JURISDICTION OF THE COURTS

JURISDICTION OF THE BASIC COURTS

is regulated in Article 22 of the Law on Organization of Courts ("Official Gazette of the Republic of Serbia" No. 116/08, 104/09, 101/09, 31/11, 78/11, 101/11 and 101/13) and Article 3 Paragraph 2 of the Law on Seats and Territories of the Courts and Public Prosecutors Offices ("Official Gazette of the Republic of Serbia" No. 101/13)

• In the first instance, a basic court adjudicates in criminal offenses for which the main penalty is a fine or imprisonment of up to ten years, including ten years, unless they are assigned to another court, and decides on the petitions for termination of security measures or legal consequences of convictions for offenses within its jurisdiction. 
• In the first instance, a basic court adjudicates in civil disputes, unless they are assigned to another court, and conducts enforcement and non-contentious proceedings that are not under the jurisdiction of another court. 
• In the first instance, a basic court adjudicates in housing disputes; disputes on initiation, existence and termination of employment; the rights, obligations and responsibilities stemming from the employment; on compensation of damages suffered by an employee at work or in relation to work; and in disputes related to fulfillment of the housing needs on the basis of employment. 
• A basic court provides free legal aid to citizens, international legal assistance if it does not fall under the jurisdiction of another court, and performs other duties specified by law. 
• The First Basic Court in Belgrade is responsible for international legal assistance in the territories of ​​the First, Second and Third Basic Courts in Belgrade.

JURISDICTION OF A HIGHER COURT

is regulated by Articles 8a and 23 of the Law on Organization of Courts and Article 4 Paragraph 2 of the Law on Seats and Territories of the Courts and Public Prosecutors Offices

In the first instance, a higher court:

• adjudicates in criminal offenses for which the main penalty is imprisonment for a term exceeding ten years; 
• crimes against humanity and other goods protected by international law; against the Armed Forces of Serbia; disclosure of state secrets; disclosure of official secrets; criminal offenses prescribed by the Law governing the confidentiality of information; calling for a violent change of the constitutional order; incitement of national, racial and religious hatred and intolerance; violation of territorial sovereignty; conspiracy for the purpose of unconstitutional activity; damage to the reputation of the Republic of Serbia; violation of the reputation of a foreign state or international organization; money laundering; violation of the law by a judge, public prosecutor and deputy public prosecutor; endangering the safety of air traffic; manslaughter; rape; sexual intercourse with a helpless person; sexual intercourse by abuse of position; abduction; trafficking in children for the purpose of adoption; violent behavior at sporting events and public meetings; accepting bribes; abuse of position of responsible person (Article 234, paragraph 3 of the Criminal Code); corruption in public procurement (Article 234 Paragraph 3 of the Criminal Code); 
• adjudicates in criminal proceedings against juvenile offenders; 
• decides on petitions for the termination of security measures or legal consequences of convictions for offenses within its jurisdiction; 
• decides on applications for rehabilitation; 
• decides on bans to distribute the press and on dissemination of information by the media; 
• adjudicates in civil disputes when the value of the lawsuit allows the audit; in disputes on copyright and related rights, and the protection and use of inventions, industrial designs, models, patterns, trademarks, geographical indications, integrated circuit topography i.e. topography of semiconductor products, and plant breeders, if this does not fall under the jurisdiction of another court; in disputes on paternity and maternity; disputes for protection from discrimination and harassment at work; disputes about the printing of corrected information and responses to information about violations of the prohibition of hate speech, protection of the right to privacy i.e. the right to personal record, failure to publish information and compensation of damages in connection with the publication of the information; 
• decides in disputes relating to a strike; on collective agreements if the dispute is not resolved through arbitration; on mandatory social insurance if it does not fall under the jurisdiction of another court.

In second instance, a higher court decides on appeals against the decisions of the basic courts:

• on measures that serve to ensure the presence of the defendant; 
• in criminal offenses that carry a fine or imprisonment of up to five years; 
• on decisions in civil disputes; in small claims; in non-contentious proceedings; 
• a higher court conducts proceedings for extradition of accused and convicted persons, provides international legal assistance in proceedings for offenses under its jurisdiction, enforces criminal judgments of foreign courts, decides on the recognition and enforcement of foreign judgments and arbitral awards if not under the jurisdiction of another court, decides on conflicts of jurisdiction of basic courts within its territory, provides and offers help and support to witnesses and injured parties, and performs other duties specified by law; 
• decides on requests for the protection of the right to a trial held within a reasonable period of time in respect of court proceedings conducted before a basic court; 
• only the Higher Court in Belgrade is competent to decide in the first instance on the ban of distribution of the press and the dissemination of information by the media, and to adjudicate in disputes about the publishing of corrected information and responses to information, the violation of the prohibition of hate speech, protection of the right to privacy, or the right to personal records, failure to disclose information and compensation of damages in connection with the publication of information in the territory of the Republic of Serbia; 
• the Higher Court in Belgrade is also competent to act in disputes on copyright and related rights, the protection and use of inventions, industrial designs, models, patterns, trademarks, geographical indications, integrated circuit topography i.e. topography of semiconductor products and plant breeders in the territory of the Republic of Serbia.

Jurisdiction of an appellate court

is regulated by Articles 8a and 24 of the Law on Organization of Courts

An appellate court decides on appeals related to:

• the decisions of the higher courts; 
• decisions of the basic courts in criminal proceedings, if the decision on the appeal does not fall under the jurisdiction of a higher court; 
• decisions of the basic courts in civil disputes, if the decision on the appeal does not fall under the jurisdiction of a higher court; 
• an appellate court decides on conflicts of jurisdiction of the lower courts in its territory if the decision does not fall within the jurisdiction of a higher court, on the transfer of jurisdiction of basic and higher courts when they are prevented or unable to act in a legal matter, and performs other duties specified by law; 
• an appellate court holds joint meetings with other appellate courts and informs the Supreme Court of Cassation on disputable issues of importance to the functioning of the courts in the Republic of Serbia and the harmonization of jurisprudence; 
• an appellate court decides on the request for the protection of the right to a trial held within a reasonable period of time in respect of court proceedings conducted before the higher courts. 

Jurisdiction of the Supreme Court

Jurisdiction of a commercial court

is regulated by Article 25 of the Law on Organization of Courts and Article 5 Paragraph 2 of the Law on Seats and Territories of the Courts and Public Prosecutors Offices

A commercial court acts in the first instance. 

It adjudicates:

• in disputes between the domestic and foreign companies, enterprises, cooperatives and entrepreneurs and their associations (business entities), in disputes arising between business entities and other legal entities performing the activities of economic entities, as well as when one of the parties in the aforementioned disputes is a physical person, if the person is a party to substantive joinder; 
• in disputes on copyright and related rights and the protection and use of inventions, industrial designs, models, patterns, trademarks, geographical indications, integrated circuit topography i.e. topography of semiconductor products and plant breeders, arising between the subjects under Item 1 above; in disputes relating to the enforcement and security within the jurisdiction of commercial courts in disputes relating to the decisions of selected courts, only when they are taken in disputes referred to in Item 1 hereof; 
• in disputes arising from the application of the Company Law or the application of other regulations on the organization and status of business entities, as well as in disputes on the implementation of regulations relating to the privatization and securities; 
• in disputes on foreign investments; ships and aircraft, navigation at sea and on inland waters, and in disputes involving maritime and aviation law, except for disputes that involve carriage of passengers; on the protection of companies; entry into the court register; regarding the reorganization, court ordered and voluntary liquidation and bankruptcy proceedings, except in disputes to establish the existence of employment and termination of employment initiated prior to the initiation of bankruptcy proceedings; 
• a commercial court conducts proceedings for entry into the court register of legal and other entities, if this task is not assigned to another body; conducts bankruptcy and reorganization proceedings; determines and implements enforcement on the basis of valid documents when they relate to an entity referred to in Paragraph 1 Item 1 of this Article; determines and implements enforcement and security of decisions of the commercial courts and decisions of selected courts, only when they are taken in disputes referred to in Paragraph 1 Item 1 this Article; decides on the recognition and enforcement of foreign judgments and arbitral awards rendered in disputes referred to in Paragraph 1 Item 1 of this Article; determines and implements the enforcement and security regarding ships and aircraft; conducts non-litigious proceedings arising from the implementation of the Company Law; 
• a commercial court decides on economic offenses and the related termination of protective measures or legal consequences of convictions; 
• a commercial court provides international legal assistance in matters within its competence and performs other duties specified by law.

Only the Commercial Court in Belgrade is competent to act in disputes concerning copyright and related rights and the protection and use of inventions, industrial designs, models, patterns, trademarks, geographical indications, integrated circuit topography i.e. topography of semiconductor products and plant breeders in the territory of the Republic of Serbia.

Jurisdiction of the Commercial Appellate Court

is regulated by Articles 8a and 26 of the Law on Organization of Courts

• The Commercial Appellate Court decides on appeals against the decisions of commercial courts and other bodies; 
• The Commercial Appellate Court decides on conflicts of jurisdiction and transfer of jurisdiction of commercial courts, provides legal opinions for the purpose of uniform application of the laws, within the jurisdiction of the commercial courts, and performs other duties specified by law; 
• Decides on the protection of the right to a trial held within a reasonable period of time regarding the court proceedings conducted before the commercial courts

The jurisdiction of a misdemeanor court

Is regulated by Article 27 of the Law on Organization of Courts

In the first instance, a misdemeanor court adjudicates in misdemeanor cases, unless they fall under the jurisdiction of an administrative authority; provides international legal assistance within its jurisdiction and performs other duties specified by law.

