

There are a number of limits on the private income of political parties. There are bans on donations from foreign interests, trade unions and anonymous donations. Corporate donations are only banned where the corporation is under partial government ownership. There are also limits on the amount that may be donated to political parties and candidates both during and outside of election period.

There is public funding available for political parties which is allocated according to the share of votes attained in the previous election, the representation in the elected body and the participation in the election. There is free and equal subsidized access to the media and there are provisions to encourage gender equality among candidates.

For regulations on spending, there are bans on vote buying and on the use of some state resources being used in favour or against a political party or candidate. There are no limits on what a party or candidate can spend.

Parties are required to keep annual accounts which must be made public. These must reveal finances in relation to election campaigns and must reveal the identity of donors. Accounts are overseen by the Anti-corruption Agency. There are sanctions for those breaching the provisions of the law. They include fines, the loss of public funding and imprisonment. 


Quantitative Data

Primary Metric

2012201520162017Trend
Bans and limits on private income94949494
Public funding75888888
Regulations on spending50505050
Reporting, oversight and sanctions100100100100

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? Yes. Foreign states, natural and leagal persons are banned from making contributions to political subjects (Article 12 , Law on Financing Political Activities (2011, amended 2014))
Is there a ban on donations from foreign interests to candidates? Yes. Foreign states, natural and leagal persons are banned from making contributions to political subjects (Article 12 , Law on Financing Political Activities (2011, amended 2014))

Bans on corporate donations

Is there a ban on corporate donations to political parties? No. All contributions must be channeled through the nominating political party (Article 9 , Law on Financing Political Activities (2011, amended 2014))
Is there a ban on corporate donations to candidates? No. All contributions must be channeled through the nominating political party (Article 9 , Law on Financing Political Activities (2011, amended 2014))
Is there a ban on donations from corporations with government contracts to political parties? Yes. Ban applies to donations from corporations with most types of public contracts (Article 12 , Law on Financing Political Activities (2011, amended 2014))
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. Ban applies to donations from corporations with most types of public contracts (Article 12 , Law on Financing Political Activities (2011, amended 2014))
Is there a ban on donations from corporations with government contracts to candidates? Yes. Financing of political entity by a natural person or legal entity engaged in activities of general interest pursuant to contract with organs of the Republic of Serbia, autonomous province and local government and public services founded by them is prohibited throughout the validity of such contract and for a period of two years subsequent to termination of contractual relations. (Article 12 , Law on Financing Political Activities (2011, amended 2014))
Is there a ban on donations from corporations of partial government ownership to candidates? Yes. It is prohibited to finance political entity by companies and entrepreneurs engaged in services of general interest, institutions and companies with state capital share, other organizations discharging administrative authority; (Article 12 , Law on Financing Political Activities (2011, amended 2014))

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? Yes. It is prohibited to finance political entity by trade unions (Article 12 , Law on Financing Political Activities (2011, amended 2014))
Is there a ban on donations from Trade Unions to candidates? Yes. It is prohibited to finance political entity by trade unions (Article 12 , Law on Financing Political Activities (2011, amended 2014))

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? Yes. It is prohibited to finance political entity by anonymous donors (Article 12 , Law on Financing Political Activities (2011, amended 2014))
Is there a ban on anonymous donations to candidates? Yes. It is prohibited to finance political entity by anonymous donors (Article 12 , Law on Financing Political Activities (2011, amended 2014))

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. It is prohibited to finance political entity by companies and entrepreneurs engaged in services of general interest, institutions and companies with state capital share, other organizations discharging administrative authority; (Article 12 , Law on Financing Political Activities (2011, amended 2014))
Is there a ban on any other form of donation? Yes. Financing of a political entity by an endowment and foundation is prohibited (Article 12 , Law on Financing Political Activities (2011, amended 2014))

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. Maximum value of donation on at annual level that a natural person may give to political entities for regular work shall not exceed 20 average monthly salaries. Maximum value of donation at annual level that a legal entity may give to political entities for regular work shall not exceed 200 average monthly salaries (Article 10 , Law on Financing Political Activities (2011, amended 2014))
Is there a limit on the amount a donor can contribute to a political party in relation to an election? Yes. The limit is 20 average monthly salaries per year by a physical person and 200 average montly salaries by a legal entity regardless of a number of elections held within a year. (Article 22 , Law on Financing Political Activities (2011, amended 2014))
Is there a limit on the amount a donor can contribute to a candidate? Yes. The limit is 20 average monthly salaries per year by a physical person and 200 average montly salaries by a legal entity regardless of a number of elections held within a year. (Article 22 , Law on Financing Political Activities (2011, amended 2014))

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. The number of votes of a political entity taken as basis for allocation of funds is calculated by multiplying the number of votes of all voters up to 5% of valid votes with a quotient of 1.5, and the number of votes over 5% of valid votes of all voters with a coefficient of 1. (Article 17, Law on Financing Political Activities (2011, amended 2014))
Eligibility criteria for direct public funding to political parties: Representation in elected body Yes. Funds from public sources appropriated for financing of regular work of political entities whose candidates have been elected members of parliament, deputies and/or /councillors are set at the level of 0.105% of the budget of the Republic of Serbia, tax revenues of the budget of the autonomous province, or tax revenues of the budget of the local government. (Article 16, Law on Financing Political Activities (2011, amended 2014))
Eligibility criteria for direct public funding to political parties: Participation in election Yes. Funds from public sources for covering election campaign costs are allocated in the year of regular elections in the amount of 0.07% of the Republic of Serbia budgetary expenditure, of the autonomous province budgetary expenditure and/or of the local government budgetary expenditure for the budget year (Articles 20 and 21, Law on Financing Political Activities (2011, amended 2014))
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. Funds allocated as flat rate by votes received, though the number of votes up to 5% of valid votes is multiplied with a quotient of 1.5, and the number of votes over 5% of valid votes of all voters with a coefficient of 1. (Article 17, Law on Financing Political Activities (2011, amended 2014))
Allocation calculations for direct public funding to political parties: Equal No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to seats received Yes. The funds referred to in Article 16 of this Law shall be distributed to political entities that won seats in representative bodies in proportion to the number of votes calculated in the manner provided for in paragraph 2 of this article. (Article 17, Law on Financing Political Activities (2011, amended 2014))
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Ongoing party activities Yes. The funds for financing regular operation of political entities are used for financing costs of election campaign, in accordance with this Law. (Article 19, Law on Financing Political Activities (2011, amended 2014))
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Other Yes. The funds for financing regular operation of political entities are used for the operation and promotion the idea of a political entity and include: work with voters and members, the cost of transportation and maintenance meetings, the costs of promotion, advertising materials and publications, the cost of the public opinion polls, training, international cooperation, the cost of wages and salaries of employees, utility costs, as well as the cost for similar activities. (Article 19, Law on Financing Political Activities (2011, amended 2014))

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal Yes. Free and equal representation of political parties, coalitions, and candidates that have verified electoral registers for the republic, provincial, or local elections during campaigning; (Article 7.8, Law on Public Service Broadcasting (2014, amended 2016))
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework
Are there provisions for free or subsidized access to media for candidates? Yes. Free and equal representation of political parties, coalitions, and candidates that have verified electoral registers for the republic, provincial, or local elections during campaigning; (Article 7.8, Law on Public Service Broadcasting (2014, amended 2016))

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework
Provisions for any other form of indirect public funding: Tax relief No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework
Provisions for any other form of indirect public funding: Other Yes. Organs of the Republic of Serbia, autonomous province and local government, as well as other organizations founded by them shall more specifically regulate granting of services and goods referred in paragraph 1 of this article (art. 6). (Article 6, Law on Financing Political Activities (2011, amended 2014))
Is the provision of direct public funding to political parties related to gender equality among candidates? Yes. Indirect provision - The election Law demands that parties have at least one third of candidates of each gender. Parties not complying could not participate election processes at all and consequently cannot obtain state funding. ( Article 40a, Law on the Elections of Deputies (2000, last amended 2011))
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework

Regulations on spending 

Is there a ban on vote buying? Yes. Punishment is 3 years in prison, or 5 in case of elections committee member (Article 156, Criminal Code (2005, amended 2014); Articles 104 and 106, Law on the Elections of Deputies (2000, last amended 2011))
Are there bans on state resources being used in favour or against a political party or candidate? Yes. It is obligatory to grant services and goods from public entities under equal terms. State media also has to provide free and equal representation of political parties. (Article 7.8, Law on Public Service Broadcasting (2014, amended 2016); Article 6 , Law on Financing Political Activities (2011, amended 2014))
Are there limits on the amount a political party can spend? No. Absent from legal framework
Are there limits on the amount a candidate can spend? No. Absent from legal framework

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. Political entities which have representatives in elected bodies and registered political parties are required to submit to the Agency an annual financial report and the report on contributions and assets, with prior obtained the opinion of an authorized auditor licensed in accordance with the regulations on accounting and auditing, to 15 April of the current year for the previous year. (Article 28, Law on Financing Political Activities (2011, amended 2014))
Do political parties have to report on their finances in relation to election campaigns? Yes. Political party participating in the election campaign, he shall submit a report on the costs election campaign, within 30 days of the announcement of final election results. to submit to the Agency an annual financial report and the report on contributions and assets, with prior obtained the opinion of an authorized auditor licensed in accordance with the regulations on accounting and auditing, to 15 April of the current year for the previous year. (Article 29, Law on Financing Political Activities (2011, amended 2014))
Do candidates have to report on their campaign finances? Yes. Political entities which have representatives in elected bodies and registered political parties are required to submit to the Agency an annual financial report and the report on contributions and assets, with prior obtained the opinion of an authorized auditor licensed in accordance with the regulations on accounting and auditing, to 15 April of the current year for the previous year. (Article 29, Law on Financing Political Activities (2011, amended 2014))
Is information in reports from political parties and/​or candidates to be made public? Yes. The annual financial report is published on the website of the Agency. (Article 29, Law on Financing Political Activities (2011, amended 2014))
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. The report on election campaign costs contains information on origin, amount and structure of raised and spent funds from public and private sources. (Article 29, Law on Financing Political Activities (2011, amended 2014))
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Special institution Yes. Anti-corruption Agency (Article 27, Law on Financing Political Activities (2011, amended 2014))
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Other No. Absent from legal framework

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Auditing agency Yes. After examination of the financial reports of the political subject, the Anti-corruption Agency can request State Audit Institution to audit the financial reports. (Article 34, Law on Financing Political Activities (2011, amended 2014))
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Other Yes. After examination of the financial reports of the political subject, the Anti-corruption Agency can request State Audit Institution to audit the financial reports. (Article 34, Law on Financing Political Activities (2011, amended 2014))
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework (Chapter V (Articles 27-34, )Law on Financing Political Activities (2011, amended 2014))
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework (Chapter V (Articles 27-34, )Law on Financing Political Activities (2011, amended 2014))
Institutions with a formal role in political finance oversight: Auditing agency Yes. The Agency may, after conducting control of financial reports of a political entity, forward a request to the State Audit Institution to audit these reports, in accordance with the law governing competencies of the State Audit Institution (Article 34, Law on Financing Political Activities (2011, amended 2014))
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. 200,000 to 2,000,000 RSD depending on misdemeanor (Articles 39 and 40, Law on Financing Political Activities (2011, amended 2014))
Sanctions for political finance infractions: Loss of public funding Yes. In case of conviction for a criminal offence specified in article 38 hereof or if a political party or responsible person of a political entity is fined for misdemeanour specified in article 39 hereof, the political entity shall lose the right to funds from public sources dedicated for financing of the political entity (Article 42, Law on Financing Political Activities (2011, amended 2014) )
Sanctions for political finance infractions: Penal/Criminal Yes. Whoever gives, and/or provides for and on behalf of the political entity, funds for financing of the political entity contrary to the provisions of this Law with intent to conceal the source of financing or amount of collected funds of the political entity, shall be punished with imprisonment from three months to three years. (Article 38, Law on Financing Political Activities (2011, amended 2014) )
Sanctions for political finance infractions: Forfeiture No. Absent from legal framework
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework
Sanctions for political finance infractions: Other Yes. The suspension of the transfer of funds from public source (Articles 42 and 43, Law on Financing Political Activities (2011, amended 2014))

Qualitative data for 2017


Legislation

Law on Financing Political Activities, 2011, amended 2014 (Serbian)pdf
Law on Public Service Broadcasting, 2014, amended 2016 (Serbian)pdf
Law on the Elections of Members of Parliament, 2000, amended 2011 (English)pdf
Criminal Code, 2005, amended 2014 (English)pdf

Financial Disclosure

The Serbian Anti-Corruption Agency Act (2008, last amended 2010) sets down all of the regulations governing financial disclosure, which apply to all public officials. Thus, the Head of State, Ministers, Members of Parliament and Civil Servants must disclose real estate, movable assets, cash, debts, and gifts they receive. Additionally, the source and amount of outside income, and shares in private or public companies must be disclosed. Government contracts are to be disclosed only if the public official holds over 20% of shares in the enterprise. Any private interests which may affect decision-making must be included in disclosure statements. All public officials continue to submit financial interest declarations for two years after ending tenure. Spouses and underage children are to be included in the disclosure.

All public officials submit their statements upon first taking and leaving office, and make annual updates given any changes have occurred. Submitting late declarations is punishable with a fine, while failing to make a declaration or making false disclosure statements may lead to imprisonment from six months to five years. All public officials make their declarations with the Anti-Corruption Agency. This agency is also responsible for verifying the accuracy of submissions, and enforcing possible sanctions. In addition, the Anti-Corruption Agency publishes all disclosure statements on its homepage. Only car registration number, bank and bank account number and the address of physical property are not included in this publication.


