In accordance with Article 12 paragraph 1 and Article 78 Law on Associations (Official Gazette 51/09), Article 48 Rules on Administration of the Public Prosecutor’s Office (Official Gazette no. 110/2009, 87/10, 5/12, 54/17, 14/18 and 57/19) and Article 59. Law on Public Prosecutor’s Office (Official Gazette 10/23) and Article 23 of the Statute of the Prosecutors Association of Serbia, the Assembly of the Prosecutors Association of Serbia, considering the idea of a natural right to organize people as an extension of personal freedom that belongs to everyone, the tradition of the legal foundation created in Serbia adoption of the meetings and associations 1881st and the international instruments – particularly the right of association in Article 20 of the Universal Declaration of Human Rights (1948) and Article 22 of the International Covenant on Civil and Political Rights (1966) the Associations Assembly adopts on November 17th, 2023 the following
STATUTE
Prosecutors Association of Serbia
I GENERAL PROVISIONS
The area of achieving goals
Article. 1.
Prosecutors Association of Serbia (hereinafter referred to as the Association) is a voluntary, expert, non-government, non-political party and professional organization founded to achieve the objectives in the law field and improve the profession’s status.
The objectives of the Association
Article 2.
The objectives of the Association are:
1. Care about improving regulations on the organization and work of the prosecution and judiciary, and other regulations relevant to the Public Prosecutor’s Office;
2. Commitment to the independence of public prosecutors and the independence of the work of public prosecutors and deputy public prosecutors in the performance of public prosecution office;
3. Raising public confidence in the work of the Public Prosecutor’s Office and the professional ethics;
4. Commitment to improving the material status of the public prosecution and public prosecutors (enhancing the reputation and material status of the public prosecution office);
- Affirmation of the law as a profession and science;
6. Improving efficiency and more complete realization of the public prosecution authority, particularly in combating organized crime and corruption;
7. Devotion to harmonization of the judicial and criminal justice system of the Republic of Serbia with the European Union as a relevant International Standard;
8. Cooperation with professional associations as well as non-governmental organizations whose aims are by the goals of the Association;
9. Participation in the work of the European Association of Judges and Prosecutors for Freedom and Democracy and the International Association of Prosecutors,
10. As well as other objectives that contribute to the establishment of the rule of law and public confidence in judicial institutions
Achievement of objectives
Article 3
To achieve all objectives, the Association:
– Protects the right to perform the function of public prosecution independently and impartially;
– Protects the reputation and dignity of the profession of public prosecution, as well as the personality of public prosecutors;
– Amends the provisions of the Constitution of the Republic of Serbia on the public prosecutor and the judiciary, as well as revises laws and other regulations in the field of justice and the criminal justice system of the Republic of Serbia, to achieve independence of the judiciary, the functional independence of public prosecutors and effective suppression of all forms of crime and establishing the rule of law;
– Initiates and organizes public and professional discussion of relevant legal regulations and the prosecutor’s practice;
– Publishes professional publications and publications on law and judicial issues;
– Organizes professional consultations, seminars, lectures, and other forms of vocational and professional training of Association members ;
– Awards prizes and awards for successful professional work;
– Cooperates with other associations and NGOs;
– Performs other activities to achieve the objectives of the Association.
Name of the Association
Article 4
The name of the Association is the Prosecutors Association of Serbia.
The name of the Association is in Serbian and Cyrillic.
The Association will use short names in the legal operations as follows: “Prosecutors Association of Serbia.”
The name in English is also registered – Prosecutors Association of Serbia.
Capacity, registered headquarters, and sign of the Association
Article 5
The association is a legal entity.
The association carries out its activities in the Republic of Serbia.
Prosecutors Association of Serbia is a legal entity.
The headquarters of the Association is in Belgrade, Resavska Street 16a.
The sign of the Association contains styled Cyrillic letters UTS to the letter ” T ” is represented as a black sword, there are the colors of the Serbian flag on the handle, and a green bay leaf is wrapped around the blade of the sword and the stylized letter “U” is on the left of the cross and the stylized letter ” S ” is on the right side of the cross guard.
The seal of the Association
Article 6
The Association’s stamp is in Serbian and English.
Seals are circular with a diameter of 32 mm.
The text of the stamp in Serbian is “Prosecutors Association of Serbia, Belgrade, Resavska 16a”.
The text stamp in English is “Prosecutors Association of Serbia., Belgrade, Resavska 16a”.
The texts are written in concentric circles, and the sign of the Association is in the center of the seal.
