LAWON FREE ACCESS TO INFORMATION OF PUBLIC IMPORT("Official Herald of the RS", No. 120/2004, 54/2007 and 104/2009) |
Article 1
The present Law shall regulate the rights of access to information of public import in the possession of public administration agencies, for the purpose of realisation and protection of interests of the public to know, and to put into effect the free democratic order and the open society.
For the purpose of realisation of rights to access to information of public import in possession of public administration agencies, the present Law hereby establishes the Commissioner for information of public import (hereinafter: Commissioner), as an autonomous state organ, independent in performing the tasks of his competence.
Article 2
In terms of the present Law, the information of public import shall be the information possessed by a public administration agency, originating in the work or in relation to work of the public administration agency, included in a specific document, and relating to anything that is the subject of justified interest of the public to know.
In order for a piece of information to be considered as information of public import, it is not the point whether the information source is the public administration agency or another person, or whether the information instrument (paper, tape, film, electronic media and the like), containing the document with the piece of information, the date of its origin, the mode of becoming aware of the piece of information, nor the point are the other similar properties of the information.
Article 3
In terms of the present Law, a public administration agency (hereinafter: government agency) shall be:
1) a public agency, a territorial autonomy agency, a local self-government agency, as well as organisations entrusted with carrying out public powers (hereinafter: public agency);
2) a legal entity established or financed, in its entirety and/or predominantly, by a public agency.
Statutory Prerequisites of the Justified Interest
Article 4
It shall be considered that the justified interest of the public to know, referred to in Article 2 of the present Law, does exist whenever it is a question of information possessed by an government agency related to threatening, and/or protection of health of the population and the environment, and should there be a question of other information possessed by the government agency, a justified interest of the public to know, referred to in Article 2 of the present Law, shall be considered as existing, unless the evidence to the contrary be submitted by the government agency.
Substance of the Right to Access to Information of Public Import
Article 5
Everyone shall be entitled to be informed as to whether a government agency possesses a specific piece of information of public import, and/or whether it is otherwise accessible to him.
Everyone shall be entitled to have an information of public import accessible to him, by enabling him to have an insight into the document containing the piece of information of public import, the right to a copy of such document, as well as the right to be sent, at the request, a copy of the document by mail, telex, electronic mail or in some other way.
Article 6
The rights specified in the present Law shall belong to all under equal conditions, regardless of citizenship, residence, dwelling place, and/or business seat, or personal characteristic, such as race, religious belief, national and ethnic origin, sex, and the like.
Ban on Discrimination of Journalists and Media
Article 7
A government agency shall not give a preferential status to a journalist or a media outlet, where several of them have submitted a request, by making it possible only to him, or to him before other journalists or media, the realisation of the right to access to information of public import.
Article 8
The rights specified in the present Law may exceptionally be subject to restrictions specified by the present Law, should this be necessary in a democratic society in order to protect against a serious violation of a preponderant interest based on the Constitution or the law.
No provision of the present Law shall be interpreted in the way that could result in abolishing a right recognized by the present Law, or in its restriction that would be greater than the one prescribed in paragraph 1 of the present Article.
II EXCLUDING AND RESTRICTING THE FREE ACCESS TO INFORMATION OF PUBLIC IMPORT
Life, Health, Safety, Administration of Justice, Defense of the Country, National and Public Security, Economic Welfare of the Country, and Secret
Article 9
A government agency shall not make possible to an applicant the realisation of the right to access to information of public import, should this mean:
1) endangering life, health, safety, or some other benefit of a person;
2) endangering, hindering or aggravating the prevention or discovery of a criminal offence, the conducting of preliminary criminal proceedings, the conducting of court proceedings, the enforcement of a judgment, or the carrying out of a sentence, or some other legally regulated procedure, or of a fair treatment and an equitable trial;
3) serious endangering of the defense of the country, national or public security, or international relations;
4) substantial undermining of capacity of the state to manage economic processes in the country, or a substantial aggravating of the justified economic interests;
5) making available a piece of information or a document that, by regulations or an official act based on law, is ordered to be kept as a state, official, commercial or some other secret, and/or that is accessible only to a limited circle of persons, and due to whose disclosure serious legal and other consequences could come about for the legally protected interests, preponderant to the interest of having the access to the piece of information.
