EUROPAM

European Public Accountability Mechanisms

Serbia

Country score (European Average*)
  • 83(66) Political Financing
  • 89(53) Financial Disclosure
  • 63(37) Conflict of Interest
  • 80(59) Freedom of Information
  • 57(62) 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

20122015201620172020Trend
Bans and limits on private income9494949494
Public funding7588888888
Regulations on spending5050505050
Reporting, oversight and sanctions100100100100100

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))

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

*Last update: 2017


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

20122015201620172020Trend
Disclosure items9393939396
Filing frequency7575757575
Sanctions100100100100100
Monitoring and Oversight100100100100100
Public access to declarations10075757575

Alternative Metric

20122015201620172020Trend
Head of State9489898989
Ministers9489898989
Members of Parliament9489898989
Civil servants9489898989

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. Declaration report shall contain information on assets and income of his/her spouse or common law partner, as well as those of his/her underaged children if they live in the same family household, as at the day of election, appointment or nominationt. (Article 68, Law on Corruption Prevention (2019))
Income and Assets
Real estate Yes. Declaration report shall contain information on permanent and temporary residence, the right to use an apartment for official purposes and the right of ownership or the right of lease on real property (Article 71, Law on Corruption Prevention (2019))
Movable assets Yes. Disclosure report shall contain information concerning 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 71, Law on Corruption Prevention (2019))
Cash Yes. Disclosure report shall contain concerning property and income, including deposits in banks and other financial organisations, at home and abroad (Article 71, Law on Corruption Prevention (2019))
Loans and Debts Yes. Disclosure report shall contain information that includes receivables and payables (principal, interest and period of repayment and maturity); (Article 71, Law on Corruption Prevention (2019))
Income from outside employment/assets Yes. Disclosure report sahall contain information that includes source and amount of income from source and amount of net income the public official receives because s/he is discharging a public office and the source and amount of other net income s/he receives from the Budget and other public sources; source and amount of net income from other work or business activity; net income from scientific research, teaching, cultural, artistic, humanitarian or sports activities; income from copyright, patent and other intellectual property rights; source and amount of other net income; (Article 71, Law on Corruption Prevention (2019))
Incompatibilities
Gifts received as a public official Yes. Received occasional and protocol gifts shall become public property, in accordance with the law governing public property. Within eight days from the day of receiving an occasional or protocol gift and/or returning to the country, the public official shall hand over the gift to the public authority in which s/he discharges public office, and the public authority shall hand over the gift to the authority in charge of dealing with items that constitute public property. Exceptionally, a public official and his/her family member shall be entitled to retain a protocol or occasional gift whose value does not exceed 10% of the average monthly salary without taxes and contributions in the Republic of Serbia; the total value of gifts retained in the course of one calendar year cannot exceed the amount of one average monthly salary without taxes and contributions in the Republic of Serbia. Gifts retained by family members shall be included in the total value of the gifts a public official has retained within one calendar year. (Articles 59 and 60, Law on Corruption Prevention (2019))
Ownership of state-owned enterprises (SOEs) Yes. Disclosure report shall contain information that includes shares and stakes in legal persons; data on legal persons if the public official holds there more than 3% of stakes or shares (Article 71, Law on Corruption Prevention (2019))
Holding government contracts Yes. Public officials have to disclose within 3 days if a company of which they or their family members own a share greater than 20% participates in a procedure that would end with the signing of a government contract. (Article 53, Law on Corruption Prevention (2019))
Board member, advisor, or company officer of private firm Yes. At the request of a public official the Agency may give consent to a public official to perform other work and/or business activity. Along with the request, the public official shall submit a positive opinion of the authority that had elected, appointed or nominated him/her to the public office. An appointed civil servant is obliged to submit, along with the request, the consent of his/her immediate superior. The Agency shall decide on a complete and properly filed request within 15 days from the day of its receipt. (Article 46, Law on Corruption Prevention (2019))
Post-employment Yes. Prior to establishing an employment relationship and/or business cooperation referred to in paragraph 1 of this Article, a person whose public office has ceased shall request the consent of the Agency, which is obliged to decide on the request within 30 days. (Article 55, Law on Corruption Prevention (2019))
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 71, Law on Corruption Prevention (2019))
Participating in official decision-making processes that affect private interests Yes. On taking office and in the course of discharging public office, a public official shall notify in writing, without delay and no later than within a period of five days, his/her immediate superior and the Agency regarding any doubts concerning the existence of a conflict of interest, or his/her conflict of interest, or that of an associated person. (Article 42, Law on Corruption Prevention (2019))
Concurrent employment of family members in public sector No. Absent from legal framework. (General)

Filing frequency

Filing required upon taking office Yes. Report must be filed within 30 days of taking the office (Article 68, Law on Corruption Prevention (2019))
Filing required upon leaving office Yes. Report must be filed within 30 days of leaving the office (Article 68, Law on Corruption Prevention (2019))
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 when there is a change to the structure of said assets. (Articles 69, Law on Corruption Prevention (2019))
Ad hoc filing required upon change in assets or conflicts of interest Yes. On taking office and in the course of discharging public office, a public official shall notify in writing, without delay and no later than within a period of five days, his/her immediate superior and the Agency regarding any doubts concerning the existence of a conflict of interest, or his/her conflict of interest, or that of an associated person. (Article 42, Law on Corruption Prevention (2019))

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 103, Law on Corruption Prevention (2019))
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 101, Law on Corruption Prevention (2019))
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 101, Law on Corruption Prevention (2019))

Monitoring and Oversight

Depository body explicitly identified Yes. The Agency shall maintain the following records: 1) Register of Public Officials; 2) Register of Assets and Income of Public Officials; 3) Record of legal persons in which public officials or their family members have stakes or shares of more than 20%, that are participating in public procurement, privatisation or other procedures whose outcome is the conclusion of a contract with a public authority-budget user or another legal person in which more than 20% of the capital is owned by the Republic of Serbia, the autonomous province, a local self-government unit and a city municipality; 4) Catalog of Gifts. (Articles 100, Law on Corruption Prevention (2019))
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 6, Law on Corruption Prevention (2019))
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 75, Law on Corruption Prevention (2019))
Some agency assigned responsibility for verifying accuracy Yes. The Anti-Corruption Agency checks due filing of Report and accuracy and completeness of information. (Article 75, Law on Corruption Prevention (2019))

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 66 and 67, Law on Corruption Prevention (2019))
Timing of information release specified Yes. The catalogue of gifts will be published by 1 June for the previous year. (Article 66, Law on Corruption Prevention (2019))
Location(s) of access specified Yes. Public information will be posted on the Anti-Corruption Agency's web site. Once three years have elapsed from the termination of public office, data from the records, with the exception of those from the Catalog of Gifts, shall no longer be published on the website of the Agency. (Article 100, Law on Corruption Prevention (2019))
Cost of access specified No. ů (General)