Quantitative Data

Primary Metric

2012201520162017Trend
Disclosure items93939393
Filing frequency75757575
Sanctions100100100100
Monitoring and Oversight100100100100
Public access to declarations100757575

Alternative Metric

2012201520162017Trend
Head of State94898989
Ministers94898989
Members of Parliament94898989
Civil servants94898989

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure Yes. An official is required to report his/her income and property and property of the spouse and under-age children (Article 43, Anti-Corruption Agency Act, 2008, amended 2015)
Income and Assets
Real estate Yes. Public officials are obliged to submit a disclosure report concerning property and income, including property rights on real estate at home and abroad; (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Movable assets Yes. Public officials are obliged to submit a disclosure report concerning property and income, including property rights on movable property subject to registration with the relevant authorities in the Republic of Serbia and abroad (motor vehicles, vessels, aircraft, weapons et al),; property rights on and movables of high value (valuables, art collections et al); rights deriving from copyright, patent and similar intellectual property rights. (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Cash Yes. Public officials are obliged to submit a disclosure report concerning property and income, including deposits in banks and other financial organisations, at home and abroad (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Loans and Debts Yes. Public officials are obliged to submit a disclosure report that includes debts (principal, interest and repayment period) and receivables. (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Income from outside employment/assets Yes. Public officials are obliged to submit a disclosure report that includes source and amount of income from discharge of public office, or public functions; source and amount of other net incomes; (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Incompatibilities
Gifts received as a public official Yes. An official is obliged to report any gift received in connection with discharge of the public office to the state or other body, organisation or public service wherein he holds public office. (Articles 40 and 41, Anti-Corruption Agency Act, 2008, amended 2015)
Private firm ownership and/or stock holdings Yes. Public officials are obliged to submit a disclosure report that includes shares and stocks in legal entities and other securities. (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Ownership of state-owned enterprises (SOEs) Yes. Public officials are obliged to submit a disclosure report that includes shares and stocks in legal entities and other securities. (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Holding government contracts Yes. Public officials have to disclose within 3 days if a company of which they own a share greater than 20% participates in a procedure that would end with the signing of a government contract. (Article 36, Anti-Corruption Agency Act, 2008, amended 2015)
Board member, advisor, or company officer of private firm No. An official whose public office demands full time work or permanent engagement may not hold management, supervisory or representation office in a private capital company, private institution or other private legal entity. Hence, an official cannot report such activity. (Articles 30, 33, Anti-Corruption Agency Act, 2008, amended 2015)
Post-employment Yes. The official whose public office has ceased is required to file annually the Report on significant changes relative to data from the previous Report over a period of two years following termination of public office. (Article 44, Anti-Corruption Agency Act, 2008, amended 2015)
Simultaneously holding policy-making position and policy-executing position Yes. Public officials are obliged to submit a disclosure report that includes other public functions, jobs or activities discharged in accordance with law and special regulations; (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Participating in official decision-making processes that affect private interests Yes. On taking the office and during discharge of public office, the official shall notify in writing his superior and the Agency within eight days regarding any doubts concerning his conflict of interest or an associated person's conflict of interest. (Article 32, Anti-Corruption Agency Act, 2008, amended 2015)
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Report must be filed within 30 days of taking the office (Article 43, Anti-Corruption Agency Act, 2008, amended 2015)
Filing required upon leaving office Yes. Report must be filed within 30 days of leaving the office (Article 43, Anti-Corruption Agency Act, 2008, amended 2015)
Filing required annually No. Only when significant changes of the property reported in the previous report occur. Changes are considered significant if their value exceeds average annual net income in the Republic of Serbia. (Articles 43, 44, Anti-Corruption Agency Act, 2008, amended 2015)
Ad hoc filing required upon change in assets or conflicts of interest Yes. On taking the office and during discharge of public office, the official shall notify in writing his superior and the Agency within eight days regarding any doubts concerning his conflict of interest or an associated person's conflict of interest. (Article 32, Anti-Corruption Agency Act, 2008, amended 2015)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. For the late report filing an official can be fined with 50,000 to 150,000 RSD (Article 74, Anti-Corruption Agency Act, 2008, amended 2015)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Non-filing report of property is punishable with imprisonment from six month to five years. (Article 72, Anti-Corruption Agency Act, 2008, amended 2015)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Providing false information on property is punishable with imprisonment from six month to five years. (Article, Anti-Corruption Agency Act, 2008, amended 2015)

Monitoring and Oversight

Depository body explicitly identified Yes. The Anti-Corruption Agency keeps a register of officials and their property and income, a list of entities where officials own more than 20% of shares, and a catalogue of gifts. (Articles 5 and 68, Anti-Corruption Agency Act, 2008, amended 2015)
Enforcement body explicitly identified Yes. The Anti-Corruption Agency institutes proceedings and pronounces measures for violation of the Law, and rules on conflict of interest (Article 5, Anti-Corruption Agency Act, 2008, amended 2015)
Some agency assigned responsibility for verifying submission Yes. The Anti-Corruption Agency verifies the submissions of officials in cooperation with the state bodies where they serve. (Article 43, Anti-Corruption Agency Act, 2008, amended 2015)
Some agency assigned responsibility for verifying accuracy Yes. The Anti-Corruption Agency checks due filing of Report and accuracy and completeness of information. (Article 48, Anti-Corruption Agency Act, 2008, amended 2015)

Public access to declarations

Public availability Yes. The catalogue of gifts and information on the salary and the public functions of officials is public. (Articles 41 and 47, Anti-Corruption Agency Act, 2008, amended 2015)
Timing of information release specified Yes. The catalogue of gifts will be published by 1 June for the previous year. (Article 41, Anti-Corruption Agency Act, 2008, amended 2015)
Location(s) of access specified Yes. Public information will be posted on the Anti-Corruption Agency's web site. (Article 47, Anti-Corruption Agency Act, 2008, amended 2015)
Cost of access specified No. Absent from legal framework.

Ministers

Disclosure items

Spouses and children included in disclosure Yes. An official is required to report his/her income and property and property of the spouse and under-age children (Article 43, Anti-Corruption Agency Act, 2008, amended 2015)
Income and Assets
Real estate Yes. Public officials are obliged to submit a disclosure report concerning property and income, including property rights on real estate at home and abroad; (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Movable assets Yes. Public officials are obliged to submit a disclosure report concerning property and income, including property rights on movable property subject to registration with the relevant authorities in the Republic of Serbia and abroad (motor vehicles, vessels, aircraft, weapons et al),; property rights on and movables of high value (valuables, art collections et al); rights deriving from copyright, patent and similar intellectual property rights. (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Cash Yes. Public officials are obliged to submit a disclosure report concerning property and income, including deposits in banks and other financial organisations, at home and abroad (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Loans and Debts Yes. Public officials are obliged to submit a disclosure report that includes debts (principal, interest and repayment period) and receivables. (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Income from outside employment/assets Yes. Public officials are obliged to submit a disclosure report that includes source and amount of income from discharge of public office, or public functions; source and amount of other net incomes; (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Incompatibilities
Gifts received as a public official Yes. An official is obliged to report any gift received in connection with discharge of the public office to the state or other body, organisation or public service wherein he holds public office. (Articles 40 and 41, Anti-Corruption Agency Act, 2008, amended 2015)
Private firm ownership and/or stock holdings Yes. Public officials are obliged to submit a disclosure report that includes shares and stocks in legal entities and other securities. (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Ownership of state-owned enterprises (SOEs) Yes. Public officials are obliged to submit a disclosure report that includes shares and stocks in legal entities and other securities. (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Holding government contracts Yes. Public officials have to disclose within 3 days if a company of which they own a share greater than 20% participates in a procedure that would end with the signing of a government contract. (Article 36, Anti-Corruption Agency Act, 2008, amended 2015)
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment Yes. The official whose public office has ceased is required to file annually the Report on significant changes relative to data from the previous Report over a period of two years following termination of public office. (Article 44, Anti-Corruption Agency Act, 2008, amended 2015)
Simultaneously holding policy-making position and policy-executing position Yes. Public officials are obliged to submit a disclosure report that includes other public functions, jobs or activities discharged in accordance with law and special regulations; (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Participating in official decision-making processes that affect private interests Yes. On taking the office and during discharge of public office, the official shall notify in writing his superior and the Agency within eight days regarding any doubts concerning his conflict of interest or an associated person's conflict of interest. (Article 32, Anti-Corruption Agency Act, 2008, amended 2015)
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Report must be filed within 30 days of taking the office (Article 43, Anti-Corruption Agency Act, 2008, amended 2015)
Filing required upon leaving office Yes. Report must be filed within 30 days of leaving the office (Article 43, Anti-Corruption Agency Act, 2008, amended 2015)
Filing required annually No. Only when significant changes of the property reported in the previous report occur. Changes are considered significant if their value exceeds average annual net income in the Republic of Serbia. (Articles 43, 44, Anti-Corruption Agency Act, 2008, amended 2015)
Ad hoc filing required upon change in assets or conflicts of interest Yes. On taking the office and during discharge of public office, the official shall notify in writing his superior and the Agency within eight days regarding any doubts concerning his conflict of interest or an associated person's conflict of interest. (Article 32, Anti-Corruption Agency Act, 2008, amended 2015)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. For the late report filing an official can be fined with 50,000 to 150,000 RSD (Article 74, Anti-Corruption Agency Act, 2008, amended 2015)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Non-filing report of property is punishable with imprisonment from six month to five years. (Article 72, Anti-Corruption Agency Act, 2008, amended 2015)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Providing false information on property is punishable with imprisonment from six month to five years. (Article, Anti-Corruption Agency Act, 2008, amended 2015)

Monitoring and Oversight

Depository body explicitly identified Yes. The Anti-Corruption Agency keeps a register of officials and their property and income, a list of entities where officials own more than 20% of shares, and a catalogue of gifts. (Articles 5 and 68, Anti-Corruption Agency Act, 2008, amended 2015)
Enforcement body explicitly identified Yes. The Anti-Corruption Agency institutes proceedings and pronounces measures for violation of the Law, and rules on conflict of interest (Article 5, Anti-Corruption Agency Act, 2008, amended 2015)
Some agency assigned responsibility for verifying submission Yes. The Anti-Corruption Agency verifies the submissions of officials in cooperation with the state bodies where they serve. (Article 43, Anti-Corruption Agency Act, 2008, amended 2015)
Some agency assigned responsibility for verifying accuracy Yes. The Anti-Corruption Agency checks due filing of Report and accuracy and completeness of information. (Article 48, Anti-Corruption Agency Act, 2008, amended 2015)

Public access to declarations

Public availability Yes. The catalogue of gifts and information on the salary and the public functions of officials is public. (Articles 41 and 47, Anti-Corruption Agency Act, 2008, amended 2015)
Timing of information release specified Yes. The catalogue of gifts will be published by 1 June for the previous year. (Article 41, Anti-Corruption Agency Act, 2008, amended 2015)
Cost of access specified No. Absent from legal framework.

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. An official is required to report his/her income and property and property of the spouse and under-age children (Article 43, Anti-Corruption Agency Act, 2008, amended 2015)
Income and Assets
Real estate Yes. Public officials are obliged to submit a disclosure report concerning property and income, including property rights on real estate at home and abroad; (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Movable assets Yes. Public officials are obliged to submit a disclosure report concerning property and income, including property rights on movable property subject to registration with the relevant authorities in the Republic of Serbia and abroad (motor vehicles, vessels, aircraft, weapons et al),; property rights on and movables of high value (valuables, art collections et al); rights deriving from copyright, patent and similar intellectual property rights. (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Cash Yes. Public officials are obliged to submit a disclosure report concerning property and income, including deposits in banks and other financial organisations, at home and abroad (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Loans and Debts Yes. Public officials are obliged to submit a disclosure report that includes debts (principal, interest and repayment period) and receivables. (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Income from outside employment/assets Yes. Public officials are obliged to submit a disclosure report that includes source and amount of income from discharge of public office, or public functions; source and amount of other net incomes; (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Incompatibilities
Gifts received as a public official Yes. An official is obliged to report any gift received in connection with discharge of the public office to the state or other body, organisation or public service wherein he holds public office. (Articles 40 and 41, Anti-Corruption Agency Act, 2008, amended 2015)
Private firm ownership and/or stock holdings Yes. Public officials are obliged to submit a disclosure report that includes shares and stocks in legal entities and other securities. (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Ownership of state-owned enterprises (SOEs) Yes. Public officials are obliged to submit a disclosure report that includes shares and stocks in legal entities and other securities. (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Holding government contracts Yes. Public officials have to disclose within 3 days if a company of which they own a share greater than 20% participates in a procedure that would end with the signing of a government contract. (Article 36, Anti-Corruption Agency Act, 2008, amended 2015)
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment Yes. The official whose public office has ceased is required to file annually the Report on significant changes relative to data from the previous Report over a period of two years following termination of public office. (Article 44, Anti-Corruption Agency Act, 2008, amended 2015)
Simultaneously holding policy-making position and policy-executing position Yes. Public officials are obliged to submit a disclosure report that includes other public functions, jobs or activities discharged in accordance with law and special regulations; (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Participating in official decision-making processes that affect private interests Yes. On taking the office and during discharge of public office, the official shall notify in writing his superior and the Agency within eight days regarding any doubts concerning his conflict of interest or an associated person's conflict of interest. (Article 32, Anti-Corruption Agency Act, 2008, amended 2015)
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Report must be filed within 30 days of taking the office (Article 43, Anti-Corruption Agency Act, 2008, amended 2015)
Filing required upon leaving office Yes. Report must be filed within 30 days of leaving the office (Article 43, Anti-Corruption Agency Act, 2008, amended 2015)
Filing required annually No. Only when significant changes of the property reported in the previous report occur. Changes are considered significant if their value exceeds average annual net income in the Republic of Serbia. (Articles 43, 44, Anti-Corruption Agency Act, 2008, amended 2015)
Ad hoc filing required upon change in assets or conflicts of interest Yes. On taking the office and during discharge of public office, the official shall notify in writing his superior and the Agency within eight days regarding any doubts concerning his conflict of interest or an associated person's conflict of interest. (Article 32, Anti-Corruption Agency Act, 2008, amended 2015)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. For the late report filing an official can be fined with 50,000 to 150,000 RSD (Article 74, Anti-Corruption Agency Act, 2008, amended 2015)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Non-filing report of property is punishable with imprisonment from six month to five years. (Article 72, Anti-Corruption Agency Act, 2008, amended 2015)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Providing false information on property is punishable with imprisonment from six month to five years. (Article, Anti-Corruption Agency Act, 2008, amended 2015)

Monitoring and Oversight

Depository body explicitly identified Yes. The Anti-Corruption Agency keeps a register of officials and their property and income, a list of entities where officials own more than 20% of shares, and a catalogue of gifts. (Articles 5 and 68, Anti-Corruption Agency Act, 2008, amended 2015)
Enforcement body explicitly identified Yes. The Anti-Corruption Agency institutes proceedings and pronounces measures for violation of the Law, and rules on conflict of interest (Article 5, Anti-Corruption Agency Act, 2008, amended 2015)
Some agency assigned responsibility for verifying submission Yes. The Anti-Corruption Agency verifies the submissions of officials in cooperation with the state bodies where they serve. (Article 43, Anti-Corruption Agency Act, 2008, amended 2015)
Some agency assigned responsibility for verifying accuracy Yes. The Anti-Corruption Agency checks due filing of Report and accuracy and completeness of information. (Article 48, Anti-Corruption Agency Act, 2008, amended 2015)

Public access to declarations

Public availability Yes. The catalogue of gifts and information on the salary and the public functions of officials is public. (Articles 41 and 47, Anti-Corruption Agency Act, 2008, amended 2015)
Timing of information release specified Yes. The catalogue of gifts will be published by 1 June for the previous year. (Article 41, Anti-Corruption Agency Act, 2008, amended 2015)
Cost of access specified No. Absent from legal framework.

