Serbia - Autoridad Central (art. 2)

Central Authority(ies):

Ministry of Justice

Contact details:

Address: Ministry of Justice of the Republic of Serbia
Sector for international legal assistance
Department for international legal assistance in civil matters
Nemanjina 22/26 Str.
11000 Belgrade
Republic of Serbia
Telephone: +381 11 2685 672
+381 11 3631 078
Fax: +381 11 3622 352
E-mail: mlacivil@mpravde.gov.rs
General website: www.mpravde.gov.rs
Contact person: Ms Maja Cvetanović
Ms Sanja Kos
Ms Ružica Lazović
Languages spoken by staff: Serbian, English

 

Practical Information

Blocking statutes:  

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: The courts, public enforcement officers and notary public send letters of request from the Republic of Serbia to the Central Authority of the requested State. Competent Authorities from other countries send the letters of request to the Central Authority of the Republic of Serbia (Ministry of Justice).
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Court Employees of the requesting State can be present in the execution of the Request in the Republic of Serbia after having obtained permission from the Ministry of Justice. See declarations.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
 
Translation requirements
Arts 4(2) and 33):
The Republic of Serbia has made a reservation as to the application of Article 4(2) in accordance with Article 33. Therefore, the Letter of Request submitted to the Central Authority of the Republic of Serbia must be drafted in Serbian language, or accompanied by a certified translation into Serbian language
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
 
Time for execution:  
Pre-trial discovery of documents
Art. 23):
No declaration.
Information about domestic rules on the taking of evidence:  Taking of evidence is regulated by Articles 228-288 of Civil Procedure Law ("OfficialGazette of the RS", No. 72/2011, 49/2013 –CC decision, 74/2013 –CC decision, 55/2014, 87/2018 i 18/2020).

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Not specified in the Civil Procedure Law.
Is it a public or private hearing? Civil Procedure Law prescribes that the hearings are public and only persons older than 16 years may attend the hearing, unless otherwise determined by the law.

The court may exclude the public from the whole trial or its part if it is required by reasons of national security, public security, moral, public policy, privacy of the parties involved or when determined by the law. The court may also exclude the public in case when measures for maintaining the order provided under this law would not be sufficient to secure that the proceedings are conducted without disruption.

Exclusion of the public does not apply to the parties, their legal representatives, attorneys and intervenors. The court may allow certain officials as well as scientists and public officials to attend the trial where the public has been excluded, if in the interest of their official activity, scientific or public office The court may allow, upon the motion of a party, presence of two persons at most, designated by such party.

The court will warn persons attending the trial where public is excluded that they are obliged to keep confidential all they learn at the trial, and instruct them about consequences of the breach of such confidentiality.

The court shall decide about exclusion of the public in the form of a ruling that must contain the statement of reasons and must be publicly pronounced. No special appeal is allowed against the ruling on exclusion of the public.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No
Are documents produced by the witness authenticated by the court? Yes, in the case of doubt.
Is an oath generally administered to the witness? No
Can the witness be made subject to further examination and recall? Yes
Are there sanctions for non-appearance of witness? Yes
Must interpreters who assist with the witness examination be court-certified? Yes
How is the testimony transcribed? By means of written (typed) or stenographic transcript, or by means of audio /video recording.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable
Article 16 Applicable
Article 17 Applicable
Article 18 Applicable

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  

Other Information

Bilateral or multilateral agreements Agreement between the Republic of Serbia and Montenegro on Mutual Legal Assistance in Civil and Criminal Matters of 29 May 2009 (Official Gazette of the RS –International Treaties, No 1/10

Agreement on Mutual Legal Assistance in Civil and Criminal Matters between the Republic of Serbia and the Republic of Macedonia of 29November 2011 (Official Gazete of RS –International Treaties, No 5 of 22 November 2012)

Agreement on Mutual Legal Assistance in Civil and Criminal Matters between the Republic of Serbia and the Republic of Slovenia of 15 April 2011 (Official Gazete of RS – International Treaties, No 5 of 22 November 2012)

All three agreements allow court-to-court (and other authorised authorities) performance of certain procedural actions (hearing of parties, witnesses, taking of hereditary statements, etc.)

Agreement between the Republic of Serbia and Bosnia and Herzegovina on amendments and supplements to the Agreement between Serbia and Montenegro and Bosnia and Herzegovina on legal assistance in civil and criminal matters of 26 February 2010

This agreement allows court-to-court (and other authorised authorities) service for providing legal assistance in administrative matters, as well as for submitting an invitation for probate hearing or taking a hereditary statement in probate proceedings
Useful links: https://www.mpravde.gov.rs/tekst/25261/bilateralni-sporazumi-u-gradjanskim-stvarima-.php
https://portal.sud.rs/cr/medjunarodna-pravna-pomoc-(judicial-atlas)
Competent authorities (Art. 8) See here.
Additional authorities (Art. 18)  See here.

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