Association of Public Prosecutors and Deputy Public Prosecutors of Serbia

Prosecutors Association of Serbia

Udruženje tužilaca Srbije

Statute

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. 119/2009) and Article 53 Law on Public Prosecutor's Office(Official Gazette 104/09) and Article 20 of the Statute of the Association of Public Prosecutors and Deputy Public  Prosecutors of Serbia, the Assembly of the Association of Public Prosecutors and Deputy Public Prosecutors of Serbia, considering the idea of a natural right to organize people, as an extension of personal freedom that belongs to everyone, 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) adopts the following

STATUTE

Association of Public Prosecutors and Deputy Public Prosecutors of Serbia


I GENERAL PROVISIONS


The area of achieving goals

Article. 1.

Association of Public Prosecutors and Deputy Public Prosecutors of Serbia (hereinafter referred to as the Association) is a voluntary, professional, non-government and professional organization founded to achieve the objectives in the field of law and improving the status of the profession.

The objectives of the Association

Article 2.


The objectives of the Association are:
1. Care about improving regulations on 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 improve the material status of the Public Prosecutor, public prosecutors and deputy public prosecutors (enhancing the reputation and financial status of public prosecution office);
5. 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 well by the relevant  International Standards;
8. Cooperation with trade and professional associations in Serbia and abroad;
9. Participation in the work of the European Association of judges and  prosecutors for Freedom and Democracy and the International Association of Prosecutors, and
10. Other objectives that contribute to establishing the rule of law and public confidence in judicial institutions


Achievement of objectives

Article 3

In achieving the objectives of the Association shall take measures to:
- Protect the right to independently and impartially perform the function of public prosecution;
- Protection of the reputation and dignity of the profession of public prosecution, as well as personality acting public prosecutors office;
- Amending the provisions of the Constitution of the Republic of Serbia on the public prosecutor and the judiciary, and revising law sand regulations in the field of justice and the criminal justice system of the Republic of Serbia, in order 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;
- Initiating and organizing public and professional discussion of relevant legal regulations and the prosecutor's practice;
- Publishing work and publications in which they handled issues related to law and justice;
- Organization of expert consultations, seminars, lectures and other forms of vocational and professional training of members of the Association ;
- Awarding prizes and awards for successful professional work;
- Cooperation with other associations and NGOs;
- Performing other activities to further the objectives of the Association.


Name of the Association


Article 4

Name of the Association is, the Association of Public Prosecutors and Deputy Public Prosecutors of Serbia.
Name of the Association is in the Serbian language and Cyrillic alphabet.
The Association will use the legal operations and short names as follows: "Association of Prosecutors of Serbia" and "UTS".
In the register is written the name of the Association in English -Association of public prosecutors and deputy public prosecutors 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.
Association of Public Prosecutors and Deputy Public Prosecutors of Serbia is a legal entity.
Association headquarters is in Belgrade, Gracanicka nr. 18.
Association sign contains styled Cyrillic letters and the UTS by the letter " T " is represented as a black sword, the handle are the color of the Serbian flag, and around the blade of the sword is wrapped in green bay leaf, and on the left of the cross guard is a stylized letter " T ". On the right side of the cross guard is a stylized letter " S ".


The seal of the Association

Article 6

The association's stamp is in Serbian and English.
Seals are of circular shape with a diameter of 32 mm.
The text of the stamp in the Serbian language is “Association of Public Prosecutors and Deputy Public Prosecutors of Serbia, Belgrade, Gracanicka 18”.
Text stamp in English is "Association of public prosecutors and deputy  public prosecutors of Serbia, Serbia, Belgrade, Gracanicka 18 ".
The texts are written in a concentric circle, the center of the seal is a sign of the Association.


Transparency

Article 7.


The work of the Association is transparent.
The transparency is achieved through the web site of the Association, as the 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 regulates the rules of procedure.



The manner of achieving activities


Article 8

The Association achieves its activities in accordance with law, statute and other general acts of domestic and international organizations in which it is a member.

Members of the Association
                                                         

Article 9

Association members could  be public prosecutors, deputy of the public prosecutor, a retired public prosecutors and deputy 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 work of the Association without a vote.


Acquisition of membership

Article 10

Association membership is achieved by signing the declaration of accession -accession or by filling out an online application.
The Association keeps track of your membership.
Association members pays a membership dues.
The membership dues is determined by the Assembly. Exceptionally, an interim decision on the amount of dues to the decision of the Assembly,is passed by the Board.

