（Enter into force on 1 January 2010.）
I. GENERAL PROVISIONS
This Act governs establishment, legal status, competencies, organization and operation of the Agency for combating corruption (hereinafter “the Agency”), rules concerning prevention of conflicts of interest in discharge of public office and property disclosure reports of persons holding public office, introduction of integrity plans, as well as other issues of relevance for the work of the Agency.
Meaning of Terms
For the purpose of this Act the following terms shall mean:
“corruption” is a relation based on abuse of office or social status and influence, in the public or private sector, with the aim of acquiring personal benefits for oneself or another;
“official” is every person elected, appointed or nominated to the bodies of the Republic of Serbia, autonomous province, local self-government unit, bodies of public enterprises, institutions and other organisations established by the Republic of Serbia, autonomous province, local self-government unit and other person elected by the National Assembly;
“public office” denotes a function in the bodies of the Republic of Serbia, autonomous province, local self-government unit, bodies of the public enterprises, institutions and other organisations established by the Republic of Serbia, autonomous province, local self-government unit as well as functions of other persons elected by the National Assembly and implies managing, decision-taking and enactment of general and individual acts authority.
“associated person” is a spouse or a common-law partner of the official, lineal blood relative of the official, lateral blood relative to the second degree of kinship, adoptive parent or adoptee of the official, as well as any other legal entity or natural person who may be reasonably assumed to be associated in interest with the official.
“private interest” is any kind of benefit or advantage to the official or associated per “conflict of interests” is a situation where an official has a private interest that affects, may affect or may be perceived to affect actions of an official in discharge of office or official duty in a manner that compromises public interest;
“gift” is money, thing, right and service performed without adequate compensation and any other benefit given to the official or associated person in respect to discharge of public office;
“”protocol gift” is a gift to the official from a foreign state, its body or organization, international organization or foreign legal entity, received during a visit or on other similar occasions.
II. THE AGENCY
The Agency is an autonomous and independent government body.
The Agency is accountable to the National Assembly of the Republic of Serbia for performance of duties from its purview.
The Agency has the status of a legal entity.
Provisions of the law governing administrative procedure shall accordingly apply to procedure before the Agency not regulated hereunder.
The funds for operation of the Agency shall be provided in the budget of the Republic of Serbia, at the proposal of the Agency, and from other sources, in accordance with law.
The Agency autonomously disposes with funds specified in paragraph 5 of this Article, in accordance with law.
Seat and organisational units of the Agency
The seat of the Agency is in Belgrade.
The Agency may establish organizational units outside its official seat.
Organisational units specified in paragraph 2 of this Article do not have the status of a legal entity.
Competencies of the Agency
supervises implementation of the National Strategy for Combating Corruption (hereinafter “the Strategy”), the Action Plan for Implementation of the National Strategy for Combating Corruption (hereinafter “the Action Plan”) and sector action plans;
institutes proceedings and pronounces measures for violation of this Act;
rules on conflict of interest;
performs tasks in accordance with the law governing financing of political parties;
issues opinions and directives for enforcing of this Act;
launches initiatives for amending and enacting regulations in the field of combating corruption;
gives opinions related to implementing of the Strategy, Action Plan and sector action plans,
monitors and organises coordination of the government bodies in the fight against corruption;
keeps a register of the officials;
keeps a register of property and income of officials (hereinafter “Property Register”);
extends expert assistance in the field of combating corruption;
cooperates with other government bodies in drafting regulations in the field of fight against corruption;
issues guidelines for developing integrity plans in the public and private sector;
introduces and implements education programs concerning corruption, in accordance with this Act;
keeps separate records in accordance with this Law;
acts on complaints submitted by legal entities and natural persons;
organises research, monitors and analyses statistical and other data on the state of corruption;
in collaboration with competent government bodies monitors international cooperation in the fight against corruption;
performs other tasks set forth by law.
The bodies of the Agency are the Board and the Director.
The Board appoints and dismisses the Director of the Agency, decides on appeals against decisions of the director pronouncing measures in accordance with this Law, adopts the annual report on operation of the Agency which it submits to the National Assembly, performs supervision over the work and property status of the Director, proposes budget funds for operation of the Agency, enacts the Agency Rules of Procedure and perform other tasks set forth under this Act. The Board may, at the proposal of the Director, establish advisory or working bodies of the Agency.