Transparency
Article 7
The work of the Association is transparent.
The transparency is achieved through the website of the Association, as an official presentation of the Association, and of “Prosecutorial Word” as a periodic journal of the Association.
Exceptionally, the work of the Association may be closed to the public, which can be regulated by the rules of procedure.
The manner of achieving activities
Article 8
The Association achieves its activities by law, Statute, and other general acts of national and international organizations whose member it is.
II MEMBER OF THE ASSOCIATION
Members of the Association
Article 9
Members of the Association could be public prosecutors, chief public prosecutors, retired public prosecutors and chief public prosecutors with no other occupation, and other lawyers with bar examination employed in the public prosecution.
Trainees employed in the public prosecution are entitled to participate in the work of the Association without a right to vote.
Acquisition of membership
Article 10
Association membership is achieved by signing the declaration of accession or filling out an online application.
The Association keeps track of your membership.
Member of the Association is obliged to pay a membership fee.
The Assembly determines the membership fee. Exceptionally, the temporary decision on the fee amount is decided by the Management Board until the decision of the Assembly.
Honorary Member
Article 11
An honorary member of the Association may be appointed a domestic or foreign citizen responsible for promoting and developing public prosecution or the rule of law.
The Managing Board decides on the appointment of an honorary member on a proposal by the member or the body of the Association.
The rights and obligations of the Association member
Article 12
The rights and obligations of the Association member are:
– To initiate the adoption or amendment of laws, regulations, and by-laws in the field of the judicial and criminal justice system;
– To elect and be elected in bodies of the Association;
– To be regularly informed about issues of importance for the improvement of the Association’s work;
– To be informed about the activities carried out in the Association;
– To comply with the provisions of the Statute, the Code of Ethics, and other general acts of the Association;
– To strive to achieve the goals, objectives, and programs of the Association;
– To pay the membership fee.
Liability of members of the Association
Article 13
In case of severe violations of provisions of the Statute, the Code, or other bylaws of the Association, a member may be liable.
Ethics Council shall determine the responsibility of the Association member in a procedure that the Rules of Procedure regulate.
Termination of Membership
Article 14
Membership in the Association ceases by lying off and exclusion.
The statement of withdrawal shall be addressed in written form to the Association’s Management Board.
Membership in the Association shall end with the cease of capacity of Article 9 Statute.
Exclusion from the Association
Article 15
A member may be excluded from the Association in case of severe violations of the Statute and Code of Ethics provisions.
The Procedure of the Rules of the Ethics Council regulates the procedure of exclusion.
The Council of Ethics decides to exclude a member on the proposal of the Management Board, Supervisory Board, or twenty members of the Association.
The decision is brought in written form, contains an explanation, and is submitted to the member of the Association by post.
An appeal can be made against the decision on exclusion within 30 days to the Management Board.
The decision of the Management Board on the appeal is final.
Excluded member of the Association has the right to apply for readmission to membership. The Assembly of the Association brings the decision on the appeal.
Suspension
Article 16
Ethics Council may decide to suspend members of the Association against whom the process of exclusion or who stopped working for the office of public prosecution.
During the suspension, the member cannot participate in the Association’s work and decision-making.
III FORMS OF ORGANIZATION OF THE ASSOCIATION
Departments
Article 17
Departments are the form of organization of members of the Association.
Except for departments, it is possible to form other bodies.
Establishment Department
Article 18
Departments are established in the Supreme Public Prosecutions, Appellate Public Prosecutor’s Office, the High Prosecutor’s offices, Basic public prosecutor’s offices, and special prosecutor offices.
The department can be established for more prosecution or the prosecution office.
Three members of the Association can decide on the Department’s establishment.
The Department is considered to be established when the Management Board acknowledges the decision to establish the Department.
Members of the department elect the president of the department.
Commissioner
Article 19
In the prosecutor’s offices where the Department has not been established, the Management Board may appoint a commissioner preparing to establish the Department.
Work Department
Article 20
Department discusses issues and makes decisions that are of interest to the Department, as well as of interest to the Association as a whole.
IV ASSOCIATION ORGANS
Association organs
Article 21
The regular organs of the Association are the Assembly, the Presidency of the Association, the Management Board, the Supervisory Board, the Ethics Council, and the Program Council.
A member of the Association performs a function in the organ of the Association.
Function in the Program Council can also be performed by a person who is not a member of the Association but supports the values and goals of the Association.
Function in the organs is achieved by election and terminated by dismissal or resignation.
- Assembly
Article 22
The Assembly is the supreme organ of the Association.
