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          • Year: 2017
          • Proposed solutions for improving the legal framework on the Serbian security and intelligence system

          • In this document, prof. dr Bogoljub Milosavljevic proposes legal solutions whose implementation would lead to the normative improvement of the intelligence system of the Republic of Serbia.

        • Proposals are systematized by important groups of topics, i.e. legal notions. With every group of proposals it is shortly indicated what problem are detected and what are the possible solutions, after that formulations of legal provisions in form of amendments are given, whose implementation would result in the wanted solution.

          Proposals are based on Analysis of the Legal framework regulating the Security-Intelligence system of Republic of Serbiaand Model law on security services which was presented in 2016.

          The first part of the document consists of proposals for improving the Law on the Basic Regulation of the Security Services of the Republic of Serbia. It refers to bringing solutions in law concerning the operating principles of the service which would guarantee their political neutrality, regulations concerning cooperation and mutual exchange of information, as well as exchange with other state, non-state and international bodies. Furthermore, the direction and coordination of service operating is suggested, by changing the regulations regarding jurisdiction of National Security Council, and also by certain proposals concerning the Government and National Assembly, whose influence has been widely weakened during the past period. These regulations are followed by ones concerning supervision and control of security services. In that way, it is proposed that Law on the establishment of the Directorate-General of all three services should be amended, what would be more expedient solution than the existing separate inspectorate for Security-Information Agency (BIA) and military security services. Along with this, it is suggested to establish another body - Technical operative center, which would, for the needs of services, police and other state bodies, conduct supervision of electronical communications, telecommunications services and information systems.

          The second part of the legislation includes normative proposals for improving the Law on Security-Information Agency. The existing law does not have precise definition of jurisdiction and tasks and does not separate them from other security services and security bodies. Instead of existing regulations, more complete and precise provisions regarding jurisdiction and tasks of BIA could be implemented in the same law, as well as provisions concerning its cooperation with competent military security service. Also, normative arrangement of this service should be improved in the sense of regulations concerning management and internal arrangements, the use of measures to conceal the ownership of facilities and legal entities, as well as already mentioned control and supervision.

          Last proposals of legal solutions are proposals for improving Law on the Military Security Agency and Military Intelligence Agency. They include powers of Military Security Agency members, management and internal arrangements and control of work of these services. In this regard, provisions of law regarding appointment of directors of these services should be improved. That would, along with adoption of provisions about Directorate-General for all three services, lead to removing provisions concerning Inspector General VOA and VBA.

          Publication of this study was kindly supported by The Embassy of the Kingdom of the Netherlands in Belgrade, in the framework of the project “LEGASI - Towards Legislative Reform of Security Intelligence System”. The opinions expressed in the publication are solely those of the author and do not necessarily reflect the positions of the State of the Netherlands.

        • Tags: security services, legal framework, Law, Bogoljub Milosavljević
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