Election Requirements for Member of the Board
A person may be elected member of the Board who meets the general requirements for employment in government administration bodies, holds university degree and has minimum nine years of experience and has not been convicted for a criminal offence making him unworthy to discharge the function of member of the Managing Board.
A member of the Board may not be a member of a political party and is subject to the same duties and prohibitions applicable to officials under this Act, except the ban specified in Article 30, paragraph 1 hereof.
Composition of the Board
The Board shall have nine members.
Members of the Board shall be elected by the National Assembly following the nomination by:
1.the Administrative Committee of the National Assembly;
2.the President of the Republic;
4.the Supreme Court of Cassation;
5.the State Audit Institution
6.the Protector of Citizens and Commissioner for Information of Public Importance, through joint agreement;
7.the Social and Economic Council;
8.the Bar Association of Serbia;
9.the Associations of Journalists of the Republic of Serbia, in mutual agreement.
A candidate for member of the Board who is nominated by nominators specified in para 1, items 8) and 9) may be from the ranks of the nominators.
Term of Office of Member of the Board
The term of office of member of the Board is four years.
The same person may be elected member of the Board twice at most.
Emoluments for the Work of the Board Member
A member of the Board is entitled to monthly remuneration equal to two average monthly net salaries in the Republic of Serbia.
Termination of Office of the Board Member
The office of member of the Board shall terminate with expiration of the term of office, by resignation, permanent incapacity to discharge the function due to illness and on basis of findings of the relevant medical institution and by dismissal.
The nominators are obliged to submit nominations for election of a new member of the Board three months prior to expiry of the term of office.
If the office of a Board member terminates prior to expiry of the term, the nominator is required to submit a list of candidates for a new member to the National Assembly within 30 days from the day of occurrence of circumstances specified in paragraph 1 of this Article.
Dismissal of Board Member
A member of the Board shall be dismissed in case of dereliction of duty, if he/she becomes a member of a political party, discredits the reputation or political impartiality of the Agency, if convicted for a criminal offence making him/her unworthy of the function of member of the Board or if determined that he has committed a violation of this Act.
The procedure to determine whether there are grounds for dismissal of a member of the Board shall be conducted by the Board.
The procedure referred to in para 2 of this article may be initiated following the proposal of the Chairman of the Board, at least three members of the Board, Director of Agency, and/or the nominator of the relevant member.
Decision on dismissal is passed by the National Assembly at the motion of the Board.
The Board may suspend its member who is subject to proceedings to establish whether grounds for dismissal exist.
The Board decides by majority of votes of all its members.
The work of the Board shall be managed by the Chairman, elected by the members of the Board among their number.
The Director shall represent the Agency, manage operation, organise and ensure lawful and efficient discharge of tasks of the Agency, issue decisions on the violation of this law and pronounce measures, prepare the annual report on operations of the Agency, drafts the proposal of budget funds for operation of the Agency, pass general and individual acts, decide on the rights, duties and responsibilities of the Agency staff, enforce decisions of the Board and perform other tasks determined by law.
Election Requirements for Director
The Director may be a person who meets the general requirements for employment in government bodies, holds a degree in law and has minimum nine years of experience, is not convicted of a criminal offence making him unworthy of office of the Director.
The Director may not be a member of a political party and shall be subject to the same obligations and limitations that pertain to officials under this Act.
Public Competition for Election of Director
The Director is elected by public competition announced by the Board.
The public competition is published in the “Official Gazette of the Republic of Serbia” and at least one public media with state-wide coverage.
Term of Office of Director
The term of office of Director is five years.
The same person may not be elected more than twice as Director
Termination of Office of Director
The office of the Director shall terminate with expiration of his term of office, by resignation, if permanently incapacitated to discharge the function due to illness and on basis of findings of the relevant medical institution and by dismissal.
The Board is required to publish a competition for election of a new Director three months before expiry of the term of office.
If the office of Director terminates prior to expiry of the term in office the Board is required to announce a competition for election of a new Director within 15 days from occurrence of circumstances specified in paragraph 1 of this Article.
Dismissal of the Director
The Director shall be dismissed in case of negligent performance of duties, if he/she becomes a member of a political party, discredits the reputation or political impartiality of the Agency, if convicted for a criminal offence making him unworthy of the function or if determined that he/she has committed a violation of this Act.
The procedure to determine whether grounds exist for dismissal of the Director is conducted by the Board.