Jurisdiction of the Misdemeanor Appellate Court is regulated in Articles 8a and 28 of the Law on Organization of Courts:

• The Misdemeanor Appellate Court decides on appeals against the decisions of misdemeanor courts, on appeals against decisions taken by the administrative authorities in misdemeanor proceedings, on the conflict and transfer of territorial jurisdiction of misdemeanor courts, and performs other duties specified by law; 
• Decides on the protection of the right to a trial held within a reasonable period of time regarding the court proceedings conducted before the misdemeanor courts.

Jurisdiction of the Administrative Court

is regulated by Article 29 of the Law on Organization of Courts

• The Administrative court adjudicates in administrative cases, deciding on the legality of individual final acts deciding on the right, duty or interest based on the law, in respect of which in a particular case the law does not provide for different tzpe of court protection; 
• The Administrative Court provides international legal assistance within its jurisdiction and performs other duties specified by law. 

 

COMPOSITION OF THE COURTS

The composition of the court is determined by the law, depending on the jurisdiction of the court and the type of matter.

The composition of the court when acting in civil proceedings is governed by the Civil Procedure Code, and in non-litigious proceedings by the Law on Non-Litigious Proceedings. As regards acting in the criminal matter, the composition of the courts is regulated by the Criminal Procedure Code. In administrative matters, the composition of the courts is determined by the Law on Administrative Disputes. 

In the civil matter, in disputes over violations of personal rights and in disputes stemming from family, labor, commercial, property and other civil-legal relations, except in cases for which a special law prescribes another type of procedure, disputes in the first instance are resolved by panels, unless the law stipulates the acting of an individual judge. 

In civil proceedings, if a panel adjudicates in the first instance, it is composed of one presiding judge and two lay judges. In cases adjudicated by an individual judge, he/she has the authority of the presiding judge i.e. the panel, as stipulated in this law. 

An individual judge acts in:

• Property lawsuits, 
• Housing disputes, 
• Trespassing disputes, 
• Disputes on copyright and related rights, 
• Disputes about the publishing of information and response to information, 
• Disputes on the protection and use of inventions, industrial designs, models, patterns, trademarks, geographical indications, topographies of integrated circuits (topographies of semiconductor products) and the rights of plant breeders, 
• Disputes about discrimination, 
• Disputes about the violation of individual rights 
• Disputes relating to the appointment and dismissal of bodies of legal entities, 
• Disputes relating to collective labor agreements, 
• Consumer disputes, 
• Disputes relating to a strike.

Individual judges conduct the proceedings and decide in cases involving legal aid. 

In the first instance, an individual judge acts in special proceedings arising from employment relations and in commercial disputes. 

If it acts in the second degree, as a rule the court decides in a panel composed of three judges; this also applies to commercial disputes, when the court is deciding in the second degree. 

When the Supreme Court of Cassation decides in the civil matter, it does so in a panel composed of three judges. 

In non-litigious proceedings, an individual judge usually acts in the first instance, except in housing matters involving the rights of occupancy or certain powers that constitute the substance of the occupancy rights. In such cases, the first instance court decides in a panel composed of one judge and two lay judges. 

In criminal matters, the composition of the trial court is regulated by the Criminal Procedure Code. In the first instance, it is stipulated that a single judge acts in criminal offenses punishable by a fine or imprisonment of up to eight years. 

In the preliminary investigation proceedings and in investigations, the decisions are taken by the pre-trial judge. A judge in charge of the enforcement of criminal sanctions decides in the proceedings involving the enforcement of criminal sanctions, as well as in other cases envisaged by law.

In the first instance, the court adjudicates in a panel composed:

• Of one judge and two lay judges for criminal offenses punishable by imprisonment of more than eight and up to twenty years; 
• Of two judges and three lay judges for criminal offenses punishable by imprisonment of thirty to forty years; 
• Of three judges for criminal offenses that fall under the jurisdiction of the special public prosecutor’s office in accordance with a special law.

In the second instance, the court adjudicates in a panel composed:

• Of three judges, unless otherwise provided in the Code; 
• Of five judges for criminal offenses punishable by imprisonment of thirty to forty years, and for criminal offenses that fall under the jurisdiction of the special public prosecutor’s office in line with a special law.

In the third instance, the court adjudicates in a panel composed:

• Of three judges, unless otherwise provided in the Code; 
• Of five judges for criminal offenses punishable by imprisonment of thirty to forty years and for criminal offenses that fall under the jurisdiction of the special public prosecutor’s office. 
• A panel of three judges decides on appeals against the decision of the judge in charge of preliminary proceedings and against other decisions in accordance with the Code; the panel also decides outside of the main hearing and provides recommendations in cases envisaged in this Code or another law; 
• Unless otherwise specified in the law, a higher instance court decides in a panel of three judges in other cases as well; 
• The Supreme Court of Cassation decides on requests for protection of legality in a panel of five judges.

In administrative matters, the administrative disputes are resolved by the Administrative Court. 

In administrative matters, the composition of the court is regulated by the Law on Administrative Disputes. The Administrative Court decides in a panel of three judges, unless the law provides otherwise.