Instruction for the Implementation the Law
On the basis of the Article 18 of the Law on Prevention of Conflict of Interests in Discharge of Public Office ("Official Journal of RS", number 43/04), the Republic Committee for Resolving Conflict of Interests, on the fifth meeting held on 18 February 2005, has prepared the
Instruction for Implementation of the Law on prevention of conflict of interests in discharge of public office
In this Instruction the Republic Committee for Resolving Conflict of Interests (hereinafter: Republic Committee) specifies the meaning of particular provisions of the Law on Prevention of Conflict of Interests in Discharge of Public Office (hereinafter: Law) for its proper application.
Related persons
Article 4 of the Law
A person related by interest , in terms of the Article 4 item 3 of this Law , is also a person whose activity , appointment or nomination is in connection with the office held by a public official and influences or can influence on impartial and responsible discharge of public office or a public official's property.
Ban of advisory engagement
Article 5 of the Law
Ban of advisory engagement with natural and legal persons , prescribed by the Article 5 item 2 of this Law , does not apply to the member of the Republic Committee whose professional activity, performed in the moment of his/her election to the Republic Committee, includes giving legal advice.
Content of Disclosure Report
Article 12 of the Law
Information on real estate should also contain marks of land register or cadastral records and type and area of lots , and information of legal title of acquisition should be provided for unregistered real estate.
Information on movables under mandatory registration should record registration numbers , brand , year of production and other data necessary for identifying an item.
Financial , economic and other information requested in the Disclosure Report should be precisely written according to the requirements from that Report.
Register of Property of public officials and related persons
Article 14 of the Law
All data from the Disclosure Report comprise the database kept in the computer register of property, protected by the cipher-code accessible to the President and the Secretary and a person authorised by them.
Data from the Register can be used only by the members of the Republic Committee during the processing of individual files.
Written documentation, reports and enclosures are kept in the specially protected archive under the control of the Secretary of the Republic Committee and a person authorised by him/her.
The manner of protection of data on property of public officials and related persons, the scope and manner of their usage, as well as deciding on the place for data storage and persons responsible for it, shall be specified in the separate section of the Organisation Regulations of the Secretariat of the Republic Committee.
Criteria for determination of protocolary and appropriate gifts
Article 16 of the Law
A gift given in accordance with the Protocol of the organ giving the gift, if that type of gift is prescribed by that act, shall be considered as a protocolary gift, in terms of the Article 16 item 1 of this Law.
The determination of what gifts are considered appropriate shall be performed in accordance with the value of a gift or possible influence of an accepted gift on impartial and independent discharge of public duty.
A gift , in terms of the previous item , can only be a movable object which commercial value does not exceed a half of the average monthly salary in the Republic of Serbia, in the moment of its acceptance.
Term for submitting Disclosure Report
Article 35 of the Law
Term of 30 days of passing implementing legislation for this Law , within which public officials shall submit their first Disclosure Report to the Republic Committee , starts from the date of publishing of Disclosure Report Form and this Instruction in the "Official Journal of the Republic of Serbia".
01 Number : 06-410/05
Belgrade , 18 February 2005
Republic Committee for Resolving Conflict of Interests