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HRI-CORE-SRB-2010-fr-parsed
223. The strategy is based on the following principles: respect for the inherent dignity, individual autonomy and independence of persons with disabilities, including their right to make decisions concerning their own lives; non-discrimination; full and effective participation and integration of persons with disabiliti...
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224. The above-mentioned strategic document identifies measures and activities aimed at integrating the social model and the human rights-based approach into policies aimed at improving the status of persons with disabilities through the integration of disability-related issues into general development plans, complemen...
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The Constitution of the Republic of Serbia provides that the State guarantees equality between men and women and pursues a policy of promoting equal opportunities 176 . For example, forced labour is prohibited and the sexual or financial exploitation of a vulnerable person is considered to be a form of forced labour 17...
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228. The Law on Gender Equality provides for the establishment of equal opportunities for men and women in the exercise of their rights and duties, as well as appropriate measures to prevent and eliminate all forms of discrimination on the grounds of sex and gender; it also establishes a procedure for the legal protect...
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229. The Equal Opportunities Act provides that the guarantee of equal participation of men and women in political life is a precondition and necessary for the achievement of full gender equality, and in this regard the Act provides for specific measures concerning public and political life in order to achieve gender eq...
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231. The Government of the Republic of Serbia adopted the National Strategy for the Improvement of the Status of Women and the Promotion of Gender Equality in February 2009, which was developed in 2008 under the aegis of the Directorate for Gender Equality, which was based on the National Plan of Action for the Improve...
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232. The basic principles of this strategy are: increasing women's participation in decision-making processes and the pursuit of equal representation of both sexes; improving the economic status of women as a prerequisite for achieving gender equality; and promoting equality between women and men.
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233. The promotion of gender equality is also pursued through other national strategies, such as the Social Protection Development Strategy, which provides for the establishment of a network of social services, the adoption of the Protocol for Action on Violence, based on the project entitled "Combating sexual violence...
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The Family Code prohibits domestic violence 179 . This law defines domestic violence as the conduct of a family member who violates the physical integrity, mental health or tranquillity of another family member 180 . The following measures may be imposed against a family member guilty of violence: injunction to leave t...
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241. The Women's Autonomous Centre (AWC) organized more than 70 seminars in more than 30 cities during 2009, and in 2005 it also prepared the first draft of the Protocol on the Activities of Professionals in Social Service Centres, as well as the first draft of the Protocol on the Activities of the Police, which was su...
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243. The Civil Society Dialogue Forum was established in the area of gender equality to improve dialogue and the system of direct exchange and transfer of information, views and perspectives between national and local bodies established to promote gender equality and civil society; representatives of local bodies on ge...
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245. The National Plan of Action for Children is a strategic document that was adopted by the Government in 2004, identifying the entire national policy for children up to 2015. It is a document the draft of which was prepared by the Council for the Rights of the Child of the Government of the Republic of Serbia. The a...
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247. The 2009 revision of the National Plan of Action for Children included an analysis of strategies and action plans for the implementation of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, which included the National Plan of Actio...
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248. The National Strategy for the Prevention and Protection of Children against Violence was adopted in December 2008 and the Government adopted the Action Plan for the Implementation of the National Strategy for the Prevention and Protection of Children against Violence. It is difficult to provide accurate data on th...
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249. The following points have been identified on the basis of an analysis of the current situation and/or priorities for the prevention and protection of children against violence: a low level of public awareness of the existence of violence; some form of tolerance to various types of violence and insufficient and/or ...
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251. The Government adopted the General Protocol for the Protection of Children from Abuse and Neglect in August 2005. The implementation of the General Protocol aims to establish an effective multisectoral network and to introduce a coordinated procedure for the protection of children who are actual or potential victi...
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255. The reduction in the number of refugees is mainly due to their integration into the Republic of Serbia, which is the logical consequence of the entry into force of the Law on Citizenship. Thus, Serbian citizenship was granted to more than 200,000 people, while 140,000 other refugees benefited from the repatriation...