Honorary Member
           
Article 11

An honorary member of the Association may be appointed domestic or foreign national responsible for the promotion and development of public prosecution or the rule of law.
The decision to appoint an honorary member of the Managing Board on a proposal by the department or the Association.


                               
The rights and obligations of the Association member

Article 12

The rights and obligations of the Association member are:

- To move for adoption or amendment of laws and regulations and by-laws in the     field of judicial and criminal justice system;
- To elect and be elected to the Association;
- To be regularly informed about issues that are important for the  preferment of the Association;
- To inform 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 dues.



Liability of members of the Association
                                                  
Article 13

In case of serious 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 is regulated by the Rules of Procedure.


Termination of Membership

Article 14

Membership in the Association ceases by laying off and exclusion.
The statement of withdrawal shall be addressed in written form,
addressed to the Board of Directors of the Association.
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 serious violations of provisions of the Constitution and Code of Ethics.
Procedure of exclusion regulate the procedure of the Rules of the Ethics Council.

The decision to exclude a member is made by the ethics council on the proposal of the Management Board, Supervisory Board or fifty members of the Association.
The decision is made in written form, contains reasons and is delivered to the member of the Association by registered mail.
Against the decision on exclusion it is possible to appeal within 30 days of the Assembly of the Association.
Assembly decision on the appeal is final.
Member excluded from the Association can apply for readmission to membership again. The decision on the request is made by the Assembly of the Association.


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 member can not participate in the Association's work and decision making.



III FORMS OF ORGANIZATION OF THE ASSOCIATION

Departments

Article 17.

Departments present a 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 Republic Public Prosecutions, Appellate Public Prosecutor's Office, the senior public prosecutor's offices, basic public prosecutor's offices, as well as special prosecutors.
Department can be established for more prosecution or the prosecution office.
Decision to establish the Department is made by three members of the Association.
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


The prosecution in which the Department has not been established, the Management Board may appoint a commissioner, who is preparing the establishment of 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

Regular organs of the Association are the Assembly, the President of the Association, the Management Board, Supervisory Board, the Program
Council and the Ethics Council.
Function in the organ of the Association is conducted by a member of the Association.
Function in the Program Council can also be performed by a person that is not a member of the Association, and supports the values and goals of the Association.
Function in the organs is achieved by election and terminated by dismissal or resignation.


Аssembly

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 assembly election or regular assembly.


Election Assembly


Article 23

The election is held once in three 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 President of the Association,
5. Appoints and dismisses members of the Management Board, Supervisory Board, the Ethics Council and the President of the Programme Council,
6. Makes a decision 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. Decides on the status changes,
9. Decides on joining the alliance,
10. Adopts a plan of the Association,
11. Decides about appeals against the decision to exclude from the Association,
12. Decides about other matters in accordance with the Constitution and the law.

Election Assembly can work and make decisions with at least one fifth 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. The annual financial report, decide about joining the alliance,
3. Adopts a plan of the Association,
4. Decides about appeals against decisions on exclusion from the Association,
5. Discusses other issues of importance to the Association.

Association member who has authorization from five members of the Association, participates in the work of the Assembly as a regular member and a representative of the members who gave him the authority.

Regular Assembly functions and makes decisions if the session is attended by authorized representatives of at least half of the members.

                                   
The manner of convening Parliament

Article 25


Regular and Election Assembly is convened by a decision of the President of the Association or a joint decision of the Board and the President of the Assembly.


Special meeting of the Assembly

Article 26


Extraordinary Assembly is convened if one-sixth of the members of the Association submits a written request for it’s convening, or by decision of the Board.
Special meeting of the Assembly is held no later than 30 days from
date of application for its convening.
Special meeting of the Assembly functions and makes decisions with at least one fifth of the members of the Association.
Special meeting of the Assembly has the same authority as the Election Assembly.



Decision making method

Article 27


The Assembly shall decide by majority vote of members attending.
Voting is secret and direct.




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 that is proposed by the President of the Association or 10 members of the Association with their signature.
President of the Assembly of the Association is elected from the candidates who receive the most votes from the members present.
If one candidate was proposed for President, he is considered elected if he receives more than a half votes of the members present.
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 three years.

              
President of the Association

The election of the President of the Association


Article 30.