Civil servants

Disclosure items

Spouses and children included in disclosure Yes. An official is required to report his/her income and property and property of the spouse and under-age children (Article 43, Anti-Corruption Agency Act, 2008, amended 2015)
Income and Assets
Real estate Yes. Public officials are obliged to submit a disclosure report concerning property and income, including property rights on real estate at home and abroad; (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Movable assets Yes. Public officials are obliged to submit a disclosure report concerning property and income, including property rights on movable property subject to registration with the relevant authorities in the Republic of Serbia and abroad (motor vehicles, vessels, aircraft, weapons et al),; property rights on and movables of high value (valuables, art collections et al); rights deriving from copyright, patent and similar intellectual property rights. (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Cash Yes. Public officials are obliged to submit a disclosure report concerning property and income, including deposits in banks and other financial organisations, at home and abroad (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Loans and Debts Yes. Public officials are obliged to submit a disclosure report that includes debts (principal, interest and repayment period) and receivables. (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Income from outside employment/assets Yes. Public officials are obliged to submit a disclosure report that includes source and amount of income from discharge of public office, or public functions; source and amount of other net incomes; (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Incompatibilities
Gifts received as a public official Yes. An official is obliged to report any gift received in connection with discharge of the public office to the state or other body, organisation or public service wherein he holds public office. (Articles 40 and 41, Anti-Corruption Agency Act, 2008, amended 2015)
Private firm ownership and/or stock holdings Yes. Public officials are obliged to submit a disclosure report that includes shares and stocks in legal entities and other securities. (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Ownership of state-owned enterprises (SOEs) Yes. Public officials are obliged to submit a disclosure report that includes shares and stocks in legal entities and other securities. (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Holding government contracts Yes. Public officials have to disclose within 3 days if a company of which they own a share greater than 20% participates in a procedure that would end with the signing of a government contract. (Article 36, Anti-Corruption Agency Act, 2008, amended 2015)
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment Yes. The official whose public office has ceased is required to file annually the Report on significant changes relative to data from the previous Report over a period of two years following termination of public office. (Article 44, Anti-Corruption Agency Act, 2008, amended 2015)
Simultaneously holding policy-making position and policy-executing position Yes. Public officials are obliged to submit a disclosure report that includes other public functions, jobs or activities discharged in accordance with law and special regulations; (Article 46, Anti-Corruption Agency Act, 2008, amended 2015)
Participating in official decision-making processes that affect private interests Yes. On taking the office and during discharge of public office, the official shall notify in writing his superior and the Agency within eight days regarding any doubts concerning his conflict of interest or an associated person's conflict of interest. (Article 32, Anti-Corruption Agency Act, 2008, amended 2015)
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Report must be filed within 30 days of taking the office (Article 43, Anti-Corruption Agency Act, 2008, amended 2015)
Filing required upon leaving office Yes. Report must be filed within 30 days of leaving the office (Article 43, Anti-Corruption Agency Act, 2008, amended 2015)
Filing required annually No. Only when significant changes of the property reported in the previous report occur. Changes are considered significant if their value exceeds average annual net income in the Republic of Serbia. (Articles 43, 44, Anti-Corruption Agency Act, 2008, amended 2015)
Ad hoc filing required upon change in assets or conflicts of interest Yes. On taking the office and during discharge of public office, the official shall notify in writing his superior and the Agency within eight days regarding any doubts concerning his conflict of interest or an associated person's conflict of interest. (Article 32, Anti-Corruption Agency Act, 2008, amended 2015)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. For the late report filing an official can be fined with 50,000 to 150,000 RSD (Article 74, Anti-Corruption Agency Act, 2008, amended 2015)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Non-filing report of property is punishable with imprisonment from six month to five years. (Article 72, Anti-Corruption Agency Act, 2008, amended 2015)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Providing false information on property is punishable with imprisonment from six month to five years. (Article, Anti-Corruption Agency Act, 2008, amended 2015)

Monitoring and Oversight

Depository body explicitly identified Yes. The Anti-Corruption Agency keeps a register of officials and their property and income, a list of entities where officials own more than 20% of shares, and a catalogue of gifts. (Articles 5 and 68, Anti-Corruption Agency Act, 2008, amended 2015)
Enforcement body explicitly identified Yes. The Anti-Corruption Agency institutes proceedings and pronounces measures for violation of the Law, and rules on conflict of interest (Article 5, Anti-Corruption Agency Act, 2008, amended 2015)
Some agency assigned responsibility for verifying submission Yes. The Anti-Corruption Agency verifies the submissions of officials in cooperation with the state bodies where they serve. (Article 43, Anti-Corruption Agency Act, 2008, amended 2015)
Some agency assigned responsibility for verifying accuracy Yes. The Anti-Corruption Agency checks due filing of Report and accuracy and completeness of information. (Article 48, Anti-Corruption Agency Act, 2008, amended 2015)

Public access to declarations

Public availability Yes. The catalogue of gifts and information on the salary and the public functions of officials is public. (Articles 41 and 47, Anti-Corruption Agency Act, 2008, amended 2015)
Timing of information release specified Yes. The catalogue of gifts will be published by 1 June for the previous year. (Article 41, Anti-Corruption Agency Act, 2008, amended 2015)
Location(s) of access specified Yes. Public information will be posted on the Anti-Corruption Agency's web site. (Article 47, Anti-Corruption Agency Act, 2008, amended 2015)
Cost of access specified No. Absent from legal framework.

Qualitative data for 2017


Legislation

Anti-Corruption Agency Act, 2008, amended 2015 (Serbian)pdf

Conflict of Interest

For all Serbian public officials, the Anti-Corruption Agency Act (2008, amended in 2010) lays down that conflicts of interests must generally be avoided. Additionally, the Constitution (2006) prevents the Head of State from performing any other professional duty. For Ministers, Members of Parliament and Civil Servants accepting gifts or following additional employment in the private sector is not allowed. This would include the ownership of private and public enterprises, board membership, or privately playing part in performing government contracts. All public officials are prevented from pursuing employment with an organization they cooperated with in their functions in the two years after ending tenure. Only for the Head of State and Ministers is it specified that they may not use public office to bring about personal benefits for themselves or associated persons.

Violation of the laws governing conflicts of interests can lead to a fine from RSD 50,000 to 150,000, as well as possible expulsion from office. These sanctions apply to all public officials. All the while, no monitoring or enforcement body is specified for the Head of State. Meanwhile, the Anti-Corruption Agency is charged with providing guidance and enforcing sanctions for Ministers, MPs, and Civil Servants.


Quantitative Data

Primary Metric

2012201520162017Trend
Restrictions85858585
Sanctions67676767
Monitoring and Oversight38757575

Alternative Metric

2012201520162017Trend
Head of State69525252
Ministers69868686
Members of Parliament66828282
Civil servants49828282

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest Yes. An official shall discharge the duties of public office in a manner that shall not subordinate the public interest to private interests. An official shall observe the regulations concerning his rights and duties and shall secure and foster and maintain the trust of citizens concerning his conscientious and responsible discharge of public office. An official shall avoid creating of relations of dependency towards persons that may influence his impartiality in discharge of public office and if such relation cannot be avoided or already exists he shall undertake everything that is necessary to protect the public interest. An official must not use public office to acquire any benefit or advantage for himself or any associated person. (Article 27 of the Anti-Corruption Agency Act (2008, amended in 2015))
Accepting gifts Yes. An official may not accept gifts in connection with discharge of a public office, except for protocol or other appropriate gifts, however, even in such cases the gift may not be in money or securities. An official is required to hand over the protocol gift to the body competent to manage property in public ownership, unless the value of the gift does not exceed 5% of the value of the average net salary in the Republic of Serbia. An official may not retain an appropriate gift whose value exceeds 5% of the average monthly net salary in the Republic of Serbia and/or appropriate gifts received during a calendar year whose aggregate value exceeds one average net salary in the Republic of Serbia. (Article 39 of the Anti-Corruption Agency Act (2008, amended in 2015))
Private firm ownership and/or stock holdings Yes. The President of the Republic may not perform another public function or professional duty. (Article 115 of the Constitution (2006))
Ownership of state-owned enterprises (SOEs) Yes. The President of the Republic may not perform another public function or professional duty. (Article 115 of the Constitution (2006))
Holding government contracts Yes. The President of the Republic may not perform another public function or professional duty. (Article 115 of the Constitution (2006))
Board member, advisor, or company officer of private firm Yes. The President of the Republic may not perform another public function or professional duty. (Article 115 of the Constitution (2006))
Post-employment Yes. During the period of two years after termination of the public office, the official whose office has ceased may not take employment or establish business cooperation with a legal entity, entrepreneur or international organisation engaged in activity relating to the office the official held, except under approval of the Agency. (Article 38 of the Anti-Corruption Agency Act (2008, amended in 2015))
Simultaneously holding policy-making position and policy-executing position Yes. The President of the Republic may not perform another public function or professional duty. (Article 115 of the Constitution (2006))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector Yes. An official must not use public office to acquire any benefit or advantage for himself or any associated person. (Article 27 of the Anti-Corruption Agency Act (2008, amended in 2015))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. An official shall be fined from 50,000 to 150,000 RSD for the following offences: accepting of another public office, using public resources in the promotion of political parties, performing of an additional job or activity contrary to the Law, holding a function or management rights in a commercial company, belonging to the body of an association without the approval of the Agency, unauthorized accepting of a reward or gift, or influencing an associated person to receive a gift. (Articles 55-74 of the Anti-Corruption Agency Act (2008, amended in 2015))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Measures that may be pronounced against an official due to a violation of this Act are caution and public announcement of recommendation for dismissal (Articles 51-74 of the Anti-Corruption Agency Act (2008, amended in 2015))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Ministers

