Rules of Procedure

("Off. Journal RS", no. 20/2005 and 64/2005)

Rules of procedure republic committee for resolving conflict of interests i general provisions

Article 1

This Rules of Procedure regulates the way of operations and other important issues for the work of the Republic Committee for Resolving Conflict of Interests (hereinafter: Republic Committee).

Article 2

The seat of the Republic Committee is in Belgrade.

The Republic Committee holds sessions in its seat, but can also decide to hold particular sessions in other town in the Republic of Serbia (hereinafter: Republic).

Article 3

The Republic Committee has its seal representing a circle of 32mm in diameter. The seal contains the coat of arms of the Republic in the centre, the names "Republika Srbija" and "Republički odbor za rešavanje o sukobu interesa" rounding it in concentric circles and the name " Beograd" under the coat of arms.

The seal of the Republic Committee is made in two copies; the text on them is inscribed in the Serbian language in Cyrillic letters.

Article 4

The Republic Committee has stamps made and used in accordance with the regulations of office operations.

Article 5

Publicity of work of the Republic Committee is achieved through:

• publishing by-laws of the Republic Committee (instructions, rules of procedure, forms) in the "Official Journal of the Republic of Serbia";
• publishing records and reports in media;
  
• publishing every decision, resolution, conclusions etc. in deciding on the existence of conflict of interests, in media;
  
• enabling journalists to attend the sessions of the Republic Committee, in accordance with this Rules of Procedure;
• holding press conferences;
  
• issuing statements for the public to media (public statements).

Information on whether proceedings against a public official have been initiated, whether the proceedings have been stopped or a measure has been pronounced, what measure has been pronounced, if a public official has submitted the Disclosure Report and fulfilled his/her obligation in respect of gift and other obligations prescribed by the Law, the Republic Committee shall regard as information of public importance and enable the access to them.

The Republic Committee shall act as in the Item 2 of this Article when charges important for discharge of public office have been filed against a person holding that public office, except in a case when presenti ng information would enable misuse of personal data.

Article 6

The Republic Committee establishes bilateral and multilateral cooperation with the organs performing related activities in other countries and can organise international expert conferences and other forms of cooperation.

II ORGANISATION OF THE REPUBLIC COMMITTEE

1. President and members of the Republic Committee

Article 7

The Republic Committee has a President and members, according the Law.

The Republic Committee has a Deputy President, elected among the members of the Republic Committee for the same period as the President.

The Republic Committee for Resolving Conflict of Interests

Deputy President acts as the President if he/she is absent or prevented from perfoming his/her duty and carries out other tasks assigned to and authorised by the President.

Article 8

President of the Republic Committee:

• represents and acts on behalf of the Republic Committee before the state organs and other national and international bodies and institutions;
• manages the organisation of the work and fulfillment of the tasks and decisions made by the Republic Committee;
• prepares and convenes the sessions of the Republic Committee, proposes agenda and presides over the sessions;
• manages the implementation of this Rules of Procedure other by-laws of the Republic Committee;
• calls expert meetings and presides over them;
• signs the by-laws and documents of the Republic Committee;
  
• calls press conferences and gives statements to the media, on the basis of established common position of the Republic Committee;
• performs other tasks set by the Law, this Rules of Procedure and other by-laws of the Republic Committee.

2. Secretary of the Republic Committee

Article 9

The Republic Committee has a Secretary.

The Secretary of the Republic Committee is nominated by the Republic Committee, at the proposal of the commission, consisting of three members and elected by the Republic Committee.

A person who fulfills general conditions for employment in the state organs, holds a BA in law, having at least five years of work experience in administrative affairs, has passed professional examination for employees in judicial organs or professional examination for employees in public administration, and speaks the English languages can be nominated for the position of the Secretary of the Republic Committee.

Article 10

The Secretary of the Republic Committee supports the President of Republic Committee in performing his/her tasks, manages the Secretariat of the Republic Committee, organises its work and performs other tasks set by the set by the Law and this Rules of Procedure, and as instructed by the Republic Committee and the President of the Republic Committee.

The Secretary of the Republic Committee proposes to the Republic Committee plan for providing funds from the Republic budget for the work of the Republic Committee and acts as executive authority for financial and material operations of the Republic Committee.

The Secretary of the Republic Committee notifies quarterly the Republic Committee of expenditures of funds of the Republic Committee.

3. Secretariat of the Republic Committee

Article 11

The Secretariat of the Republic Committee is established for performing professional, administrative and technical services necessary for the work of the Republic Committee.