Assembly elects the president of the Association.
The status of candidate for President of the Association acquired by a member of the Association proposed by the majority of Board members or 50 members of the Association with their signature.
The candidate who receives the most votes of the members present is elected for the President of the Association.
If one candidate is proposed for President, he will be considered elected if he receives more than a half votes of the members present.


The mandate of the Association President

Article 31

The mandate of the President of the association is three years.
In the absence of the President of the Association, the Chairman of the Board will preside.


The powers of the President

Article 32

President of the Association:
1. Stands for and represents the Association;
2. Is responsible for achieving the objectives of the Association;
3. Decides about convene the Regular and Election Assembly;
4. Coordinates the work of the Association organs;
5. Is able to 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;
6. Nominates  the Presidents (alternative: managers) of the organs;
7. Proposes assignment and granting of awards;
8.  Manages the work of the Administrative Office of the Association together with the Management board;
9. Participates in the work of the Management board and other organs and bodies;
10. Adopts Regulation about systematization of job classification and  internal organization of the Administrative Office of the Association;
11. Performs other activities of interest to the aims of the Association and the work of organs of the Association.



The function cessation

Article 33


The function of President of the Association may cease by resignation, expiration of mandate, demission, dismissal or exclusion.

The procedure for the impeachment of the President

Article 34


The procedure for the impeachment of the President of the association can be run by ten percent of members of the association by the signature of the Board by a majority of all members of the Board.
The Assembly may decide on impeachment of the President of the Association by a majority of present members of the Assembly.


Management board


Аrticle 35


Management Board are: President, Vice President and a maximum of 15 members of the Association.
Session is convened by the President as needed, at least once every six months, in his absence the session is convened by Vice President.
Members of the Board can not be both President of the Association, President of the Assembly and the President or a member Supervisory Board.
At the first session members of the Management Board elect the president on the proposal by the President of the Association.
In case the proposal of the President of the Association is not voted in majority, the members of the Management board elect the President of the Management board by a majority of 2/3.



The mandate of the members and President of the Board


Article 36

The mandate of the members Management board is three years.
The mandate of the President of the Board is three years.
If the Management board member is unjustifiably absent from three consecutive sessions, the President of the member of the Management board may propose the dismissal of the Management board is entitled to suggest an impeachment of a member to Ethics Council.



Work method of Management board

Article 37


Work method of the Management board is determined by the Rules of Procedure.

Members election of the Management board

Article 38

The Assembly elects the members of the Management board.
The status of candidate for a member of the 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 members that are chosen is grater, than the elected ones are those who have received the most votes, up to a stipulated number of members of the Board.

Co-opted members

Article 39

If the function of the member of the Management board prematurely terminates, the President of the Board proposes a new member of the Management Board.
This way it is possible choose a maximum of three members of the Board.
Co-opted members have the same rights and obligations as members elected by the Assembly.



Function cessation of the members and the President of the Management Board
             
Article 40

The function of members and president of the Management board cease withdrawal, expiration of mandate, resignation, dismissal or exclusion.


Powers of the Board of Directors

Article 41


Management board:

1. Keeps records of membership and types of organization;
2. Proposes amendments to the Statute 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 to establish a Department;
6. Proposes an annual program of the Association;
7. Makes decisions on the allocation of awards, on the proposal of the President of the Association;
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 to the aims of the association and the work of organs of the Association.
12. Adopts provisional annual financial report to the Assembly's decisions
13. Suggests amount of dues and make a temporary decision about increasing the membership dues to the decision of the Assembly;
14. Together with the President of the Association 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. Decides about other issues of importance for a 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 about the legal use of funds of the Association  take measures against negligence and negligent performance of the functions of business in the Association.
The Supervisory Board proposes the exclusion of a member of the Association.
Organs of the Association shall at the request of the Supervisory Board provide necessary data and information in order to improve the powers of the Supervisory Board.
The Supervisory Board delivered report of the work to do assembly of the association.


Structure of the Supervisory board

Article 43.

The Supervisory Board are president and four members.
The Supervisory Board makes decisions by majority vote.
Member of the Supervisory Board can not be at the same time a member of the Board of Directors.
Supervisory board members elected President at the first session, on the proposal of the President of the Association.
If the proposal of the President of the Association doesn’t receives a majority vote, members of the Management board elected 2/3 majority vote of the President of the Management board.


The mandate of the members and President of Supervisory Board

Article 44

The mandate of the members and President of Supervisory board is three 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 greater, 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 Supervisory board cease withdrawal, expiration of mandate, resignation, dismissal or exclusion.