Information of Public Import Possessed by Government Agency that Is already Accessible to the Public
Article 10
A government agency shall not be obliged to enable an applicant to effect the right to access to information of public import, where the information is already published and is available in the country or at the Internet.
In the event referred to in paragraph 1 of the present Article, the government agency shall indicate, at the request, the information instrument (the number of official herald, title of the publication and the like) in which, and when, the requested information has been made public, unless this is a common knowledge.
Challenging a Published Piece of Information by Government Agency
Article 11
Should a government agency contest the authenticity or completeness of a piece of information of public import, that is made public, it shall disclose the true and complete piece of information, and/or make possible the insight in the document containing the true and complete piece of information, except for the cases referred to in Articles 9 and 14 of the present Law.
Article 12
Where a requested piece of information of public import may be singled out of other information in a document, to which information the government agency is not obliged to permit the insight, the government agency shall make possible to the applicant the insight into the part of the document containing only the singled out piece of information, and inform him that the remaining content of the document is not available.
Misuse of Free Access to Information of Public Import
Article 13
A government agency shall not make possible to an applicant the realisation of the right to access to information of public import, should the applicant misuse the rights to access to information of public import, particularly if the request is unreasonable, frequently made, when the request is repeated for the same or already obtained information, or if an excessive number of information is requested.
Privacy and Other Individual Rights
Article 14
A government agency shall not make possible to an applicant the realisation of the right to access to information of public import, if this would violate the right to privacy, the right to reputation or some other right of a person specifically involved in the requested piece of information, unless:
1) the person has agreed to it;
2) this is a case of a person, a phenomenon or an event of interest for the general public, and particularly a case of a holder of the state or political function, and where the piece of information was important due to the function exercised by such person;
3) this is a case of a person who, by his conduct, particularly relating to private life, has amounted to the reason for requesting the piece of information.
III PROCEDURE AT THE GOVERNMENT AGENCY
Request for Information, Insight, Drawing out a Copy and Instruction
Article 15
The applicant shall submit a request, in writing, to the government agency in order to realise the right to access to information of public import (hereinafter: request).
The request has to include the title of the government agency, the name, surname and address of the applicant, as well as an as precise as possible description of the requested piece of information.
The request has to include other data as well, that facilitate the locating of the requested piece of information.
The applicant is not obliged to indicate the reasons for the request.
Should the request fail to include the data referred to in paragraph 2 of the present Article, and/or fail to be orderly, the authorised person in the government agency shall be obliged, free of charge, to instruct the applicant to eliminate the defects, and/or supply the applicant with the instruction as to supplementing the request.
Should the applicant fail to eliminate the defects within the ordered time limit, and/or within 15 day time limit from the day of having received the instruction as to supplementing the request, and should the defects be of such a nature which make the request impossible to be proceeded, the government agency shall enact a conclusion of rejecting the request as being unorderly.
The government agency shall be obliged to make possible the access to information also on the ground of an oral request by the applicant that is communicated in the minute-book, and such request shall be filed in the particular records, and the time limits to be applied shall be the ones otherwise applicable to request submitted in writing.
The government agency may prescribe a form for submitting a request, but shall be obliged to consider also a request that is not made in such a form.
Proceeding upon a Request
Article 16
A government agency shall be obliged to notify the applicant without delay, and not later than within 15 days from the receipt of the request, on the possession of the piece of information, to provide him the insight in the document containing the requested piece of information, and/or draw out or supply to him a copy of such document. The copy of the document shall be considered as forwarded to the applicant on the day of leaving the writing-office of the government agency being requested to provide the piece of information.
