Ћирилица

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COMPETENCE AND ASSIGNEMENTS

According to the Law on Public Attorney's Office The Public Attorney's Office undertakes legal measures and uses legal instruments in front of courts and other competent bodies, for the purpose of realization of property rights and interests of the Republic of Serbia, it's organs and organizations, as well as other legal persons, the financing of which is being provided from the budget of the Republic of Serbia or other sources provided by the Republic (Article 7).

On the basis of this provision and the provision of the Article 9. of the above mentioned Law, The Public Attorney's Office is the legal representative of the Republic of Serbia in all procedures in front of courts and other bodies in the matters of legal protections of property rights and interests of the Republic of Serbia, it's organs and organizations, as well as other legal persons, the financing of which is being provided from the budget of the Republic of Serbia.

The function of legal representing consists of the right and duty of The Public Attorney's Office to undertake all legal measures in the interest of the represented party, which, in a given procedure, could be undertaken by the represented party itself.

Besides the function of the legal representative, on the basis of specific legal authorizations, The Public Attorney's Office also acts as an independent body of the State. In those cases, in the procedure, The Public Attorney's Office is the party – the plaintiff. These authorizations are provided by the provision of the Article 38. of the Law on Public Property ("Official Herald of the Republic of Serbia" no. 72/11), Articles 13. and 17. of the Law on Trade of Real estate ("Official Herald of the Republic of Serbia" no. 42/98 and 111/09), the Article 11. paragraph 4. of the Law on Administrative Litigations ("Official Herald of the Republic of Serbia" no. 111/09). Having the attribute of the independent body of the State, The Public Attorney's Office also acts according to the provision incorporated in the Article 106. paragraph 2. of the Law on the Public Acquisitions ("Official Herald of the Republic of Serbia" no. 116/08), by which it is determined that The Public Attorney of the Republic of Serbia can, among other persons, submit the petition for the protection of rights in the case of violation of public interest by acts undertaken by the bodies of the State, organizations, public enterprises, founded by the Republic of Serbia, in deadlines anticipated by referring laws. The Law on Planning and Construction ("Official Herald of the Republic of Serbia" no. 72/09, 81/09 – revision and 24/11), also anticipates the competence and the attribute of the party of The Public Attorney's Office as the independent body of the State, in the protection of building land in the public property.

The Law on property restitution and compensation („Official Herald of the Republic of Serbia” no. 72/11), in the Article 39. anticipates that The Public Attorney of the Republic of Serbia is also determined as a party in the procedure of property restitution and compensation. The provisions incorporated in the Article 46. paragraph 2. of the Book of regulations of the Government of the Republic of Serbia („Official Herald of the Republic of Serbia” no. 61/06, 69/08, 88/09, 33/10, 69/10, 20/11 and 37/11) and the Article 13. of the Law on the Public Attorney’s Office, predict that the Public Attorney’s Office provides the legal persons which it represents, with legal opinions on most complex contracts and protocols, decisions, conclusions, resolutions, in the case that such documents refer to the protection of the property rights and interests of the Republic of Serbia, or in the case that contract obligations of the Republic of Serbia are being achieved by such documents.

The Public Attorney’s Office also actively participates in most complex procedures in front of the Arbitration Councils of the International Chamber of Commerce, in the cases that the Republic of Serbia is the defendant party.

In front of the Constitutional Court, the Public Attorney’s Office submits the initiative for estimation of constitutionality and legality of general acts, in situations when the interest of the Republic of Serbia is being jeopardized.

The Public Attorney’s Office may also represent other legal persons by the force of proxy, in situations that interests of those legal persons are not in contradiction with the function that The Public Attorney’s Office executes. The Public Attorney’s Office also reacts in a preventive way, in attempts to amicable settlement before the litigation starts, which is in accordance to the Article 193. of the Law on Civil Procedure.

In the cases the Public Attorney’s Office acts as a legal representative, courts and other bodies are obliged to deliver all documents directly to the competent Public Attorney’s Office. The deliveries which are in contradiction with this Article produce no legal effect (Article 11. of the Law on the Public Attorney’s Office). Regardless to the difference between acting as a legal representative or proxy (holder of power of attorney), all documents are to be delivered to the Public Attorney’s Office. If a delivery is not carried out directly to the Public Attorney’s Office, that means that the Public Attorney’s Office is prevented to act as equal party in the procedure, which represents the essential violation of civil procedure provisions (Article 374. paragraph 2 . item 7. of the Law on Civil Procedure). If a decision is achieved in a contradiction with the provisions concerning delivery, it can be challenged by an appeal for above mentioned reasons.

The Public Attorney’s Office has a right to claim court costs which are calculated by the same Tariff used by the Bar Association . However, the awarded costs are transferred not to the Public Attorney’s Office, but to the State budget.

The function of the Public Attorney’s Office executes the Public Attorney, who is appointed by the Government.

The Public Attorney has deputies, which are appointed by the Government. They execute their duty as a permanent assignment.

The Public Attorney is responsible for his/her work and the work of the Public Attorney's Office to the Government, while the deputies are responsible to the Public Attorney and the Government.

The duties undertaken in the Public Attorney's Office refer to:

• elaborating on civil, extra-judicial, enforceable, administrative, bankruptcy and other proceedings, submitting lawsuits, appeals, revisions, requests for the protection of legality, requests for enforcements of judgments, and other submissions in connection to relating procedures;
• legal representing of the Republic of Serbia, organs and organizations of the State in front of courts and bodies of the State;
• supervising realizations of effective awards and forcing payment of costs;
• giving legal opinions on contracts, decisions and documents related to property rights and giving legal opinions in other property issues;
• maintaining direct contacts with organs and organisations and other legal persons which are being financed from the budget of the Republic of Serbia, related to the duties in the range of the competence of the Public Attorney`s Office;
• undertaking measures for the purpose of amicable settlement before starting a litigation in cases a nature of a dispute alows it;
• submitting lawsuits according to the Law on Trade of Real estate for the annulment of contracts on the basis of which a legal person deprives a real estate from the state or social property, or acquires a real estate to the state or social property, if a price determined by a contract is not in the accordance with the market value of a real estate, which is harmful to the state or social property; submitting lawsuits according to the Law on Administrative Litigations if by an administractive act the rights and interests of the Republic of Serbia are injured;
• undertaking other duties determined by a law or other provision;
• undertaking duties which are in connection with contacts with the public.

The Secretariat exists as a separate internal unit at the Public Attorney` s Office. Within the Secretariat, duties of interest for the entire Public Attorney`s Office are being performed (normative, administrative, financial), and the coordination between the headquarters and the departments is being realized.

The integral part of the Sekretariat is the Registry.