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256. The Sarajevo Process is a regional initiative which, thanks to the participation of UNHCR, the European Commission and the OSCE, was supposed to monitor the procedures for the repatriation of refugees and respect for their respective rights. However, the Republic of Serbia has fallen behind in the implementation o...
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257. The commitment of the international community to resolve all the problems of displaced populations in the region is a vital issue for Serbia, since otherwise there would be no mechanism to verify the completion of the process. In any case, the full implementation of the Sarajevo Declaration is one of the prioritie...
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258. The Government's national strategies, in particular the Poverty Reduction Strategy, the National Employment Strategy (2005-2010) and the National Strategy to Address the Problems of Refugees and Internally Displaced Persons, define programmes, as well as additional measures and activities relating to the employmen...
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260. The Law on Refugees enshrines the right of refugees to health care at the primary, secondary and university levels; the recently adopted Law on Health provides that uninsured persons (as a result of actual employment or a retirement pension) are entitled to health protection under the budget; refugees are not requ...
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261. The right to social protection, as well as the legal protection of the family, has been granted to refugees. All children of refugees without parental care are housed in specialized institutions or cared for by foster families. Older persons are housed in retirement homes and the costs of their accommodation are f...
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262. The housing programmes for refugees are based on budgetary resources and donations: the following types of housing are available: social housing - fully completed constructions, constructions by means of partial personal contributions, free building materials, microcredits for the purchase of building materials an...
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264. The closure of public collective centres, which appears to be a more humane option, is in fact a major problem for the most vulnerable populations if durable alternative housing solutions are not provided to them; therefore, the Office of the Commissioner for Refugees closes public collective centres only on the b...
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269. The Ministry of Civil Service and Local Self-Government has set up a working group to implement the strategy to improve the situation of Roma in the Republic of Serbia, including the establishment of an inventory of the situation by first identifying the number of persons who are not registered in the birth regist...
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275. The countries with which Serbia has entered into readmission agreements have, in most cases, refused to commit themselves to contribute to the socio-economic reintegration of returnees. On the other hand, the few countries which have accepted a treaty obligation to participate in the reintegration of returnees, ha...
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276. The commitment of States to the economic and social reintegration in Serbia of persons living in an irregular situation in their territories is a necessity, since Roma constitute the majority of returnees, who are marginalized from the point of view of
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277. The Strategy for the Reintegration of Returnees under the readmission agreements was adopted in February 2009. The central issue of the Strategy is the sustainable integration of returnees into the national community, as well as full respect for socio-cultural diversity, with the specific objective of establishing...
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278. The Ministry of Human and Minority Rights has set up a Readmission Office at Nikola Tesla Airport in Belgrade, which includes identifying and informing expelled persons and voluntary returnees about readmission to the Republic of Serbia; identifying the basic issues they face when they readmission; providing basic...
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282. The National Councils of National Minorities Act regulates both the procedures for the election of new Councils that have not yet been elected and the re-election of previously elected Councils.
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284. The Law on the Protection of the Rights and Freedoms of National Minorities provides that the authorities may, in accordance with the Constitution and the law, adopt regulations, special legal acts and individual legal measures to ensure full and effective equality between members of national minorities and those ...
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288. The Ministry of the Interior has undertaken a series of activities aimed at strengthening communication and trust between the police and local authorities, as well as educational activities for police personnel, representatives of local authorities, citizens and specific categories of the population, as well as es...
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292. The local authorities have also adopted regulations providing for specific interim measures; the statutes of the various local autonomous administrative units contain provisions providing that the municipal administration and the public enterprises set up by the municipality must ensure that jobs are classified in...
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293. The Instructions on the procedures for carrying out tasks in the context of greater respect for the rights of members of national minorities, promulgated by the Ministry of the Interior in March 2003, state that, in the performance of its tasks, the Department must respect and directly implement and/or protect hum...
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296. The Provincial Secretariat for Culture regularly organizes competitions in the following areas: the protection of cultural heritage; the co-financing of modern national works of national minorities and ethnic groups; the publication of new works in the languages of national minorities and the translation of Serbia...
