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November 27, 2023

Have You been Informed that a New Law on Public Information and Media was Adopted?

The new Law on Public Information and Media was published in the Official Gazette of the RS no. 92/2023 on October 27, 2023, and came into effect eight days after publication, i.e., on November 4, 2023 (“the Law”). However, certain provisions related to a Unified Information System and parts of the provisions on a Media Registry and a Registry of Media Content Producers will be applicable from January 1, 2025. One of the primary objectives of the Law is the establishment of the Unified Information System for transparent monitoring of co-financing of media projects, the introduction of the Registry of...

November 24, 2023

Abuse of the Right to Temporary Incapacity for Work – Will the Law Amendments Prevent Such Practices?

In the Official Gazette of RS no. 92/2023, dated October 27, 2023, amendments and supplements to the Law on Health Insurance were published, becoming effective on November 4, 2023 ("the Law"). According to the rationale provided in the proposal of these amendments, significant abuses have been observed in exercising the right to temporary incapacity for work. Specifically, personal doctors were establishing temporary incapacity for work for insured individuals beyond recommended durations based on diagnoses, often without appropriate accompanying documentation of additional diagnostic procedures and specialist examinations. Consequently, some insured individuals unjustifiably claimed salary compensation for an extended period during temporary...

November 22, 2023

Tobacco and Related Products in the Light of Amendments of the Law on Tobacco – Is Regulation of Related Products Market Overdue?

The Law on Amendments to the Law on Tobacco (“the Law”) was published in the Official Gazette of the RS no. 92/2023 of October 27, 2023. The subject amendments entered into force on the eighth day upon the day of publishing i.e., on November 4, 2023, with several exceptions. The main reasons for adoption of the Law are the establishment of improved conditions for operation in the market of tobacco and tobacco products, more efficient regulation of manufacturing and trade in tobacco products, as well as the establishment of legal framework that would enable regulated manufacturing and trade in new...

November 20, 2023

New Obligations for Users of the System of Electronic Invoices

Amendments to the Law on Electronic Invoicing (“the Law”) were published in the Official Gazette of the RS no. 94/2023 of October 27, 2023, and entered into force on November 4, 2023. The respective amendments shall be applied as of January 1, 2024, except for the provisions referring to the electronic registration of input tax, which will be applied from August 31, 2024. Electronic registration of input tax The users of the System of Electronic Invoices (“SEF”), which are subject to the value added tax (“the VAT”), will be obliged to electronically register input tax, in addition to the electronic...

October 30, 2023

What is the Deadline for Enacting Decision on Termination of Employment Agreement?

As we have written about in one of our previous texts (available here), the Labour Law (“the Law“) stipulates, among other, that an employee’s employment may be terminated if there is a justified reason pertaining to employer’s needs, i.e., if due to technological, economic or organisational changes the need for certain job ceases or if the workload is reduced. Depending on the circumstances of specific case, notably the number of persons engaged by an employer on full-time basis and the number of redundant employees, an employer may be obliged to enact a program for redundancy resolution. In any case, a...

October 27, 2023

What’s the Cost of Unlawfulness – Part 2

In one of our previous texts (available here) we discussed misdemeanors, hence in order to analyze in more detail legislator’s penalty policy pertaining to legal entities we will here elaborate the economic offences which, along with criminal acts and misdemeanors, also fall into the penalty corpus of our legal system. Specific nature of economic offences is reflected in the fact that they represent more severe law infringements than misdemeanors, but minor than criminal acts. Economic offences in general According to the definition included in the Law on Economic Offences (Official Gazette of SFRY, no. 4/77, 36/77 - corr., 14/85, 10/86...

October 18, 2023

What’s the Cost of Unlawfulness – Part 1

According to the definition contained in the Law on Misdemeanors (Official Gazette of RS no. 65/2013, 13/2016, 98/2016 – decision of CC, 91/2019, 91/2019 – other law and 112/2022 – decision of CC) (“the Law“), misdemeanor is an unlawful act established as misdemeanor by law or other regulation of a competent authority and which is subject to misdemeanor sanctions. In accordance with the above and according to its nature, misdemeanor is unlawful action which, considering its gravity, i.e., consequences, does not represent criminal act (or economic offence). Under the Law, misdemeanors may be prescribed by law or regulation and/or decision...

October 11, 2023

Work for Another Employer as a Measure to Resolve Redundancy – Is Such Redundancy Actually Resolved?

The Labour Law (“the Law”) prescribes, among other, that employee’s employment may be terminated if there is justified reason which refers to employer’s needs and if due to technological, economic or organisational changes the need for certain job ceases or if the scope of work is reduced. In relation thereto, the Law also stipulates that, if it establishes that technological, economic or organisational changes will terminate the need for work of full-time employees and if other legally prescribed requirements are met (with regard to the number of full-time employees engaged by the employer and time period in which the need...

September 28, 2023

Novelties Pertaining to Excise Taxation

The Law on Amendments to the Law on Excise (“the Law”) was published in the Official Gazette of the Republic of Serbia no. 75/2023 of September 6, 2023, and it entered into force on the eighth day after its publishing, i.e., on September 14, 2023, while it shall be applied from October 1, 2023. The reason for enacting the Law is the need to achieve further harmonisation of excise policy with the EU standards in domain of excise policy pertaining to the excise taxation of energy products, tobacco products and alcoholic beverages - both in regard to the scope of...

September 25, 2023

First Fine for Using Google Analytics in the EU

In some of our previous texts (available here and here) we wrote about Google Analytics – a popular service of Google company, which works on basis of cookie placement. As a reminder, these cookies are of analytical nature, i.e., they are used for monitoring users’ behaviour on websites where Google Analytics is activated, which data are subsequently used to prepare reports that help the website owners to adjust content to users’ preferences, often to promote, i.e., sell goods and services. Problematics of using Google Analytics The Decision of the European Court of Justice of July 16, 2020 (so-called Schrems II...

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