The procedure specified in para 2 of this article is initiated following the motion of the Board Chairman or at least three members of the Board.
The Agency shall have a Deputy Director, who is selected by public competition by the Agency’s Board.
The term in office of the Deputy Director terminates with election of a new Director.
Provisions of this Act that pertain to the Director shall accordingly apply to the Deputy Director.
Salary of Director and Deputy Director
The Director is entitled to a salary equal to the salary of a minister, and the Deputy Director to a salary equal to the salary of a state secretary.
The Director and Deputy Director are entitled to remuneration in lieu of salary for the period of 6 months beginning from the end of office, in the amount valid on the day of end of office.
The right to salary specified in para 2 of this article shall cease before the expiry of six months if the ex director or deputy director concludes an employment contract or retires.
Secretariat of the Agency
The Agency shall have a Secretariat that will be managed by the Director of the Agency.
Principles for internal organisation and job classification in ministries and special organisations shall apply to the internal organization and job classification of the Agency unless certain operational procedures at the Agency require different type of organization.
The Director, after obtaining the opinion of the Board and with the approval of the National Assembly committee in charge of administration, shall pass the Rules on Internal Organization and Job Classification of the Agency Secretariat.
Status of Secretariat Employees
The regulations pertaining to civil servants and nominated officials shall also apply to the Secretariat employees.
The director may issue a special Code of Conduct for the Secretariat staff.
Obligations of Other Bodies and Organizations
In performing tasks from its purview the Agency shall cooperate with other government bodies and organisations, territorial autonomy and local self-government bodies, public services and other legal entities.
Government bodies and organisations, territorial autonomy and local government bodies, public services and other legal entities with administrative authority shall be required to forward within 15 days, at the request of the Agency, all documents and information necessary to the Agency to perform the tasks from its purview.
Other legal entities with duties defined by the Strategy, Action Plan and Sector Action Plans shall also have the duty to forward documents and information specified in paragraph 2 of this Article.
The Agency shall submit an annual report on its operations to the National Assembly not later than 31 March of the current year for the preceding year.
The report referred in paragraph 1 of this Article also contains a report on implementation of the Strategy, Action Plan and Sector Action Plans.
The Agency may also submit special reports at request of the National Assembly the Agency or at own initiative.
The Agency submits the report specified in paragraph 1 and 2 of this Article to the Government.
III. CONFLICT OF INTEREST
An official shall discharge the duties of public office in a manner that shall not subordinate the public interest to private interests.
An official shall observe the regulations concerning his rights and duties and shall secure and foster and maintain the trust of citizens concerning his conscientious and responsible discharge of public office.
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.
An official must not use public office to acquire any benefit or advantage for himself or any associated person.
Prohibition to Discharge Other Public Office
An official may hold only one public office unless obligated by law or other regulation to discharge several public functions.
As an exception to paragraph 1 of this Article an official may hold other public office with approval of the Agency.
Before accepting another public office or nomination for another public office, the official intending to discharge several public functions concurrently is required to request Agency approval. The official shall attach to the request a positive opinion of the body that has elected, appointed or nominated him to public office.
The Agency is required to pass a decision on the request specified in paragraph 3 of this Article within 15 days of receiving the official’s request. The Agency shall not issue consent for discharge of another public office if discharge of such office compromises discharge of public office held by the official, i.e. represents conflict of interest.
Should the Agency fail to pass a decision on submitted request within the period of time stipulated in paragraph 4 of this Article, the request shall be deemed approved, unless the official is prohibited from concurrent discharging of these two public offices by other regulation separate.
In respect of an official elected, appointed or nominated to another public office contrary to provisions of this Act, the latter function shall cease by force of law.
Holding of Political Party Function
An official may performs a function in political party and participate in its activities if this shall not impede efficient discharge of the public office, provided that such engagement is not prohibited by law.
An official may not use the public resources and public meetings that he attends in capacity of official for promotion of any political parties.
As an exception to paragraph 2 of this Act an official may use public resources for personal security if use of such resources is governed by relevant regulations or decision of the services tasked with security of officials.
An official is required at all times to unequivocally present to his interlocutors and the general public whether he is presenting the viewpoints of the body in which he holds an office or viewpoints of a political organisation.
Engaging in Other Job or Activity
An official may not perform other jobs or engagements during his tenure in public office that requires an employment contract to be signed.