Restrictions

General restriction on conflict of interest Yes. An official shall discharge the duties of public office in a manner that shall not subordinate the public interest to private interests. An official shall observe the regulations concerning his rights and duties and shall secure and foster and maintain the trust of citizens concerning his conscientious and responsible discharge of public office. An official shall avoid creating of relations of dependency towards persons that may influence his impartiality in discharge of public office and if such relation cannot be avoided or already exists he shall undertake everything that is necessary to protect the public interest. An official must not use public office to acquire any benefit or advantage for himself or any associated person. (Article 27 of the Anti-Corruption Agency Act (2008, amended in 2015))
Accepting gifts Yes. An official may not accept gifts in connection with discharge of a public office, except for protocol or other appropriate gifts, however, even in such cases the gift may not be in money or securities. An official is required to hand over the protocol gift to the body competent to manage property in public ownership, unless the value of the gift does not exceed 5% of the value of the average net salary in the Republic of Serbia. An official may not retain an appropriate gift whose value exceeds 5% of the average monthly net salary in the Republic of Serbia and/or appropriate gifts received during a calendar year whose aggregate value exceeds one average net salary in the Republic of Serbia. (Article 39 of the Anti-Corruption Agency Act (2008, amended in 2015))
Private firm ownership and/or stock holdings Yes. An official may not perform other jobs or engagements during his tenure in public office that require full-time working hours or full-time employment. As an exception, an official may engage in research, educational, cultural, humanitarian and sports activities without Agency approval if by doing so he does not compromise efficient and impartial discharge and dignity of public office. An official is required to report incomes from these activities to the Agency During tenure of public office an official whose public office requires full time work or permanent engagement may not establish a commercial company or public service, nor commence engagement in private occupation, in terms of the law governing entrepreneurship an official shall transfer his managing rights in any commercial company to a legal entity or natural person who is not an associated person, which rights shall be discharged by such legal entity or natural person on behalf of the official until termination of his term in office (Articles 30-33-35 of the Anti-Corruption Agency Act (2008, amended in 2015))
Ownership of state-owned enterprises (SOEs) Yes. An official may not perform other jobs or engagements during his tenure in public office that require full-time working hours or full-time employment. As an exception, an official may engage in research, educational, cultural, humanitarian and sports activities without Agency approval if by doing so he does not compromise efficient and impartial discharge and dignity of public office. An official is required to report incomes from these activities to the Agency During tenure of public office an official whose public office requires full time work or permanent engagement may not establish a commercial company or public service, nor commence engagement in private occupation, in terms of the law governing entrepreneurship an official shall transfer his managing rights in any commercial company to a legal entity or natural person who is not an associated person, which rights shall be discharged by such legal entity or natural person on behalf of the official until termination of his term in office (Articles 30-33-35 of the Anti-Corruption Agency Act (2008, amended in 2015))
Holding government contracts Yes. A legal entity in which an official owns more than 20% shares or stock that is taking part in privatization, public procurement or other procedure whose outcome is conclusion of contract with an organ of the Republic, territorial autonomy, local government, other budget spending unit and/or other legal entity founded by an organ of the Republic, territorial autonomy or local government or a legal entity wherein more than 20% of the capital is in public ownership is obliged to accordingly notify the Agency within three days from the day of undertaking the first actions in the procedure, as well as on the final outcome of the procedure within three days of learning of its conclusion. The Agency shall keep records of the legal entities. (Article 36 of the Anti-Corruption Agency Act (2008, amended in 2015))
Board member, advisor, or company officer of private firm Yes. An official may not perform other jobs or engagements during his tenure in public office that require full-time working hours or full-time employment. As an exception, an official may engage in research, educational, cultural, humanitarian and sports activities without Agency approval if by doing so he does not compromise efficient and impartial discharge and dignity of public office. An official is required to report incomes from these activities to the Agency During tenure of public office an official whose public office requires full time work or permanent engagement may not establish a commercial company or public service, nor commence engagement in private occupation, in terms of the law governing entrepreneurship an official shall transfer his managing rights in any commercial company to a legal entity or natural person who is not an associated person, which rights shall be discharged by such legal entity or natural person on behalf of the official until termination of his term in office (Articles 30-33-35 of the Anti-Corruption Agency Act (2008, amended in 2015))
Post-employment Yes. During the period of two years after termination of the public office, the official whose office has ceased may not take employment or establish business cooperation with a legal entity, entrepreneur or international organisation engaged in activity relating to the office the official held, except under approval of the Agency. (Article 38 of the Anti-Corruption Agency Act (2008, amended in 2015))
Simultaneously holding policy-making position and policy-executing position Yes. Member of the Government may not be a deputy in the National Assembly, deputy in the Assembly of the autonomous province and representative in the Assembly of the local self-government units, nor may he or she be a member of the executive council of the autonomous province or executive body of the local self-government unit. An official may hold only one public office unless obligated by law or other regulation to discharge several public functions. As an exception to paragraph 1 of this Article an official may hold other public office with approval of the Agency. An official elected to public office directly by citizens may, without seeking approval from the Agency, hold other public offices to which he/she is elected directly by citizens, except in cases of incompatibility determined by the Constitution. (Article 126 of the Constitution (2006) Article 28 of the Anti-Corruption Agency Act (2008, amended in 2015))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector Yes. An official must not use public office to acquire any benefit or advantage for himself or any associated person. (Article 27 of the Anti-Corruption Agency Act (2008, amended in 2015))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. An official shall be fined from 50,000 to 150,000 RSD for the following offences: accepting of another public office, using public resources in the promotion of political parties, performing of an additional job or activity contrary to the Law, holding a function or management rights in a commercial company, belonging to the body of an association without the approval of the Agency, unauthorized accepting of a reward or gift, or influencing an associated person to receive a gift. (Articles 55-74 of the Anti-Corruption Agency Act (2008, amended in 2015))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Measures that may be pronounced against an official due to a violation of this Act are caution and public announcement of recommendation for dismissal (Articles 51-74 of the Anti-Corruption Agency Act (2008, amended in 2015))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Anti-Corruption Agency shall supervise implementation of the Strategy, Action Plan and sectoral action plans. The Agency may take part in the preparation and/or prepare corruption-related training programmes in state bodies and organizations, territorial autonomy and local government bodies, public services and other legal entities. The Agency shall keep the following records: Registry of public officials; Registry of Property; list of legal entities in which an official owns a share or stock in excess of 20%; catalogue of gifts; annual financial statements of political parties. (Article 62-64-68 of the Anti-Corruption Agency Act (2008, amended in 2015))
Enforcement body specified (sanctions, hearings) Yes. The procedure to establish whether there is a violation of this Act and order measures pursuant to this Act shall be initiated by the Anti-Corruption Agency (Article 50 of the Anti-Corruption Agency Act (2008, amended in 2015))

Members of Parliament

Restrictions

General restriction on conflict of interest Yes. An official shall discharge the duties of public office in a manner that shall not subordinate the public interest to private interests. An official shall observe the regulations concerning his rights and duties and shall secure and foster and maintain the trust of citizens concerning his conscientious and responsible discharge of public office. An official shall avoid creating of relations of dependency towards persons that may influence his impartiality in discharge of public office and if such relation cannot be avoided or already exists he shall undertake everything that is necessary to protect the public interest. An official must not use public office to acquire any benefit or advantage for himself or any associated person. (Article 27 of the Anti-Corruption Agency Act (2008, amended in 2015))
Accepting gifts Yes. An official may not accept gifts in connection with discharge of a public office, except for protocol or other appropriate gifts, however, even in such cases the gift may not be in money or securities. An official is required to hand over the protocol gift to the body competent to manage property in public ownership, unless the value of the gift does not exceed 5% of the value of the average net salary in the Republic of Serbia. An official may not retain an appropriate gift whose value exceeds 5% of the average monthly net salary in the Republic of Serbia and/or appropriate gifts received during a calendar year whose aggregate value exceeds one average net salary in the Republic of Serbia. (Article 39 of the Anti-Corruption Agency Act (2008, amended in 2015))
Private firm ownership and/or stock holdings Yes. An official may not perform other jobs or engagements during his tenure in public office that require full-time working hours or full-time employment. As an exception, an official may engage in research, educational, cultural, humanitarian and sports activities without Agency approval if by doing so he does not compromise efficient and impartial discharge and dignity of public office. An official is required to report incomes from these activities to the Agency During tenure of public office an official whose public office requires full time work or permanent engagement may not establish a commercial company or public service, nor commence engagement in private occupation, in terms of the law governing entrepreneurship an official shall transfer his managing rights in any commercial company to a legal entity or natural person who is not an associated person, which rights shall be discharged by such legal entity or natural person on behalf of the official until termination of his term in office (Articles 30-33-35 of the Anti-Corruption Agency Act (2008, amended in 2015))
Ownership of state-owned enterprises (SOEs) Yes. An official may not perform other jobs or engagements during his tenure in public office that require full-time working hours or full-time employment. As an exception, an official may engage in research, educational, cultural, humanitarian and sports activities without Agency approval if by doing so he does not compromise efficient and impartial discharge and dignity of public office. An official is required to report incomes from these activities to the Agency During tenure of public office an official whose public office requires full time work or permanent engagement may not establish a commercial company or public service, nor commence engagement in private occupation, in terms of the law governing entrepreneurship an official shall transfer his managing rights in any commercial company to a legal entity or natural person who is not an associated person, which rights shall be discharged by such legal entity or natural person on behalf of the official until termination of his term in office (Articles 30-33-35 of the Anti-Corruption Agency Act (2008, amended in 2015))
Holding government contracts Yes. A legal entity in which an official owns more than 20% shares or stock that is taking part in privatization, public procurement or other procedure whose outcome is conclusion of contract with an organ of the Republic, territorial autonomy, local government, other budget spending unit and/or other legal entity founded by an organ of the Republic, territorial autonomy or local government or a legal entity wherein more than 20% of the capital is in public ownership is obliged to accordingly notify the Agency within three days from the day of undertaking the first actions in the procedure, as well as on the final outcome of the procedure within three days of learning of its conclusion. The Agency shall keep records of the legal entities. (Article 36 of the Anti-Corruption Agency Act (2008, amended in 2015))
Board member, advisor, or company officer of private firm Yes. An official may not perform other jobs or engagements during his tenure in public office that require full-time working hours or full-time employment. As an exception, an official may engage in research, educational, cultural, humanitarian and sports activities without Agency approval if by doing so he does not compromise efficient and impartial discharge and dignity of public office. An official is required to report incomes from these activities to the Agency During tenure of public office an official whose public office requires full time work or permanent engagement may not establish a commercial company or public service, nor commence engagement in private occupation, in terms of the law governing entrepreneurship an official shall transfer his managing rights in any commercial company to a legal entity or natural person who is not an associated person, which rights shall be discharged by such legal entity or natural person on behalf of the official until termination of his term in office (Articles 30-33-35 of the Anti-Corruption Agency Act (2008, amended in 2015))
Post-employment Yes. During the period of two years after termination of the public office, the official whose office has ceased may not take employment or establish business cooperation with a legal entity, entrepreneur or international organisation engaged in activity relating to the office the official held, except under approval of the Agency. (Article 38 of the Anti-Corruption Agency Act (2008, amended in 2015))
Simultaneously holding policy-making position and policy-executing position Yes. Deputy may not be a deputy in the Assembly of the autonomous province, nor an official in bodies of executive government and judiciary, nor may he or she perform other functions, affairs and duties, which represent a conflict of interest, according to the Law. An official may hold only one public office unless obligated by law or other regulation to discharge several public functions. As an exception to paragraph 1 of this Article an official may hold other public office with approval of the Agency. An official elected to public office directly by citizens may, without seeking approval from the Agency, hold other public offices to which he/she is elected directly by citizens, except in cases of incompatibility determined by the Constitution. (Article 102 of the Constitution (2006) Article 28 of the Anti-Corruption Agency Act (2008, amended in 2015))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. An official shall be fined from 50,000 to 150,000 RSD for the following offences: accepting of another public office, using public resources in the promotion of political parties, performing of an additional job or activity contrary to the Law, holding a function or management rights in a commercial company, belonging to the body of an association without the approval of the Agency, unauthorized accepting of a reward or gift, or influencing an associated person to receive a gift. (Articles 55-74 of the Anti-Corruption Agency Act (2008, amended in 2015))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Measures that may be pronounced against an official due to a violation of this Act are caution and public announcement of recommendation for dismissal (Articles 51-74 of the Anti-Corruption Agency Act (2008, amended in 2015))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Anti-Corruption Agency shall supervise implementation of the Strategy, Action Plan and sectoral action plans. The Agency may take part in the preparation and/or prepare corruption-related training programmes in state bodies and organizations, territorial autonomy and local government bodies, public services and other legal entities. The Agency shall keep the following records: Registry of public officials; Registry of Property; list of legal entities in which an official owns a share or stock in excess of 20%; catalogue of gifts; annual financial statements of political parties. (Article 62-64-68 of the Anti-Corruption Agency Act (2008, amended in 2015))
Enforcement body specified (sanctions, hearings) Yes. The procedure to establish whether there is a violation of this Act and order measures pursuant to this Act shall be initiated by the Anti-Corruption Agency (Article 50 of the Anti-Corruption Agency Act (2008, amended in 2015))

