Glasnik Advokatske komore Vojvodine (Jan 2017)
Legal and sub legal regulations of the protection of whistle-blowers key guide lines
Abstract
By the Law on Ratification of the United Nations' Convention against corruption and the Law on validation of the Civic-legal Convention on corruption, the Republic of Serbia has made a commitment to arrange the issue of the protection of those who report the suspected corruption and other illegal conduct, comprehensively and by law. According to the Article 9 of the Civic-Legal Convention on corruption, each contracting party should provide, in the domestic law, appropriate protection from any unjustified sanction against the employees, who have justified reason to suspect corruption and who, in good faith, report their suspicion to persons or bodies in charge. The commitment of the Republic of Serbia for the resolute fight against corruption which includes creation of the normative framework, systematic construction and strengthening of institutions as a precondition for the efficient fight against corruption, was confirmed by passing the National Strategy for combating against corruption for the period from year 2013 until 2018 and the accompanying Action Plan. By passing the Law on Protection of Whistle-blowers, the Republic of Serbia has taken the necessary steps towards the establishing of the normative framework and capacity for determined combat against corruption and at the same times it realizes the obligations undertaken from the international acts, and above all the recommendations of the Group of states for the combat against corruption of the Council of Europe (GRECO). Based on the Act 17 and Act 25 § 3 of the Law on Protection of the Whistle-blowers, the Minister of Justice has passed the following sub-legal documents: Regulations on the manner of internal alert, on the manner of choosing the person in charge with the employer, and also concerning other matters of importance for internal alert with the employer with more than ten employees and the Regulations on the Programme to acquire specialized knowledge concerning the protection of whistle-blowers.
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