In light of the latest amendments to the Law on Spatial Planning and Construction, which put the topic of energy efficiency and energy features of the building in the spotlight, it would be interesting to remind ourselves of the already existing legal in regard to energy efficiency improvement in Serbia, and above all, what laws and especially bylaws at the local level offer and provide to housing communities – buildings (in srb. – stambena zajednica) and individuals and in which manner they may obtain financial support in case that they intend to carry out certain measures/works that improve the energy efficiency of the building, i.e. apartment.
Buying or Licensing Software – End-User Dilemma
Both consumers and companies that are using the software in everyday activities, either for business or pleasure, usually do not own the software, but only have limited rights granted by a license agreement with specifically defined scope and terms of use. Why the misunderstanding? In general, software is a set of instructions or programs used to operate computers and execute specific tasks. It is an intangible object, opposite to hardware compartments. With the latter, the ownership perception is clear when you are buying it. On the other hand, software brings confusion to end-users - is it purchased or licensed? Because the difference is essential.
Amendments to the Law on the Protection of the Right to a Trial Within a Reasonable Time
On October 26, 2023, the National Assembly of the Republic of Serbia passed new amendments to the Law on the Protection of the Right to a Fair Trial (hereafter referred to as the “Law"), which were published in the Official Gazette of the Republic of Serbia No. 92/2023.
Blockchain and Personal Data Protection
We are facing a remarkable growth of blockchain technologies. One of the main functionalities of this technology is to ensure the confidentiality, integrity, and availability of (personal) data. This article addresses possible advantages and risks for the protection of privacy and personal data posed by blockchain technologies and manners how to mitigate risks to protect the rights and freedoms of data subjects and other natural persons.
Serbia's Bracing for a Slowdown: A Buzz Interview with Nenad Popovic of JPM Partners
Between upcoming elections and the situation in Kosovo, Serbia has plenty of reasons to expect a slowdown in the upcoming period, even if current activity levels remain, at times, surprisingly high according to JPM Partners Senior Partner Nenad Popovic.
Expanding Horizons for JPM & Partners: Rebranding and Growing
JPM & Partners has recently embarked on a transformative journey of both rebranding its operations and integrating with the law offices of Lana Vukmirovic Misic in Montenegro – a “long-time JPM friend and partner.” JPM & Partners Senior Partners Nenad Popovic and Lana Vukmirovic Misic discuss the firm's recent rebranding, strategic expansion, and the motivations behind these as well as what comes next for the firm.
Amendments to the Regulation on Conditions of Delivery and Supply of Natural Gas
The government of the Republic of Serbia in its session held on 03 November 2023 adopted Regulation on amendments to the Regulation on conditions of delivery and supply of natural gas, published in the Official Gazette of the RS no. 97/2023.
Mandatory Branch Incorporation
Although a seemingly simple question, the obligation to incorporate a branch does not have a simple answer. Branch incorporation of business companies is foreseen by the Company Law (hereinafter: "Company Law").
“Golden Parachutes”
A golden parachute is a compensation agreement guaranteeing significant financial benefits to a top executive who loses their job, namely chief executive officers and other high-ranking employees who depart because of a merger or acquisition. They are often applied through clauses in employee contracts, specific contracts, or acts of incorporation.
Impact of the EU Directive on Ensuring a Global Minimum Level of Taxation for MNE Groups on Corporate Income Tax in Serbia and Montenegro
Starting from 1 January 2024, the Council Directive (EU) 2022/2523 of 14 December 2022 on ensuring a global minimum level of taxation for multinational enterprise groups and large-scale domestic groups in the Union (hereinafter: Directive) will start to apply.
New Rules for Connection to the Electric Energy Grid
The adoption of the Law on the Use of Renewable Energy Sources in 2021 created a very favorable environment for investments in green energy. Recognizing the opportunities and incentives, investors in a short period of time submitted a large number of requests to Elektromreža Srbije as a transmission system operator ("TSO") for the connection of future power plants using renewable energy sources. More precisely, requests for the connection of 22,000 MW have been submitted so far, while the total capacity of the power plants connected to the system is about 8,500 MW.
BDK Advokati and JPM & Partners Advise on Waberer’s Acquisition of MDI
BDK Advokati has advised Waberer’s International on its acquisition of a 55% stake in the MD International distribution company in Serbia, with an option for the remaining 45%. JPM & Partners advised MDI shareholder Dragoslav Micic. Marjanovic Law reportedly advised the other sellers.
Non-Compete – Limitations and Practical Issues
Everyone is free to choose their work, time, or place of engagement and the profession they will commit to. The Serbian Constitution grants these basic human rights while also envisaging that all jobs are available to everyone under equal conditions. A similar principle is founded under the Law on Protection of Competition - that the protection of competition on the market of RS is regulated with the aim of economic progress and the well-being of society as a whole, especially to the consumer’s benefit. However, these are only the general principles that are subject to numerous constraints with the purpose of either protecting basic human rights, preventing unfair competition, or harboring the whole economic system with the consumers and companies as its vital participants.
Montenegro Regulates the Real Estate Brokerage
The Ministry of Economic Development and Tourism adopted the Draft Law on Real Estate Brokerage. The adoption of this law is motivated primarily by the need to suppress the grey economy that is flourishing in the field of real estate brokerage. The second, equally important motive is the protection of participants and the prevention of abuses and fraud in real estate sales.
Probate Proceedings With a Foreign Element in Serbia – Jurisdiction of the Serbian Courts
In the probate proceedings, the court determines who the heirs of the decedent are, which property makes up his estate, and which rights from the estate belong to heirs, legatees, and other persons.
To Know What the Future Holds – A Closer Look into Duration of Court and Arbitral Proceedings
It is well established in today's world that the resolution of civil disputes is a crucial aspect of any legal system both by ensuring justice effectively and enabling continual business relationships to thrive unhindered by excessively long-lasting court proceedings.
Chapter 2 – Keeping a Promise – The First-Instance Commercial Offence Proceeding
As we promised a few weeks ago when we discussed all the interesting aspects of commercial offences as an integral part of Serbian penal law, we shall now take a closer look at the first-instance proceeding and some of the most important segments of domestic and foreign legal entities, as well as their responsible persons, should keep in mind in case they are subjected to a commercial offence proceeding.
Tax Incentives on Reimbursement of Engaged Individuals
The Republic of Serbia applies different taxes to reimbursement payable to engaged individuals depending on their engagement type. Those engaged via employment agreement, are subject to salary tax and those engaged via service agreement are subject to tax on other income. Those engaged via temporary and periodical employment agreements are subject to either salary tax or tax on other income while those engaged on the basis of supplementary work are only subject to tax on other income.