Civil servants

Restrictions

General restriction on conflict of interest Yes. An official shall discharge the duties of public office in a manner that shall not subordinate the public interest to private interests. An official shall observe the regulations concerning his rights and duties and shall secure and foster and maintain the trust of citizens concerning his conscientious and responsible discharge of public office. An official shall avoid creating of relations of dependency towards persons that may influence his impartiality in discharge of public office and if such relation cannot be avoided or already exists he shall undertake everything that is necessary to protect the public interest. An official must not use public office to acquire any benefit or advantage for himself or any associated person. In carrying out his/her duty, a civil servant must not accept a gift, or any other favour or other benefit for him-/herself or other persons, except a protocol or appropriate gift of small value subject to the legislation regulating the prevention of conflict of interest in discharge of public office. (Article 27 of the Anti-Corruption Agency Act (2008, amended in 2015) Article 7 of the Civil Servants Code of Conduct (2008))
Accepting gifts Yes. An official may not accept gifts in connection with discharge of a public office, except for protocol or other appropriate gifts, however, even in such cases the gift may not be in money or securities. An official is required to hand over the protocol gift to the body competent to manage property in public ownership, unless the value of the gift does not exceed 5% of the value of the average net salary in the Republic of Serbia. An official may not retain an appropriate gift whose value exceeds 5% of the average monthly net salary in the Republic of Serbia and/or appropriate gifts received during a calendar year whose aggregate value exceeds one average net salary in the Republic of Serbia. A civil servant shall not accept gifts in connection with the performance of their duties, except protocol or other appropriate gifts of small value, or any service or other benefit for himself or other persons. (Article 39 of the Anti-Corruption Agency Act (2008, amended in 2015) Article 9 of the Civil Servants Code of Conduct (2008) Article 25 of the Law on Public Servants (2005, amended in 2014) Article 39 of the Anti-Corruption Agency Act (2008, amended in 2015))
Private firm ownership and/or stock holdings Yes. An official may not perform other jobs or engagements during his tenure in public office that require full-time working hours or full-time employment. As an exception, an official may engage in research, educational, cultural, humanitarian and sports activities without Agency approval if by doing so he does not compromise efficient and impartial discharge and dignity of public office. An official is required to report incomes from these activities to the Agency During tenure of public office an official whose public office requires full time work or permanent engagement may not establish a commercial company or public service, nor commence engagement in private occupation, in terms of the law governing entrepreneurship A civil servant shall not establish a company, public service, or engage in entrepreneurship. On the transfer of management rights in a commercial entity to another person, the regulations governing the prevention of conflicts of interest in exercising public functions. A civil servant shall not be a director, deputy or assistant director of a legal person, a member of the management board, supervisory board or another governing body of the legal entity can be only if it is appointed by the Government or other state authority. During tenure of public office an official whose public office requires full time work or permanent engagement may not establish a commercial company or public service, nor commence engagement in private occupation, in terms of the law governing entrepreneurship. (Articles 30-33 of the Anti-Corruption Agency Act (2008, amended in 2015) Article 28-29 of the Law on Public Servants (2005, amended in 2014) Article 33 of the Anti-Corruption Agency Act (2008, amended in 2015))
Ownership of state-owned enterprises (SOEs) Yes. A legal entity in which an official owns more than 20% shares or stock that is taking part in privatization, public procurement or other procedure whose outcome is conclusion of contract with an organ of the Republic, territorial autonomy, local government, other budget spending unit and/or other legal entity founded by an organ of the Republic, territorial autonomy or local government or a legal entity wherein more than 20% of the capital is in public ownership is obliged to accordingly notify the Agency within three days from the day of undertaking the first actions in the procedure, as well as on the final outcome of the procedure within three days of learning of its conclusion. The Agency shall keep records of the legal entities. (Article 36 of the Anti-Corruption Agency Act (2008, amended in 2015))
Holding government contracts Yes. A legal entity in which an official owns more than 20% shares or stock that is taking part in privatization, public procurement or other procedure whose outcome is conclusion of contract with an organ of the Republic, territorial autonomy, local government, other budget spending unit and/or other legal entity founded by an organ of the Republic, territorial autonomy or local government or a legal entity wherein more than 20% of the capital is in public ownership is obliged to accordingly notify the Agency within three days from the day of undertaking the first actions in the procedure, as well as on the final outcome of the procedure within three days of learning of its conclusion. The Agency shall keep records of the legal entities. (Article 36 of the Anti-Corruption Agency Act (2008, amended in 2015))
Board member, advisor, or company officer of private firm Yes. An official may not perform other jobs or engagements during his tenure in public office that require full-time working hours or full-time employment. As an exception, an official may engage in research, educational, cultural, humanitarian and sports activities without Agency approval if by doing so he does not compromise efficient and impartial discharge and dignity of public office. An official is required to report incomes from these activities to the Agency During tenure of public office an official whose public office requires full time work or permanent engagement may not establish a commercial company or public service, nor commence engagement in private occupation, in terms of the law governing entrepreneurship A civil servant shall not establish a company, public service, or engage in entrepreneurship. On the transfer of management rights in a commercial entity to another person, the regulations governing the prevention of conflicts of interest in exercising public functions. A civil servant shall not be a director, deputy or assistant director of a legal person, a member of the management board, supervisory board or another governing body of the legal entity can be only if it is appointed by the Government or other state authority. During tenure of public office an official whose public office requires full time work or permanent engagement may not establish a commercial company or public service, nor commence engagement in private occupation, in terms of the law governing entrepreneurship. (Articles 30-33 of the Anti-Corruption Agency Act (2008, amended in 2015) Article 28-29 of the Law on Public Servants (2005, amended in 2014) Article 33 of the Anti-Corruption Agency Act (2008, amended in 2015))
Post-employment Yes. During the period of two years after termination of the public office, the official whose office has ceased may not take employment or establish business cooperation with a legal entity, entrepreneur or international organisation engaged in activity relating to the office the official held, except under approval of the Agency. (Article 38 of the Anti-Corruption Agency Act (2008, amended in 2015))
Simultaneously holding policy-making position and policy-executing position Yes. An official may hold only one public office unless obligated by law or other regulation to discharge several public functions. As an exception to paragraph 1 of this Article an official may hold other public office with approval of the Agency. An official elected to public office directly by citizens may, without seeking approval from the Agency, hold other public offices to which he/she is elected directly by citizens, except in cases of incompatibility determined by the Constitution. (Articles 28 of the Anti-Corruption Agency Act (2008, amended in 2015))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. For serious violations of duties from employment (acceptance of gifts in connection with the performance of tasks by the provisions of this Law, receive services or benefits for themselves or another person or use of labor in the state authority to influence the exercise of their rights or the rights of persons associated with the civil servant) may be imposed: 1) a fine of 20% to 30% of salary for full-time, paid for the month in which the fine imposed for up to six months; 2) determine the next lower salary grade; 3) prohibition of promotion of four years; 4) transfer to the workplace in the next lower rank while retaining the salary grade whose ordinal number of the same ordinal number of salary grade in which there is the position from which he was transferred; 5) termination of employment. Fines are always executed administratively. (Article 110 of the Law on Public Servants (2005, amended in 2014))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Measures that may be pronounced against an official due to a violation of this Act are caution and public announcement of recommendation for dismissal. For serious violations of duties from employment (acceptance of gifts in connection with the performance of tasks by the provisions of this Law, receive services or benefits for themselves or another person or use of labor in the state authority to influence the exercise of their rights or the rights of persons associated with the civil servant) may be imposed: 1) a fine of 20% to 30% of salary for full-time, paid for the month in which the fine imposed for up to six months; 2) determine the next lower salary grade; 3) prohibition of promotion of four years; 4) transfer to the workplace in the next lower rank while retaining the salary grade whose ordinal number of the same ordinal number of salary grade in which there is the position from which he was transferred; 5) termination of employment. Fines are always executed administratively. (Article 51 of the Anti-Corruption Agency Act (2008, amended in 2015) Article 110 of the Law on Public Servants (2005, amended in 2014))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Anti-Corruption Agency shall supervise implementation of the Strategy, Action Plan and sectoral action plans. The Agency may take part in the preparation and/or prepare corruption-related training programmes in state bodies and organizations, territorial autonomy and local government bodies, public services and other legal entities. The Agency shall keep the following records: Registry of public officials; Registry of Property; list of legal entities in which an official owns a share or stock in excess of 20%; catalogue of gifts; annual financial statements of political parties. (Article 62-64-68 of the Anti-Corruption Agency Act (2008, amended in 2015))
Enforcement body specified (sanctions, hearings) Yes. The procedure to establish whether there is a violation of this Act and order measures pursuant to this Act shall be initiated by the Anti-Corruption Agency (Article 50 of the Anti-Corruption Agency Act (2008, amended in 2015))

Qualitative data for 2017


Legislation

Anti-Corruption Agency Act, 2008, amended 2015 (Serbian)pdf
Civil Servants Code of Conduct, 2008 (English)pdf
Constitution, 2006 (English)pdf
Law on Public Servants, 2005, amended 2014 (English)pdf

Freedom of Information

Serbia's FOI framework derives from both its Constitution (2006) and from the Law on Free Access to Information of Public Importance (2004, amended 2010). The FOI law applies to central government bodies, territorial autonomy bodies, local self-government bodies or organizations vested with public powers, and a legal entity founded by or funded by a government body.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, Law on Secrecy of Data (2009), and Law on the Protection of Personal Data (2008). However, there is a public interest test whereby exemptions to disclosure may be overridden in cases where the public interest outweighs the prohibition on disclosure.

Appeals may be filed with public authorities and with the courts. An applicant may also lodge a complaint with the Commissioner for Information of Public Importance.

Monetary fines may be imposed on individuals for the failure to provide information. While the implementation process is supervised by the Ministry responsible for administrative affairs, the Commissioner monitors compliance, reports to the public and the National Assembly, makes motions to draft or amend regulations, proposes measures to improve operations, and trains employees of government bodies. 


Quantitative Data

Primary Metric

2012201520162017Trend
Scope and Coverage82828282
Information access and release100100100100
Exceptions and Overrides100100100100
Sanctions for non-compliance33333333
Monitoring and Oversight83838383

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. Everyone shall have the right to access information kept by state bodies and organizations with delegated public powers, in accordance with the law. (Article 51 Constitution of the Republic of Serbia, 2006)
"Information" or "Documents" is defined Yes. Information of public importance, within the meaning of this Law, is information held by a public authority body, created during or relating to the operation of a public authority body, which is contained in a document and concerns anything the public has a justified interest to know. For information to be considered information of public importance, it shall be irrelevant whether the source of information is a public authority or another person, which medium carries the document containing the information (paper, tape, film, electronic media, etc.), on which date the information was created or in which way the information was obtained, nor shall any other similar properties of such information bear any relevance for this purpose. (Article 2 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 )
Proactive disclosure is specified No. Absent from legal framework.

Coverage of public and private sectors

Executive branch Yes. A public authority body within the meaning of this Law (hereinafter referred to as public authority) shall mean: 1) A central government body, a territorial autonomy body, a local self-government body or an organization vested with public powers (hereinafter referred to as government body); 2) A legal entity founded by or fully or predominantly funded by a government body. (Article 3 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 )
Legislative branch Yes. A public authority body within the meaning of this Law (hereinafter referred to as public authority) shall mean: 1) A central government body, a territorial autonomy body, a local self-government body or an organization vested with public powers (hereinafter referred to as government body); 2) A legal entity founded by or fully or predominantly funded by a government body. (Article 3 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 )
Judicial branch Yes. A public authority body within the meaning of this Law (hereinafter referred to as public authority) shall mean: 1) A central government body, a territorial autonomy body, a local self-government body or an organization vested with public powers (hereinafter referred to as government body); 2) A legal entity founded by or fully or predominantly funded by a government body. (Article 3 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 )
Other public bodies Yes. A public authority body within the meaning of this Law (hereinafter referred to as public authority) shall mean: 1) A central government body, a territorial autonomy body, a local self-government body or an organization vested with public powers (hereinafter referred to as government body); 2) A legal entity founded by or fully or predominantly funded by a government body. (Article 3 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 )
Private sector No. Absent from legal framework.

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. The Government work shall be public. The Government shall be obliged to enable public insight into its work, according to a law governing free access to information of public importance and the Government Rules of Procedure. (Article 9 of the Law on Government, 2005, amended 2014)
Enacted legal instruments Yes. The Government work shall be public. The Government shall be obliged to enable public insight into its work, according to a law governing free access to information of public importance and the Government Rules of Procedure. The President of the Republic is obliged to issue a decree on promulgation of the laws. (Article 9 of the Law on Government, 2005, amended 2014 Article 113 of the Constitution of the Republic of Serbia, 2006)
Annual budgets Yes. Information of public importance, within the meaning of this Law, is information held by a public authority body, created during or relating to the operation of a public authority body, which is contained in a document and concerns anything the public has a justified interest to know. The state body is required to publicize information on its budget at least once a year. (Articles 2, 5, 39 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 )
Annual chart of accounts (actual expenditures) Yes. Information of public importance, within the meaning of this Law, is information held by a public authority body, created during or relating to the operation of a public authority body, which is contained in a document and concerns anything the public has a justified interest to know. State bodies are required at least once a year to publicize information on their budget. (Articles 2, 5, 39 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 )
Annual reports of public entities and programs Yes. Information of public importance, within the meaning of this Law, is information held by a public authority body, created during or relating to the operation of a public authority body, which is contained in a document and concerns anything the public has a justified interest to know. State bodies are required to publicize information about their services. (Articles 2, 5, 39 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 )

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. Everyone shall be able to exercise the rights in this Law under equal conditions, regardless of their nationality, temporary or permanent residence or place of establishment, or any personal characteristic such as race, religion, national or ethnic background, gender, etc. (Article 6 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 )
Type of request is specified (written, electronic, oral) Yes. An applicant shall submit a request in writing to a public authority to exercise the right to access information of public importance (hereinafter referred to as request). A public authority shall also have the duty to grant an applicant access to information where a request for information is made verbally and entered in relevant records, it being understood that such requests shall be entered in special records and relevant time limits shall apply accordingly as if the request were submitted in writing. A public authority may prescribe a sample request form, but it shall nevertheless have to duty to take into consideration all requests not filed on such form. (Article 15 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 )
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) Yes. If a request does not contain the details set out in paragraph 2 of this Article, i.e. if a request is deficient, the authorized person of the public authority shall have a duty to instruct the applicant free of charge on ways to rectify the deficiencies in the request, i.e. he/she shall instruct the applicant to complement the request. (Article 15 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 )
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. Access to a document containing requested information shall be granted free of charge. A copy of a document containing requested information shall be issued against reimbursement by the applicant of the necessary costs of reproduction, while if such copy is sent to the applicant, he/she shall also be required to reimburse any costs associated with such sending. The government shall pass a list of reimbursable expenses on the basis of which public authorities shall calculate the costs referred to in the foregoing paragraph. (Article 17 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 )

Deadlines for release of information

20-day response deadline Yes. A public authority shall, without delay, and within 15 days of receipt of a request at the latest, inform an applicant whether it holds the requested information, grant him/her access to the document containing the requested information or issue or send to the applicant a copy of the document, as the case may be. A copy of a document shall be deemed to be sent to an applicant sent on the day it leaves the office of the public authority from which the information was requested. (Article 16 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 )
Agency granted right to extend response time Yes. If a public authority is justifiably prevented from informing an applicant within the deadline referred to in paragraph 1 of this Article that it holds the information, from granting him/her access to a document containing the sought information and from issuing and/or sending him/her a copy of the document, the public authority shall, within seven days of receipt of the request at the latest, inform the applicant thereof and set another deadline, which shall not be longer than 40 days of receipt of the request, within which it shall inform the applicant that it holds the information, grant him/her access to the document containing the requested information or issue or send to the applicant a copy of the document, as the case may be. (Article 16 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 )

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. Law on Secrecy of Data, 2009 (Law on Secrecy of Data, 2009)
Existence of personal privacy/data law Yes. Law on the Protection of Personal Data, 2008 (Law on the Protection of Personal Data, 2008, amended 2012)
Specific exemptions to disclosure Yes. General exemptions include limitations that may be “necessary in a democratic society . . . to prevent a serious violation of an overriding interest . . . “ or which may infringe privacy rights. More specific exemptions to coverage are provided in Article 9 and Article 10, including information whose disclosure may imperil a criminal investigation; risk someone’s personal health,safety, or privacy; endanger national defense or security; undermine the government’s ability to manage the economy; and harm state, official, or business secrets. . Provisions exempt personal data, as well as information that implicates the nation’s territorial integrity, sovereignty, constitutional order, human rights, national security, defense, and foreign affairs. (Articles 8, 9, 10, 13, and 14 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 Article 8 of the Law on the Protection of Personal Data, 2008, amended 2012 Article 2(1-3) of the Law on Secrecy of Data, 2009)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities Yes. Certain relevant provisions of the Law on General Administrative Procedure regulate the procedure of a public authority. (Article 21 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 Articles 12 and 214 of the Law on General Administrative Procedure, 2001, amended 2010)
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. Yes. An applicant may lodge a complaint with the Commissioner for Information of Public Importance. (Articles 16, 22, 23 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 )
Judicial appeals mechanism Yes. The Commissioner’s decisions and conclusions may be appealed in courts through an administrative dispute mechanism. (Article 27 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 Articles 12 and 214 of the Law on General Administrative Procedure, 2001, amended 2010)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. Absent from legal framework.
Fines are specified for violations of disclosure requirements Yes. Monetary fines range from 5,000 to 50,000 dinars for authorized persons in public authorities for the failure to provide the information. (Articles 46, 47 and 48 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 )
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework.