Where the request refers to a piece of information for which it may be supposed that it is important for protecting the life or freedom of some person, and/or for exposing to risk or for protection of the health of population and the environment, the government agency shall notify the applicant on possessing such piece of information, and provide him the insight in the document containing the requested piece of information, and/or draw out to him a copy of that document, not later than 48 hours from the receipt of the request.
Should the government agency be unable, out of justified reasons, to notify the applicant within the time limit specified in paragraph 1 of the present Article, on possessing the piece of information, to make available to him the insight in the document containing the requested information, to draw out to him, and/or send a copy of that document, it shall be obliged to notify, not later than seven days from the receipt of the request, the applicant on the mater, and shall order a new time limit that may not exceed 40 days from the receipt of the request, within which it shall notify the applicant on possessing the piece of information, provide him the insight in the document containing the requested piece of information, draw out to him, and/or forward the copy of that document.
Should the government agency fail to respond within the time limit, the applicant may lodge a complaint to the Commissioner, except in the cases specified by the present Law.
The government agency, together with the notification that it is going to provide the applicant with the insight in the document containing the requested piece of information, and/or draw out a copy of that document, shall notify him about the time, the place and the mode of making the piece of information available to him and about the amount of necessary cost of making a copy of the document, while should the agency fail to possess the technical means for making the copy, it shall inform the applicant of the possibility of using his own equipment to make the copy.
The insight in the document containing the requested piece of information shall be gained in the official premises of the government agency.
On the ground of justified reasons, the applicant may request to gain insight in the document containing the requested piece of information at another time, different than the one designated by the agency being requested to provide the piece of information.
A person unable to gain insight in the document containing the requested piece of information without an escort, shall be given the opportunity to do this with the assistance of the escort.
If complying with the request, the government agency shall not enact a particular ruling, and shall instead make a corresponding official annotation.
Should the government agency refuse, entirely or partially, to notify the applicant on the possession of a piece of information, to avail him of the insight in the document containing the requested piece of information, to draw out and/or forward to him a copy of that document, it shall be obliged without delay, and not later than 15 days from the receipt of the request, to enact a ruling on rejection of the request, and to include in that ruling an assignment of reasons, as well as to instruct the applicant in the ruling on legal remedies that he may apply against such ruling.
Article 17
The insight in a document containing the requested piece of information shall be free of charge.
A copy of the document containing the requested piece of information shall be drawn out, with the duty of the applicant to pay the fee covering the necessary cost of making that copy, and in the event of instruction, also the cost of instruction.
The Government shall prescribe a scale of charges to be used as the ground for the agency to calculate the cost referred to in the preceding paragraph.
Exempted from duty to pay the fee referred to in paragraph 2 of the present Article shall be the journalists, when requesting a copy of the document on account of performing their profession, the associations for human right protection, when requesting a copy of the document on account of realisation of the objectives of the associations, and all the persons, when the requested piece of information refers to putting in danger, and/or protection of the health of population and the environment, except for the cases specified in Article 10, paragraph 1 of the present Law.
The Commissioner shall monitor the practice of collection of the fee and exemption from payment of the fee, and shall give recommendations to government agencies for the purpose of harmonisation of that practice.
Providing Insight and Making a Copy
Article 18
The insight in a document containing a requested piece of information shall be gained by using the equipment possessed by the government agency, except where an applicant demands to gain the insight by using his own equipment.
The government agency shall draw out a copy of the document (photostat, audio-copy, video-copy, digital copy and the like) containing the requested piece of information in the form in which the document already exists, and if possible, in the requested form.
Where a government agency fails to possess technical possibilities to make the copies of documents in terms of paragraph 2 of the present Article, it shall make a copy in another form.
Where the government agency possesses a document containing the requested piece of information in the language used in the submitted request, it shall be obliged to provide the insight in the document, and make the copy, in the language used in the submitted request.
Sending off the Request to the Commissioner
Article 19
Should the government agency fail to possess a document containing the requested piece of information, it shall send off the request to the Commissioner and shall notify the Commissioner and the applicant on whereabouts of the document, according to its understanding.