Ministers

Disclosure items

Spouses and children included in disclosure Yes. Declaration report shall contain information on assets and income of his/her spouse or common law partner, as well as those of his/her underaged children if they live in the same family household, as at the day of election, appointment or nominationt. (Article 68, Law on Corruption Prevention (2019))
Income and Assets
Real estate Yes. Declaration report shall contain information on permanent and temporary residence, the right to use an apartment for official purposes and the right of ownership or the right of lease on real property (Article 71, Law on Corruption Prevention (2019))
Movable assets Yes. Disclosure report shall contain information concerning 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 71, Law on Corruption Prevention (2019))
Cash Yes. Disclosure report shall contain concerning property and income, including deposits in banks and other financial organisations, at home and abroad (Article 71, Law on Corruption Prevention (2019))
Loans and Debts Yes. Disclosure report shall contain information that includes receivables and payables (principal, interest and period of repayment and maturity); (Article 71, Law on Corruption Prevention (2019))
Income from outside employment/assets Yes. Disclosure report sahall contain information that includes source and amount of income from source and amount of net income the public official receives because s/he is discharging a public office and the source and amount of other net income s/he receives from the Budget and other public sources; source and amount of net income from other work or business activity; net income from scientific research, teaching, cultural, artistic, humanitarian or sports activities; income from copyright, patent and other intellectual property rights; source and amount of other net income; (Article 71, Law on Corruption Prevention (2019))
Incompatibilities
Gifts received as a public official Yes. Received occasional and protocol gifts shall become public property, in accordance with the law governing public property. Within eight days from the day of receiving an occasional or protocol gift and/or returning to the country, the public official shall hand over the gift to the public authority in which s/he discharges public office, and the public authority shall hand over the gift to the authority in charge of dealing with items that constitute public property. Exceptionally, a public official and his/her family member shall be entitled to retain a protocol or occasional gift whose value does not exceed 10% of the average monthly salary without taxes and contributions in the Republic of Serbia; the total value of gifts retained in the course of one calendar year cannot exceed the amount of one average monthly salary without taxes and contributions in the Republic of Serbia. Gifts retained by family members shall be included in the total value of the gifts a public official has retained within one calendar year. (Articles 59 and 60, Law on Corruption Prevention (2019))
Ownership of state-owned enterprises (SOEs) Yes. Disclosure report shall contain information that includes shares and stakes in legal persons; data on legal persons if the public official holds there more than 3% of stakes or shares (Article 71, Law on Corruption Prevention (2019))
Holding government contracts Yes. Public officials have to disclose within 3 days if a company of which they or their family members own a share greater than 20% participates in a procedure that would end with the signing of a government contract. (Article 53, Law on Corruption Prevention (2019))
Board member, advisor, or company officer of private firm Yes. At the request of a public official the Agency may give consent to a public official to perform other work and/or business activity. Along with the request, the public official shall submit a positive opinion of the authority that had elected, appointed or nominated him/her to the public office. An appointed civil servant is obliged to submit, along with the request, the consent of his/her immediate superior. The Agency shall decide on a complete and properly filed request within 15 days from the day of its receipt. (Article 46, Law on Corruption Prevention (2019))
Post-employment Yes. Prior to establishing an employment relationship and/or business cooperation referred to in paragraph 1 of this Article, a person whose public office has ceased shall request the consent of the Agency, which is obliged to decide on the request within 30 days. (Article 55, Law on Corruption Prevention (2019))
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 71, Law on Corruption Prevention (2019))
Participating in official decision-making processes that affect private interests Yes. On taking office and in the course of discharging public office, a public official shall notify in writing, without delay and no later than within a period of five days, his/her immediate superior and the Agency regarding any doubts concerning the existence of a conflict of interest, or his/her conflict of interest, or that of an associated person. (Article 42, Law on Corruption Prevention (2019))
Concurrent employment of family members in public sector No. Absent from legal framework. (General)

Filing frequency

Filing required upon taking office Yes. Report must be filed within 30 days of taking the office (Article 68, Law on Corruption Prevention (2019))
Filing required upon leaving office Yes. Report must be filed within 30 days of leaving the office (Article 68, Law on Corruption Prevention (2019))
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 when there is a change to the structure of said assets. (Articles 69, Law on Corruption Prevention (2019))
Ad hoc filing required upon change in assets or conflicts of interest Yes. On taking office and in the course of discharging public office, a public official shall notify in writing, without delay and no later than within a period of five days, his/her immediate superior and the Agency regarding any doubts concerning the existence of a conflict of interest, or his/her conflict of interest, or that of an associated person. (Article 42, Law on Corruption Prevention (2019))

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 103, Law on Corruption Prevention (2019))
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 101, Law on Corruption Prevention (2019))
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 101, Law on Corruption Prevention (2019))

Monitoring and Oversight

Depository body explicitly identified Yes. The Agency shall maintain the following records: 1) Register of Public Officials; 2) Register of Assets and Income of Public Officials; 3) Record of legal persons in which public officials or their family members have stakes or shares of more than 20%, that are participating in public procurement, privatisation or other procedures whose outcome is the conclusion of a contract with a public authority-budget user or another legal person in which more than 20% of the capital is owned by the Republic of Serbia, the autonomous province, a local self-government unit and a city municipality; 4) Catalog of Gifts. (Articles 100, Law on Corruption Prevention (2019))
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 6, Law on Corruption Prevention (2019))
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 75, Law on Corruption Prevention (2019))
Some agency assigned responsibility for verifying accuracy Yes. The Anti-Corruption Agency checks due filing of Report and accuracy and completeness of information. (Article 75, Law on Corruption Prevention (2019))

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 66 and 67, Law on Corruption Prevention (2019))
Timing of information release specified Yes. The catalogue of gifts will be published by 1 June for the previous year. (Article 66, Law on Corruption Prevention (2019))
Location(s) of access specified Yes. Public information will be posted on the Anti-Corruption Agency's web site. Once three years have elapsed from the termination of public office, data from the records, with the exception of those from the Catalog of Gifts, shall no longer be published on the website of the Agency. (Article 100, Law on Corruption Prevention (2019))
Cost of access specified No. ů (General)

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. Declaration report shall contain information on assets and income of his/her spouse or common law partner, as well as those of his/her underaged children if they live in the same family household, as at the day of election, appointment or nominationt. (Article 68, Law on Corruption Prevention (2019))
Income and Assets
Real estate Yes. Declaration report shall contain information on permanent and temporary residence, the right to use an apartment for official purposes and the right of ownership or the right of lease on real property (Article 71, Law on Corruption Prevention (2019))
Movable assets Yes. Disclosure report shall contain information concerning 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 71, Law on Corruption Prevention (2019))
Cash Yes. Disclosure report shall contain concerning property and income, including deposits in banks and other financial organisations, at home and abroad (Article 71, Law on Corruption Prevention (2019))
Loans and Debts Yes. Disclosure report shall contain information that includes receivables and payables (principal, interest and period of repayment and maturity); (Article 71, Law on Corruption Prevention (2019))
Income from outside employment/assets Yes. Disclosure report sahall contain information that includes source and amount of income from source and amount of net income the public official receives because s/he is discharging a public office and the source and amount of other net income s/he receives from the Budget and other public sources; source and amount of net income from other work or business activity; net income from scientific research, teaching, cultural, artistic, humanitarian or sports activities; income from copyright, patent and other intellectual property rights; source and amount of other net income; (Article 71, Law on Corruption Prevention (2019))
Incompatibilities
Gifts received as a public official Yes. Received occasional and protocol gifts shall become public property, in accordance with the law governing public property. Within eight days from the day of receiving an occasional or protocol gift and/or returning to the country, the public official shall hand over the gift to the public authority in which s/he discharges public office, and the public authority shall hand over the gift to the authority in charge of dealing with items that constitute public property. Exceptionally, a public official and his/her family member shall be entitled to retain a protocol or occasional gift whose value does not exceed 10% of the average monthly salary without taxes and contributions in the Republic of Serbia; the total value of gifts retained in the course of one calendar year cannot exceed the amount of one average monthly salary without taxes and contributions in the Republic of Serbia. Gifts retained by family members shall be included in the total value of the gifts a public official has retained within one calendar year. (Articles 59 and 60, Law on Corruption Prevention (2019))
Ownership of state-owned enterprises (SOEs) Yes. Disclosure report shall contain information that includes shares and stakes in legal persons; data on legal persons if the public official holds there more than 3% of stakes or shares (Article 71, Law on Corruption Prevention (2019))
Holding government contracts Yes. Public officials have to disclose within 3 days if a company of which they or their family members own a share greater than 20% participates in a procedure that would end with the signing of a government contract. (Article 53, Law on Corruption Prevention (2019))
Board member, advisor, or company officer of private firm Yes. At the request of a public official the Agency may give consent to a public official to perform other work and/or business activity. Along with the request, the public official shall submit a positive opinion of the authority that had elected, appointed or nominated him/her to the public office. An appointed civil servant is obliged to submit, along with the request, the consent of his/her immediate superior. The Agency shall decide on a complete and properly filed request within 15 days from the day of its receipt. (Article 46, Law on Corruption Prevention (2019))
Post-employment Yes. Prior to establishing an employment relationship and/or business cooperation referred to in paragraph 1 of this Article, a person whose public office has ceased shall request the consent of the Agency, which is obliged to decide on the request within 30 days. (Article 55, Law on Corruption Prevention (2019))
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 71, Law on Corruption Prevention (2019))
Participating in official decision-making processes that affect private interests Yes. On taking office and in the course of discharging public office, a public official shall notify in writing, without delay and no later than within a period of five days, his/her immediate superior and the Agency regarding any doubts concerning the existence of a conflict of interest, or his/her conflict of interest, or that of an associated person. (Article 42, Law on Corruption Prevention (2019))
Concurrent employment of family members in public sector No. Absent from legal framework. (General)