Monitoring and Oversight

Information officers must be appointed in public agencies Yes. A public entity can designate one or more official persons to respond to requests for information. The article further stipulates the roles and responsibilities of the authorized person(s) and protects official employees who allow access to information that is related to the existence of corruption, officials overstepping their authority, irrational disposal of public assets, or unlawful acts by officials. (Article 38 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 )
Public body that is responsible for applying sanctions Yes. Commissioner for Information of Public Importance (Article 28 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 )
Public body that is responsible for public outreach (raising public awareness) Yes. Commissioner for Information of Public Importance (Article 35 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 )
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. Yes. The Commissioner shall: 1) Monitor compliance of public authorities with the duties provided for in this Law and report to the public and the National Assembly thereof; 2) Make motions to draft or amend regulations for the purpose of implementation and promotion of the right to access information of public importance; 3) Propose to public authorities measures to be taken to improve their operations governed by this Law; 4) Take necessary measures to train employees of government bodies and to advise them on their duties regarding the rights to access information of public importance, with a view to ensuring effective implementation of this Law; The implementation of this Law of shall be supervised by the Ministry responsible for administrative affairs. Inspection enforcement of this Law shall be performed by the ministry responsible for administrative affairs, through its administrative inspectorate. (Articles 35 and 45 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 )
Ombudsman involvement in implementation is specified by law No. Absent from legal framework.
Reporting of data and/or implementation is required Yes. A state body authorized person shall submit an annual report to the Commissioner on the activities of the body undertaken with the aim of implementing this Law, which shall contain the following data: 1) Number of submitted requests, number of wholly or partly approved requests and the number of rejected or dismissed requests; 2) Number and content of the complaints against the decisions to reject or dismiss a request; 3) Total sum of fees charged for the exercise of the right to access information of public importance; 4) Measures taken with regard to the obligation to publish a directory; 5) Measures taken with regard to maintaining information mediums; 6) Measures taken with regard to staff training.” (Articles 43 of the Law on Free Access to Information of Public Importance, 2004, amended 2010 )

Qualitative data for 2017


Legislation

Constitution of the Republic of Serbia, 2006 (English)pdf
Law on Free Access to Information of Public Importance, 2004, amended 2010 (Serbian)pdf
Law on Government, 2005, amended 2014 (Serbian)pdf
Law on Secrecy of Data, 2009 (English)pdf
Law on the Protection of Personal Data, 2008, amended 2012 (Serbian)pdf
Law on General Administrative Procedure, 2001, amended 2010 (Serbian)pdf

Public Procurement

The Serbian public procurement system is regulated by the Law on Public Procurement (2013), and several additional regulations. The public procurement body is the Public Procurement Advisory Unit which is an organization under the Ministry of Employment and Economy.

The lowest minimum threshold for conducting a public procurement tender is:

▪         RSD 500,000 (ca. EUR 4,200) for goods, works and services

The minimum number of bidders is 3 in case of low-value public procurement tenders, but there is no such regulation on restricted procedures or negotiated procedures and competitive dialogue. The minimum submission period is 40 days for open procedures, 20 days for restricted procedures and 25 for negotiated procedures from dispatch date. The final beneficial owners have to be disclosed when placing a bid.

There is possibility for preferential treatment for SMEs and domestic providers can be advantaged through award criteria. Sustainability factors can be considered in the awarding process.

There are several options for bid exclusion: supply of false information, prior unjustifiable refusal to sign a contract after awarding, refusal to supply evidence and collateral previously committed to in the bid etc. Bids can be also excluded because of abnormally low bid prices

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee. There is also a requirement that some part of the evaluation committee be independent of the contracting authority.

There is a payable fee in case of an arbitration procedure, which is at least RSD 15,000 (ca. EUR 120). Court decisions are publicly released.


Quantitative Data

Primary Metric

2012201520162017Trend
Scope99100100
Information availability100100100
Evaluation757575
Open competition504444
Institutional arrangements434343

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) RSD 0. even if the Law does not have to be appleid for the public procurement estimated value below RSD 500.000 per year contracting authority is obligated to prevent existence of any conflict of interest, ensure competition, and make sure that the contracted price does not exceed the comparable market price according to the provisions of Public procurement Law. ( Public Procurement Law as amended 2015, Article 39)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) RSD 0. even if the Law does not have to be appleid for the public procurement estimated value below RSD 500.000 per year contracting authority is obligated to prevent existence of any conflict of interest, ensure competition, and make sure that the contracted price does not exceed the comparable market price according to the provisions of Public procurement Law. (Public Procurement Law as amended 2015, Article 39)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) RSD 0. even if the Law does not have to be appleid for the public procurement estimated value below RSD 500.000 per year contracting authority is obligated to prevent existence of any conflict of interest, ensure competition, and make sure that the contracted price does not exceed the comparable market price according to the provisions of Public procurement Law. (Public Procurement Law as amended 2015, Article 39)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) RSD 500.000. even if the Law does not have to be appleid for the public procurement estimated value below RSD 500.000 per year contracting authority is obligated to prevent existence of any conflict of interest, ensure competition, and make sure that the contracted price does not exceed the comparable market price according to the provisions of Public procurement Law.There are exceptions in the atricle 6a, 7, 7a and 131e when Public Procurement Law does not applay regardless threshold (Public Procurement Law as amended 2015, Article 6a, 7, 7a, 39, 131e)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) RSD 500.000. even if the Law does not have to be appleid for the public procurement estimated value below RSD 500.000 per year contracting authority is obligated to prevent existence of any conflict of interest, ensure competition, and make sure that the contracted price does not exceed the comparable market price according to the provisions of Public procurement Law. There are exceptions in the atricle 6a, 7, 7a, 122 and 131e when Public Procurement Law does not applay regardless threshold (Public Procurement Law as amended 2015, Article 6a, 7, 7a 39, 122, 131e)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) RSD 500.000. even if the Law does not have to be appleid for the public procurement estimated value below RSD 500.000 per year contracting authority is obligated to prevent existence of any conflict of interest, ensure competition, and make sure that the contracted price does not exceed the comparable market price according to the provisions of Public procurement Law.There are exceptions in the atricle 6a, 7, 7a, 128 and 131e and in Decree on process of public procurement in the field of defence and security when Public Procurement Law does not applay regardless threshold (Public Procurement Law as amended 2015, Article 6a, 7, 7a 39, 128, 131e and Decree on process of public procurement in the field of defence and security Article 3, 8)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) RSD 500.000. even if the Law does not have to be appleid for the public procurement estimated value below RSD 500.000 per year contracting authority is obligated to prevent existence of any conflict of interest, ensure competition, and make sure that the contracted price does not exceed the comparable market price according to the provisions of Public procurement Law.There are exceptions in the atricle 6a, 7, 7a and 131e when Public Procurement Law does not applay regardless threshold (Public Procurement Law as amended 2015, Article 6a, 7, 7a, 39, 131e)
What are the minimum application thresholds for the procurement type? (Product type WORKS) RSD 500.000. even if the Law does not have to be appleid for the public procurement estimated value below RSD 500.000 per year contracting authority is obligated to prevent existence of any conflict of interest, ensure competition, and make sure that the contracted price does not exceed the comparable market price according to the provisions of Public procurement Law.There are exceptions in the atricle 6a, 7, 7a and 131e when Public Procurement Law does not applay regardless threshold (Public Procurement Law as amended 2015, Article 6a, 7, 7a, 39, 131e)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) RSD 500.000. even if the Law does not have to be appleid for the public procurement estimated value below RSD 500.000 per year contracting authority is obligated to prevent existence of any conflict of interest, ensure competition, and make sure that the contracted price does not exceed the comparable market price according to the provisions of Public procurement Law.There are exceptions in the atricle 6a, 7, 7a and 131e when Public Procurement Law does not applay regardless threshold (Public Procurement Law as amended 2015, Article 6a, 7, 7a, 39, 131e)

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. Simultaneously with publishing the invitation to bid, contracting authority shall publish tender documents on the Public Procurement Portal and on its web page. In case where a part of tender documents is confidential, the contracting authority shall in the part of tender documents it has published indicate how and under which conditions the interested parties may take over the confidential parts of the tender documents. Where contracting authority amends or supplements tender documents within the time period for submission of bids, it shall publish such amendments or additions without delay on the Public Procurement Portal and on its web page. ( Public Procurement Law as amended 2015, Articles 61, 62, 63)
Are any of these documents published online at a central place? Yes. Public procurement notices are published on the Public Procurement Portal and on the contracting authority’s web page. Public procurement notices estimated value of which is higher than the one of the low-value public procurement referred to in Article 39 of this Law, is also published on the Portal of Official Gazettes of the Republic of Serbia and Legislation Databases. he Government gives consent to the amount of the fee for publishing public procurement notices on the Portal of Official Gazettes of the Republic of Serbia and Legislation Databases. Where the estimated value of public procurement exceeds 250,000.000 dinars for goods and services, or 500,000.000 dinars for works, the contracting authority shall publish public procurement notice referred to in Article 55, paragraph 1, items 2) through 4) of this Law also in a foreign language commonly used in international trade in the field of the subject matter of public procurement. Contracting authority which has no web page is not under the obligation to create a web page for the sake of publishing public procurement notices. Simultaneously with publishing the invitation to bid, contracting authority shall publish tender documents on the Public Procurement Portal and on its web page. In case where a part of tender documents is confidential, the contracting authority shall in the part of tender documents it has published indicate how and under which conditions the interested parties may take over the confidential parts of the tender documents. ( Public Procurement Law as amended 2015, Article 57 and Article 62 )
Is it mandatory to keep all of these records? -Public notices of bidding opportunities, -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports, -Formal appeals by bidders and outcomes, -Final signed contract documents and addenda and amendments, -Claims and dispute resolutions, -Final payments, -Disbursement data (as required by the country’s financial management system) Yes. Contracting authority shall: 1) Keep records of all actions and documents during planning, conducting the procedure and implementing public procurement; 2) Safeguard all the documentation pertaining to public procurement in line with regulations governing documentation and archives, for at least ten years from the expiry of the contracted deadline for implementation of an individual public procurement contracts, or five years from the moment the decision to suspend the procedure was made; 3) Keep records on all concluded public procurement contracts and the records of suppliers. Contracting authority shall collect and keep records of data concerning public procurement procedures and awarded public procurement contracts. Contracting authority delivers in electronic format to the Public Procurement Office quarterly report on: 1) Conducted public procurement procedures; 2) Conducted public procurement procedures to which the contracting authority did not apply the provisions of this Law; 3) Conducted negotiating procedures without publication of invitation to submit bids;4) Costs of preparation of bids in public procurement procedures; 5) Concluded public procurement contracts; 6) Unit prices of goods, services and most frequent works; 7) Amended public procurement contracts; 8) Cancelled public procurement procedures; 9) Public procurement procedures in which a request for the protection of rights was filed and cancelled procedures; 10) Implementation of public procurement contract. The Public Procurement Office defines in detail the contents of reports on public procurements and the manner of keeping records on public procurements. Contracting authority delivers reports referred to in paragraph 1 of this Article no later than on the 10th day of the month that follows the trimester. The Public Procurement Office shall prepare aggregate quarterly report on conducted procedures and concluded public procurement contracts on the basis of the delivered quarterly reports of contracting authorities, and to post it on the Public Procurement Portal and its internet page within a term of a month after the expiration of time limit referred to in paragraph 4 of this Article. ( Public Procurement Law Article 16, 132)
Are contracts awarded within a framework agreement published (ie mini contracts)? Yes. Contracting authority shall publish a notification on concluded public procurement contract or framework agreement within a term of five days from the day of conclusion of the contract, or the framework agreement. Contracting authority may quarterly, within a term of 15 days following the end of the quarter, publish notifications on public procurement contracts concluded pursuant to the framework agreement or in the dynamic procurement system. (Public Procurement Law as amended 2015, Article 116 )

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? Yes. Where bidder states in bid its intention to subcontract part of procurement to subcontractor, it has to state this subcontractor’s name, and if contracting authority and bidder conclude the contract, that subcontractor will be named in the contract. ( Public Procurement Law as amended 2015, Article 80)
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. In any case, where bidder states in bid its intention to subcontract part of procurement to subcontractor, it has to state this subcontractor’s name, and if contracting authority and bidder conclude the contract, that subcontractor will be named in the contract. (Public Procurement Law as amended 2015, Article 80)

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. Contracting authority may not indicate in tender documents any particular trade mark, patent, or type, or a specific origin or production. ( Public Procurement Law as amended 2015, Articles 12, 72 )
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. Contracting authority shall facilitate as much competition as possible in a public procurement procedure. Contracting authority may not limit competition, and in particular, it may not prevent any bidder from participating in public procurement by unjustified use of the negotiating procedure or by using discriminatory conditions, technical specifications, or criteria. Contracting authority shall ensure equal position of all bidders in all phases of public procurement procedure. Contracting authority may not impose conditions that would constitute national, territorial, subject-matter or personal discrimination among bidders, or discrimination arising from the classification of the business activity performed by the bidder. The Centralized Public Procurement Body shall shape the public procurement procedure in lots, whenever possible, so as to facilitate participation of small and medium-sized companies. Where contracting authority conducts public procurement procedure aiming to conclude a framework agreement or individual public procurement, whose estimated value exceeds the amount under Article 59 of this Law, it may require from the bidder to execute a certain part of public procurement, according to its value or subject matter, through a subcontractor who is a sole trader or a small legal person within the meaning of regulations governing accounting and auditing. (Public Procurement Law as amended 2015, Article 10, 12, 48, 80 )
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) Yes. advantage for domestic bidders and goods when MEAT criteria award ( Public Procurement Law as amended 2015, Article 86)
Is there a specific set of rules for green/sustainable procurement? Yes. Contracting authority shall procure non-polluting goods, services and works, or those having minimal influence on the environment, or those that ensure adequate decrease in energy consumption - energy efficiency, and, when justifiable, to define environmental advantages of the subject matter of public procurement, energy efficiency, and total costs of procurement subject-matter’s service life, as elements of the criterion for the most advantageous bid. Contracting authority defines technical specifications besides athers in the form of characteristics or functional requirements, which may include environmental characteristics and requirements concerning energy efficiency and which shall be sufficiently precise and clear so that the bidders could prepare adequate bids and the contracting authorities could procure goods, services or works adequate to their objective needs; If the contracting authority intends to procure goods, services or works with specific environmental, social or other characteristics, it may request in the technical specifications, contract award criteria or contract implementation requirements, specific marks as proof that goods, services or works correspond to the required characteristics provided that all of the following conditions are met: 1) That a request for marking solely concerns the criteria that are in connection with the subject matter of public procurement and that it is appropriate for defining the characteristics of the subject matter of public procurement; 2) That a request for marking is determined on the basis of objectively verifiable and non- discriminatory criteria; 3) That marks are determined in an open and transparent procedure with participation of all interest groups, such as government bodies, service users, social partners, consumers, producers, distributors, non-governmental organizations etc.; 4) That the marks are available to all interested persons; 5) That the requests for marking are determined by a third party over which an interested person, i.e. supplier who has applied for obtaining the mark may not exercise decisive influence. If the contracting authority requests precisely determined mark, it shall accept all marks confirming that goods, services or works meet the requirements of appropriate marking. In a situation where an interested person was clearly not able to obtain certain mark requested by the contracting authority in the tender documents or an appropriate mark, the contracting authority shall accept another appropriate way of proving that may also include manufacturer's technical documentation provided that the interested person proves that goods, services or works he offers meet the requirements of a certain mark or certain requirements envisaged by the contracting authority. Criterion of economically most advantageous bid is based on various elements of the criterion, depending on the subject matter of public procurement, beside others on Environmental advantages and environment protection and Energy efficiency; (, Public Procurement Law as amended 2015, Articles 13, 71, 73, 85)

