THE DECREE ON INTERNAL AFFAIRS DURING THE STATE OF WAR

I. THE BASIC PROVISION

Article 1

The Internal Affairs Act and other rules in the field of internal affairs shall be applied during the state of war unless it is otherwise determined by this Decree.

II. THE PREROGATIVES OF THE MINISTRY OF INTERNAL AFFAIRS

Article 2

The Ministry can restrict the movements (in the further text: detain) any person who disturbs public ordre and peace, speculates on the market under the conditions of the state of war, withdraws merchandise from circulation, creates stocks through the purchase of a large quantities of merchandise with the intention of contraband, raises prices without permission, conditions the purchase of staple food by purchase of other merchandise or by payment in foreign currency, or in any other way disturbs the prescribed currents of the provision of citizens with basic food or merchandise under special regime, as well as in other cases of endangering the security of citizens and the defence and security of the Republic, if it is necessary for the establishment of public order and peace or prevention of danger to defence and security.

Detention of persons may exceed 24 hours if due to insurmountable obstacles there is no possibility to initiate proceedings for misdemeanour of criminal offence.

The decisions on detention of persons according to para 1 of this article shall be enforced by institutions for the enforcement of institutional sanctions.

Article 3

When required by the reasons of the defence of the Republic the Minister may impose the protective measure of compulsory residence on a person representing a danger for the security of the Republic.

The measure from para 1 of this article will remain in force as long as the reasons for it exist, but not longer than 60 days. After this period the person shall be handed over to the organs of the judiciary.

The Ministry shall secure the conditions for the enforcement of the measure referred to in para. 1 of this article.

Article 4

For reasons of security competent officials of the Ministry may at the time of arrest, detention or deprivation of liberty search persons without a search warrant.

Competent officials may, without a search warrant, search persons and their belongings, vehicles and premises in order to determine whether such persons posses without permission arms, ammunition, explosives and other material that can be used for attacks or diversions, merchandise which is under special regime during the state of war, as well as propaganda material with hostile content.

Article 5

When so necessitated by the interests of security and defence of the country competent officials may, on the basis of the decision of their immediate superior, open letters and other postal articles, if there is a well founded reason to believe that they are related to a criminal offence.

Article 6

The competent officials of the Ministry can use firearms if they cannot otherwise prevent the escape of a person found committing a criminal offence which is prosecuted ex officio.

III LABOR RELATIONS AND DISCIPLINARY RESPONSIBILITY

Article 7

The status of a competent official shall be possessed by all workers in the Ministry of Internal Affairs (in the further text: the Ministry) designated as such by the Minister of Internal Affairs (in the further text: the Minister) or a person empowered by the Minister to do so.

Competent officials shall be bound to obey all orders of their superiors issued with the purpose of performing their work, except orders instructing them to commit acts which represent criminal offences.

Article 8

When so demanded by the interest of service the Minister or a person empowered by him/her may transfer a worker of the Ministry or temporarily assign him/her to work in another organisation or unit of the Ministry as long as this is demanded by the interests of the service.

The worker who is transferred or temporarily assigned to another organisation or a unit is bound to report to work immediately.

Article 9

In addition to grave offences provided for in the Act on Civil Servants in the Organs of the State and in the Internal Affairs Act, the following shall also be considered grave violations of working obligations and duties:

1. unwarranted absence or arbitrary departure from a war unit or institution;
2. violation of military secrets, recklessness and insufficient vigilance in the protection of documents or data;
3. failure to submit, or submission of incorrect reports or information, forging of official documents or information and use of forged documents;
4. manifestation of national, racial and religious intolerance and opposition to military, political and economic measures of the organs of the state, which can be conducive to the weakening of the unity in the defence of the country;
5. any other action or omission representing a grave violation of rules and orders or serious neglect and obstruction of the correct and smooth functioning of the service.

In addition to the measures and penalties provided for by the Internal Affairs Act grave violations of the working obligations and duties may be punished by the following:

1. restriction of movement of up to 60 days;
2. degradation to a lower degree or rank for the duration of 1 to 2 years.

The measures and penalties for grave violations of working obligations and duties shall be imposed by the head of the department of the Ministry or a person empowered by him/her, upon the proposal of the immediate superior.

Article 10

Offences against the working obligations which have failed to cause, or could not cause, damaging consequences and which by their nature, conditions under which they have been committed and other circumstances do not represent a grave offence against the rules of service or do not gravely endanger the interest and reputation of the service shall be considered light offences against the working duties.

In addition to the penalties provided for by the Internal Affairs Act the following penalties may be imposed:

1. prohibition to leave the barracks for up to 4 days;
2. restriction of movement for up to 30 days.

The penalties for the light offences against the working duties shall be imposed by the immediate superior in the police war unit.

Article 11

The penalty of restriction of movement in articles 9 and 10 in this Decree will be enforced in the premises of the Ministry.

Article 12

The worker against whom a measure or punishment for the violation of working obligations and duties has been pronounced may submit an appeal according to law. The appeal does not delay the enforcement.

Article 13

Students of the School of Internal Affairs above the age of 16 may be recruited to police units.

IV FINAL PROVISION

Article 14

This Decree shall enter into force on the day following its publication in the Official Gazette of the Republic of Serbia.

Belgrade, 31 March 1999

President of the Republic
Signed: Milan Milutinovic

The Official Gazette of The Republic of Serbia, No. 17, 7 April 1999