Opinions and Positions
25. Oct 2005.
Responsibilities of public officials
In accordance with the Article 35, Paragraph 1 of the Law, public officials shall, within 90 days of coming into force of this Law, harmonise advisory engagements with legal entities and natural persons with this Law and harmonise exercising of managing rights in economic entities and discharge of functions in public enterprises, institutions and companies or other legal entities with state capital share, as well as other economic entities. This term expired on 27 July 2004.
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09. Oct 2005.
Holding other public offices and performing other activities
According to the Law on Local Self-Government ("Official Journal of RS", no. 9/2002, 33/2004 and 135/2004), the Article 50, Paragraph 1 and Article 52, Paragraph 1, the municipal administration is managed by the head of municipal administration, who is appointed by the Municipal Assembly upon the proposal of the president of municipality. In terms of the Article 2, Paragraph 1 of the Law on Prevention of Conflict of Interests, the head of municipal administration is a public official. The Article 9, Paragraph prescribes that an official may not be a member of managing board of an institution, company of any other legal entity with state capital share, unless so provided by law or other separate act.
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09. Oct 2005.
Gift
The provision of the Article 4, Paragraph 2 of the Law on Prevention of Conflict of Interests in Discharge of Public Office ("Official Journal of RS", no. 43/2004) prescribes that an official may not be in any relationship of dependence with persons that could affect his/her impartiality in discharge of public office, nor may he/she use public office to acquire any benefit or privileges for himself or related person.
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09. Oct 2005.
Submiting disclosure report
Instruction for Implementation of the Law on Prevention of Conflict of Interests in Discharge of Public Office ("Official Journal of RS", no. 43/2004) sets the term of 30 days in which public officials are obliged to submit their first Disclosure Report to the Republic Committee starting from the day of publishing Disclosure Report Form and this Instruction in the "Official Journal of RS".
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09. Oct 2005.
Public offices and public officials under this law
Members of Parliament of SU SaM who have submitted the Disclosure Report on Property and Income are not under the jurisdiction of this Law, except those elected to the Parliament of SU SaM after the Law had been passed, considering that they are obliged to deliver the Disclosure Report two years after the end in the office, as well as the members of parliament or assembly nominated in the organs of public enterprises founded by the Republic of Serbia, Autonomous Province of Vojvodina, towns, city municipalities and municipalities.
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09. Oct 2005.
Procedure to determine violation of the law
The procedure to determine possible violation of this Law is initiated by the Republic Committee ex officio or at the request of the official or his/her superior. The Republic Committee may also initiate proceedings on charges made by a legal entity or natural person (Article 24, paragraph 1 of the Law on Prevention of Conflict of Interests in Discharge of Public Office, "Official Journal of RS", no. 43/2004).
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09. Oct 2005.
Competence of Republic committee for resolving conflict of interests
In the case when the Republic Committee finds it is not actually competent to act upon a report, it shall make a conclusion announcing itself not competent, and both conclusion and report with enclosed documents deliver to a competent authority for further procedure.
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09. Oct 0005.
Managing rights in commercial entities
Public official and holding office in commercial entities
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