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298. The National Strategy for the Improvement of the Situation of the Roma, adopted by the Government of the Republic of Serbia in April 2009, sets out the policy to be followed to this end. The strategic objective of this policy is to improve the situation of the minority.
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The conclusions of the 2008 analysis of the impact of health policy and the accessibility of health care to the Roma population by the Institute for Economic Research showed positive effects in terms of improving Roma access to health care, thus reducing unequal access to health care in the Republic of Serbia. More tha...
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307. The Ministry of the Interior is carrying out activities aimed at developing communication and cooperation with representatives of the Roma community, working with marginalized persons, minorities and vulnerable social groups; the opportunity to gain a better understanding of the security requirements and problems ...
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311. The Education Secretariat of the Autonomous Province of Vojvodina has undertaken a four-year project on the inclusion of Roma pupils in secondary education in the territory of the Autonomous Province of Vojvodina, which receives financial support from the Roma Education Fund, through collaboration between the Roma...
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312. The Serbian Constitution prohibits the activities of political parties aimed at overthrowing the constitutional system through the use of force, violating human rights or the rights of minorities guaranteed by the Constitution and inciting racial, national or religious hatred. 188 The Constitutional Court may only...
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313. The Law on Citizens' Associations provides that the competent authority may temporarily prohibit any public assembly aimed at overthrowing the constitutional order by violence, undermining the territorial integrity and independence of the Republic of Serbia, violating individual rights, civil rights and fundamenta...
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315. The Constitution of the Republic of Serbia provides that anyone whose fundamental rights or rights guaranteed to him by the Constitution in his capacity as a member of a minority have been violated or denied, shall have the right to be protected by justice, including the right to compensation for the consequences ...
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317. The Law on Administrative Disputes enshrines the judicial protection of individual rights and legitimate interests protected by law, as well as the legality of disputes relating to administrative matters and other types of disputes provided for by the Constitution and the law. It is possible to institute proceedin...
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320. The constitutional appeal procedure is regulated by the Constitutional Court Act, which provides that a constitutional appeal must be lodged within 30 days of the date of communication of the decision or of the performance of the act constituting a violation or denial of human rights, minority rights and freedoms ...
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323. The Law on Accountability for Human Rights Violations was promulgated in June 2003 in the Republic of Serbia, which provides for the investigation of alleged violations of human rights violations (i.e. those recognized by the International Covenant on Civil and Political Rights) and for the investigation of allege...
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The Special Department for Combating Organized Crime was established at the Belgrade District Court following the adoption of the Law on the Organization and Competence of State Organs for Combating Organized Crime, Corruption and Other Serious Crimes 204, and subsequently became the Special Department of the High Cour...
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HRI-CORE-SRB-2022-fr-parsed
1. The Republic of Serbia (hereinafter "the Republic of Serbia") is situated on the European continent in the central part of the Balkan peninsula and covers an area of 88,499 km2. It is bordered to the east by the Republic of Bulgaria, to the north-east by Romania, to the north by Hungary, to the west by the Republic ...
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2. The Republic of Serbia has two autonomous provinces: Vojvodina and Kosovo and Metohija. Since 1999, the Autonomous Province of Kosovo and Metohija has been under the provisional administration of the United Nations Interim Administration Mission in Kosovo (UNMIK), in accordance with United Nations Security Council r...
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3. The Republic of Serbia has 197 districts/city and urban municipalities (including 29 cities and municipalities in the territory of the Autonomous Province of Kosovo and Metohija), its capital being Belgrade, one of the oldest and largest cities in South-Eastern Europe. With 1.7 million inhabitants according to the 2...
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5. The Republic of Serbia is also a member of the Council of Europe, the Organization for Security and Cooperation in Europe, the Black Sea Economic Cooperation Organization, the Central European Free Trade Agreement and the Asian Infrastructure Investment Bank. Furthermore, the country is one of the founding members o...
