LEGAL ACTS IN ENGLISH
 
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Početna | english
Legal Acts in English
Grupa: RULE OF LAW (individual rights and law enforcement)
Izdanje: Niste pretplaćeni - pretplatite se LAW ON ENFORCEMENT AND SECURITY
Published in the Službeni glasnik RS, Nos. 106/15 of 21 December 2015, 106/16 of 28 December 2016 (Authentic Interpretation) and 113/17 of 17 December 2017 (Authentic Interpretation)
Sekcija: Sadržaj

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  • PART ONE
    BASIC PROVISIONS
    • Scope of the Law
    • Meaning of Specific Terms
    • Initiating and Conducting Enforcement Proceedings and Security Proceedings
    • Competence for Effecting Enforcement
    • Formal Legality
    • In Rem Jurisdiction of Courts for Deciding on Enforcement or Security Motion
    • General Territorial Jurisdiction for Deciding on Enforcement or Security Motion
    • Territorial Jurisdiction if Enforcement or Security Motion Specifies Multiple Instruments or Objects of Enforcement or Security
    • Territorial Jurisdiction of the Court for Ruling during the Implementation of Enforcement
    • Territorial Jurisdiction of the Public Enforcement Officer
    • Prohibition of the Party’s Motion for Delegation of the Territorial Jurisdiction of the Court
    • Composition of the Court
    • Recusal of the Judge
    • Literacy and Orality Principle
    • Principle of Urgency and Deadlines
    • Breach of Discipline
    • Ensuring Protection of the Right to a Trial within a Reasonable Time
    • Order of Proceedings and Settlement
    • Prohibition of Disposal of Enforcement or Security Object
    • Settlement of a Single Creditor by Application of Different Laws against Mortgaged Immovable Property
    • Settlement of Multiple Creditors by Application of Different Laws against Mortgaged Immovable Property
    • Enforcement against Property of a Foreign State
    • Decisions in Enforcement Proceedings and Security Proceedings
    • Legal Remedies in Enforcement Proceedings
    • Deadline for Appeal and Objection and Absence of Suspensive Effect of Appeal and Objection
    • Prohibition of Repealing of First Instance Ruling and Referral of Cases to Review
    • Illicitness of Extraordinary Legal Remedies
    • Reinstatement
    • Suspension of Proceedings
    • Identification Information on Enforcement Debtor and Enforcement Creditor
    • Obligation to Provide Information
    • Limitations of Obligation to Provide Information
    • Costs of Proceedings
    • Deciding on Costs of Proceedings
    • Depositing Security
    • Service on the Enforcement Debtor
    • Competence for Service of Process and Direct Service on the Public Enforcement Officer
    • Fine for Contempt of Court, Public Enforcement Officer and Other Participant
    • Mutatis Mutandis Application of the Law Regulating Civil Proceedings
  • PART TWO
    GENERAL RULES OF ENFORCEMENT PROCEEDINGS
    • Chapter One ENFORCEMENT TITLE AND CREDIBLE DOCUMENT
      • 1. Grounds for Rendering the Writ of Execution
      • 2. Enforcement Title Document
      • 3. Credible Document
    • Chapter Two INSTRUMENTS AND OBJECTS OF ENFORCEMENT
      • Instruments of Enforcement
      • Enforcement Objects
      • Principle of Proportionality
      • Multiple Instruments and Objects of Enforcement
      • Amending and Adding Instruments and Objects of Enforcement
    • Chapter Three ENFORCEMENT MOTION AND WRIT OF EXECUTION
      • 1. Enforcement Motion
      • 2. Writ of Execution Based on Enforcement Title or Credible Document
      • 3. Ruling Having the Effect of the Writ of Execution
    • Chapter Four APPEAL
      • 1. Appeal against the Decision Rendered upon the Motion for Enforcement based on Enforcement Title Document