Proceeding by the Commissioner with the Sent off Request
Article 20
After receiving the request, the Commissioner shall verify whether the document containing the requested piece of information, referred to in the request, is in possession of the government authority that has sent off the request to him.
Should he find that the document specified in paragraph 1 of the present Article is not possessed by the government agency which has sent off the applicant's request to him, the Commissioner shall forward the request to the agency in possession of the document, unless the applicant has indicated otherwise, and shall notify accordingly the applicant, or shall refer the applicant to the government agency possessing the requested piece of information.
The mode of proceeding in terms of paragraph 2 of the present Article shall be ordered by the Commissioner, depending on the efficiency of the mode of realisation of the right to access to information of public import.
Where the Commissioner forwards the request to the government agency referred to in paragraph 2 of the present Article, the time limit specified by Article 16 of the present Law shall begin to run from the day of forwarding.
Remaining Procedural Provisions
Article 21
Unless otherwise provided for by the present Law, the procedure at the government agency shall be subject to provisions of the law regulating the general administrative procedure, referring to the deciding by a first instance agency.
IV PROCEDURE BEFORE THE COMMISSIONER
Article 22
The applicant may lodge a complaint to the Commissioner, should:
1) the government agency reject or refuse the applicant’s request, within a 15 day time limit from the delivery of the ruling or another act;
2) the government agency, contrary to Article 16, paragraph 2 of the present Law, fail to respond to applicant's request within the prescribed time limit;
3) the government agency, contrary to Article 17, paragraph 2 of the present Law, condition the drawing off a copy of the document containing the requested piece of information on the payment of fee that exceeds the amount of necessary cost of making that copy;
4) the government agency fail to provide the insight in the document containing the requested piece of information in the mode specified by Article 18, paragraph 1 of the present Law;
5) the government agency fail to provide the insight in the document containing the requested piece of information, and/or fail to draw off a copy of that document in the mode specified by Article 18, paragraph 4 of the present Law or
6) the public authority aggravate or hinder in some other way the applicant in effecting the right to free access to information of public import, contrary to the provisions of the present law.
There shall be no complaint against a ruling of the National Assembly, President of the Republic, Government of the Republic of Serbia, the Supreme Court of Serbia, the Constitutional Court of Serbia, and the Republic Public Prosecutor.
An administrative dispute may be instituted in conformity with the law, against a ruling specified in paragraph 2 of the present Article, and the duty of the court shall be to regularly notify the Commissioner on the matter.
Deciding on the Complaint by the Commissioner
Article 23
Unless otherwise specified by the present Law, the procedure before the Commissioner shall be subject to provisions of the law regulating the general administrative procedure, referring to the settlement procedure applied by a second instance agency.
Article 24
The Commissioner shall enact a ruling without delay, and within 30 days at the latest from the day of lodging the complaint, after enabling the government agency to take stand, in writing, and, if necessary, enabling the applicant as well.
The Commissioner shall reject the complaint that is impermissible, untimely and lodged by an unauthorised person.
The government agency shall provide evidence that it has proceeded in conformity with duties specified by the present Law.
The Commissioner shall in his ruling order the government agency to provide free access to information of public import to the applicant, when it determines that there were grounds for complaint.
If the government agency, after the the complaint for not acting upon request was lodged, and before rendering a ruling on the complaint, provides access to information to the applicant, or renders a ruling on the request, the Commissioner shall enact a conclusion and discontinue the proceedings upon complaint. The proceedings upon complaint shall also be discontinued when the applicant decides to drop the complaint.
Deciding by the Commissioner on Measures for Promoting the Transparency of Work
Article 25
Acting on a report, or in line of duty, the Commissioner may enact a ruling by which it is established that a government agency, except for an agency specified in Article 22, paragraph 2 of the present Law, has failed to fulfill its obligations specified by the present Law, and by which the measures are ordered for their fulfillment, after making possible beforehand to the government agency to take stand on the matter, in writing.
The report referred to in paragraph 1 of the presently Article may not be submitted in the cases in which the right to complaint is provided for by the present Law.