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7. The political system is defined by the Constitution of the Republic of Serbia. In accordance with the Constitution, the Republic of Serbia is the state of the Serbian people and of all citizens living there; it is based on the principles of the rule of law, social justice, democracy, human rights and fundamental fre...
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17. The Constitution guarantees the freedom to express one's religion or belief, to perform religious rites, to attend religious offices or courses, individually or in association with others, and to express one's religious beliefs in private or in public. 4 The equality of churches and religious communities has been o...
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18. The Constitutional Court may only prohibit a religious community if it endangers the right to life, the right to mental and physical health, the rights of children, the right to personal and family integrity, the right to property, public security and public order, or if it causes or incites religious, national or ...
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21. The prohibition of discrimination on the basis of religion is regulated in the Republic of Serbia by a number of laws applying to various areas of social life and punishing discrimination (Criminal Code, Law on Churches and Religious Communities,
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23. The educational system is open to members of different religions; in primary and secondary schools, pupils have the opportunity to study the basics of religion in the context of an optional subject ("religious education"). The choices possible under this heading are: Orthodox Catechism, Islamic Religious Studies - ...
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26. The ethnic structure of the country has not changed significantly during the most recent intercensal period (2002-2011). In 2011, Serbs predominated, with a share of 83.32 per cent, although their total number decreased by about 225,000. After the Serbs, the most numerous were Hungarians (3.53 per cent), Roma (2.05...
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28. The population of the Republic of Serbia was estimated in 2020 at 6,899,126 inhabitants, 8 per cent less than in the 2002 census and 4 per cent less than in the 2011 census, according to a survey by the Statistical Office, the most worrying of which is the increase in the population ageing of the Serbian population...
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30. The process of demographic transition in the Republic of Serbia over the past few decades is closely linked to an urbanisation process. Compared to the level of urban development in European countries, the Republic of Serbia is one of the slightly less urbanised countries (the share of its rural population being hi...
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32. The region of Šumadija and Western Serbia is the region with the largest number of rural localities, accounting for more than 34 per cent of the total number of localities; population density is decreasing in all regions, with the largest decrease in the number of inhabitants in the village areas of southern and ea...
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33. The trend towards depopulation is also different by sex, with the decline in the population of rural areas slightly more pronounced among women than among men. The age structure of the rural population of the Republic of Serbia is extremely unfavourable. The changes in the age structure of the population over the p...
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38. The Republic of Serbia allocated EUR 8 billion, or almost 18% of GDP, to help the economy and citizens in the context of the crisis of the VOCID-19. In 2021, the country recorded a decline in its GDP, although one of the lowest in Europe (-0.9%), thus Serbia was among the countries that seem to have managed the cri...
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41. The Parliament, after confirming in a referendum held on 8 November 2006, adopted a decision on the proclamation of the Constitution. On 16 January 2022, the citizens voted in favour of amending the Constitution of the Republic of Serbia in a referendum. The constitutional amendments concerned the field of justice,...
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42. The Constitution provides that the Republic of Serbia is the State of the Serbian people and of all citizens living there and is based on the rule of law and social justice, the principles of democracy, human rights and freedoms, including minorities, and compliance with European values and principles. 11 Article 3...
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45. The proposal to revise Constitution 14 is submitted by at least one third of all deputies, by the President of the Republic, by the Government (see paragraph 50 below for a detailed explanation of the concept of "government") or by 150,000 voters. Parliament then decides on the revision of the Constitution. The pro...
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47. The system of government is based on the separation of legislative, executive and judicial powers; relations between the three branches of power are based on balance and mutual control; the judiciary is independent.
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48. The National Assembly is the supreme representative body and the holder of constitutional and legislative power in the Republic of Serbia.16 The National Assembly is composed of 250 deputies, elected by direct and secret ballot, in accordance with Law 17 . In its area of competence, the Parliament exercises represe...
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49. The President of the Republic shall be elected by direct suffrage, by secret ballot, in accordance with Law 21. The President of the Republic shall hold office for five years and shall expire at the end of the term of office for which he was elected, or by resignation or dismissal.22 The President of the Republic s...