Filing frequency

Filing required upon taking office Yes. Report must be filed within 30 days of taking the office (Article 68, Law on Corruption Prevention (2019))
Filing required upon leaving office Yes. Report must be filed within 30 days of leaving the office (Article 68, Law on Corruption Prevention (2019))
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 when there is a change to the structure of said assets. (Articles 69, Law on Corruption Prevention (2019))
Ad hoc filing required upon change in assets or conflicts of interest Yes. On taking office and in the course of discharging public office, a public official shall notify in writing, without delay and no later than within a period of five days, his/her immediate superior and the Agency regarding any doubts concerning the existence of a conflict of interest, or his/her conflict of interest, or that of an associated person. (Article 42, Law on Corruption Prevention (2019))

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 103, Law on Corruption Prevention (2019))
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 101, Law on Corruption Prevention (2019))
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 101, Law on Corruption Prevention (2019))

Monitoring and Oversight

Depository body explicitly identified Yes. The Agency shall maintain the following records: 1) Register of Public Officials; 2) Register of Assets and Income of Public Officials; 3) Record of legal persons in which public officials or their family members have stakes or shares of more than 20%, that are participating in public procurement, privatisation or other procedures whose outcome is the conclusion of a contract with a public authority-budget user or another legal person in which more than 20% of the capital is owned by the Republic of Serbia, the autonomous province, a local self-government unit and a city municipality; 4) Catalog of Gifts. (Articles 100, Law on Corruption Prevention (2019))
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 6, Law on Corruption Prevention (2019))
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 75, Law on Corruption Prevention (2019))
Some agency assigned responsibility for verifying accuracy Yes. The Anti-Corruption Agency checks due filing of Report and accuracy and completeness of information. (Article 75, Law on Corruption Prevention (2019))

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 66 and 67, Law on Corruption Prevention (2019))
Timing of information release specified Yes. The catalogue of gifts will be published by 1 June for the previous year. (Article 66, Law on Corruption Prevention (2019))
Location(s) of access specified Yes. Public information will be posted on the Anti-Corruption Agency's web site. Once three years have elapsed from the termination of public office, data from the records, with the exception of those from the Catalog of Gifts, shall no longer be published on the website of the Agency. (Article 100, Law on Corruption Prevention (2019))
Cost of access specified No. ů (General)

Civil servants

Disclosure items

Spouses and children included in disclosure Yes. Declaration report shall contain information on assets and income of his/her spouse or common law partner, as well as those of his/her underaged children if they live in the same family household, as at the day of election, appointment or nominationt. (Article 68, Law on Corruption Prevention (2019))
Income and Assets
Real estate Yes. Declaration report shall contain information on permanent and temporary residence, the right to use an apartment for official purposes and the right of ownership or the right of lease on real property (Article 71, Law on Corruption Prevention (2019))
Movable assets Yes. Disclosure report shall contain information concerning 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 71, Law on Corruption Prevention (2019))
Cash Yes. Disclosure report shall contain concerning property and income, including deposits in banks and other financial organisations, at home and abroad (Article 71, Law on Corruption Prevention (2019))
Loans and Debts Yes. Disclosure report shall contain information that includes receivables and payables (principal, interest and period of repayment and maturity); (Article 71, Law on Corruption Prevention (2019))
Income from outside employment/assets Yes. Disclosure report sahall contain information that includes source and amount of income from source and amount of net income the public official receives because s/he is discharging a public office and the source and amount of other net income s/he receives from the Budget and other public sources; source and amount of net income from other work or business activity; net income from scientific research, teaching, cultural, artistic, humanitarian or sports activities; income from copyright, patent and other intellectual property rights; source and amount of other net income; (Article 71, Law on Corruption Prevention (2019))
Incompatibilities
Gifts received as a public official Yes. Received occasional and protocol gifts shall become public property, in accordance with the law governing public property. Within eight days from the day of receiving an occasional or protocol gift and/or returning to the country, the public official shall hand over the gift to the public authority in which s/he discharges public office, and the public authority shall hand over the gift to the authority in charge of dealing with items that constitute public property. Exceptionally, a public official and his/her family member shall be entitled to retain a protocol or occasional gift whose value does not exceed 10% of the average monthly salary without taxes and contributions in the Republic of Serbia; the total value of gifts retained in the course of one calendar year cannot exceed the amount of one average monthly salary without taxes and contributions in the Republic of Serbia. Gifts retained by family members shall be included in the total value of the gifts a public official has retained within one calendar year. (Articles 59 and 60, Law on Corruption Prevention (2019))
Ownership of state-owned enterprises (SOEs) Yes. Disclosure report shall contain information that includes shares and stakes in legal persons; data on legal persons if the public official holds there more than 3% of stakes or shares (Article 71, Law on Corruption Prevention (2019))
Holding government contracts Yes. Public officials have to disclose within 3 days if a company of which they or their family members own a share greater than 20% participates in a procedure that would end with the signing of a government contract. (Article 53, Law on Corruption Prevention (2019))
Board member, advisor, or company officer of private firm Yes. At the request of a public official the Agency may give consent to a public official to perform other work and/or business activity. Along with the request, the public official shall submit a positive opinion of the authority that had elected, appointed or nominated him/her to the public office. An appointed civil servant is obliged to submit, along with the request, the consent of his/her immediate superior. The Agency shall decide on a complete and properly filed request within 15 days from the day of its receipt. (Article 46, Law on Corruption Prevention (2019))
Post-employment Yes. Prior to establishing an employment relationship and/or business cooperation referred to in paragraph 1 of this Article, a person whose public office has ceased shall request the consent of the Agency, which is obliged to decide on the request within 30 days. (Article 55, Law on Corruption Prevention (2019))
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 71, Law on Corruption Prevention (2019))
Participating in official decision-making processes that affect private interests Yes. On taking office and in the course of discharging public office, a public official shall notify in writing, without delay and no later than within a period of five days, his/her immediate superior and the Agency regarding any doubts concerning the existence of a conflict of interest, or his/her conflict of interest, or that of an associated person. (Article 42, Law on Corruption Prevention (2019))
Concurrent employment of family members in public sector No. Absent from legal framework. (General)

Filing frequency

Filing required upon taking office Yes. Report must be filed within 30 days of taking the office (Article 68, Law on Corruption Prevention (2019))
Filing required upon leaving office Yes. Report must be filed within 30 days of leaving the office (Article 68, Law on Corruption Prevention (2019))
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 when there is a change to the structure of said assets. (Articles 69, Law on Corruption Prevention (2019))
Ad hoc filing required upon change in assets or conflicts of interest Yes. On taking office and in the course of discharging public office, a public official shall notify in writing, without delay and no later than within a period of five days, his/her immediate superior and the Agency regarding any doubts concerning the existence of a conflict of interest, or his/her conflict of interest, or that of an associated person. (Article 42, Law on Corruption Prevention (2019))

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 103, Law on Corruption Prevention (2019))
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 101, Law on Corruption Prevention (2019))
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 101, Law on Corruption Prevention (2019))

Monitoring and Oversight

Depository body explicitly identified Yes. The Agency shall maintain the following records: 1) Register of Public Officials; 2) Register of Assets and Income of Public Officials; 3) Record of legal persons in which public officials or their family members have stakes or shares of more than 20%, that are participating in public procurement, privatisation or other procedures whose outcome is the conclusion of a contract with a public authority-budget user or another legal person in which more than 20% of the capital is owned by the Republic of Serbia, the autonomous province, a local self-government unit and a city municipality; 4) Catalog of Gifts. (Articles 100, Law on Corruption Prevention (2019))
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 6, Law on Corruption Prevention (2019))
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 75, Law on Corruption Prevention (2019))
Some agency assigned responsibility for verifying accuracy Yes. The Anti-Corruption Agency checks due filing of Report and accuracy and completeness of information. (Article 75, Law on Corruption Prevention (2019))