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. nder documents for participation in public procurement procedure. Contracting authority sets the additional requirements in tender documents for participation in public procurement procedure concerning financial, operational, technical and personnel capabilities whenever it is necessary having in mind the subject matter of public procurement. Contracting authority may provide in tender documents that bidder has to prove that it is not undergoing liquidation or bankruptcy procedure, or preliminary liquidation procedure. Contracting authority may also define other additional requirements for participation in public procurement procedure, especially if they relate to social and environmental issues. Contracting authority may set additional requirements concerning the fulfillment of bidder’s obligations towards its subcontractors or suppliers. Contracting authority sets requirements for participation in the procedure in such way that these requirements do not discriminate bidders and that are in logically related to the subject matter of public procurement. When a commercial bank acts as bidder in public procurement procedure, it shall provide data in accordance with its obligation to guarantee confidentiality of information about its clients, pursuant to the law governing the activities of banks. Contracting authority may reject a bid if it possesses evidence that, over the previous three years, prior to the moment the invitation to submit bids was published, the bidder has, in a public procurement procedure: 1) Acted contrary to prohibition under Articles 23 and 25 of this Law; 2) Violated competition; 3) Supplied false data in a bid, or unjustifiably refused to sign a public procurement contract after it had been awarded to it; 4) Refused to supply evidence and collateral to which it has committed in the bid. Contracting authority may reject a bid where it possesses evidence confirming that the bidder failed to fulfill its obligations under the previously concluded public procurement contracts that related to the same subject of procurement, over a period of previous three years prior to the moment the invitation to submit bids was published. (Public Procurement Law as amended 2015, Article 34, 75, 76, 82)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. No. Contracting authority may reject a bid due to its uncommonly low price. For the purpose of this Law, uncommonly low price is the offered price which substantially deviates from comparable market price thus raising doubts in feasibility of implementing the public procurement pursuant to the offered conditions. Where contracting authority assesses that a bid contains abnormally low price, it shall demand the bidder a detailed explanation of all constituent elements of the bid it considers relevant, in particular those concerning the cost effectiveness of the construction method, production or selected technical solutions, in view of exceptionally favorable circumstances for implementing contract available to the bidder, or in view of the originality of products, services or works proposed by the bidder. In the case under paragraph 3 of this Article, the contracting authority shall set an appropriate deadline for bidder’s response. After having received requested explanation, the contracting authority shall check the relevant constituent elements of the bid referred to in paragraph 3 of this Article. Contracting authority shall in particular check the fulfillment of bidder’s or candidate’s obligations arising from the applicable legislation on safety at work, employment and working conditions, environmental protection and protection of intellectual rights, and may demand that the bidder provides adequate evidence. ( Public Procurement Law as amended 2015, Article 92 )
Is scoring criteria published? Yes. Simultaneously with publishing the invitation to bid, contracting authority has to post tender documents on the Public Procurement Portal as well as on its website. Contracting authority shall publish in call for competition and tender documents the same criterion and elements of the criterion for awarding contract. ( Public Procurement Law as amended 2015, Articles 84, 85, 61, 62)
Are decisions always made by a committee? No. Low-value public procurement, in terms of this Law, is a procurement whose estimated value does not exceed 5,000,000 dinars, whereby even the total estimated value of procurements of the same type on the annual basis does not exceed 5,000,000 dinars. Contracting authorities are not under obligation to apply the provisions of this Law to procurements whose estimated value does not exceed 500,000 dinars, if the total estimated value of procurements of the same type on the annual basis does not exceed 500,000 dinars. When conducting procurement under paragraph 2 of this Article, contracting authority shall prevent existence of any conflict of interest, ensure competition, and make sure that the contracted price does not exceed the comparable market price. Public procurement procedure is conducted by public procurement officer, or person employed on tasks of public procurement, unless the complexity of the subject matter of public procurement demands involvement of other competent persons. Contracting authority in a low-value public procurement procedure may invite the minimum of three persons, who, according to information obtained by the contracting authority, are capable of performing procurement, submitting bids and simultaneously publishes invitation to submit bids on the Public Procurement Portal and on its own web page. In individual low-value public procurement procedure whose value does not exceed the amount referred to in paragraph 2 of this Article, instead of concluding public procurement contract, the contracting authority may issue to the most advantageous bidder a purchase order if it contains essential elements of the contract. ( Public Procurement Law Article 39)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. Conflict of interests for the purpose of this Law exists when relation between the representative of the contracting authority and the bidder may impact impartiality of the contracting authority in making decision in the public procurement procedure, namely: 1) If contracting authority’s representative or to him related person is involved in bidders’ management; 2) If contracting authority’s representative or to him related person holds more than 1% of bidder’s share or stocks; 3) If contracting authority’s representative or to him related person is employed or work engaged by the bidder or has business relationship with the bidder. Persons that may be involved in conflict of interests for the specific subject matter of public procurement may not be appointed to the Committee. After making the decision, members of the Committee sign a statement confirming that they are not involved in any conflict of interest in the given public procurement. If they consider that they may be involved in a conflict of interest or if in the course of the public procurement procedure they find out that they may get into a conflict of interest, the members of the Committee notify the body that made the decision thereof without delay, which takes the necessary measures in order to avoid the occurrence of adverse consequences in the further course of the public procurement procedure. ( Public Procurement Law as amended 2015, Article 29, 54)
Is some part of evaluation committee mandatorily independent of contracting authority? No. Public procurement procedure will be conducted by public procurement committee established by contracting authority’s decision. (Public Procurement Law as amended 2015, Article 54)
Are scoring results publicly available? Yes. Contracting authority shall publish a notification on concluded public procurement contract or framework agreement within a term of five days from the day of conclusion of the contract, or the framework agreement. Contracting authority may quarterly, within a term of 15 days following the end of the quarter, publish notifications on public procurement contracts concluded pursuant to the framework agreement or in the dynamic procurement system. ( Public Procurement Law as amended 2015, Article 116)
Does the law specify under which conditions the tender can be cancelled? Yes. Contracting authority renders a decision on cancelling public procurement procedure on the grounds of the report on expert evaluation of bids, if the requirements were not met for awarding contract or for decision on concluding the framework agreement, or if requirements were not met for rendering decision on recognizing qualification. Contracting authority may cancel public procurement procedure for objective and provable reasons which could not have been foreseen at the time of initiation of the procedure and which make it impossible for initiated procedure to be completed or due to which contracting authority’s need for the relevant procurement ceased, for which reasons it shall not be repeated during the same budget year or within the next six months. Contracting authority shall explain in writing its decision to cancel the public procurement procedure, particularly stating the reasons for cancelling the procedure and instruction on legal remedy and to publish it on the Public Procurement Portal and on its web page within three days from the day of rendering such a decision. Contracting authority shall, within a term of five days from the day of finality of the decision on cancelling public procurement procedure, publish a notification on cancellation of the public procurement procedure which contains the data referred to in Appendix 3L. Contracting authority shall decide on expenses of bid preparation referred to in Article 88, paragraph 3 of this Law, in the decision on cancelling public procurement procedure. Final decision on cancelling the procedure represent an enforceable document for the purpose of expenses of bid preparation under Article 88, paragraph 3 of this Law. If certain data from the decision constitute a business secret in terms of the law governing trade secret protection or constitute secret data in terms of the law governing data secrecy, such data from the decision are not be published. In the case referred to in paragraph 7 of this Article the decision is delivered in the original form to the Public Procurement Office and the State Audit Institution. (Public Procurement Law as amended 2015, Article 109)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. Public procurement notices are published on the Public Procurement Portal and on the contracting authority’s web page. Public procurement notices estimated value of which is higher than the one of the low-value public procurement referred to in Article 39 of this Law, is also published on the Portal of Official Gazettes of the Republic of Serbia and Legislation Databases. The Government gives consent to the amount of the fee for publishing public procurement notices on the Portal of Official Gazettes of the Republic of Serbia and Legislation Databases. Where the estimated value of public procurement exceeds 250,000.000 dinars for goods and services, or 500,000.000 dinars for works, the contracting authority shall publish public procurement notice referred to in Article 55, paragraph 1, items 2) through 4) of this Law also in a foreign language commonly used in international trade in the field of the subject matter of public procurement. Contracting authority which has no web page is not under the obligation to create a web page for the sake of publishing public procurement notices. ( Public Procurement Law as amended 2015, Article 57)
Does the law specify the location for publicizing restricted calls for tenders? Yes. Public procurement notices are published on the Public Procurement Portal and on the contracting authority’s web page. Public procurement notices estimated value of which is higher than the one of the low-value public procurement referred to in Article 39 of this Law, is also published on the Portal of Official Gazettes of the Republic of Serbia and Legislation Databases. The Government gives consent to the amount of the fee for publishing public procurement notices on the Portal of Official Gazettes of the Republic of Serbia and Legislation Databases. Where the estimated value of public procurement exceeds 250,000.000 dinars for goods and services, or 500,000.000 dinars for works, the contracting authority shall publish public procurement notice referred to in Article 55, paragraph 1, items 2) through 4) of this Law also in a foreign language commonly used in international trade in the field of the subject matter of public procurement. Contracting authority which has no web page is not under the obligation to create a web page for the sake of publishing public procurement notices. ( Public Procurement Law as amended 2015, Article 57)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. Public procurement notices are published on the Public Procurement Portal and on the contracting authority’s web page. Public procurement notices estimated value of which is higher than the one of the low-value public procurement referred to in Article 39 of this Law, is also published on the Portal of Official Gazettes of the Republic of Serbia and Legislation Databases. The Government gives consent to the amount of the fee for publishing public procurement notices on the Portal of Official Gazettes of the Republic of Serbia and Legislation Databases. Where the estimated value of public procurement exceeds 250,000.000 dinars for goods and services, or 500,000.000 dinars for works, the contracting authority shall publish public procurement notice referred to in Article 55, paragraph 1, items 2) through 4) of this Law also in a foreign language commonly used in international trade in the field of the subject matter of public procurement. Contracting authority which has no web page is not under the obligation to create a web page for the sake of publishing public procurement notices. ( Public Procurement Law as amended 2015, Article 57)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 3. Contracting authority may initiate second phase of restricted procedure provided it has at least three candidates. ( Public Procurement Law as amended 2015, Article 33)
What is the minimum number of bidders for negotiated procedures? 1. negotiated procedure shall mean procedure whereby contracting authority directly negotiates elements of public procurement contract with one or more bidders; ( Public Procurement Law as amended 2015, Article 3)
What is the minimum number of bidders for competitive dialogue procedures? 3. Contracting authorities can stipulate in the call for competition and tender documents that the procedure will be conducted in several phases in order to decrease the number of solutions to be discussed through dialogues. The number of candidates in the dialogue phase cannot be less than three, unless a lower number of interested parties apply. (Public Procurement Law as amended 2015, Article 37)

Bidding period length

What are the minimum number of days for open procedures? 15. TTime limit for submission of bids in open procedure, i.e. applications in restrictive and qualifying procedures and in competitive dialogue may not be shorter than: 1) 35 days from the day of publishing invitation to submit bids, where the estimated value of public procurement exceeds the amount referred to in Article 57 of this Law; 2) 30 days from the day of publishing of the invitation to submit bids, where the estimated value of public procurement does not exceed the amount referred to in Article 57 of this Law; Time limit for submission of bids in open procedure, i.e. applications in the restrictive and qualification procedure and in competitive dialogue may not be shorter than: 1) 20 days from the day the invitation to submit bids was published, if the estimated value of public procurement exceeds the amount referred to in Article 57 of this Law and if the contracting authority published a prior notification within a term not shorter than 35 days, and no longer than 12 months prior to publication of the invitation. 2) 15 days from the day of publishing of the invitation to submit bids, where the estimated value of public procurement does not exceed the amount referred to in Article 57 of this Law and where the contracting authority published a prior notification within a term not shorter than 35 days, and no longer than 12 months prior to publishing of the invitation. ( Public Procurement Law Article 95)
What are the minimum number of days for restricted procedures? 15. Time limit for submission of bids in open procedure, i.e. applications in restrictive and qualifying procedures and in competitive dialogue may not be shorter than: 1) 35 days from the day of publishing invitation to submit bids, where the estimated value of public procurement exceeds the amount referred to in Article 57 of this Law; 2) 30 days from the day of publishing of the invitation to submit bids, where the estimated value of public procurement does not exceed the amount referred to in Article 57 of this Law; Time limit for submission of bids in open procedure, i.e. applications in the restrictive and qualification procedure and in competitive dialogue may not be shorter than: 1) 20 days from the day the invitation to submit bids was published, if the estimated value of public procurement exceeds the amount referred to in Article 57 of this Law and if the contracting authority published a prior notification within a term not shorter than 35 days, and no longer than 12 months prior to publication of the invitation. 2) 15 days from the day of publishing of the invitation to submit bids, where the estimated value of public procurement does not exceed the amount referred to in Article 57 of this Law and where the contracting authority published a prior notification within a term not shorter than 35 days, and no longer than 12 months prior to publishing of the invitation. Time limit for submission of bids in restrictive procedure may not be shorter than 20 days from the day on which contracting authority sent the invitation to candidates. (Public Procurement Law as amended 2015, Article 95, 96)
What are the minimum number of days  for competitive negotiated procedures? 15. Time limit for submission of bids in open procedure, i.e. applications in restrictive and qualifying procedures and in competitive dialogue may not be shorter than: 1) 35 days from the day of publishing invitation to submit bids, where the estimated value of public procurement exceeds the amount referred to in Article 57 of this Law; 2) 30 days from the day of publishing of the invitation to submit bids, where the estimated value of public procurement does not exceed the amount referred to in Article 57 of this Law; Time limit for submission of bids in open procedure, i.e. applications in the restrictive and qualification procedure and in competitive dialogue may not be shorter than: 1) 20 days from the day the invitation to submit bids was published, if the estimated value of public procurement exceeds the amount referred to in Article 57 of this Law and if the contracting authority published a prior notification within a term not shorter than 35 days, and no longer than 12 months prior to publication of the invitation. 2) 15 days from the day of publishing of the invitation to submit bids, where the estimated value of public procurement does not exceed the amount referred to in Article 57 of this Law and where the contracting authority published a prior notification within a term not shorter than 35 days, and no longer than 12 months prior to publishing of the invitation. Time limit for submission of final bids in competitive dialogue may not be shorter than 20 days from the day of sending the invitation to chosen candidates. ( Public Procurement Law as amended 2015, Article 95, 98)

