Concept and types of digital property according to the Digital Property Law

The legal framework for the regulation of digital property in the Republic of Serbia is the Law on Digital Property (“Official Gazette of RS”, No. 153/2020), which entered into force on December 29, 2020. year, and applies after the expiration of six months from the date of its entry into force, i.e. from June 30, 2021, and tax regulations and regulations governing the prevention of money laundering and terrorist financing and general rules, such as e.g. laws governing obligations and companies.

The provisions of the Law on Digital Property (“Official Gazette of RS”, No. 153/2020) regulate:

  • Issuance of digital assets and secondary trading in digital assets in the Republic of Serbia
  • Provision of services related to digital assets
  • Lien and fiduciary right on digital property
  • The competence of the Securities Commission and the National Bank of Serbia
  • Supervision over the application of this Law.

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Enforcement motion and writ of execution

Enforcement proceedings and security interest proceedings are initiated by a judgment creditor filing a motion for the enforcement based on enforceable or credible document or a motion for a security interest or ex officio only when provided by the law.

A court decides on the motion for enforcement based on enforceable or credible document and a security interest motion.

A public enforcement officer decides on the motion for enforcement based on the enforceable or credible document for settling monetary claims arising from utility services and related activities.

A public enforcement officer decides on the motion for enforcement for settlement of a pecuniary claim against the enforcement debtors such as the Republic of Serbia, autonomous province or a unit of the local government, an indirect beneficiary of the budget funds which has been indicated in the motion for enforcement as the enforcement debtor, against whom the enforcement collection is carried out in terms of the regulations governing the execution of the budget in the same manner as against the direct beneficiaries of the budget funds and indirect beneficiary of the budget funds.

The enforcement proceedings are conducted upon adoption of the writ on enforcement or on security interest.

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