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 66 and 67, Law on Corruption Prevention (2019))
Timing of information release specified Yes. The catalogue of gifts will be published by 1 June for the previous year. (Article 66, Law on Corruption Prevention (2019))
Location(s) of access specified Yes. Public information will be posted on the Anti-Corruption Agency's web site. Once three years have elapsed from the termination of public office, data from the records, with the exception of those from the Catalog of Gifts, shall no longer be published on the website of the Agency. (Article 100, Law on Corruption Prevention (2019))
Cost of access specified No. ů (General)

Legislation

Law on Prevention of Corruption of 2019_SER (Serbian)pdf

*Last update: 2017


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

20122015201620172020Trend
Restrictions8585858585
Sanctions6767676767
Monitoring and Oversight3875757538

Alternative Metric

20122015201620172020Trend
Head of State6952525269
Ministers6986868669
Members of Parliament6682828266
Civil servants4982828249

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 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. (Article 27 of the Law on the Anti-Corruption Agency (2008))
Accepting gifts Yes. Gifts the President is restricted from receiving is clearly specified. (Articles 2 and 39 of the Law on the Anti-Corruption Agency (2008) )
Private firm ownership and/or stock holdings Yes. The President must transfer managerial control of companies he owns to an unrelated person. Furthermore, the President will provide proof he has transferred managerial control of companies he owns. (Articles 35, 43, 46 of the Law on the Anti-Corruption Agency (2008))
Ownership of state-owned enterprises (SOEs) Yes. The President must transfer managerial control of companies he owns to an unrelated person. Furthermore, the President will provide proof he has transferred managerial control of companies he owns. (Articles 35, 43, 46 of the Law on the Anti-Corruption Agency (2008))
Holding government contracts Yes. The President may not perform another public function or professional activity. (Article 9 of the Law on the President (2007))
Board member, advisor, or company officer of private firm Yes. The President may not perform another public function or professional activity. (Article 115 of the Constitution (2006) Article 9 of the Law on the President (2007))
Post-employment Yes. The duration of provisions is two years. (Article 44 of the Law on the Anti-Corruption Agency (2008))
Simultaneously holding policy-making position and policy-executing position Yes. The President may not perform another public function or professional activity. Officials may hold only one public office. (Article 115 of the Constitution (2006) Article 9 of the Law on the President (2007) Article 28 of the Law on the Anti-Corruption Agency (2008))
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
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 Law on the Anti-Corruption Agency (2008))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. An official must pay any material gains from unauthorized additional public offices, jobs or activities into the budget of the Republic of Serbia. An official shall be fined from 10,000 to 50,000 dinars for 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. (Article 55 of the Law on the Anti-Corruption Agency (2008),)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Violations of the law can be punished with measures of caution and public recommendation for dismissal. An official responsible for 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, can be banned from specific jobs for up to one year. (Articles 51 & 74 of the Law on the Anti-Corruption Agency (2008))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) Yes. The Anti-Corruption Agency institutes proceedings and pronounces measures for violation of the Law, and rules on conflict of interest (Article 5 of the Law on the Anti-Corruption Agency (2008))

Ministers

Restrictions

General restriction on conflict of interest Yes. 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. (Article 27 of the Law on the Anti-Corruption Agency (2008))
Accepting gifts Yes. General (Articles 2 and 39 of the Law on the Anti-Corruption Agency (2008))
Private firm ownership and/or stock holdings Yes. Members of the government must transfer managerial control of companies they own to an unrelated person. (Article 35 of the Law on the Anti-Corruption Agency (2008))
Ownership of state-owned enterprises (SOEs) Yes. Members of the government must transfer managerial control of companies they own to an unrelated person. (Article 35 of the Law on the Anti-Corruption Agency (2008))
Holding government contracts Yes. General (Article 11.1 of the Law on the Government (2005))
Board member, advisor, or company officer of private firm Yes. Officials are prohibited from holding managing posts in commercial companies, institutions, and other legal entities. (Article 33 of the Law on the Anti-Corruption Agency (2008))
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 organization engaged in activity relating to the office the official held, except under approval of the Agency. (Article 38 of the Law on the Anti-Corruption Agency (2008))
Simultaneously holding policy-making position and policy-executing position Yes. A member of government may not have another public office, unless they receive permission from the Anti-Corruption Agency. (Article 11 of the Law on the Government (2005) Article 28 of the Law on the Anti-Corruption Agency (2008))
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
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 Law on the Anti-Corruption Agency (2008))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. An official must pay any material gains from unauthorized additional public offices, jobs or activities into the budget of the Republic of Serbia. An official shall be fined from 10,000 to 50,000 dinars for 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 Law on the Anti-Corruption Agency (2008))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Violations of the law can be punished with measures of caution and public recommendation for dismissal. An official responsible for 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, can be banned from specific jobs for up to one year. (Article 51s & 74 of the Law on the Anti-Corruption Agency (2008))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) Yes. The Anti-Corruption Agency institutes proceedings and pronounces measures for violation of the Law, and rules on conflict of interest (Article 5 of the Law on the Anti-Corruption Agency (2008))

Members of Parliament

Restrictions

General restriction on conflict of interest Yes. MP's cannot hold functions that would represent a conflict of interest by law. (Article 102 of the Constitution (2006) )
Accepting gifts Yes. Gifts members of government are restricted from receiving are clearly specified. (Articles 2 and 39 of the Law on the Anti-Corruption Agency (2008) )
Private firm ownership and/or stock holdings Yes. National deputies must transfer managerial control of companies they own to an unrelated person. (Article 35 of the Law on the Anti-Corruption Agency (2008))
Ownership of state-owned enterprises (SOEs) Yes. National deputies must transfer managerial control of companies they own to an unrelated person. (Article 35 of the Law on the Anti-Corruption Agency (2008))
Holding government contracts Yes. Officials are required to request consent from the Anti-Corruption Agency to continue other employment or occupation and relinquish other employment if the Agency determines it presents a conflict of interest. (Article 31 of the Law on the Anti-Corruption Agency (2008))
Board member, advisor, or company officer of private firm Yes. Officials are required to request consent from the Anti-Corruption Agency to continue other employment or occupation and relinquish other employment if the Agency determines it presents a conflict of interest. (Article 31 of the Law on the Anti-Corruption Agency (2008))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position Yes. National deputies cannot have legislative functions in other levels of government, or executive or judicial functions. A national deputy may not have another public office, unless they receive permission from the Anti-Corruption Agency. (Article 102 of the Constitution (2006), Article 11 of the Law on the Election of National Deputies (2000), Article 39 of the Law on the National Assembly (2010) Article 28 of the Law on the Anti-Corruption Agency (2008))
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
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 Law on the Anti-Corruption Agency (2008))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. An official must pay any material gains from unauthorized additional public offices, jobs or activities into the budget of the Republic of Serbia. An official shall be fined from 10,000 to 50,000 dinars for 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 Law on the Anti-Corruption Agency (2008))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Violations of the law can be punished with measures of caution and public recommendation for dismissal. An official responsible for 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, can be banned from specific jobs for up to one year. (Article 51s & 74 of the Law on the Anti-Corruption Agency (2008))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) Yes. The Anti-Corruption Agency institutes proceedings and pronounces measures for violation of the Law, and rules on conflict of interest (Article 5 of the Law on the Anti-Corruption Agency (2008))