Assembly of the Association consists of all members of the Association.
Assembly may be convened as an elective assembly or regular assembly.
Elective Assembly
Article 23
The election is held once every four years.
Election Assembly:
1. Adopts the Statute of the Association, amendments to the Statute of the Association,
2. Adopts the Code of Ethics
3. Adopts the Rules of Procedure,
4. Appoints and dismisses the members of the Presidency of the Association,
5. Appoints and dismisses members of the Management Board, Supervisory Board, Ethics Council, and the President of the Programme Council,
6. Decide on the dissolution of the Association,
7. Adopts the report on the work of the Association and the Financial Report of the period between elections,
8. Decide on the status changes,
9. Decides on joining the alliance,
10. Adopts a work plan of the Association,
11. Decides about appeals against the decision to exclude from the Association,
12. Decide about other matters by the Statute and the law.
The Election Assembly can work and make decisions with at least 10% of the members of the Association.
Regular Assembly
Article 24
Regular Assembly is held once a year.
Regular Assembly:
1. Adopts the Annual Report on the work of the Association,
2. Adopts the annual financial report, decide about joining the alliance,
3. Adopts a work plan of the Association,
4. Decides about appeals against decisions on exclusion from the Association,
5. Discuss other issues of importance to the Association.
Regular Assembly functions and makes decisions if the session is attended by authorized representatives of at least 10% of the members.
The manner of convening Parliament
Article 25
Regular and Election Assembly is convened by a decision of the Presidency of the Association or a joint decision of the Management Board and the President of the Assembly.
Irregular meetings of the Assembly
Article 26
An irregular Assembly is convened if 10% of the members of the Association submit a written request for its convening or by decision of the Management Board.
Irregular meeting of the Assembly is held no later than 30 days from
date of application for its convening.
Irregular meetings of the Assembly function and make decisions with at least 10% of the members of the Association.
Irregular meetings of the Assembly have the same authority as the Election Assembly.
Decision-making method
Article 27
The Assembly shall decide by a majority vote of members attending.
Voting is secret and direct.
The Assembly can decide to vote publicly.
Chairmanship of the Assembly
Article 28
The Assembly elects the President of the Assembly.
The status of candidate for President of the Assembly of the Association is acquired by a member proposed by the President of the Association or 10 members of the Association with their signature.
The President of the Assembly of the Association is elected out of the candidates with the majority of votes from the members present.
If one candidate was proposed for President, he was considered elected if he received more than half the votes of the members present.
The President of the Assembly presides over the Assembly, manages the work of the Assembly, proposes decisions and acts, and signs the record of the meeting of the Assembly.
Mandate of Assembly President
Article 29
The mandate of the President of the Assembly is four years.
- The Presidency of the Association
Composition and work method of the Presidency
Article 29a
The Presidency consists of five members.
The Presidency elects the President of the Presidency and Deputy President of the Presidency among members of the Presidency.
The President of the Presidency initiates sessions of the Presidency and chairs the sessions, and in case of their absence or inability, sessions are initiated by the Vice President.
The Presidency makes decisions by majority vote
The work method of the Presidency is determined by the Rules of Procedures
Members’ election of the Presidency
Article 30
The Assembly elects members of the Presidency.
The status of the candidate for member of the Presidency is acquired by a member of the Association proposed by the majority of Management Board members or 20 members of the Association with their signature.
Five candidates with the majority of the members’ votes are elected for the Presidency of the Association.
If one or two candidates for members of the Presidency get the same number of votes, the election is repeated until all the members get elected for the Presidency.
Honorary President of the Association
Article 31
The former President of the Association or the former President of the Presidency of the Association who is responsible for the improvement and development of the Association, the public prosecutor’s office, or the rule of law can be appointed as the honorary president of the Association.
The Assembly decides on the appointment of the Association’s honorary president on the proposal of the Board of Directors or the Presidency of the Association.
The function (title) of the honorary president ends with the termination of the position of public prosecutor or chief public prosecutor.
The honorary president participates in the work of the Association but without the right to vote.
The Honorary President may, at the request of the Association’s bodies or on his initiative, start a discussion before the Association’s bodies or in public on issues significant to the goals and functioning of the Association.
The mandate of the Presidency
Article 32
The mandate of the Presidency of the Association is four years.