Establishing the State of Facts by the Commissioner
Article 26
The Commissioner shall undertake actions to establish the state of facts that are indispensable for the purpose of enacting the ruling referred to in Articles 24 and 25 of the present Law.
In order to establish the state of facts referred to in paragrah 1 of the present Article, the Commissioner shall be enabled a free insight to every instrument of information that is subject to the present Law.
Legal Remedy against Commissioner's Ruling and Conslusion
Article 27
An administrative dispute may be instituted against a ruling of the Commissioner.
Administrative dispute regarding realisation of the right to free access to information of public import shall be urgent.
Obligatoriness and Enforcement of the Commissioner’s Ruling
Article 28
The Commissioner’s rulings shall be legaly binding, final and enforcable.
The enforcement of rulings of the Commissioner, if necessary, shall be secured by the Government of the Republic of Serbia.
The Government of the Republic of Serbia shall, if necessary, secure the enforcement of the Commissioner’s rulings and may further determine the manner of enforcement of rulings.
V ELECTION, STATUS AND JURISDICTION OF THE COMMISSIONER
Article 29
The office of the Commissioner shall be in Belgrade.
Article 30
The National Assembly of the Republic of Serbia (hereinafter: National Assembly) shall by majority of votes of all people’s deputies elect the Commissioner at the proposal by the National Assembly Board responsible for information.
To be elected for a Commissioner shall be a person with recognised reputation and expertise in the area of protection and promotion of human rights.
A Commissioner may be a person who meets the requirements for working in government agencies, who has a law school degree and at least ten years of work experience.
A Commissioner may not be a person who performs a function or is employed in another government agency or a political party.
A Commissioner shall be elected for a period of seven years.
The same person may be elected for a Commissioner only two times.
Termination of the Term of Office
Article 31
The official duties of the Commissioner shall terminate by the expiration of his term of office, at the personal request, after becoming sixty five, and by dismissal.
The decision on the termination of official duties of the Commissioner shall be rendered by the National Assembly by majority of votes of all people’s deputies.
The Commissioner shall be dismissed after being convicted to a prison sentence for committing a criminal offence, after becoming permanently incapacitated for work, if performing a function or if employed in another government agency or a political party, after losing the citizenship of the Republic of Serbia, or after unprofessionally and unconscientiously performing the job.
The procedure for dismissal of the Commissioner shall be instituted by initiative of one third of the number of deputies.
The National Assembly Board responsible for information shall determine whether the reasons exist for dismissal, and shall notify accordingly the National Assembly.
The National Assembly Board responsible for information shall notify the National Assembly also on Commissioner's request to have his official duties terminated, as well as on meeting the requirements for termination of official duties due to his age.
Should the National Assembly fail to decide on termination of the official duties within a 60 day time limit, it shall be considered that official duties of the Commissioner are terminated after the expiration of that time limit.
In the remaining cases, the official duties of the Commissioner shall be terminated on the day indicated as such in the decision of National Assembly.
Article 32
The Commissioner shall be autonomous and independent in performing his competences.
In performing his competences, the Commissioner shall neither demand nor receive orders and instructions from government agencies and other persons.
The Commissioner shall be entitled to a salary equal to the salary of a Supreme Court judge, as well as to other rights on the ground of work, in conformity with law, and to the right to reimbursement of expenses incurred in connection with performing his competences.
The Commissioner shall not be called to account for the opinion he expresses, or for a proposal submitted in performing his competences, and shall not be detained, without the approval by the National Assembly, in the proceedings instituted on the ground of a criminal offence committed in the course of performing his competences.
Article 33
The Commissioner shall have a deputy, who is to be elected by the National Assembly at the proposal of the Commissioner by majority of votes of all people’s deputies.
The Commissioner shall propose for his deputy a person who meets the requirements for working in government agencies.
The Deputy Commissioner shall be elected for a period of seven years.
The same person may be elected for a Deputy Commissioner only two times.