Civil servants

Restrictions

General restriction on conflict of interest Yes. 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. (Article 27 of the Law on the Anti-Corruption Agency (2008))
Accepting gifts Yes. A civil servant may not accept a gift related to the performance of his duties, except a protocol or appropriate gift of small value, nor any kind of service or other benefit for himself or other persons. (Article 25 of the Law on Civil Servants (2005))
Private firm ownership and/or stock holdings Yes. Civil servants may not have management rights in a commercial entity. (Article 28 of the Law on Civil Servants (2005))
Ownership of state-owned enterprises (SOEs) Yes. Civil servants may not have management rights in a commercial entity. (Article 28 of the Law on Civil Servants (2005))
Holding government contracts Yes. Civil servants cannot compete for government contracts. The law forbids entrepreneurship and/or ownership in enterprises and civil servants cannot qualify as bidders neither through a company nor as individual entrepreneurs. (Article 44.2.1 of the Public Procurement Act (2003) Article 28.1 of the Law in Civil Servants (2005))
Board member, advisor, or company officer of private firm Yes. A civil servant may not be a director, deputy or assistant director of a legal entity, while he may be a management board member, supervisory board member, or member of another managing organ of a legal entity only if he is appointed by the Government or by another state organ. (Article 29 of the Law on Civil Servants (2005),)
Post-employment Yes. The duration of provisions is two years. (Article 25 of the Law on Civil Servants (2005))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector Yes. A civil servant may not use work in a state organ to influence the realization of his own rights or the rights of related persons. (Article 25 of the Law on Civil Servants (2005))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Serious infractions of duties from the employment relationship are accepting gifts, using public work for private benefit, undertaking unauthorized additional work or the position of a director or board member, founding a commercial society and engaging in entrepreneurship, non-tranferral of management rights in a private company, and non-declaration of conflicts of interest. For these infractions the servant may be fined 20% to 30% of the salary for full-time employment, paid in the month in which the fine is pronounced, in the duration of up to six months. (Articles 109 and 110 of the Law on Civil Servants (2005))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Serious infractions of duties from the employment relationship are accepting gifts, using public work for private benefit, undertaking unauthorized additional work or the position of a director or board member, founding a commercial society and engaging in entrepreneurship, non-tranferral of management rights in a private company, and non-declaration of conflicts of interest. For these infractions the servant may be demoted, prohibited from promotions for four years, or terminated. They may also be removed from work during the disciplinary action. (Articles 109, 110, and 116 of the Law on Civil Servants (2005))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)

Monitoring and Oversight

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

Legislation

Constitution of the Republic of Serbia of 2006 (Serbian)pdf
Presidential Act (Serbian)pdf
Law on Prevention of Corruption of 2019 (Serbian)pdf
Code of Conduct for Members of Parliament of 2020 (Serbian)pdf
Law on the National Assembly of 2010 (Serbian)pdf
Law on Civil Servants of 2005 (Serbian)pdf
Code of Conduct for Civil Servants of 2008 (Serbian)pdf
Ordinance on Gifts of Public Officials of 2020 (Serbian)pdf
Law on Employees in the Public Service of 2017 (Serbian)pdf

*Last update: 2017


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

20122015201620172020Trend
Scope and Coverage8282828282
Information access and release100100100100100
Exceptions and Overrides100100100100100
Sanctions for non-compliance3333333333
Monitoring and Oversight8383838383

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. (General)

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. (General)

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 2018)
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 2018 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 )
Maximum total response time of no more than 40 days Yes. General (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 2018 (Law on the Protection of Personal Data 2018)
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, 2018 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, 2016, amended 2018)
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, 2016, amended 2018)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. Absent from legal framework. (General)
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. (General)

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. (General)
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 )

Legislation

Constitution of the Republic of Serbia of 2006_SER (Serbian)pdf
Law on Free Access to Information of Public Importance of 2004_SER (Serbian)pdf
Law on Government of 2005_SER (Serbian)pdf
Law on Secrecy of Data of 2009_SER (Serbian)pdf
Law on the Protection of Personal Data of 2018_SER (Serbian)pdf
Law on General Administrative Procedure of 2016_SER (Serbian)pdf

*Last update: 2017


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

20122015201620172020Trend
Scope999895
Information availability10010010050
Evaluation75757544
Open competition50444456
Institutional arrangements43434343

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 1000000. The provisions of the Public Procurement Law do not apply to the procurement of goods and services whose estimated value is less than RSD 1,000,000 and the procurement of works whose estimated value is less than RSD 3,000,000. However, the principles prescribed by the Law shall be applied in a manner appropriate to the circumstances of the specific procurement. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 27 and 28)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) RSD 3000000. The provisions of the Public Procurement Law do not apply to the procurement of goods and services whose estimated value is less than RSD 1,000,000 and the procurement of works whose estimated value is less than RSD 3,000,000. However, the principles prescribed by the Law shall be applied in a manner appropriate to the circumstances of the specific procurement. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 27 and 28)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) RSD 1000000. The provisions of the Public Procurement Law do not apply to the procurement of goods and services whose estimated value is less than RSD 1,000,000 and the procurement of works whose estimated value is less than RSD 3,000,000. However, the principles prescribed by the Law shall be applied in a manner appropriate to the circumstances of the specific procurement. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 27 and 28)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) RSD 1000000. The provisions of the Public Procurement Law do not apply to the procurement of goods and services whose estimated value is less than RSD 1,000,000 and the procurement of works whose estimated value is less than RSD 3,000,000. However, the principles prescribed by the Law shall be applied in a manner appropriate to the circumstances of the specific procurement. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 27 and 28)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) RSD 1000000. The provisions of the Public Procurement Law do not apply to the procurement of goods and services whose estimated value is less than RSD 1,000,000 and the procurement of works whose estimated value is less than RSD 3,000,000. However, the principles prescribed by the Law shall be applied in a manner appropriate to the circumstances of the specific procurement. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 4, 22, 25, 27 and 28)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) RSD 1000000. Regulation No. 93 of 2020-1 on Public Procurement in the Field of Defense and Security stipulates that contracting authorities shall conduct public procurement procedures in line with its provisions for the procurement of goods, works or services concerning: 1) military equipment, including any of its components, components or assemblies; 2) safety-sensitive equipment, including any component, component or assembly thereof; 3) goods, services or works directly related to the equipment from item. 1) and 2) during any period or its entire lifetime; 4) services and works exclusively for military purposes; 5) security-sensitive works and security-sensitive services, whose estimated value is equal to or greater than the thresholds set by the Law on Public Procurement and marked with a certain degree of secrecy. As noted before, the provisions of the Public Procurement Law do not apply to the procurement of goods and services whose estimated value is less than RSD 1,000,000 and the procurement of works whose estimated value is less than RSD 3,000,000. The difference lies essentially in publicity standards. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 20, 21, 22, 26, 27 and 164 Regulation No. 93 of 2020-1 on Public Procurement in the Field of Defense and Security, Art. 1)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) RSD 1000000. The provisions of the Public Procurement Law do not apply to the procurement of goods and services whose estimated value is less than RSD 1,000,000 and the procurement of works whose estimated value is less than RSD 3,000,000. However, the principles prescribed by the Law shall be applied in a manner appropriate to the circumstances of the specific procurement. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 27 and 28)
What are the minimum application thresholds for the procurement type? (Product type WORKS) RSD 3000000. The provisions of the Public Procurement Law do not apply to the procurement of goods and services whose estimated value is less than RSD 1,000,000 and the procurement of works whose estimated value is less than RSD 3,000,000. However, the principles prescribed by the Law shall be applied in a manner appropriate to the circumstances of the specific procurement. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 27 and 28)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) RSD 1000000. The provisions of the Public Procurement Law do not apply to the procurement of goods and services whose estimated value is less than RSD 1,000,000 and the procurement of works whose estimated value is less than RSD 3,000,000. However, the principles prescribed by the Law shall be applied in a manner appropriate to the circumstances of the specific procurement. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 27 and 28)