The authority of the Presidency
Article 33
Presidency of the Association:
- Represents the Association;
- Votes for a member of the Presidency who represents Associations and who is a legal representative of the Association
- Is responsible for achieving the Association’s objectives;
- Decides about the organization of the Regular and Election Assembly;
- Coordinates the work of the Association organs;
- Can authorize the President of the Board or the President of the Supervisory Board of the Association to the full extent or for a particular type of legal or financial affairs;
- May transfer authorities for management and governance of the Association’s administrative office to the Expert for Strategic development
- Nominates the Presidents of the organs;
- Proposes assignment and granting of awards;
- Manages the work of the Administrative Office of the Association together with the Management Board;
- Participates in the work of the Management Board and other organs and bodies;
- Adopts Regulation about systematization of job classification and internal organization of the Administrative Office of the Association;
- Performs other activities of interest of the Association and the work of organs.
The function cessation
Article 34
The function of a Presidency member may cease by resignation, expiration of mandate, demission, dismissal, or exclusion.
Dismissal of a member of the Presidency
Article 35
The procedure for dismissing the Presidency member can be run by ten percent of the Association’s members by their signature or the Management Board by a majority of all members of the Board.
The Assembly may decide on the dismissal of a member of the Presidency by a majority of present members of the Assembly.
- Management Board
Article 36
- Management Board consists of 19 elected members of the Association
- Members of the Management Board elect at the first session the President and 2 Vice Presidents of the Management Board on the proposal of the Presidency
3. If the proposal of the Presidency does not get sufficient votes, the Management board members elect the President and Vice Presidents of the Management board by a majority of 2/3. - Members of the Management Board cannot be members of the Presidency, President of the Assembly, and the President and member of the Supervisory Board and Program Council. The president initiates sessions of the Management Board in line with needs at least once every six months. In case of absence or inability, sessions are initiated by the Vice President of the Management Board.
The mandate of the members and President of the Management Board
Article 37
The mandate of the Management Board members is four years.
The mandate of the President of the Management Board is four years.
If the Management board member is unjustifiably absent from three consecutive sessions, the President of the Management board member may propose dismissing the Management board member to the Ethics Council.
Work method of Management Board
Article 38
The Rules of Procedure determine the work method of the Management Board.
Members’ election of the Management Board
Article 39
The Assembly elects the members of the Management board.
The status of the candidate for a member of the Management board is acquired by any member of the Association proposed by five present members of the Assembly and five members of the Association with their signature.
If the proposed number of chosen members is greater than the elected ones, those who have received the most votes, up to a stipulated number of members of the Board.
Function cessation of the members and the President of the Management Board
Article 40
The function of the Management Board members and president ceases by withdrawal, mandate expiration, resignation, dismissal, or exclusion.
Powers of the Management Board
Article 41
Management board:
1. Keeps records of membership and types of organization;
2. Proposes amendments to the Statute to the Assembly and other acts provided by the Assembly;
3. Executes the policies and decisions of the Assembly;
4. Proposes the convening of the Assembly;
5. Confirms the decision of establishment of the Department;
6. Proposes an annual program of the Association;
7. Makes decisions on the allocation of awards on the proposal of the Presidency;
8. Makes decisions about the use of membership fees and the disposal of the assets of the Association;
9. Submits a report on its work to the Assembly;
10. Provides rules of procedures;
11. Performs other activities of interest of the Association.
12. Adopts provisional annual financial report to the Assembly’s decisions
13. Suggests the amount of dues and make a temporary decision about increasing the membership fee to the decision of the Assembly;
14. Together with the Presidency, manages the administrative office of the Association;
15. Proposes exclusion of a member from the Association;
16. Makes decisions about cooperation with other associations and NGOs; and
17. Decide about other issues of importance for the regular functioning of the Association.
- Supervisory Board
Article 42
The Supervisory Board monitors the financial and material operations of the Association and the implementation of decisions of the Association.
The supervisory board takes care of the legal use of funds of the Association and takes measures against negligence and negligent performance in the Association.
The Supervisory Board proposes the exclusion of a member of the Association.
At the request of the Supervisory Board, Organs of the Association shall provide necessary data and information to improve the powers of the Supervisory Board.
The Supervisory Board delivered a report of the work to be done by the Assembly of the Association.
Structure of the Supervisory Board
Article 43
The Supervisory Board consists of the President and four members.
The Supervisory Board makes decisions by majority vote.
A member of the Supervisory Board cannot be at the same time a member of the Management Board.
Supervisory board members elected the President at the first session on the proposal of the Presidency.
If the Presidency of the Association proposal doesn’t receive a majority vote, members of the Supervisory Board elected 2/3 majority vote of the President of the Supervisory Board.