The Deputy Commissioner shall perform the duties of the Commissioner in the event of his absence, death, expiration of the term of office, dismissal, as well as in the event of temporary or permanent incapacity of the Commissioner to perform his competences.
The termination of official duties of the Deputy Commissioner shall take effect in the way provided for the termination of official duties of the Commissioner.
The procedure for dismissal of the Deputy Commissioner shall be instituted by an initiative of the Commissioner as well.
Commissioner's Professional Service
Article 34
The Commissioner shall have a professional service to assist him in the performance of his competences.
The Commissioner shall render an act, subject to the consent by the Administrative Committee of the National Assembly, to regulate the work of his professional service. The Commissioner shall autonomously decide, in conformity with the law, on employing persons for work in the professional service, observing the needs of professional and effective performing of his competences.
The employees in Commissioner's professional service shall be appropriately subject to the regulations of labour relations in the government agencies.
Financial resources for the work of the Commissioner and his professional service shall be provided for in the budget of the Republic of Serbia.
Competence of the Commissioner
Article 35
The Commissioner shall:
1) monitor the observance of obligations by government agencies, that are specified by the present Law, and shall inform of the matter the general public and the National Assembly;
2) initiate the enactment or the amendments of regulations for the purpose of enforcement and promotion of the rights to access to information of public import;
3) propose to government agencies the taking of measures aimed at the advancement of their work regulated by the present Law.
4) take measures necessary for the training of employees in government agencies and for instructing the employees about their duties relating to the rights to access to information of public import, for the purpose of an efficient implementation of the present Law;
5) decide on complaints against the rulings of government agencies that have violated the rights regulated by the present Law;
6) inform the general public about the contents of the present Law, as well as about the rights regulated by the present Law;
7) perform other tasks, as specified by the present Law and other laws.
The Commissioner may initiate the procedure for judging constitutionality and legality of laws and other general enactments.
Article 36
Within the three month time limit from the termination of the fiscal year, the Commissioner shall submit to the National Assembly an annual report relating to actions undertaken by government agencies in the sphere of implementation of the present Law, as well as relating to his own actions and expenditures.
In addition to the report specified in paragraph 1 of the present Article, the Commissioner, after finding it necessary, shall submit to the National Assembly other reports as well.
VI MEASURES FOR PROMOTING THE TRANSPARENCY OF WORK OF GOVERNMENT AGENCIES
Handbook for the Realisation of Rights
Article 37
The Commissioner shall publish and update, without delay, in Serbian language and in languages that, in conformity with law, are specified as official use languages, a handbook with practical instructions for an effective realisation of rights regulated by the present Law.
The handbook referred to in paragraph 1 of the present Article shall particularly include the description of the contents and scope of the rights to access to information of public import, as well as of the modes of realisation of these rights.
It shall be a duty of the Commissioner to inform the general public, by means of the press, electronic media, Internet, public conferences and in other ways, on the contents of the handbook referred to in paragraph 1 of the present Article.
Authorised Person of the Government Agency and the protection of the source of information of public import
Article 38
The responsible person of the government agency shall designate one or several public servants (hereinafter: authorised person) to proceed with requests for a free access to information of public import.
The authorised person shall:
1) act on requests, inform applicants on possession of information, and provide insight in a document containing the requested piece of information, and/or deliver the piece of information in an appropriate way, refuse a request by a ruling, render to applicants indispensable assistance for the realisation of their rights, as specified by the present Law;
2) undertake measures for the advancement of the practice of dealing with instruments containing information, as well as of the practice of their maintenance and keeping safe.
Where an authorised person specified in paragraph 1 of the present Article is not designated, responsible for proceeding with requests shall be the responsible person of the government agency.
The employee of the government agency who has made access to information of public import possible, to which the access cannot be restricted pursuant to Articles 9 and 14 of the Law, as well as to the information to which access has already been made possible pursuant to the present law by a government agency, can neither be held liable, nor bear injurious consequences on that account, on condition that the information indicates to existence of corruption, exceeding of powers, irrational disposal of public funds and an illegal act or conduct of a government agency.