The organisation and work of the Secretariat of the Republic Committee, number and qualifications of employees and description of jobs are regulated by the Statute on organisation of the Secretariat of Republic Committee made by the Republic Committee, at the proposal of the Secretary of the Republic Committee.

Regarding the rights and obligations of the employees in the Secretariat of the Republic Committee, regulations defining labour relations in state organs are applied.

III WORK AND DECISION-MAKING

1. Session of Republic Committee

Article 12

The Republic Committee works and takes decisions at the session.

The Republic Committee can work if the session is attended by more then a half of its members, and it takes decisions by the majority votes of the total number of members.

Article 13

For the purpose of preparing draft acts passed by the Republic Committee and proceeding in particular actions in proceedings with the Republic Committee, the president of the Republic Committee appoints one or more members of the Republic Committee authorised to prepare draft act, as well as to proceed in particular subjects and prepare them for discussion and decision-making in the Republic Committee (hereinafter: authorised members of the Republic Committee).

The subjects are delivered to the authorised members of the Republic Committee, in terms of the Item 1 of this Article, according to the Cyrillic alphabetical order of their surnames or, exceptionally, by the type or nature of the subject (issue) decided by the Republic Committee.

1) Convening a session and participating in the work

Article 14

The sessions of the Republic Committee are regularly held twice a month.

The President of the Republic Committee convenes a session and proposes the agenda, on his/her own initiative or upon the request of at least one member of the Republic Committee.

The members of the Republic Committee are delivered a notice of the session and material to be discussed on it at least three days before the date set for the session. Certain material can be delivered to the members of the Republic Committee immediately before the session.

This notice should contain: a number of the session, proposal of agenda, date, time and venue of the session.

Exceptionally, if necessary, the Republic Committee can be convened without the written notice, by telephone or other, in the period shorter then the period under Item 2 of this Article.

Article 15

The session of the Republic Committee held for the purpose of oral argument for hearing of parties, witnesses and assessors, is convened by the President of the Republic Committee upon the request of an authorised member of the Republic Committee.

The session under Item 1 of this Article is held only for oral arguments and no other issues from the responsibility of the Republic Committee can be discussed or decisions can be made.

The Republic Committee can decide, at the proposal of the party in the proceedings or under its own initiative, to exclude the public from the session under Item 1 of this Article, from the whole or part of it, if required due to the ethic interests, protection of family relations of keeping state, official, business of professional secret.

Article 16

The President and the members of the Republic Committee have the right and obligation to attend the session and participate in the work and decision-making.

The member of the Republic Committee who is prevented from attending the session shall timely inform about it the President of the Republic Committee and excuse the leave, and the President informs the Deputy President if he/she is prevented from attending the session, and if he/she is also prevented, one of the members or the Secretary of the Republic Committee.

If there is no necessary majority of the members of the Republic Committee (quorum) at the session, it shall be postponed and scheduled as soon as possible giving either oral or written notice.

Article 17

The session of the Republic Committee is closed to the public when discussing (debating and voting) on whether a proceedings would be initiated against a person or if an official's action or failure to act represents a violation of the Law.

The Secretary of the Republic Committee and the advisor responsible for the subject discussed participate in the work of the session without the right to vote.

2) Session course of action

Article 18

The President of the Republic Committee presides over the session of the Republic Committee and, if he/she is prevented from presiding, the Deputy President.

The President opens the session of the Republic Committee , determines if the majority necessary for work and decision-making (quorum) is present, informs about the members who have announced and excused himself/herself and informs who is invited to the session.

Article 19

In the beginning of the session, the Republic Committee adopts the minutes from the previous session.

A member of the Republic Committee can object the minutes and require certain changes. The Republic Committee decides immediately about the good reasons for those objections.

The President of the Republic Committee states that the minutes were adopted without objection or with the adopted changes.

Article 20

The agenda is set at the session.

A member of the Republic Committee can ask for changing or amending the proposed agenda and shall explain his/her proposal. The Republic Committee decides on the proposed changes and amendments.

The President of the Republic Committee can propose omitting of a certain item from the proposed agenda or adding a new item to it.

The Republic Committee states about the complete proposed agenda.

Article 21

The President of the Republic Committee announces the agreed agenda and the debate begins according to the order the items on the agenda.

The President of the Republic Committee can change the order of the debate on particular items on the agenda or unite the discussion about certain issues.

Article 22

No one can speak at the session of the Republic Committee before asking and getting a word from the President of the Republic Committee.

The member of the Republic Committee and other participant in the work at the session can discuss only about the issue on the agenda and he/she can discuss the same issue a few times, upon approval of the President of the Republic Committee.