      • 2. Appeal of the Enforcement Debtor against the Writ of Execution
      • 3. Appeal against Other Court Rulings and Public Enforcement Officers’ Decisions
      • 4. Objection and Appeal against the Ruling on the Motion for Enforcement Based on the Credible Document
        • а) Basic Provisions, Objection and Appeal
        • b) Objection and Appeal of Enforcement Debtor
        • c) Contesting the Writ of Execution Based on Credible Document only in Part Compelling the Enforcement Debtor to Settle the Monetary Claim
        • d) Contesting the Writ of Execution Based on Credible Document Only in Part Specifying Instrument and Object of Enforcement
        • e) Contesting the Writ of Execution Based on Credible Document in its Entirety
      • 5. Third Party Objection
    • Chapter Five COUNTER-ENFORCEMENT
      • Motion for Counter-enforcement
      • Competent Court
      • Reasons for Counter-enforcement
      • Procedure on Motion for Counter-enforcement
      • Contents of Ruling on Adoption of Motion for Counter-enforcement and Appeal
      • Impossibility of Counter-enforcement
      • Mutatis Mutandis Application to Third Parties
    • Chapter Six ADJOURNMENT OF ENFORCEMENT
      • Adjournment upon Enforcement Creditor’s Motion
      • Agreement of the Parties on Adjournment
      • Adjournment of Enforcement upon Enforcement Debtor’s Motion
      • Adjournment upon the Motion of a Third Party
      • Period for Deciding and Objection
      • Effects of Enforcement Adjournment
      • Enforcement Adjournment Period
      • Continuation of Adjourned Enforcement
    • Chapter Seven COMPLETION OF ENFORCEMENT PROCEEDINGS
      • Manners of Finalizing Enforcement Proceedings
      • Discontinuation of Enforcement Proceedings
      • Closure of Enforcement Proceedings
    • Chapter Eight FINES
      • Levying Fines
      • Replacing Fine with Imprisonment
    • Chapter Nine IMPLEMENTATION OF ENFORCEMENT
      • Commencement of Enforcement Implementation
      • Limits of Enforcement
      • Satisfaction of Enforcement Creditor Prior to Finality of Writ of Execution Based on Enforcement Title Document
      • Implementation of Enforcement by Public Enforcement Officer and Court
      • Mediation Duties of Public Enforcement Officer
      • Relationship of Enforcement Creditor and Pubic Enforcement Officer
      • Replacement of Public Enforcement Officer
      • Impediment of Public Enforcement Officer to Continue Enforcement
      • Period of Implementation of Enforcement
      • Procedure for Implementation of Enforcement
      • Request for Police Assistance
      • Police Actions upon Request for Assistance
      • Posting a Wanted Circular for Enforcement Debtor
      • Posting the Announcement
      • Costs of Providing Police Assistance and Taking Police Actions
      • Irregularities in Implementation of Enforcement
      • Merits of Request for Elimination of Irregularities
  • PART THREE
    ENFORCEMENT FOR SETTLEMENT OF MONETARY CLAIM
    • Chapter One ENFORCEMENT ON IMMOVABLE PROPERTY
      • 1. General Rules
      • 2. Sale of Immovable Property
        • а) Method of Sale of Immovable Property
        • b) Sale of Immovable Property by Public Auction
        • c) Sale of Immovable Property by Direct Agreement
        • d) Settlement by Transfer of Ownership Right over Immovable Property
        • e) Other Provisions on Sale of Immovable Property
      • 3. Settlement
      • 4. Special Provisions on Settlement of Specific Claims
      • 5. Special Provisions on Enforcement Proceedings on Immovable Property that is not entered into the Cadaster of Immovable Property
      • 6. Special Provisions on Joint Sale of Immovable Properties and Movable Assets
    • Chapter Two ENFORCEMENT ON MOVABLE ASSETS
      • 1. General Rules
      • 2. Inventory and Appraisal of Movable Assets
      • 3. Sale of Movable Assets
        • а) Methods of Sale of Items and Conclusion on Sale of Items
        • b) Sale by Public Auction
        • c) Enforcement Creditor’s Right of Choice after Unsuccessful Second Public Auction
        • d) Sale of Item by Direct Agreement
        • e) Settlement by Transfer of Ownership Right over Item
        • f) Other Provisions on Sale of Movable Assets
      • 4. Settlement
    • Chapter Three ENFORCEMENT ON ENFORCEMENT DEBTOR’S MONETARY CLAIMS
      • 1. General Rules
      • 2. Attachment of Enforcement Debtor’s Claims and Acquiring the Right of Pledge
      • 3. Transfer of Monetary Claim of Enforcement Debtor
        • а) General Rules
        • b) Transfer of Monetary Claim for Collection
        • c) Transfer of Monetary Claim in Lieu of Fulfilment
    • Chapter Four ENFORCEMENT AGAINST WAGES AND OTHER PERMANENT MONETARY INCOME
      • Application of Provisions. Concept of Wages
      • Writ of Execution
      • Increase of Wages
      • Satisfaction of Enforcement Creditors of Statutory Maintenance and Annuity
      • Priority Settlement of Statutory Maintenance and Annuity Claims
      • Place of Payment
      • Change of Employer
      • Liability of Employer for Failure to Pay Matured Instalments
      • Liability of Employer for Enforcement Creditor’s Damages
      • Attachment with Consent of Enforcement Debtor (Administrative Order)
      • Other Permanent Monetary Income of Enforcement Debtor
    • Chapter Five ENFORCEMENT ON MONETARY FUNDS ON THE ACCOUNT OF ENFORCEMENT DEBTOR
      • Extent of Enforcement against Bank Account of Enforcement Debtor
      • Additional Contents of Motion for Enforcement
      • Writ of Execution
      • Collection of Future Periodic Payments
      • Temporary Suspension of Enforcement
      • Implementation of Enforcement against Joint Debtors
      • Suspension of Enforcement Proceedings
      • Returning the Writ of Execution
    • Chapter Six ENFORCEMENT AGAINST SAVINGS DEPOSIT
      • Enforcement Actions
      • Additional Contents of Motion for Enforcement
      • Attachment of Funds and Settlement
    • Chapter Seven ENFORCEMENT AGAINST FUNDS ON ENFORCEMENT DEBTOR’S CHECKING ACCOUNT
    • Chapter Eight ENFORCEMENT OF MONETARY CLAIMS AGAINST FINANCIAL INSTRUMENTS, STAKES IN COMPANIES, AND SECURITIES
      • 1. Enforcement of Monetary Claims against Financial Instruments
      • 2. Enforcement on Company's Stakes
      • 3. Enforcement on Securities
    • Chapter Nine ENFORCEMENT OF CLAIMS OF ENFORCEMENT DEBTOR BY SURRENDERING IMMOVABLE PROPERTY OR SURRENDERING OR DELIVERING MOVABLE ASSETS
      • 1. General Provisions
      • 2. Movable Assets
      • 3. Immovable Property
  • PART FOUR
    ENFORCEMENT WITH THE AIM OF REALIZING NON-MONETARY CLAIMS
    • Chapter One COURT PENALTIES
      • Territorial Jurisdiction
      • Ruling on Levy of Court Penalties
    • Chapter Two SURRENDER OF MOVABLE ASSETS
      • 1. Territorial Jurisdiction
      • 2. Surrender of Individually Identified Movable Assets
      • 3. Delivery of Replaceable Assets
    • Chapter Three VACATING AND SURRENDER OF IMMOVABLE PROPERTY
      • Territorial Jurisdiction
      • Enforcement Actions
      • Effecting Enforcement
      • Removal of Movable Assets
      • Sale of Movable Assets
      • Enforcement for Collection of Costs of Enforcement Creditor
    • Chapter Four ENFORCEMENT OF ACTION, OMISSION OR SUFFERANCE
      • Territorial Jurisdiction
      • Action that May be Performed by Another Party
      • Advance on Costs of Action
      • Final Costs of Action Which May be Performed by Another Party
      • Action that May be Performed Only by Enforcement Debtor
      • Omission and Sufferance
      • Enforcement for Reinstatement
      • Repeated Trespassing
      • Right to Compensation for Damages
    • Chapter Five ENFORCEMENT OF RULINGS PERTAINING TO FAMILY RELATIONS
      • 1. Surrender of Child
      • 2. Enforcement for the Purpose of Maintaining Personal Relations with Child
      • 3. Enforcement for the Purpose of Protection against Domestic Violence, Protection of the Child’s Rights and Other Decisions Pertaining to Family Relations
    • Chapter Six ENFORCEMENT FOR REINSTATEMENT OF EMPLOYEE TO WORK
      • Territorial Jurisdiction
      • Deadline for Filing the Motion for Enforcement
      • Manner of Enforcement
      • Compensation of Lost Wages in Case of Return of the Employee to Work
      • Possibility of a Litigation Procedure
    • Chapter Seven ENFORCEMENT OF RULING ON DISTRIBUTION OF JOINTLY OWNED ASSETS
      • Territorial Jurisdiction
      • Physical Distribution
      • Distribution by Sale of Assets
      • Expenses of Enforcement Proceedings
    • Chapter Eight OBTAINING STATEMENT OF WILL
      • Unconditional Claim
      • Conditional Claim
  • PART FIVE
    COLLECTION OF MONETARY CLAIMS STEMMING FROM UTILITY AND RELATED ACTIVITIES
    • 1. Basic Provisions
    • 2. Objection of Enforcement Debtor
      • a) Basic Provisions
      • b) Contesting the Decision only in Part Based on Which Enforcement Debtor is Obliged to Settle Monetary Claim
      • c) Dismissal of Writ Solely in Part Specifying the Instruments and Object of Writ
      • d) Contesting the Writ in its Entirety
  • PART SIX
    SECURUITY
    • Chapter One GENERAL RULES
      • Instruments of Security
      • Motion for Security
      • Motion for Security by Preliminary and Interim Measures
      • Multiple Preliminary and Interim Measures
      • Deciding on Motion for Security
      • Exclusive Competence of the Court for Issuing Rulings and Conclusions on Depositing a Security
      • Contents of Rulings on Security
      • Submission of Ruling on Preliminary and Interim Measures
      • Effect and Enforcement of Ruling on Security
      • Appeal and Objection in Security Proceedings
      • Special Processing Rules on Security Proceedings
      • Illicitness of Security
      • Mutatis Mutandis Application
    • Chapter Two RIGHT OF PLEDGE ON IMMOVABLE PROPERTY AND MOVABLE ASSETS BY AGREEMENT OF PARTIES
      • Territorial Jurisdiction
      • Motion for Security
      • Sitting and Agreement of Parties
      • Mutatis Mutandis Application
    • Chapter Three RIGHT OF PLEDGE ON IMMOVABLE PROPERTY AND MOVABLE ASSETS BASED ON MONETARY CLAIM FROM ENFORCEMENT TITLE DOCUMENT
      • 1. Instituting Right of Pledge on Immovable Property
      • 2. Institution of Right of Pledge on Movable Assets by Entry into the Pledge Register
    • Chapter Four PRELIMINARY MEASURES
      • Territorial Jurisdiction
      • Requirements for Imposing a Preliminary Measure
      • Presumed Risk to Claim
      • A Preliminary Measure for Securing Instalments Which Have not Matured
      • Contents of a Ruling on Preliminary Measure. Duration of Preliminary Measure
      • Extension of Duration of a Preliminary Measure
      • Removal of a Preliminary Measure
      • Types of Preliminary Measures
      • Sale of Deposited Movable Assets and Transfer of Claims of Enforcement Debtor
    • Chapter Five INTERIM MEASURES
      • 1. General Provisions
      • 2. Types of Interim Measures for Securing Monetary Claims
      • 3. Types of Interim Measures for Securing Non-Monetary Claims
