The Ministry of Justice has produced a set of recommendations on the work of bailiffs and notaries during the state of emergency in Serbia, which was declared on 15 March 2020, aimed at preventing the spread of the COVID-19. The recommendations were made following a meeting with representatives of judicial institutions, legal practitioners, judicial professionals, and epidemiologists from the Public Health Institute of Serbia Dr Milan Jovanović Batut. The recommendations to notaries and bailiffs, as well as those on the work of courts and prosecutor’s offices, are available on the Justice Ministry website.
The Ministry has recommended that the Bailiffs Chamber issue instructions on the postponement of enforcement proceedings for the settlement of monetary and execution of non-monetary claims, in particular those conducted through the sale of the debtor’s real property or movable property or joint sale thereof, the transfer of earnings or salaries, paid leave benefits, pensions or other regular income. This recommendation does not apply to cases involving settlement of statutory maintenance claims, claims under the statute governing financial support for families with children, compensation for damage to health, disability allowance due to total or partial incapacity to work, and allowance for maintenance lost due to the death of the maintenance debtor.
Notaries have been advised, inter alia, not to schedule hearings for drafting death testimonies and conducting probate and other non-contentious proceedings delegated to them by the court which require personal appearance of the parties involved, and to postpone already scheduled hearings until further notice except in cases requiring urgent action. It is also recommended that drawing up of notarial documents should be scheduled and performed at intervals of at least one hour. In addition to receiving documents by e-mail, receipt in person should also be ensured by opening a counter which can be accessed by a limited number of parties.
Both bailiffs and notaries have been advised to organise their work so as to allow employees over 60 years of age, those with children under 12 and those with chronic health conditions to work from home. Information about their statutory activities under the new circumstances should be posted on the websites of the Bailiffs Chamber, the Notaries Chamber, and the Justice Ministry.