Program Council

Article 47

Program Council is the expert body of the Association.

Programme 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;
- Develops an annual work report.




Structure of the Programme Council

Article 48

The Programme Council consists of the President and a maximum 8 members, of whom at least half are members of the Association.
Program Council president is elected by the Assembly on the proposal of the President of the Association.
Program Council members are elected by the Management board on the proposal of the President of the Programme Council.




The mandate of the President and the members of the Programme Council

Article 49

The mandate of the President and the members of the Programme Council is three years.

Ethics council

Article 50

Develops the Rules of Procedure of the Ethics Council.

Makes the decision to exclude a member from the Association on the proposal of the Management board, Supervisory board or fifty members of the Association.
Makes decision to suspend a member of the Association who is in the process of exclusion or who is terminated from the function of public prosecution office.
Decisions of the Ethics Council may be published in the journal of the Association  "Prosecutorial word"  and on the Web site of the Association.


Structure

Article 51

Ethics Council consists of the President and four members.

Members of the Ethics Council are elected president, on the proposal of the President of the Association.
If the proposal of the President of the Association 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 three 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 greater, the elected are those who receive the most votes, up to a stipulated number of the Ethic Council.


Function cessation of the members and President of the Ethic Council


Article 54


The function of the members and President Ethic Council cease withdrawal, expiration of mandate, resignation, dismissal or exclusion.


V MATERIAL RESOURCES OF THE ASSOCIATION

Article 55

To carry out the goals and objectives established by the Statute, the Association provides funds from:
- membership dues;
- voluntary contributions, gifts, donations and assistance from other organizations and associations;
- and other sources.
Funding of the Association must not violate the autonomy, independence and reputation of prosecutors.


Administrative Office


Article 56

Administrative, technical, financial, organizational and other professional services for the Association are provided by administrative office of the Association.
Job classification and internal organization is regulated by the arrangement of the job classification and internal organization, adopted by the president of the association for the approval of the Management board.
A person responsible for the proper implementation of financial order and accuracy of reports on financial transactions is appointed to the regulation of job classification and internal organization.


VI TERMINATION OF ASSOCIATION

Article 57


The Election Assembly makes a decision to dissolve the Association by ¾ majority of the members of the Assembly.
In the event the Association is terminated, its property will be transferred to the Association of Judges Serbia.

VII TRANSITIONAL AND FINAL PROVISIONS

Article 58

The Management board elected at the Assembly session of the (year 2006) has a mandate until constitution of the new Management Board.


Article 59

Assembly of the Association of Public Prosecutors and Deputy Public Prosecutors had been registered on December 5th 2001. scheduled for February 19th 2011. , following the adoption of the Statute is to be considered an Electoral Assembly according to Article 22 of this Statute.


Article 60

Elections for the new organ authority will be carried out according to the provisions of the new Statute.
The status of candidates on the electoral assembly scheduled for  February 19th 2011, is acquired according the provisions of the new Statute.
The deadline for submitting candidacy is three days before the date of Assembly.
The deadline for submitting candidacy for the upcoming elections for the organs is 15 days before the date of Assembly.


Article 61

Association of Public Prosecutors and Deputy Public Prosecutors,  registered according the Law on Associations (Official Gazette RS 51/09), will continue its activities as the Association of Public Prosecutors and Deputy Public Prosecutors registered in the year 2001. (212-1-346/01).

Article 62

Association members are considered, pending the final decision of the Constitutional Court, both the prosecutors and deputy public prosecutors on general elections on December 16th 2009. were not elected on the public prosecutor's office, no other employment, and the date of adoption of the Statute of the members of the Association.


Article 62

Association members are considered, pending the final decision of the Constitutional Court, also prosecutors and deputy public prosecutors which were not elected for the public prosecutor's function on the general elections of December 16th 2009. , do not have other employment, and on the date of adoption of the Statute they are members of the Association.

Article 63

Rules of Procedure of the Assembly, Rules of Procedure of the board, Rules of Procedure of the Supervisory board, Rules of the Ethics Council will be established by the competent organs authorities within three months.

Article 64

This Statute will enter into force upon its adoption and will be applicable from day of registration by competent administrative authority.

UTSProsecutors association of Serbia is a guild type, non government organization, with a goal of affirmation and patronage of prosecutor’s position and reputation, gaining full legal stability, autonomy and public prosecutor’s independence. Prosecutor association of Serbia encloses both prosecutors and deputy prosecutors of Serbia.

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