An employee has the right to protection refered to in Paragraph 4 of this Article on condition that he has had a reason to believe the accuracy of the information, that he has neither asked for, nor received any benefit in relation to making the access to information possible, and that he has, prior to making the access to information possible, informed about irregularities the competent person in the government agency, who has not undertaken any measures towards resolving irregularities.
An employee who, contrary to provisions of Par. 4 and Par. 5 of this Article, shall be held liable or suffer any damage, has the right to compensation from the government agency employing him.
An employee, who makes the access to information of public import possible pursuant to Paragraphs 4 to 5 of this Article, may be rewarded by the government agency employing him.
Provisions refered to in Paragraphs 4 to 7 of this Article shall apply appropriately to officials of government agencies, to persons who under a contract perform affairs in or for the government agency, as well as to persons to whom a government agency provides services or which hava a status of a party in a procedure before a government agency.
Duty of Making Public an Information Review
Article 39
A government agency shall make, at least once a year, an information review with basic data relating to its work, which shall particularly contain:
1) description of powers, duties, and organisational structure;
2) data concerning the budget and the instruments of labour;
3) data relating to the kinds of services directly provided to interested persons;
4) procedure for submitting requests to the government agency, and/or lodging complaints against its decisions, actions or omissions;
5) review of requests, complaints and other direct measures undertaken by interested persons, as well as of decisions of the government agency on the occasion of requests submitted and complaints lodged, and/or of responses to other direct measures undertaken by the interested persons;
6) data on the mode and place of keeping the media containing information, kind of information available for insight, as well as a description of the procedure of submitting requests;
7) names of the superiors in the government agency and a description of their powers and duties, as well as of the decision-making procedures they use;
8) rules and decisions of the government agency concerning the transparency of work of that agency (office hours, address, contact telephones, identification characteristics, accessibility to persons with special needs, access to sessions, admissibility of audio and video recording and the like), as well as those concerning any authentic interpretation of these decisions;
9) rules and decisions relating to the exclusion and restriction of transparency of work of the government agency, as well as the corresponding statement of reasons.
The government agency shall make possible to an interested person, free of charge, the insight in the information review, and/or provide him with a copy of the information review against a fee covering the necessary cost.
Instruction for Making and Making Public the Information Review
Article 40
The Commissioner shall issue an instruction for making and making public the information review referred to in Article 39 of the present Law, and shall give advice, at the request by government agency, for the purpose of orderly, complete and timely fulfillment of the duty of making public the information review.
Maintaining the Instruments Containing Information
Article 41
The government agency shall maintain the instruments containing information, so as to make possible the realisation of the right to access to information of public import, in conformity with the present Law.
Article 42
For the sake of efficient implementation of the present Law, the government agency shall carry out the training of the employees, and shall inform the employees about their duties relating to the rights regulated by the present Law.
The training of the employees referred to in paragraph 1 of the present Article shall particularly include: the contents, the scope and the significance or rights to access to information of public import, the procedure of realisation of these rights, the way of treatment of instruments containing information, their maintenance and keeping safe, as well as the kinds of data the government agency is obliged to make public.
Submitting Reports to the Commissioner
Article 43
A government agency, by 20th January of the current year, for the previous year, shall submit an annual report to the Commissioner, relating to actions of that agency, undertaken for the purpose of implementing the present Law, that shall contain data on the:
1) number of requests submitted, number of completely or partially admitted requests, as well as the number of rejected and refused requests;
2) number and contents of complaints against the rulings rejecting or refusing a request;
3) total amount of fees collected on the ground of realisation of the rights to access to information of public import;
4) measures taken in relation to the duty of making public the information review;
5) measures taken in relation to maintenance of instruments containing information;
6) measures taken in relation to training of the employees.
The data referred to in Paragraph 1, Items 1) to 3) of this Article shall be presented in the aggregate and separately for applicants in following categories: citizens, media, citizens associations, political parties, government agencies and other applicants.