As an exception to paragraph 1 of this Article, an official may engage in research, educational, cultural, humanitarian and sports activities without Agency approval if by doing so he does not compromise efficient and impartial discharge and dignity of public office. An official is required to report incomes from these activities to the Agency.
If the Agency determines that engagement or job referred to in paragraph 2 of this Article compromises impartial discharge of public office or represents a conflict of interest it shall set a deadline wherein the official is required to cease such engagement or job.
In addition to the jobs or engagements specified in paragraph 2 of this Article the Agency may, at request of the official, grant approval for performing other jobs or engagements. A civil servant holding office is required to submit, together with the request, the consent of his direct superior. The Agency is required to decide on the request within 15 days from the day of receiving the request.
If the Agency fails to issue approval within the timeframe referred in paragraph 4 of this Article it shall be deemed that it has given approval to perform other engagement or job.
The Agency may define by general act jobs or engagements for certain categories of public officials that they may engage in without approval referred in paragraph 4 of this Article.
Other law or regulation may prescribe also other jobs or engagements that a public official may not perform during tenure of office.
Engaging in Other Employment or Occupation at the Time of Taking Public Office
An official who at the time of taking of public office is engaged in other employment or occupation, with the exception of jobs or occupations specified in Article 30, paragraph 2 hereof, is required within 15 days of taking office, to request consent from the Agency to continue with such employment or occupation. The Agency is required to decide on the request within 60 days of reception.
If determined that engaging in employment and/or occupation compromises efficient and impartial discharge or dignity of public office and/or represents a conflict of interest, the Agency shall in the decision referred in paragraph 1 set a deadline not exceeding a period of 60 days for the official to terminate engagement in such employment or occupation.
If the Agency fails to take decision within the deadline specified in paragraph 1 of this Article it shall be deemed that consent has been given for engagement in another employment or occupation.
Provisions of this Article do not relate to a member of the Managing or Supervisory Board of public enterprises from the ranks of employees.
The Agency may define by general act jobs or occupations for certain categories of public officials that they may engage in without approval referred in paragraph 1 of this Article.
Duty to notify of conflict of interest
On taking the office and during discharge of public office, the official shall notify in writing his superior and the Agency within eight days regarding any doubts concerning his conflict of interest or an associated person’s conflict of interest.
The Agency may summon the official and request submitting of necessary data, for the purpose in order to obtain information on conflict of interest specified in paragraph 1 of this Article.
Should the Agency establish that a conflict of interest specified in paragraph 1 of this Article exists, it shall accordingly notify the official and the body wherein such official holds public office and propose measures for eliminating conflict of interest.
Provisions of paragraph 1 and 3 of this Article do not preclude application of provisions on disqualification set forth in other laws governing judicial or administrative procedures.
An act whose passing involved the official who was disqualified due to conflict of interest shall be null and void.
Prohibition of Establishing and Holding Of Function in Commercial Company During Tenure of Public Office
During tenure of public office an official may not establish a commercial company or public service, nor commence engagement in private occupation, in terms of the law governing entrepreneurship.
An official may not hold management, supervisory or representative post in a commercial company, institution or other legal entity, unless so provided by law or other regulations.
Membership in Associations and Bodies of Associations
As an exception to Article 33, paragraph 2 hereof an official may hold a post in bodies of professional associations. An official may, with Agency consent, be a member of bodies of other associations.
An official who is a member of an association may not receive reimbursement or gifts deriving from membership in the association, except travel and other costs.
Transfer of Managing Rights for Duration of Public Office
Within 30 days of election, appointment or nomination, an official shall transfer his managing rights in any commercial company to a legal entity or natural person who is not an associated person, which rights shall be discharged by such legal entity or natural person on behalf of the official until termination of his term in office.
Within five days from the date of transfer of the managing rights, the official shall submit relevant data and proof to the competent bodies of the commercial company and the Agency concerning the person to whom the managing rights have been transferred.
The official is required to notify the commercial company of reasons for transfer of managing rights. The person to whom the official has transferred the managing rights shall become an associated person.
An official may not give information, directives and orders to the person to whom the managing rights have been transferred in accordance with provisions of paragraph 2 of this Article, or otherwise influence exercising of rights and duties in the commercial company through such person. The official is entitled to receive information on business operations of the commercial company.
Exceptionally, an official owning up to 3% share in a company is not required to transfer his/her managing rights to another legal entity or natural person.