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. The tender documentation must be made in such a way as to enable the preparation and submission of the bid, i.e. the application. Tender documentation, depending on the type of public procurement procedure, contains information on the subject of procurement, technical specifications, criteria for qualitative selection of the economic entity, criteria for contract award, contract conditions, document forms submitted by candidates and bidders, information on prescribed obligations and other information required. for the preparation and submission of a bid, if they are not contained in the public invitation and other advertisements used as a public invitation. The data contained in the tender documentation and the data stated in the public invitation and other announcements used as a public invitation must not be in conflict. The Public Procurement Office regulates the content of the tender documentation in more detail through the Rulebook No. 93 of 2020-195 on the content of tender documentation in public procurement procedures. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 93 and 183 (3))
Are any of these documents published online at a central place? Yes. Communication and exchange of data in the public procurement procedure shall be performed by electronic means on the Public Procurement Portal: http://portal.ujn.gov.rs/ . If free, unlimited and unhindered direct access to the tender documentation cannot be provided by electronic means, the procuring entity shall determine in the public invitation the manner in which the tender documentation is made available and the measures required for the purpose of protection of confidential data. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 45, 105, 110 and 183)
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. The procuring entity is obliged to record and document in writing all actions during the planning, implementation of the procedure and execution of the public procurement contract. The procuring entity is obliged to, in accordance with the regulations governing the area of ​​documentary materials and archives, keep the entire documentation related to public procurement. Documentation is any document created during the planning of public procurement, implementation of public procurement procedure and execution of public procurement contract, which the contracting authority keeps for at least five years from the conclusion of an individual public procurement contract or framework agreement, or from the suspension or annulment of the public procurement procedure. The documentation exchanged on the Public Procurement Portal shall be stored and archived on the Public Procurement Portal. (Law No. 91 of 2019 on Public Procurement (as of 2020), Art. 41)
Are contracts awarded within a framework agreement published (ie mini contracts)? Yes. The contracting authority is obliged to publish a quarterly summary notice on the award of contracts concluded on the basis of a framework agreement and on the basis of a dynamic procurement system, within 30 days from the end of the quarter in which the contracts were concluded. (Law No. 91 of 2019 on Public Procurement (as of 2020), Art. 109)

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? No. An economic operator/bidder that intends to entrust the execution of part of the contract to a subcontractor, is obliged to state in the offer: 1) which part of the contract he intends to entrust to a subcontractor (by subject or in quantity, value or percentage); 2) data on subcontractors; 3) that the ordering party will directly pay the subcontractor for the part of the contract that he executed, if the subcontractor requests that the due receivables be paid directly. These data must be stated in the public procurement contract, if the economic operator/bidder has entrusted a subcontractor with a part of the public procurement contract. Moreover, the report compiled by the Public Procurement Commission after bid evaluation must contain information on the part of the contract or framework agreement to be performed by the subcontractor and the names of the subcontractors if any. However, it is unclear whether the offer and/or report are published or only kept by the contracting authority. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 109, 131, 145 and 237 (3))
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. General.

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. Technical specifications may not refer to a particular trade mark or source or to a particular process which characterizes the goods or services provided by a particular economic operator or to trademarks, patents, types or certain origins or production, which would result in favoring or eliminating certain economic operators or certain products, unless the subject of the contract justifies it. Exceptionally, a reference is allowed if the subject of procurement cannot be described with sufficient precision and comprehensibility, in accordance with Article 99 of the Public Procurement Law, where such reference must be accompanied by the words "or appropriate". (Law No. 91 of 2019 on Public Procurement (as of 2020), Art. 100 )
Is there a preferential treatment for small-to-medium enterprises (SMEs)? Yes. The procuring entity may decide to divide the object of public procurement in several lots on the basis of objective criteria (according to the type, quantity, properties, purpose, place or time of execution, etc.), determining the subject and scope of each lot, taking into account the possibility of small and medium-sized enterprises participating in the public procurement procedure, when justified. Moreover, the Centralized Public Procurement Authority is obliged to conduct centralized public procurement in a way that provides market access to small and medium-sized enterprises, whenever possible. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 36, 79 and 182 (2))
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) Yes. The procuring entity may not restrict competition with the intention to unjustifiably put certain economic entities in a more favorable or unfavorable position, and in particular may not prevent any economic entity from participating in the public procurement procedure by using discriminatory criteria for qualitative selection of economic entity, technical specifications and award criteria. The procuring entity may not determine conditions that would directly or indirectly mean national, territorial or personal discrimination between economic entities. Contract award criteria must be described and evaluated, must not be discriminatory, must be related to the subject of the procurement contract and must allow for effective competition. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 7 and 133)
Is there a specific set of rules for green/sustainable procurement? Yes. Business entities are obliged to respect obligations in the field of environmental protection, social and labor law, as well as obligations from collective agreements, ie provisions of international law related to environmental protection, social and labor law, in the execution of public procurement contracts. Environmental considerations are taken into account in technical specifications, in awarding criteria and constitute grounds for tenderer exclusion. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 5, 98, 111 (3), 126, 127, 132 and 134 (2))