In the beginning of the debate about particular issue, the authorised member or the Secretary of the Republic Committee gives information or explanation necessary for decision-making in the Republic Committee.

Article 23

Upon determining there are no members applied for debate, the President of the Republic Committee concludes that the debate is finished and, according to the opinions, suggestions and proposals from the debate, in cooperation with the authorised member and the Secretary of the Republic Committee, proposes relevant act (instruction, resolution, conclusion, opinion or decision) to be adopted by the Republic Committee.

If the Republic Committee concludes after the finished debate that all facts necessary for decision-making are not completely defined, the President shall postpone the decision-making until defining the facts.

Article 24

The provisions of this Rules of Procedure regarding the session are applied to the course of the session of the Republic Committee, if otherwise provided in this Article.

At the session under the Item 1 of this Article the minutes from the previous session shall not be adopted and the agenda shall not be set.

In the beginning of the session, the authorised member of the Republic Committee notifies about the subject of the oral argument and informs on persons invited to and attended the session.

The members of the Republic Committee and other invited persons participate in the oral argument according to the order defined by the authorised member of the Republic Committee.

2. Decision-making

Article 25

The Republic Committee decides on each issue from the agenda on the non-public part of the session, after the debate about that issue.

If there are several proposals, each is voted according to the order they were proposed.

Article 26

The member of the Republic Committee has the right and obligation to vote on each proposal decided at the session of the Republic Committee.

The vote is open, unless the Republic Committee decides to have a secret vote on a certain proposal.

Article 27

The vote is performed on a show of hands, and a member of the Republic Committee can vote "for" or "against" the proposal.

The member of the Republic Committee can abstain from voting if he/she is, in terms of this Law, a person related to a public official of other person decided upon in the Republic Committee.

If the vote is secret, the Republic Committee defines the method of performing it.

Article 28

A member of members of the Republic Committee has the right to have dissenting opinion, in conformity or not in conformity with the accepted position of the Republic Committee, and they shall deliver the dissenting opinion with the explanation, in written, to the President of the Republic Committee, within 48 hours.

The dissenting opinion under Item 1 of this Article is published in the same time and manner as the position, i.e. decision of the Republic Committee, but not longer that it.

Article 29

After voting, the President of the Republic Committee determined the results and announces whether voted proposal has been adopted or not.

Article 30

The decision of the Republic Committee, except the decision pronouncing the measure of non-public caution, is published after the signing of written dispatch of the decision and its delivery to the relevant public official, within eight day from the date is was made.

3. Minutes from session

Article 31

The minutes are kept of the session of the Republic Committee.

The minutes contain the basic information on the session, particularly: mark and number of the session of the Republic Committee; venue, date and time of the session; names of the chairperson and present members of the Republic Committee; the session agenda; important part of the statements of certain members of the Republic Committee; proposals adopted at the session and decision, conclusion etc made; results of voting on particular issues.

The member of the Republic Committee presenting his/her opinion at the session can require the important part of the opinion to be entered into the minutes.

Article 32

The minutes shall be prepared at short notice and not later than five days from the session.

The minutes are kept by the person appointed by the Secretary of the Republic Committee.

The President and the Secretary of the Republic Committee are responsible for the minutes preparation.

The members of the Republic Committee are provided by the minutes latest with the notice for the next session of the Republic Committee.

The adopted minutes are signed by the Secretary and the President of the Republic Committee.

Article 33

The adopted minutes and material from the session are joined in a folder, filed and kept in the archive of the Republic Committee, according to the regulations on archives and office operations.
IV CHANGES AND AMENDMENTS OF RULES OF PROCEDURE

Article 34

The Rules of Procedure is changed and amended by decision.

The President or a member of the Republic Committee can submit a proposal for decision on change and amendment of the Rules of Procedure.

The proposal under item 2 of this Article should be submitted in the form of the decision and has to be explained.

Article 35

The President or a member of the Republic Committee can give a proposal for passing new Rules of Procedure.

The proposal of Rules of Procedure under item 1 of this Article should be submitted in the form of the Rules of Procedure and has to be explained.

V CONCLUDING PROVISIONS

Article 36

Particular issues regarding the work of the Republic Committee, not defined by this Rules of Procedure, can be regulated by a decision or a conclusion of the Republic Committee.

Article 37

The Republic Committee establishes an Editing Group among its members, for the purpose of preparing legislation for publishing in the "Official Journal of the Republic of Serbia".

The Editing Group under the previous item shall be changed every six months.

Article 38

This Rules of Procedure enters into force the day following the day of its publishing in the "Official Journal of the Republic of Serbia".