Alignment of Registered Bidders with the New Law on Public Procurement Until 1 July 2020

On 23 December 2019, the National Assembly of the Republic of Serbia enacted the new Law on Public Procurement (hereinafter: the Law) and most of its provisions will start to apply from 1 July 2020. Electronic application The new legal solutions introduce significant reduction and simplification of procedures in the field of public procurement, notably by introducing electronic application through new Public Procurement Portal, which reduces administrative burden both on the side of bidders and on the side of procurers, and particularly as regards the reduction of bidding cost for small and medium-sized enterprises that may not have adequate administrative...

E-Commerce During and After COVID-19 Crisis in Serbia

The period of stricter measures and staying at home due to lockdown during fight against COVID-19 disease showed full potential of e-commerce and practical application of new legal solutions of the Law on E-commerce after further alignment with EU regulations. Namely, e-commerce that is realised by offering, ordering and selling goods/services through the Internet, as one of the forms of retail and provision of services in terms of the Law on Trade, has been breaking the records in scope since March, both in Serbia and worldwide. E-commerce is particularly realised through electronic sale of goods/services through e-shops, e-commerce platforms or...

Contractual Risk Management – Clauses on Extension, Exclusion and Limitation of Damage Liability

Entities regularly enter into contractual relationships striving to exercise the rights and obligations specific for a particular relation, in a manner previously defined by the meeting of minds within the limits of mandatory regulations, public order and best practice. When concluding a contract and exercising rights and obligations from such relationship, the parties shall abide by the principles of fairness and diligence. Article 17 para. 1 of the Law on Contracts and Torts of the Republic of Serbia (“LCT”) stipulates that the parties in a contractual relationship shall be obliged to fulfil their obligation and that they shall be responsible...

The Die is Cast – New Law on Games of Chance Adopted

The new Law on Games of Chance was published in the “Official Gazette of RS” no. 18/2020 of 3 March 2020 and entered into force on 11 March 2020, whereas its application has started on 11 April 2020 including the deadlines for operators to adjust their businesses accordingly. Socially responsible operation The new law solutions create a more efficient legal framework for socially responsible organisation of games of chance by their operators, including, inter alia, specifying and amending previous advertising methods for games of chance. The advertisements now have to contain prohibitions for minors and warnings on prevention of gambling...

Do you Track Company Vehicles by GPS?

The Supreme Court of Austria has recently passed a decision whereby it ordered an employer to compensate the employee for non-material damages in the amount of EUR 2,400.00 (cca EUR 400.00 per month of monitoring), as the company vehicle used by the employee was equipped with GPS system for monitoring without appropriate legal ground. The court deemed that the use of GPS tracking system affected the employee’s privacy and thus created basis for damage compensation. “By using the GPS positioning system in the plaintiff's company vehicle during his working hours (and leisure time), the defendant unlawfully and culpably (intentionally) encroached...

COVID-19 Crisis Without Impact on Deadline for Filing the Application for Annual Individual Income Tax

The Ministry of Finance published an official explanation relating to annual individual income tax for 2019. The legal framework remained unchanged compared to previous years and there will be no postponing of deadline for filing the application as a result of current COVID-19 crisis – the application shall be filed no later than 15 May 2020. In the following text you can see whether you are obliged to file the application this year and if so, in what manner. Non-taxable amount for 2019 Annual individual income tax is payable by natural persons whose income in a calendar year was greater...

UPDATE No. 3: Key Regulatory Novelties Relating COVID-19

At its session of 24 April 2020, the Crisis Response Team to Curb Infectious Disease COVID-19 passed a Decision recommending all business entities, notably those in production business, to continue working in full capacity whilst respecting preventive measures relating to prevention of spreading of infectious disease COVID-19, so as to ensure safety for their staff and users of their services. Intensive regulatory activities relating to COVID-19 crisis continued in the previous week as well. In the text below we shall outline the key novelties: a. Regulation amending the Regulation on fiscal benefits and direct payments for economic entities in private...

New Deadlines for Holding the Annual Session of the General Meeting of Company and Submission of Financial Statements Due to COVID-19 Crisis

On April 16, 2020, the Government of the Republic of Serbia adopted the Regulation on delaying the deadlines for holding ordinary session of the general meeting of company and for submission of annual and consolidated financial statements of companies, cooperatives, other legal entities and entrepreneurs, as well as deadlines for filing the tax returns for corporate income tax and self-employment tax, the validity of licenses of certified auditors and licenses for assessing the value of real estate that expire during the state of emergency resulted by the COVID-19 disease caused by the SARS-CoV-2 virus. An overview of the new deadlines is...

Economic Measures, Fiscal Benefits and Direct Payments for Economic Entities as a Result of COVID-19 Crisis

At the session of the Government of the Republic of Serbia held on 10 April 2020, a set of regulations was adopted for implementation of the announced economic measures of support to the private sector. Regulation on fiscal benefits and direct payments for economic entities in private sector and financial assistance for citizens with a view to mitigating economic impact of COVID-19 disease. Fiscal benefits and payments refer to economic entities in private sector i.e. all resident legal entities, all resident entrepreneurs, branches and representative offices of foreign legal entities. Legal entities in private sector may use fiscal benefits and...

UPDATE No.2: New Regulations and Measures Relating to the Coronavirus Disease (COVID-19) Emergency

Given that the state of emergency is still in force in the Republic of Serbia, new regulations are still being adopted and new measures announced for adjustment to the new situation and remedying its anticipated effects. Here are the key novelties from the past few days: a. Economic measures The Minister of Finance presented the Programme of economic measures to support the economy in the total amount of EUR 5,1 billion. Among other, the programme includes tax measures, direct assistance for private sector, measures for preserving liquidity and moratorium (ban) on dividend payment. The Ministry announced that the application of...