For the purpose of digitising justice, certain rulebooks have been enacted so as to accelerate executive procedures, facilitate the filing of motion for execution, as well as communication between parties and courts, public enforcement officers and other authorities.

In particular, the following were published in the Official Gazette of RS no. 30/2021 of March 26, 2021:

• Rulebook on the manner of filing motion for execution based on enforceable or authentic document in electronic form and
• Rulebook on electronic submission between public enforcement officer and other authorities.

Both rulebooks entered into force on April 3, 2021.

Filing motion for execution in electronic form

The Rulebook on the manner of filing motion for execution based on enforceable or аuthentic document in electronic form regulates the manner of filing motion for execution in electronic form to justice users, as well as terms for access and registration of users of information system of the ministry in charge of justice.

Justice user is deemed court or public enforcement officer to whom it is submitted the motion for execution through information system.

The requirement for using information system is previous registration and authentication by qualified certificate for electronic signature. The user of information system, in addition to minimum technical requirements for using the information system, needs to provide the qualified certificate for electronic signature i.e. electronic stamp.

Upon receipt of motion for execution, enforceable or аuthentic document and other attachment, the information system generates an automatic certificate of receipt for the motion for execution with reference number, including the date and time of receipt, and the receipt is immediately sent to the party in electronic form.

After the receipt of motion for execution, justice user files and assigns file number of the court or public enforcement records and the party is notified thereof through the information system.

Electronic submission between public enforcement officer and other authorities

The Rulebook on electronic submission between public enforcement officer and other authorities regulates electronic submission of acts and documents between public enforcement officer and other authorities.

Public enforcement officer may electronically submit acts and documents to another authority. Such submission is done through the application that is provided by the ministry in charge of justice.

If the submission was done in such manner, the certificate of receipt of electronic document i.e. certificate of electronic submission is issued by the ministry in accordance with the law regulating electronic submission.

This article is to be considered as exclusively informative, with no intention to provide legal advice. If you should need additional information, please contact us directly.