Decree on the application of deadlines in administrative procedure during the state of emergency

On 24 March 2020, the Government of the Republic of Serbia adopted a Decree on the application of deadlines in administrative procedure during the state of emergency (the “Decree“) which prescribes undertaking actions in such procedures during the state of emergency.

The Decree refers to the treatment of parties in proceedings before state bodies and organizations, bodies and organizations of autonomous provinces and local self-government units, institutions and public enterprises.

Submissions in the administrative procedure and notifications performed during a state of emergency shall be considered rendered upon expiry of 15 days from abolishment of the state of emergency.

The Decree stipulates that deadlines that expire during a state of emergency, relating to undertaking administrative actions, terminating administrative procedures and deciding upon submitted legal remedies, will be considered expired upon passing of 30 days as of the end of the state of emergency.

Deadlines for filing a legal remedy against a verbal decision of a competent authority issued in enforcement of emergency measures to prevent the spread of COVID-19 infectious disease caused by the SARS-CoV-2 virus during the state of emergency, and for filing a request for written counterpart of that decision, shall commence from termination of the state of emergency.

The Decree entered into force on 24 March 2020.

On the other hand, the Serbian Business Registers Agency announced that deadlines prescribed by the Company Law are considered stopped, starting from 26 March 2020, and shall continue to count after the state of emergency has ended.

The termination of the deadlines also applies to the initiated proceedings of compulsory liquidation of companies, irrespective if a notice on reasons for the compulsory liquidation were published on the website of the Agency for Business Registers, or the decision to initiate compulsory liquidation proceedings was issued and published.