In addition, in order to create a more complete picture of the procedures for determining the
date and place of birth, in August of the current year Praxis submitted freedom of information
requests to all basic courts asking for the number and outcome of the procedures initiated
since 2012, and for the copies of petitions and decisions in these procedures. In addition,
seeking to determine to what extent the parties in these procedures relied on free legal aid
provided by local self-governments, and in how many procedures the guardianship authorities
were petitioners, Praxis submitted freedom of information requests also to city and municipal
administrations, and to social welfare centres (SWC).
One of the most significant novelties in 2016 was the entry into force of the provisions of the
Law on Administrative Procedure, which emphasised the obligation of the authorities to
obtain evidence ex officio. Although these provisions do not have a direct impact on the
possibility to acquire certain rights (because the conditions for acquiring rights are prescribed
by substantive rather than by procedural regulations), their consistent implementation would
significantly speed up these procedures and make the position of parties easier, including the
substantial savings. Therefore, since the entry into force of the new provisions of the Law on
Administrative Procedure Praxis has monitored whether the authorities implement them
consistently, primarily through the experiences of its beneficiaries, but also through the
interviews with the employees of administrative bodies, which allowed an insight into the
implementation of this regulation from a different aspect.
Finally, this report also comments on the potentially important novelty as an opportunity to
overcome one of the major remaining obstacles preventing the registration of children in birth
registry books. In fact, in mid-October the ministers of health and public administration and
local self-government presented the project entitled Baby, Welcome to the World. On that
occasion, they announced that the procedure of registering babies at birth would be simplified.
It remains to be seen in the upcoming period in which way the announced changes will be
implemented, especially whether the children whose mothers do not have personal documents
will be allowed to be registered immediately after birth, with all the necessary data, since it
has not been possible to date.
PROCEDURES FOR DETERMINING THE DATE AND PLACE OF
BIRTH
The procedure for determining the date and place of birth is a special non-contentious
procedure introduced in the legal system in 2012 by the Amendments to the Law on NonContentious Procedure3. This procedure is intended for legally invisible persons who cannot
prove the date and place of birth in the administrative procedure. This section of the report
will point to some problem observed in these procedures also this year, which continue to
hinder their implementation. The statistical data obtained from freedom of information
requests will also be presented.
LENGTH OF PROCEDURE: The length of procedure stands out as one of the most
frequent irregularities also this year. The courts almost always exceed the deadline for issuing
a decision. Very often the decision-issuing period is several times longer than prescribed by
3
Official Gazette of RS, no. 85/2012
2
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents