Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006Conclusions on the Implementation of the Law onRehabilitation• The Law on Rehabilitation was legally enforced on April 25 th , 2006and 217 requests for rehabilitation arrived until October. Theyprimarily refer to the period after the Second World War and theperiod just after the war. There is still a small number of passeddecisions on rehabilitation;• The Initiative submitted a request for rehabilitation of Senad Sljivoto the Jagodina District Court on May 22 nd , 2006, and the hearingis scheduled for December 28 th , 2006, which is seven months afterthe request was submitted;• If citizens who want to start a rehabilitation procedure do not havethe necessary documentation for the proceedings, it is enough thatthey only submit a request, and competent courts are obliged tocollect the documentation, which is their official duty;• The rehabilitation procedure is freed of taxes and expenses and canbe submitted by any physical and legal person;• The rehabilitation procedure is conducted under provisions ofthe Law on Out-of-Court Proceedings, although the law does notspecify it anywhere. If a specific law does not specify which type ofproceedings is to be applied, the Law on Out-of-Court Proceedingsshall be applied.Recommendations for the Implementation of theLaw on Rehabilitation• The Law on Rehabilitation refers to all violations of rights ofSerbian citizens in the period from 1941 to the date the law is legallyenforced. Citizens whose rights were violated in the near war past,during the 1990s, should submit requests for their rehabilitation orto go to legal persons that will do so in their name;• Authorized courts in Serbia should start rehabilitation proceduremore efficiently so that it does not happen that the hearing isscheduled as many as seven months after the request is submitted;• Citizens should be encouraged to submit requests according toprovisions of the law regulating that rehabilitation procedures are136
Implementation of Transitional Laws in Serbia 2006exempted from expenses and taxes and that the court is obliged toask for necessary documentation that is missing in the requests thatis often hard for citizens to get;• All citizens, as well as other physical or legal persons representingtheir interests in the rehabilitation procedure should consult theNon-litigation Proceedings Law before the hearing so as to learnin more detail the regulations of the proceedings, and since theLaw on Rehabilitation does not explicitly regulates what type ofproceedings is applied for this procedure.137
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Implementation of Transitional Laws in Serbia 2006

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