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. The procuring entity is obliged to exclude a bidder from the public procurement procedure if: 1) the bidder fails to prove that themselves and their legal representative have not been convicted, in the period of the previous five years from the day of expiration of the deadline for submission of bids, unless a final judgment says otherwise, for: a) participation in an organized criminal group; b) abuse of power, or a crime in connection with public procurement; c) bribery; d) abuse of official position or trading in influence; e) fraud; f) the crime of unjustified obtaining and using credit and other benefits; g) tax evasion; h) terrorism, terrorism financing, association with a terrorist organisation, or public incitement to commit terrorist acts; i) money laundering; j) human trafficking; k) slavery; 2) the bidder does not prove that they have paid the due taxes and contributions for obligatory social insurance or that it has been granted a deferral of debt payment; 3) determines that the bidder in the period of the previous two years from the date of expiration of the deadline for submission of bids violated obligations in the field of environmental protection, social and labor law, including collective agreements, and especially the obligation to pay contracted wages or other mandatory payments; 4) there is a conflict of interest, in terms of this law, which cannot be eliminated by other measures; 5) finds that the bidder has tried to exert inappropriate influence on the decision-making process of the procuring entity or to obtain confidential information that could give it an advantage in the public procurement procedure or has provided misleading information that may affect decisions concerning the exclusion of the economic entity, the choice of economic operator or the award of a contract. Additionally, there are discretionary grounds for bidder exclusion, such as bankrupcy. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 111 and 112)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. Yes. An unusually low bid is a bid that contains a price or cost that deviates significantly from the market and raises doubts about the possibility of performing public procurement in accordance with the requirements of the contracting authority provided in the procurement documentation. If the procuring entity estimates that the bid is unusually low, it is obliged to request from the bidder to, within a reasonable time, explain the price or cost stated in the bid. The procuring entity may reject the bid only if the submitted explanation and evidence do not provide an appropriate explanation for the unusually low bid, taking into account the data referred to in paragraph 3 of Article 143 of the Law on Public Procurement. Additionally, the contracting authority, after review and expert evaluation, rejects a bid considering it unacceptable, if: 1) there are grounds for exclusion of the bidder; 2) the criteria for selection of an bidder are not met; 3) requirements and conditions related to the subject of procurement and technical specifications are not met; 4) the security for the seriousness of the bid has not been submitted in accordance with the procurement documentation; 5) there is valid evidence of distortion of competition or corruption; 6) the contracting authority identifies other shortcomings due to which it is not possible to determine the actual content of the bid or it is not possible to compare it with other bids. The contracting authority may also reject as an unacceptable bid those exceeding the amount of the estimated value of the subject of public procurement or available funds. The procuring entity may reject as an unacceptable bid which it determines to be unusually low in accordance with Article 143 para. 4 and 5 of the Law on Public Procurement. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 143 and 144)
Is scoring criteria published? Yes. The procuring entity is obliged to determine the criteria for awarding the contract in the procurement documentation. Contract award criteria must be described and evaluated, must not be discriminatory, must be related to the subject of the procurement contract and must allow for effective competition. The procuring entity determines the criteria in a way that will enable subsequent objective verification and evaluation of bids, as well as verification of data submitted by bidders, to assess the extent to which bids meet the criteria for contract award, and in case of doubt and evidence provided by bidders. In the procurement documentation, the procuring entity shall determine the relative importance in the weights for each criterion for awarding the contract, and in particular state the methodology for assigning weights for each criterion, except when the criterion is only the price. Weights can be expressed by determining the range with the corresponding maximum difference. Where weighting is not possible for objective reasons, the contracting authority shall specify the criteria for awarding the contract in descending order of importance. (Law No. 91 of 2019 on Public Procurement (as of 2020), Art. 133)
Are decisions always made by a committee? No. The public procurement procedure is conducted by a Public Procurement Commission appointed by the procuring entity. If the estimated value of the public procurement does not exceed the amount of RSD 3,000,000, the procuring entity is not obliged to appoint a public procurement commission, in which case the public procurement procedure is conducted by a person appointed by the procuring entity. The commission must have an odd number of members, and at least three members. (Law No. 91 of 2019 on Public Procurement (as of 2020), Art. 92)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. The procuring entity is obliged to take all measures in order to identify, prevent and eliminate conflicts of interest in connection with the public procurement procedure, in order to avoid violating the principles of ensuring competition and equality of economic entities. Conflict of interest between the contracting authority and the economic operator includes situations in which the representatives of the contracting authority involved in the implementation of the procedure or may affect the outcome of the procedure, have a direct or indirect financial, economic or other private interest, which could be considered the question of their impartiality and independence in that process. Conflicts of interest within shall include in particular the following cases: 1) if the representative of the procuring entity participates in the management of the economic entity; or 2) if the representative of the procuring entity has more than 1% share, ie share of the economic entity. The representative of the procuring entity is considered in particular: 1) the manager of the procuring entity, ie the responsible person of the procuring entity, a member of the administrative, executive or supervisory board of the procuring entity; 2) a member of the Public Procurement Commission, ie a person conducting the public procurement procedure. A business entity is considered a bidder, a member of a group of bidders and a subcontractor. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 49 and 50 )
Is some part of evaluation committee mandatorily independent of contracting authority? No. The Public Procurement Commission is appointed by the procuring entity. (Law No. 91 of 2019 on Public Procurement (as of 2020), Art. 92)
Are scoring results publicly available? No. If procurement is above EU threholds, the contracting authority may add information on scoring results in the award notice, following EU templates. Otherwise, the Law is silent about making scoring results of candidates publicly available. See also Ordinance No. 93 of 2020-273 on determining the content of standard forms for publishing public procurement notices through the Public Procurement Portal. (Law No. 91 of 2019 on Public Procurement (as of 2020), Art. 109 and Annex 4, Part D)
Does the law specify under which conditions the tender can be cancelled? No. Aside from annulment of the public procurement procedure on appeal before the Republic Commission (review procedure), the Law on Public Procurement does not specify under which conditions the tender can be cancelled. On the other hand, the Law establishes that, in case of suspension or annulment of the public procurement procedure, the procuring entity is obliged to publish the information in the contract award notice form within 30 days from the day of the finality of the decision on suspension or annulment of the public procurement procedure. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 105 (6), 109, 226 and 233)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. OJEU/TED (above EU thresholds), Public Procurement Portal, Portal of Official Gazettes of the Republic of Serbia and Legislation Databases (above RSD 5,000,000) (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 105 and 183)
Does the law specify the location for publicizing restricted calls for tenders? Yes. OJEU/TED (above EU thresholds), Public Procurement Portal, Portal of Official Gazettes of the Republic of Serbia and Legislation Databases (above RSD 5,000,000) (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 105 and 183)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. OJEU/TED (above EU thresholds), Public Procurement Portal, Portal of Official Gazettes of the Republic of Serbia and Legislation Databases (above RSD 5,000,000) (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 105 and 183)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? General. In the restrictive procedure the minimum number of candidates is five, and in the competitive procedure with negotiation, negotiated procedure with public announcement, competitive dialogue and innovation partnership the minimum number of candidates is three. (Law No. 91 of 2019 on Public Procurement (as of 2020), Art. 64)
What is the minimum number of bidders for negotiated procedures? General. In the restrictive procedure the minimum number of candidates is five, and in the competitive procedure with negotiation, negotiated procedure with public announcement, competitive dialogue and innovation partnership the minimum number of candidates is three. (Law No. 91 of 2019 on Public Procurement (as of 2020), Art. 64)
What is the minimum number of bidders for competitive dialogue procedures? General. In the restrictive procedure the minimum number of candidates is five, and in the competitive procedure with negotiation, negotiated procedure with public announcement, competitive dialogue and innovation partnership the minimum number of candidates is three. (Law No. 91 of 2019 on Public Procurement (as of 2020), Art. 64)

Bidding period length

What are the minimum number of days for open procedures? General. The minimum deadline for submission of bids in the open procedure is: 1) 35 days from the day of sending the announcement of the public invitation, for public procurement whose estimated value is equal to or greater than the amount of European thresholds; 2) 25 days from the day of sending for publication of the public invitation, for public procurement whose estimated value is less than the amount of European thresholds; 3) 15 days from the day of sending the announcement of the public invitation, for the procurement of works whose estimated value is lower than RSD 30,000,000; 4) ten days from the day of sending the announcement of the public invitation, for the procurement of goods and services whose estimated value is lower than RSD 10,000,000. In case of publishing a previous informative notice or a periodic indicative notice, the procuring entity may have a minimum deadline for submission of bids referred to in paragraph 3, item 1) and 2) of this Article to shorten to 15 days, under the condition from Article 107, paragraph 6 and Article 108, paragraph 14 of the Law on Public Procurement. (Law No. 91 of 2019 on Public Procurement (as of 2020), Art. 52)
What are the minimum number of days for restricted procedures? General. The minimum deadline for submission of bids when the procedure is conducted by the contracting authority is: 1) 30 days from the day of sending the invitation for submission of bids, for public procurement whose estimated value is equal to or greater than the amount of European thresholds; 2) 15 days from the day of sending the invitation for submission of bids, for public procurement whose estimated value is less than the amount of European thresholds. Sectoral contracting authorities may set a deadline for the submission of tenders with the consent of all candidates so that all candidates in the procedure have the same deadline for the preparation and submission of their tenders. If there is no agreement on the deadline for submission of bids referred to in paragraph 3 of this Article, the minimum deadline for submission of bids is at least ten days from the date of sending the invitation to submit bids. If the contracting authority has published a prior information notice, the minimum deadline for submission of tenders referred to in paragraph 2 of this Article may be shortened to ten days, provided that it is subject to Article 107, paragraph 6 of the Law on P. The contracting authority may set a shorter deadline for submission of bids, but not less than ten days from the date of sending the invitation to submit bids, if the deadline referred to in paragraph 2 of this Article is not appropriate due to justified urgency, for which the contracting authority has valid evidence. (Law No. 91 of 2019 on Public Procurement (as of 2020), Art. 54)
What are the minimum number of days  for competitive negotiated procedures? General. The minimum deadline for submitting initial bids is: 1) 30 days from the day of sending the invitation for submission of initial bids, for public procurement whose estimated value is equal to or greater than the amount of European thresholds; 2) 20 days from the day of sending the invitation for submission of initial bids, for public procurement whose estimated value is less than the amount of European thresholds. In the case of publication of a prior information notice, the minimum deadline for submission of initial bids referred to in paragraph 2 of this Article may be shortened to ten days, subject to Article 107, paragraph 6 of the Law on Public Procurement. The contracting authority may set a shorter deadline for submission of initial bids, but not shorter than ten days from the day of sending the invitation for submission of initial bids, if the deadline referred to in paragraph 2 of this Article is not appropriate due to justified urgency, for which the contracting authority has valid evidence. The deadline for submission of initial bids referred to in paragraph 2 of this Article may be shortened by the contracting authority by five days, when bids may be submitted by electronic means. (Law No. 91 of 2019 on Public Procurement (as of 2020), Art. 56)