The mandate of the members and President of the Supervisory Board
Article 44
The mandate of the Supervisory Board members and President is four years.
Election of the members of the Supervisory Board
Article 45
The Assembly elects the members of the Supervisory Board.
A member that acquires the status of a candidate member of the board of the Association is proposed by the five present members of the Assembly and five members of the Association with their signature.
If the proposed number of those who are chosen is more significant, the elected ones are those who received the most votes, up to a stipulated number of the Supervisory Board.
Function cessation of the members and President of the Supervisory board
Article 46
The function of members and the Supervisory Board is to cease withdrawal, mandate expiration, resignation, dismissal, or exclusion.
- Program Council
Article 47
The Program Council is the expert body of the Association.
The Program Council:
– Approves the annual work plan;
– Approves the plan of the publishing activities of the Association,
– Performs the function of the editorial board of Prosecutorial words;
– Elects a redactor for Prosecutorial words and website;
– Makes a schedule of participation of members in professional, scientific, research, educational, and publishing activities of the Association;
– Forms expert teams or working groups for specific technical issues relevant to the work of the Association;
– Develop an annual work report.
Structure of the Program Council
Article 48
The Program Council consists of the President and a maximum of 8 members, out of whom at least half are members of the Association.
The Management Board elects the President and members of the Program Council on the proposal of the Presidency.
If the Presidency of the Association proposal is not supported by the majority of member votes, the President and members of the Program Council are elected by the 2/3 of the Management board.
The mandate of the President and the members of the Program Council
Article 49
The mandate of the President and the members of the Program Council is four years.
- Ethics council
Article 50
Develops the Rules of Procedure of the Ethics Council.
Decides to exclude a member from the Association on the proposal of the Management Board, Supervisory Board, or fifty members of the Association.
Decides to suspend a member of the Association who is in the process of exclusion or is terminated from the function of the public prosecution office.
Decisions of the Ethics Council may be published in the journal of the Association, “Prosecutorial Word,” and on the Association’s Web site.
Structure
Article 51
The Ethics Council consists of the President and four members.
The President of the Ethics Council is elected by their members on the proposal of the Presidency.
If the Presidency of the Association proposal doesn’t receive a majority vote, members of the Ethic Council elect the President of the Ethic Council by a majority vote of 2/3 of the members present.
The mandate of the members and President of the Ethics Council
Article 52
The mandate of the president of the Ethics Council is four years.
Members’ election of the Ethics Council
Article 53
The Assembly elects the members of the Ethics Council.
A member that acquires the status of a candidate member of the Ethics Council of the Association is proposed by the five present members of the Assembly and five members of the Association with their signature.
If the proposed number of those who are chosen is more significant, the elected are those who receive the most votes, up to a stipulated number of the Ethics Council.
Function cessation of the members and President of the Ethic Council
Article 54
The members and President Ethic Council’s function is to cease withdrawal, mandate expiration, resignation, dismissal, or exclusion.
V MATERIAL RESOURCES OF THE ASSOCIATION
Funds raising
Article 55
To carry out the goals and objectives established by the Statute, the Association provides funds from:
– membership fees;
– voluntary contributions, gifts, donations, and assistance from other organizations and associations;
– and other sources.
Funding of the Association must not violate prosecutors’ autonomy, independence, and reputation.
Administrative Office
Article 56
Administrative, technical, financial, organizational, and other professional services for the Association are provided by the administrative office of the Association.
Job classification and internal organization are regulated by the arrangement of the job classification and internal organization, adopted by the Presidency and approved by the Management board.
A person responsible for the proper implementation of financial order and the accuracy of reports on financial transactions is appointed to regulate job classification and internal organization.
VI TERMINATION OF ASSOCIATION
Article 57
The Election Assembly decides to dissolve the Association by ¾ majority of the members of the Assembly.
If the Association is terminated, its property will be transferred to the Association of Judges Serbia.
VII TRANSITIONAL AND FINAL PROVISIONS
Article 58
The Association of Public Prosecutors and Deputy Public Prosecutors Association of Serbia, registered according to the Law on Associations (Official Gazette RS 51/09), continues to work as the Prosecutors Association of Serbia, registered in 2001 (212-1-346/01).
Article 59
The Statute will enter into force on the day of its adoption and will be applicable from the day of registration at the competent administrative authority.
The statute adopted on December 7th, 2018, is not applicable from the day of entry into the force of this Statute.
Article 60
Amendments to the Statute will enter into force upon its adoption on November 17th, 2023.
President of the Assembly of the Prosecutors Association of Serbia