Duty to Notify the Agency in Public Procurement Procedure
A legal entity in which an official owns more than 20% shares or stock that is taking part in privatization, public procurement or other procedure whose outcome is conclusion of contract with an organ of the Republic, territorial autonomy, local government, other budget spending unit and/or other legal entity founded by an organ of the Republic, territorial autonomy or local government or a legal entity wherein more than 20% of the capital is in public ownership is obliged to accordingly notify the Agency within three days from the day of undertaking the first actions in the procedure, as well as on the final outcome of the procedure within three days of learning of its conclusion.
The Agency shall keep records of the legal entities specified in paragraph 1 of this Article. These records are public.
As an exception to paragraph 5 of this Article an act whose passing involved the official who reported conflict of interest in accordance with this Act shall not be null and void if it was not possible to appoint another person to participate in passing of the act.
Prohibition of Influence on an Official
An official is obliged to promptly notify the Agency of any prohibited influence to which he has been subjected in the course of discharge of a public office.
The Agency notifies the competent body of the official’s allegations referred in paragraph 1 of this Article to institute disciplinary, misdemeanour and criminal proceedings, in accordance with law.
The body specified in paragraph 2 of this Article shall within 30 days from the day of receiving the notification inform the Agency on undertaken measures.
Prohibition of Other Employment or Business Relations Following Termination of Public Office
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 organisation engaged in activity relating to the office the official held, except under approval of the Agency.
The official whose office has ceased shall, prior to employment or business cooperation specified in paragraph 1 of this Article, seek approval of the Agency, which shall pass decision on this request within 15 days.
Should the Agency fail to pass a decision specified in paragraph 2 of this Article within the deadline, it shall be deemed that approval for employment or business cooperation has been given.
The ban referred in paragraph 1 of this Article does not refer to official elected on direct elections.
An official may not accept gifts in connection with discharge of a public office, except for protocol or other appropriate gifts, however, even in such cases the gift may not be in money or securities.
An official is required to hand over the protocol gift to the body competent to manage property in public ownership, unless the value of the gift does not exceed 5% of the value of the average net salary in the Republic of Serbia.
An official may not retain an appropriate gift whose value exceeds 5% of the average monthly net salary in the Republic of Serbia and/or appropriate gifts received during a calendar year whose aggregate value exceeds one average net salary in the Republic of Serbia.
The criteria for establishing what is deemed an appropriate gift and the duty of reporting and recordation thereof is determined by the Agency.
If necessary, the Agency establishes the value of the gift.
An official who has been offered a gift that he is not allowed to accept shall reject such offer or promise and inform the giver that the gift, if accepted, will become public property.
If the official could not reject the gift, he/she shall hand over the gift to the body competent to manage property in public ownership.
An official is required to submit a written report on the event specified in paragraph 1 of this Article to his direct superior and the Agency, as soon as possible.
Duty to Report and Maintain Records of Gifts
An official is obliged to report any gift received in connection with discharge of the public office to the government or other body, organisation or public service wherein he holds public office.
The government or other body, organisation or public service referred in paragraph 1 of this Article are obliged to keep separate records on the gifts specified in paragraph 1 of this Article. A copy of the records for the previous year shall be submitted to the Agency not later than 1 March of the current year.
The Agency shall notify the government or other body, organisation or public service referred in paragraph 1 of this Article of any determined violation of law.
The Agency shall publish a catalogue of the gifts for the previous year and notifications specified in paragraph 2 of this Article by 1 June of the current year.
Prohibition of Receiving Gifts by Associated Person
An associated person may not receive gifts in connection with discharge of the public office of the official with whom such person is associated.
As an exception to paragraph 1 of this Article an associated person may receive a protocolary gift.
An official shall not be held responsible if he can prove that he could not affect the behaviour of the associated person who received the gift or that the gift received is not related to discharge of his public office.
A gift specified in paragraph 1 of this Article shall be subject to provisions of
Articles 39 and 41 of this Act.
V. PROPERTY DISCLOSURE REPORT
The body in which the official holds an office is obliged to notify the Agency that the official has taken office and/or of termination of office, within seven days from the date or taking or termination of office. The Agency shall keep a Register of Officials.
The official is obliged to submit to the Agency within 30 days of election, appointment or nomination, a disclosure report concerning his property and income, or entitlement to use a flat for official purposes, and on the property and income of spouse or common-law partner, as well as of under-age children if they live in the same household (hereinafter “the Report”), on the day o