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. The main exceptions are: 1. public procurements and design competitions that the contracting authorities are obliged to conduct, in accordance with the procurement procedures established by: a) an international agreement or other act on the basis of which an international obligation has arisen, which the Republic of Serbia has concluded with one or more third countries or its narrower political-territorial units and which relates to goods, services or works intended for joint implementation or use by parties; b) by international organizations; 2. purchase and lease of land, existing buildings and other real estate, as well as rights related to them; 3. purchase of time for television or radio broadcasting; 4. arbitration and amicable dispute resolution services; 5. specified legal services; 6. services of certification and certification of documents provided by notaries public; 7. financial services related to the issuance, sale, purchase or transfer of securities or other financial instruments in terms of the law governing the capital market, as well as activities carried out within the European Financial Stability Facility and the European Stability Mechanism; 8. loans and credits; 9. contracts concluded in accordance with the provisions of the law governing the rights, obligations and responsibilities arising from the employment relationship; 10. civil defense, civil protection and hazard prevention services, provided by non-profit organizations; 11. passenger transport services by rail or metro; 12. procurements from contracting authorities or groups of contracting authorities which are holders of the exclusive right on the basis of which they are the only ones to perform a certain activity in a certain geographical area and which is assigned to them or derives from a law, bylaw or individual act; 13. research and development services; 14. contracts concluded by the procuring entity with another legal entity. Additional exceptions apply. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 11-21)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. Public procurers, in terms of the Law on Public Procurement, are: 1) The Republic of Serbia, ie republic bodies; 2) bodies of the autonomous province; 3) bodies of the local self-government unit; 4) legal entities established for the purpose of meeting needs in the general interest, which do not have an industrial or commercial character, if any of the following conditions is met: a) that more than 50% be financed from the funds of the public procuring entity; b) that the supervision of the work of these legal entities is performed by the contracting authority; c) that more than half of the members of the supervisory or management bodies of these legal entities are appointed by the contracting authority; 5) groups of purchasers from point. 1) – 4). Furthermore, the Decision on determining the List of procuring entities referred to in Article 3, paragraph 1, item 1) of the Law on Public Procurement ("Official Gazette of RS", No. 85 of 16 June 2020) provides a a nominal list of Republic Authorities. (Law No. 91 of 2019 on Public Procurement (as of 2020), Art. 3)
Does the law specify the main procedure types or procurement methods permitted? Yes. Public procurement procedures are: 1) open procedure; 2) restrictive procedure; 3) competitive procedure with negotiation; 4) competitive dialogue; 5) negotiated procedure with publication of a public invitation; 6) innovation partnership; 7) negotiated procedure without publishing a public invitation. (Law No. 91 of 2019 on Public Procurement (as of 2020), Art. 51)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. The Republic Commission for the Protection of Rights in Public Procurement Procedures, whose decision is final i.e., no appeal may be lodged against its decision. An administrative dispute may be initiated against the decision of the Republic Commission within 15 days from the day of delivery of the decision to the applicant. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 1, 204 (2), 213 and 228)
Is there a procurement regulatory body dedicated to public procurement? Yes. The Public Procurement Office is a special organization which, among other tasks, prepares a strategy for the development and improvement of public procurement in the Republic of Serbia, conducts monitoring over the application of regulations on public procurement and prepares an annual report on the conducted monitoring. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 1, 178-182)
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. The procuring entity is obliged to provide persons performing public procurement activities with training for performing public procurement activities and taking exams for public procurement officers, as well as continuous training. The Public Procurement Office prescribes the procedure and conditions for obtaining a certificate for a public procurement officer and keeps a register of public procurement officers. Additionally, in the Public Procurement Commission, one member must be a person who has acquired higher education in the field of legal science in second degree studies (graduate academic studies - master, specialist academic studies, specialist vocational studies), or higher education that is legally equated with the academic title master in undergraduate studies lasting at least four years or a public procurement officer with higher education in second degree studies (graduate academic studies - master, specialist academic studies, specialist vocational studies), ie higher education which is legally equated with the academic title of master at undergraduate studies lasting at least four years or a person who has obtained a certificate for a public procurement officer by the day the Law on Public Procurement entered into force. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 92, 179 and 185)
Is disclosure of final, beneficial owners required for placing a bid? No.

Complaints

Is there a fee for arbitration procedure? Yes. The applicant for protection of rights is obliged to pay a fee in the amount of RSD 120,000 to a certain account of the budget of the Republic of Serbia, if the request for protection of rights is submitted in accordance with Article 214 para. 2 and 4 and Article 215 of the Law on Public Procurement, regardless of the amount of the estimated value of the public procurement. If the request for protection of rights is submitted in accordance with Article 214, paragraph 3 of the Law, the applicant for protection of rights is obliged to pay a fee to a certain account of the budget of the Republic of Serbia in the amount of: 1) RSD 120,000 if the estimated value of the public procurement does not exceed RSD 120,000,000; 2) RSD 120,000 if the sum of the estimated values ​​of all disputed lots does not exceed RSD 120,000,000, if the public procurement is formed by lots; 3) 0.1% of the estimated value of the public procurement, if that value is higher than RSD 120,000,000, and a maximum of RSD 1,200,000; 4) 0.1% of the sum of the estimated values ​​of all disputed lots if the public procurement is formed by lots, if that value is higher than RSD 120,000,000, and at most RSD 1,200,000. Costs of the protection procedure are expenses incurred during the protection procedure. Each party to the proceedings shall bear the costs caused by its actions. (Law No. 91 of 2019 on Public Procurement (as of 2020), Art. 225)
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. Submission of the request for protection of rights shall halt the continuation of the public procurement procedure by the procuring entity until the end of the protection procedure, except in the case of the negotiated procedure referred to in Article 61, paragraph 1, item 2) of this Law. The Republic Commission, upon a reasoned proposal of the procuring entity, may allow the procuring entity to continue conducting the public procurement procedure before the end of the protection procedure if it proves or makes probable the existence of reasons related to the possibility of damage disproportionately greater than the value of the public procurement, possible endangerment of life, human health, the environment or other serious dangers. The procuring entity may conclude a public procurement contract or framework agreement, after making a decision on awarding the contract or framework agreement, and if no request for protection of rights has been submitted or the request for protection of rights has been rejected, as well as if the protection procedure is suspended. The procuring entity may conclude a public procurement contract even before the expiration of the deadline for submission of requests for protection of rights: 1) on the basis of a framework agreement; 2) in case of application of the dynamic procurement system; 3) if only one bid has been submitted, which is acceptable; 4) in the case of application of the negotiated procedure without prior publication of a public invitation referred to in Article 61, paragraph 1, item 2) of the Law on Public Procurement. (Law No. 91 of 2019 on Public Procurement (as of 2020), Arts. 151 and 216)
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? General. The Republic Commission is obliged to decide on the request for protection of rights by a decision within 30 days from the day of receipt of the complete documentation necessary for establishing the factual situation and deciding. This may exceptionally be extended by 15 days, of which the applicant and the procuring entity shall be notified with an explanation of the extension of the deadline. The Republic Commission is obliged to decide on the appeal against the decision of the ordering party within 8 days from the day of receipt of the complete documentation necessary for establishing the factual situation and deciding. (Law No. 91 of 2019 on Public Procurement (as of 2020), Art. 227)
Is there a requirement to publicly release arbitration court decisions ? Yes. The Republic Commission will make the decision to be delivered to the procuring entity, the applicant and the selected bidder within 10 days from the day of adoption. The decision of the Republic Commission, after delivery to the parties in the procedure, is published on the website of the Republic Commission and on the Public Procurement Portal. The contracting authority is obliged to inform all participants in the procedure about the decision of the Republic Commission. (Law No. 91 of 2019 on Public Procurement (as of 2020), Art. 227)

Legislation

Decision No. 85 of 2020-36 (Serbian)pdf
Law No. 91 of 2019-3 on Public Procurement (Serbian)pdf
Ordinance No. 93 of 2020-273 on determining the content of standard forms for publishing public procurement notices through the Public Procurement Portal (Serbian)pdf
Ordinances No. 17 of 2020-34, and No. 94 of 2020-4 on the content of the Register of Bidders (Serbian)pdf
Regulation No. 93 of 2020-1 on Public Procurement in the Field of Defense and Security (Serbian)pdf
Regulation No. 93 of 2020-18 on Dinar value of European thresholds (Serbian)pdf
Rulebook No. 93 of 2020-195 on the content of tender documentation in public procurement procedures (Serbian)pdf
Rulebook No. 93 of 2020-368 on the bid opening procedure (Serbian)pdf
Rulebook No. 93 of 2020-369 on monitoring the application of public procurement regulations (Serbian)pdf

*Last update: 2017