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IN-TRIAL JURISDICTION OF THE SUPREME COURT OF CASSATION

Regulated by Article 30 of the Law on Organization on Courts which provides that the Supreme Court of Cassation is competent to decide, in a trial:

  • On extraordinary legal remedies against decisions of the courts of the Republic of Serbia and in other matters specified by law,
  • On the conflict of jurisdiction between the courts, unless another court is competent; and
  • On the transfer of jurisdiction to facilitate proceedings, or for other important reasons.

In accordance with the jurisdiction of the Court established in the procedural laws (the Civil Procedure Code, the Criminal Procedure Code the Law on Administrative Disputes), based on the initial act of the Party, the Supreme Court of Cassation acts in criminal, civil and administrative matters:

1. In criminal cases:

  • Upon requests for the protection of legality,
  • In cases of conflict of jurisdiction and establishment of jurisdiction;

2. In civil cases:

  • Revision, direct revision
  • Upon requests for the protection of legality,
  • Upon requests for reconsideration of a final court decision,
  • Disputed legal issues,
  • Cases of conflict of jurisdiction, and delegation;

3. In administrative cases:

  • Upon request for reconsideration of a court decision,
  • Upon request for reconsideration of a final decision of a misdemeanor court,
  • Upon request for the protection of legality in misdemeanor cases,
  • In cases of conflict of jurisdiction,
  • At the request for extraordinary review of a court decision,
  • At the request for extraordinary review of a final misdemeanor decision,
  • At the request for protection of legality,
  • Upon appeal.

ALLOCATION OF CASES

In order to ensure equal workload of all the judges in the Court, newly received cases are first sorted by urgency and type of proceedings i.e.  legal matter, and then distributed according to the astronomical calculation of the time of receipt, using the method of random allocation of cases, in accordance with the established annual work schedule.

The Book of Court Rules provides that the cases are allocated by being manually entered into the record according to the order of receipt and serial number, that is, by use of professional case management software. The group of newly received cases is allocated first, followed by cases that arrived in court in other ways.

The party that filed the initial act in the court has the right to be informed, within three days of the filing, about the case number, the name of the judge designated to act in the case, and the court activities.

In the courts in which there are conditions to maintain electronic registers using information and communication technologies (ICTs), of which the Supreme Court of Cassation is one, the distribution of newly received cases is performed using a special program (mathematical algorithm) which provides that at the end of a distribution cycle all the judges have an equal number of newly received cases and an equal workload.

A case distribution cycle lasts one month. Exceptionally, the cycle of the distribution of cases may be longer if the number of newly received cases is lower than the number of judges assigned to a particular area of ​​law. In this case the court will determine the duration of the cycle in its annual work schedule.