It is well established in today's world that the resolution of civil disputes is a crucial aspect of any legal system both by ensuring justice effectively and enabling continual business relationships to thrive unhindered by excessively long-lasting court proceedings.
As we promised a few weeks ago when we discussed all the interesting aspects of commercial offences as an integral part of Serbian penal law, we shall now take a closer look at the first-instance proceeding and some of the most important segments of domestic and foreign legal entities, as well as their responsible persons, should keep in mind in case they are subjected to a commercial offence proceeding.
The Republic of Serbia applies different taxes to reimbursement payable to engaged individuals depending on their engagement type. Those engaged via employment agreement, are subject to salary tax and those engaged via service agreement are subject to tax on other income. Those engaged via temporary and periodical employment agreements are subject to either salary tax or tax on other income while those engaged on the basis of supplementary work are only subject to tax on other income.
The new Rulebook on the Content of the Business Entities Register and Documents Required for Registration (RS Official Gazette No. 63/23) (hereinafter: "New Rulebook") has entered into force on August 5, 2023, thereby ceasing to be valid Rulebook on the Content of the Business Entities Register and Documents Required for Registration (RS Official Gazette, No. 42/2016) (hereinafter: "Previous Rulebook").
The new amendments to the law on foreigners and the law on the employment of foreigners, which will apply from 1 February 2024 ("Amendments"), significantly simplify and shorten the procedure for employment of foreign citizens in the Republic of Serbia and contribute to increased efficiency of the procedure, which will allow foreigners to be employed in the Republic of Serbia in a very short period of time.
On April 28, 2023, symbolically on the International Day for Safety and Health at Work, the National Assembly of the Republic of Serbia adopted the New Law on Safety and Health at Work (“Official Gazette of the RS”, No. 35/2023 – hereinafter: the New Law), which entered into force on May 7, 2023. The New Law brings a large number of novelties in the field of safety and health at work (hereinafter: OSH), and its main goal is the complete alignment of OSH regulation with European standards, and consequently, a significant reduction in the number of injuries at work and occupational diseases of employees.
Amendments and supplements to the Customs Law, enacted in December 2022, amended the misdemeanour provisions for violations of this law. The amendments introduce greater certainty regarding the misdemeanour liability of importers and customs representatives for submitting customs declarations and accompanying documents with the goal of legitimate conducting of customs procedures. In this article we present our interpretation of the respective amendments.
According to positive regulations in the Republic of Serbia, each party shall present the facts and propose the evidence on which it bases its request or with which it disputes the allegations and evidence of the opponent. The evidence includes all the facts relevant to making a decision. Both in civil and arbitration procedures, the most common means of evidence are documents and testimonies.