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50. The Government is the holder of the executive power in the Republic of Serbia and is responsible to the National Assembly for the policy of the Republic of Serbia, the application of laws and other laws of general application adopted by the Assembly.
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52. The judiciary in the Republic of Serbia is governed by the various courts of general or specialized jurisdiction. The establishment, organization, jurisdiction, regime and structure of the courts are governed by Law 28 .
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57. The multi-party system was introduced in 1990. The Law on the Election of Deputies of 1990 provided for a majority electoral system for the election of deputies to Parliament.36 Subsequent laws established a proportional electoral system which, since 2002, also applies to the election of councillors to municipal as...
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58. The Constitution guarantees the right to vote. Every adult and valid citizen of the Republic of Serbia has the right to vote and to be elected. The Constitution provides that the vote is universal, equal and personal, that the elections are free and direct and that the vote is conducted by secret ballot. The right ...
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59. The right to elect the President of the Republic and to be elected President of the Republic is vested in any major citizen of the Republic of Serbia who is not the subject of a guardianship decision, i.e. who is not completely deprived of his or her legal capacity. A person partially deprived of his or her legal c...
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61. The bodies responsible for conducting the elections are the Electoral Commission of the Republic, the local electoral commission and the polling stations, which are autonomous and work independently, on the basis of the laws and regulations of the Republic.
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64. The National Councils of National Minorities Act 48 sets out the procedure for the election of these bodies and provides for regular elections to appoint members of national councils of national minorities, every four years, and also regulates the legal status and powers of national councils of national minorities ...
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The following table shows the number of persons entitled to vote by administrative district, in accordance with the decision of the Electoral Commission of the Republic by which it determined and announced the final number of voters in the Republic of Serbia as at 19 June 2020.
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The Republic of Serbia held its first multiparty elections since the Second World War in 1990. Four ordinary parliamentary elections have since been held (in December 1990 with a turnout of 71.49 per cent; in September 1997);
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68. The status and activities of non-governmental organizations are regulated in the Republic of Serbia by the Law on Associations. An association, within the meaning of the Law, is a voluntary and non-governmental non-profit organization, based on the freedom of association, consisting of several natural or legal pers...
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69. The Law on Associations allows a foreign association, represented by an office in the Republic of Serbia, to carry out activities in the territory of the Republic of Serbia by prior registration in the register of foreign associations. 50 A foreign association, within the meaning of the law, may be an association w...
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70. The objectives and activities of a recognized association may not be aimed at violently overthrowing the constitutional order of the Republic of Serbia, at undermining the territorial integrity of the Republic of Serbia, at violating guaranteed human or minority rights, at encouraging inequalities or inciting hatre...
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74. The dissolution of an association is possible if the association is removed from the register of associations, is prohibited, or is liquidated or put into bankruptcy. The activities of an association may be prohibited on the grounds that its objectives and its action are contrary to the Constitution or the law; a p...
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77. The registration procedure - either in the register of associations or in the register of foreign associations - and the maintenance of registers are regulated more precisely by the Law on Registration Procedure with the National Bureau of Registration of Companies and its implementing acts. The Bureau publishes in...
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78. The Ministry of Human and Minority Rights and Social Dialogue decides on appeals against the decisions of the National Bureau of Company Registration, in this case those of the head of the register of associations and of the register of foreign associations, and supervises the implementation of the law on associati...
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83. The Constitution guarantees freedom of the media, and everyone is free to create newspapers and other means of public information without official authorization, in accordance with the procedures provided for by law; television and radio stations are established in accordance with the law.
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85. The Republic of Serbia has established a regulatory framework for independent and unimpeded media activities; a series of media-related laws have improved the framework for the protection of information rights (the Information and Media Act 63, the Electronic Media Act 64 and the Public Media Services Act 65); the ...
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86. The Electronic Media Act 66 established the Electronic Media Regulatory Authority, an independent regulatory body that enjoys functional and financial independence from the State, media service providers and operators; the Authority is responsible to the Parliament for the proper performance of its duties; its prof...