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. e foreign currencies deliveries; 8) Procurements of notary services; 9) Procurements of services of the central bank and procurements of financial services related to the sale, purchase or transfer of securities or other financial instruments, in individual transactions of the contracting authority with the aim of raising funds or capital; 10) Purchase, development, production or co-production of radio and television program or broadcasting time; however, this Law applies to the procurement of goods, services or works necessary for production, co-production or broadcasting of such programs; 11) Procurements of services of arbitration and amicable dispute resolution; 12) Entering into employment relationship and working outside the scope of employment in terms of the law governing the rights, duties and liabilities arising from employment, i.e. arising from work, except for service contract. In the case of conclusion of service contract subject matter of which is independent execution of certain intellectual task in the field of science or education or carrying out some artistic or other activity in the field of culture, in accordance with law, and individual value of which does not exceed 12,000,000 dinars, including taxes and contributions, on an annual basis, i.e. for the contract validity period if the contract validity period exceeds one year, the provisions of this Law do not apply; 13) Loan services regardless of whether they are in connection with sale, purchase or transfer of securities or other financial instruments; 14) Legal services, and in particular: (1) Attorney’s representation services: - In the process of arbitration or amicable dispute resolution, in the country and abroad, as well as before international arbitration or international body for amicable dispute resolution; - In the proceedings before courts or other public authorities in the country and abroad or before international courts, tribunals or institutions; (2) Legal advice services provided by the attorney in preparation of procedures referred to in sub item (1) of this item, or when there is a clear indication and a strong probability that such procedure will take place; (3) Legal services provided by legal representatives or guardians or other legal services executors of which have been chosen by the court or have been designated to perform certain tasks under the court supervision; (4) Legal services connected with the exercise of official authority; 15) Obtainment or lease of land, existing buildings or other immovable property and rights associated therewith; 16) Procurements of goods and services value of which is estimated to be lower than 15,000,000 dinars, for the needs of diplomatic and consular missions, international missions and performance of other activities of the Republic of Serbia abroad, as well as to procurements of works for such needs value of which is estimated to be lower than 30,000,000 dinars; 17) Financing of performance of certain activity particularly through grants which is connected with the obligation of compensation of the funds received if they have not been used for intended purposes, if the funds are awarded to interested parties in a transparent manner under equal terms. If the procurements referred to in Art. 127 and 128 of this Law are also contained in the subject matter of procurement: 1) If the subject matter of procurement is objectively divisible - the contracting authority may conduct separate procurement procedures or award one contract: (1) Without application of this Law, if the subject matter of procurement also comprises procurements referred to in Article 128 of this Law and if awarding one contract is particularly justifiable by objective reasons and is not adopted with a view to avoid application of the provisions of this Law; (2) In the course of public procurement procedure in the field of defense and security, if the subject matter of procurement also comprises procurements referred to in Article 127 of this Law and if awarding one contract is particularly justifiable by objective reasons and is not adopted with a view to avoid application of the basic provisions of this Law; 2) If the subject matter of procurement is objectively indivisible - the contracting authority shall award the contract without application of this Law, if the subject matter of procurement also comprises procurements referred to in Article 128 of this Law, i.e. in the course of public procurement procedure in the field of defense and security, if the subject of procurement also comprises procurements referred to in Article 127 of this Law. The provisions of this Law do not apply to: 1) Procurements exempt from its application by Art. 7 and 7a of this Law; 2) Procurements that contracting authorities conduct for the purposes of performing activities in water management, energy, transport and postal services abroad, provided that it does not include the use of facilities and network within the Republic of Serbia; 3) The situation when contracting authority involved in the activity referred to in Article 118, paragraph 1, item 1) or 2) of this Law purchases potable water; 4) The situation when contracting authority involved in the activity referred to in Article 119, paragraph 1 of this Law procures: (1) Energy or (2) Fuel for energy production; 5) The situation when contracting authority procures from linked persons, or when a person which was established by contracting authorities exclusively for performing activities in water management, energy, transport or postal services procures from a person linked to one of the contracting authorities, provided that at least 80% of average revenue of the linked person in the last three years originates from the person with which it is linked; 6) The situation when a person established by multiple contracting authorities procures from its founders for the purposes of performing activity in water management, energy, transport or postal services; 7) The situation when a group of companies made up of contracting authorities in terms of the law governing companies, procures from a member of the group of companies solely for the purposes of performing activity in water management, energy, transport or postal services; 8) The situation when contracting authority procures from a group of companies whose integral part it is, provided that the group of companies was established with the aim of performing activity in water management, energy, transport and postal services, that it was established for at least a three year period, and that its founding act stipulates that contracting parties remain within it for at least three years. Provisions of this Law and bylaw in the field of defense and security do not apply to the procurements: 1) Under Article 127 of this Law, where contracts were awarded in compliance with international agreements of the Republic of Serbia concluded with another state or international organization; 2) That are necessary and exclusively aimed to the needs of intelligence activities; 3) Performed abroad, when military or police forces are deployed outside of the territory of the Republic of Serbia, if operative needs demand that the contracts are concluded with legal persons or state bodies in the area of operations; 4) Within the cooperation programs based on research and development of a new product implemented jointly by the Republic of Serbia and one or multiple states or international organizations, if applicable to the subsequent phases of the entire or partial service life of such product; 5) Where application of public procurement procedure would result in disclosure of Information deemed as key for security, pursuant to a Government’s decision. In the case under paragraph 1, item 4) of this Article, the competent ministry, i.e. competent state body shall submit a report to the Government on implementation of the cooperation program. Procurements with a view to eliminating the consequences of disasters and accidents to which this Law does not apply are procurements performed in order to ensure basic living conditions during and immediately after the occurrence of disaster and accident, in accordance with Article 7, paragraph 1, item 3) of this Law. Procurements referred to in paragraph 1 of this Article are procurements of goods, services or works relating to: 1) Evacuation, i.e. relocation of people and animals, as well as material and cultural property, government bodies, companies and other legal entities, from endangered territory to a danger free territory, i.e. to the one that provides conditions for living and protection; 2) Providing emergency accommodation and emergency accommodation in suitable facilities; providing health care to sick persons or those injured in natural disaster; 3) Supplying of foodstuffs, drinking water, clothing, footwear, medicines and other items, i.e. means, to endangered and affected population, reunification of separated families, psychological support and creation of other living conditions; 4) Implementation of sanitary and hygienic conditions and sanitary and technical measures on the terrain, in a dwelling and buildings, with a view to preventing outbreaks of contagious diseases, epidemics and other harmful consequences for population and material property; 5) Removal, identification and immediate burial of killed, i.e. deceased, removal of animal corpses, pest control, decontamination and remediation of facilities and terrain; 6) Conducting appropriate actions and procedures for scanning the ruins, finding persons buried under rubble, securing the damaged and relocated parts of structures of buildings and facilities in order to prevent subsequent collapse, rescuing the buried under rubble, i.e. their removal outside of the zone of collapse, measures of first aid and emergency medical assistance, as well as other measures contributing to protection and rescue from rubble; 7) Undertaking measures for preserving resources essential to survival of facilities for water supply, maintaining the required volume of agricultural and other production and survival of plant and animal fund through provision and preservation of the required quantities and types of resources necessary for the lives of the inhabitants, as well as cultural and historical, material and other essential resources; 8) Providing transportation and crossing over rivers and lakes, finding and pulling out the victims and drowned, removing water from flooded facilities and surfaces around facilities; 9) Undertaking urgent measures in order to prevent or delay water outflow from the riverbed in populated areas and flooding of residential facilities (placing bags of sand, cleaning of drainage canals etc.); 10) Undertaking other similar activities in order to ensure protection of life and health of vulnerable populations and animals, as well as for protection of material and cultural resources, in accordance with the regulations on protection against natural disasters and other accidents. ( Public Procurement Law as amended 2015, Article 6a, 7, 122, 127, 128, 131e)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. Contracting authority in terms of this Law means: 1) Government body, body of the autonomous province and local government body; 2) Legal person established with the aim of satisfying the needs of the public interest, which do not have an industrial or trade character, if any of the following conditions is met: (1) That over 50% is financed from the contracting authority’s funds; (2) That the contracting authority monitors the operation of that legal person; (3) That more than a half of members of such legal person’s monitoring body or managing body are appointed by the contracting authority. ( Public Procurement Law as amended 2015, Articles 2)
Does the law specify the main procedure types or procurement methods permitted? Yes. Public procurement procedures are as follows: 1) open procedure; 2) restricted procedure; 3) qualification procedure; 4) negotiated procedure with invitation to bid; 5) negotiated procedure without invitation to bid; 6) competitive dialogue; 7) design contest; 8) low-value public procurement procedure. ( Public Procurement Law as amended 2015, Articles 31)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. The Republic Commission for the Protection of Rights in Public Procurement Procedures is first instance and their decisions are final (without right to appeal), but this final decisions can be reviewed in front of the Administrative court ( Public Procurement Law as amended 2015, Article 138,139, 158 and 159)
Is there a procurement regulatory body dedicated to public procurement? Yes. The Public Procurement Office is a special organization which monitors the application of this Law, adopts bylaws and performs professional activities in the area of public procurement, monitors the conducting of public procurement procedures, controls the use of certain procedures, runs the Public Procurement Portal, prepares reports on public procurements, proposes measures for improvement of public procurement system, provides professional assistance to contracting authorities and bidders, contributes to the creation of conditions for economic, efficient and transparent use of public funds in public procurement procedures. (Public Procurement Law as amended 2015, Articles 135 and 136, )
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? Yes. Public procurement officer: Contracting authority shall define, in its bylaw on job classification, the position within which will be performed tasks in public procurement activities. Contracting authority whose overall annual value of planned public procurements exceeds the 21000000 dinars must have at least one public procurement officer. A public procurement officer is person trained to perform public procurement tasks. The Public Procurement Office determines the manner and the program for professional training and examination for public procurement officers. Contracting authority shall make it possible for person performing public procurement tasks to pass the exam for public procurement officer within three months from the day of employment, or the day when the conditions are met. ( Public Procurement Law as amended 2015, Article 134)
Is disclosure of final, beneficial owners required for placing a bid? No. This is not prescribed as requered condition with Public procurement law. ( Public Procurement Law as amended 2015, Article 75)

Complaints

Is there a fee for arbitration procedure? Yes. Claimant of the request for protection of rights shall pay a fee to a specified account of the budget of the Republic of Serbia, in the amount of: 1) RSD 60,000 in low-value public procurement procedure and negotiating procedure without publishing invitation to bid; 2) RSD 120,000 if the request for protection of rights is filed before opening of bids and if the estimated value does not exceed RSD 120,000,000; 3) RSD 250,000 if the request for protection of rights is filed before opening of bids and if the estimated value exceeds RSD 120,000,000; 4) RSD 120,000 if the request for protection of rights is filed after opening of bids and if the estimated value does not exceed RSD 120,000,000; 5) RSD 120,000 if the request for protection of rights is filed after opening of bids and if the sum of the estimated values of all disputed lots does not exceed RSD 120,000,000, provided that procurement is formulated in lots; 6) 0.1% of the estimated value of public procurement, i.e. price offered by the bidder to whom the contract was awarded, if the request for protection of rights is filed after opening of bids and if that value exceeds RSD 120,000,000; 7) 0.1% of the sum of the estimated values of all disputed lots of public procurement, i.e. price offered by the bidders to whom contracts were awarded, if the request for the protection of rights is filed after opening of bids and if that value exceeds RSD 120,000,000. (Public Procurement Law as amended 2015, Articles 156 )
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. In case of filed request for the protection of rights the contracting authority may not adopt a decision on awarding contract, decision on concluding framework agreement, decision on recognizing qualification and decision on cancelling the procedure, nor can it conclude a public procurement contract before adopting decision on the submitted request for the protection of rights, except in case of negotiating procedure ( Public Procurement Law as amended 2015, Article 150)
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? 20. The Republic Commission shall issue a decision on the request for the protection of rights within a term of 20 days from the day of the receipt of full documentation needed to establish the facts and to decide. Time limit referred to in paragraph 1 of this Article, exceptionally, in particularly justifiable cases, may be extended for 15 days, whereof the claimant and the contracting authority are notified, together with explanation for extension of the time limit. The Republic Commission shall deliver the above named decision to contracting authority, claimant and the selected bidder, within a term of five days from the day of adoption. ( Public Procurement Law as amended 2015, Article 158)
Is there a requirement to publicly release arbitration court decisions ? Yes. Immediately after being delivered to parties in the procedure, the decision of the Republic Commission is published on the internet page of the Republic Commission and on the Public Procurement Portal. Contracting authority shall notify all participants in the procedure of the adopted decision of the (Public Procurement Law as amended 2015, Article 158)

Qualitative data for 2017


Legislation

Law on Public Procurement 2012 as at 31 December 2014 (Serbian)pdf
Decreee on procedures in public procurement in defence sector as at 31 December 2014 (Serbian)pdf
Law on Public Procurement 2012 amended 2015 (English)pdf