Article 44
A government agency shall be liable for damage caused by the fact that a media outlet was unable to publish a piece of information, because being unjustly denied or restricted by it, the access to information of public import, specified in Article 5 of the present Law, and/or by the fact that a journalist or a media outlet was placed in a more favorable position contrary to the provision of Article 7 of the present Law.
Article 45
The supervision over enforcement of the present Law shall be exercised by the ministry responsible for administrative affairs.
Inspection supervision over inforcement of the present law shall be performed by the ministry responsible for administrative affairs through administrative inspection.
Article 46
A fine from 5,000 to 50,000 dinars shall be imposed for violation on an authorised person in the government agency, should the government agency:
1) condition access to information with a proof of justified or other interest (Article 4);
2) act contrary to the principle of equality (Article 6);
3) discriminate against a journalist or a media outlet (Article 7);
4) fail to indicate the information instrument) in which, and when, the requested information has been made public (Paragraph 2 of Article 10);
5) fail to discloseand/or make possible the insight in the document containing the true and complete piece of information, while contesting the authenticity and completenes of the piece of information that is made public, (Article 11);
6) refuse to receive the applicant's request (Paragraph 1 of Article 15);
7) do not keep particular records (Paragraph 7 of Article 15);
8) do not act upon arequest for the piece of information pursuant to the Law, and/or forward incomplete or incorrect information (Article 16);
9) condition access to the piece of information with payment of fees in the amount exceeding the prescribed ones (Article 17);
10) fail to issue the piece of information in the requested form, while having technical possibilities to do so (Paragraphs 2 and 3 of Article 18);
11) refuse without grounds to issue a copy of the document containing the piece of information in the language used in the submitted request (Paragraph 4 of Article 18);
12) in any other way, contrary to the provisions of the present law, hinder realisation of the right to free access to information of public import (Item 6, Paragraph 1 of Article 22);
13) fail to enable the Commissioner insight into the information instrument (Paragraph 2 of Article 26);
14) fail to proceed upon the Commissioner's ruling (Paragraph 1 of Article 28);
15) do not maintain the information instrument pursuant to the present law (Article 41);
16) fail to carry out the training of the employees and fail to inform the employees about their duties relating to the rights regulated by the present law (Article 42);
17) prevent the administrative inspector in performing inspection supervision and fail to enforce the ruling of the administrative inspector (Paragraph 2 of Article 45).
Article 47
A fine of from 5,000 do 50,000 dinars shall be imposed for violation on a responsible person in the government agency should the government agency fail to make the information review containing the prescribed data relating to its work (Article 39).
Article 48
A fine of from 5,000 do 50,000 dinars shall be imposed for violation on an responsible person in the government agency, should such person fail to submit the annual report to the Commissioner, regarding the actions of that agency undertaken for the purpose of implementing the present Law, and containing the prescribed data (Article 43).
Article 49
Government agencies shall nominate the authorised persons responsible for proceeding with the requests for free access to information of public import, within 30 days from the day of coming into force of the present Law.
The National Assembly shall elect the Commissioner within 45 days from coming into force of the present Law.
Article 50
The present Law shall come into force on the eighth day from the day of publication in the "Official Herald of the Republic of Serbia".
Independent Articles of the Law on Amending the
Law on Free Access to Information of Public Import
("Official Herald of the Republic of Serbia", No. 54/2007)
Article 5
If the same person is re-elected for the Commissioner or Deputy Commissioner before his/her mandate terminates, his/her mandate shall terminate upon expiration of seven years starting from the day of the first election and he/she may be re-elected one more time.
Article 6
The present Law shall come into force on the eighth day from the day of publication in the "Official Herald of the Republic of Serbia".
Independent Articles of the Law on Amending the
Law on Free Access to Information of Public Import
("Official Herald of the Republic of Serbia", No. 104/2009)
Article 16
The Legislative Committee of the National Assembly is given a mandate to establish the revised text of the Law on Free Access to Information of Public Import.
Article 17
The present law shall come into force on the eight day from the day of publication in the "Official Herald of the Republic of Serbia".