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87. The Authority may issue a warning, a notice, or a temporary ban on the publication of content, or revoke the licence of the media operator, in the event of a violation of the obligations relating to the content of the programmes, as well as in the event of a violation of the conditions laid down in the licence or a...
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89. The Republic of Serbia has established the Press and Publishing Industry Institution - Panorama. Panorama's activity is aimed at achieving the general interest in information through the publication, in Serbian, of the weekly Jedinstvo (Unity) and the magazine Stremljenja (Aspirations), with the aim of informing th...
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97. The judiciary in the Republic of Serbia has general or specialized jurisdiction. The establishment, organization, jurisdiction, regime and structure of the courts are governed by law. Provisional, summary or special courts cannot be established. The Supreme Court 73 is the highest court in the Republic of Serbia an...
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98. The courts of general jurisdiction are the courts of first instance, the courts of main instance, the courts of appeal and the Supreme Court. The courts of special jurisdiction are the commercial courts, the commercial appellate court, the police courts, the correctional court and the administrative court. The Belg...
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99. The Supreme Council of the Judiciary is an independent public body that ensures and guarantees the independence of the courts, magistrates, judges and jurors (non-professional judges), appoints and dismisses non-professional judges and judges, appoints and dismisses the President of the Supreme Court and the presid...
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100. The Higher Council of the Judiciary is composed of 11 members: 6 judges elected by their peers, 4 eminent lawyers elected by Parliament, and the President of the Supreme Court. The election of members of the Higher Council of the Judiciary from among judges is governed by law. The widest possible representation of...
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104. The Public Prosecutor ' s Office is a specific and independent public authority responsible for prosecuting the perpetrators of criminal offences and other wrongdoings and for exercising other powers to protect the public interest under the conditions laid down by law. The Public Prosecutor ' s Office exercises it...
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105. The Prosecutor of the Republic is the chief prosecutor in the Republic of Serbia. The function of the Public Prosecutor ' s Office is exercised by the Public Prosecutor, the public prosecutors and the public prosecutors. The Public Prosecutor and the public prosecutors in the administration of the Public Prosecuto...
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106. The Public Prosecutor is elected by Parliament for a term of six years by a favourable vote of at least three-fifths of the total number of deputies, on the proposal of the Supreme Council of the Public Prosecutor's Office, after a competitive examination, and in accordance with the law. The Council of the Public ...
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107. The Supreme Council of the Public Prosecutor ' s Office is an autonomous body of the State which ensures and guarantees the independence of the Public Prosecutor ' s Office, the Public Prosecutor ' s Office, the Public Prosecutor ' s Office and the Public Prosecutor ' s Office. The Supreme Council of the Public Pr...
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108. The Public Prosecutor is responsible for the work of the Public Prosecutor ' s Office and for his own action before the Parliament. He does not have to answer to the Parliament for his actions relating to a particular case. The Public Prosecutors are responsible for the work of the Public Prosecutor ' s Office and...
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109. The Constitutional Court is an independent and autonomous body of the State which ensures respect for constitutionality and legality, as well as for human rights and fundamental freedoms and the rights of minorities. The decisions of the Constitutional Court are final, enforceable and generally binding. 89 The Con...
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111. The Constitutional Court consists of 15 judges who are elected or appointed for nine years. Five judges of the Constitutional Court are elected by Parliament, five are appointed by the President of the Republic and five are selected by the Supreme Court sitting in plenary 92.
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116. The death penalty was abolished in Serbia in 2002. (The last death sentence carried out before the entry into force of this law was in 1992; between that date and 2002, 19 death sentences were handed down, none of which were executed).
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117. The Criminal Code (Amendment) Act 95 introduced two new legal alternatives: life imprisonment with the possibility of parole when the sentence was served for 27 years; life imprisonment without this possibility in the case of "the most heinous crimes". According to article 46 of the Act, parole may not be granted ...
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