    • Chapter Six COURT BAN REGISTRY
      • 1. Basic Provisions
      • 2. Registration Procedure
      • 3. Effect of Registration in the Registry on Third Parties
  • PART SEVEN
    PUBLIC ENFORCEMENT OFFICERS
    • Chapter One GENERAL PROVISIONS
      • 1. Fundamentals of Status of Public Enforcement Officers
      • 2. Commencement of Office of the Public Enforcement Officer
      • 3. Termination of Public Enforcement Officer’s Activity
      • 4. Incapacity of a Public Enforcement Officer to Perform Activities and Interim Deputy of a Public Enforcement Officer
    • Chapter Two POWERS AND DUTIES OF PUBLIC ENFORCEMENT OFFICERS
      • Most Important Powers of Enforcement Officers
      • Adherence to Law and Court Rulings and Keeping of Business Secret
      • Reasons for a Recusal of Public Enforcement Officer
      • Incompatibility
      • Obligation of Adherence to the Ethical Code of Public Enforcement Officers and the Standards of Professional Conduct of Public Enforcement Officers
      • Liability for Damage
      • Obligation of Professional Development of Public Enforcement Officers and Initial Training
      • Public Enforcement Officer’s Accounts
      • Obligation of Reporting on Property
      • Annual Report on Operations of a Public Enforcement Officer
      • Obligation of Recordkeeping Requirements on Enforcement and Security Proceedings and Financial Operations
      • Paying the Membership Fee to the Chamber
    • Chapter Three DEPUTY AND ASSISTANT PUBLIC ENFORCEMENT OFFICERS
      • Deputy Public Enforcement Officer
      • Accountability of the Public Enforcement Officer and the Deputy
      • Appointment of a Deputy Public Enforcement Officer
      • Mutatis Mutandis Application of Provisions on Public Enforcement Officer
      • Assistant Public Enforcement Officer
    • Chapter Four REGISTRY OF PUBLIC ENFORCEMENT OFFICERS AND DEPUTY PUBLIC ENFORCEMENT OFFICERS; REGISTRY OF PUBLIC ENFORCEMENT OFFICER PARTNERSHIPS
      • Registry of Public Enforcement Officers and Deputy Public Enforcement Officers
      • Registry of Partnerships
      • Amendment to Data
    • Chapter Five CHAMBER OF PUBLIC ENFORCEMENT OFFICERS
      • Term
      • Chamber’s Scope of Work
      • Chamber Operating Funds
      • Chamber Bodies
      • Chamber Assembly
      • Executive Board of the Chamber
      • Supervisory Board of the Chamber
      • President of the Chamber
      • Articles of Association and Other Regulations and General Acts of the Chamber
      • Supervision of Chamber's Operation
    • Chapter Six SUPERVISION OF THE ACTIVITIES OF PUBLIC ENFORCEMENT OFFICERS
      • Ministry's Supervision of the Activities of Public Enforcement Officers
      • Supervision of Public Enforcement Officers’ Operation by Chamber
    • Chapter Seven DISCIPLINARY ACCOUNTABILITY OF PUBLIC ENFORCEMENT OFFICERS
      • 1. Disciplinary Accountability and Disciplinary Infractions
      • 2. Disciplinary Measures
      • 3. Disciplinary Prosecutor of the Chamber
      • 4. Disciplinary Committee
      • 5. Disciplinary Proceedings
      • 6. Statute of Limitations
      • 7. Enforcement of Fine
      • 8. Deleting the Imposed Measure from the Records
  • PART EIGHT
    TRANSITIONAL AND FINAL PROVISIONS
    • Initiated Proceedings
    • Repeal of the First Instance Decision upon Entry into Force of This Law
    • Statement of Enforcement Creditors
    • Continuing the Work of a Public Enforcement Officer and Deputy Enforcement Officer. Taking the Bar Examination
    • Deadline for Adoption of Regulations
    • Termination of Effect of the Previous Law
    • Entry into Force of This Law
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