Initiative for Review of the Draft Law on Amendments to the Criminal Code of the Republic of Srpska Regarding the Application of the Rules for Drafting Laws and Other Regulations

Dear All,

We are addressing you with an initiative to review the Draft Law on Amendments to the Criminal Code of the Republic of Srpska regarding the application of the Rules for Drafting Laws and Other Regulations of the Republic of Srpska (“Official Gazette of the RS No. 24/2014).

On the official website of the Ministry of Justice of the Republic of Srpska, which is the proponent of the Law on Amendments to the Criminal Code of the Republic of Srpska, in February of the current year, the Preliminary Draft of the Law on Amendments to the Criminal Code of the Republic of Srpska was published, which is in accordance with Article 99, paragraph 3 of the Rules for drafting laws and other regulations of the Republic of Srpska. In the text of the Preliminary Draft contained on four pages, there are eight articles of the law that are changed or supplemented in the basic text of the law.

Evidence: Preliminary Draft of the Law on Amendments to the Criminal Code of the RS from February 2023.

On March 3, 2023 on the official website of the Ministry of Justice of the Republic of Srpska, the text of the Draft Law on Amendments and Supplements to the Criminal Code of the Republic of Srpska was published, which differs to a large extent from the text of the Preliminary Draft, especially since a new Chapter XVIIa has been introduced, prescribing criminal offenses against honor and reputation. Seven articles are prescribed in this chapter, of which four articles are new criminal offenses: insult, defamation, disclosure of personal and family circumstances, and public exposure to humiliation due to belonging to a certain race, religion or nationality. In the explanation of the Draft Law on Amendments to the Criminal Code of the RS on page 8, it is stated that “The Draftsman determined that this law is of interest to the public, and the Law was published on the website (www.vladars.net) with the seven days deadline for submitting remarks and suggestions. There were no objections or suggestions to the proposed text.”

Evidence: Draft Law on Amendments to the Criminal Code of the RS from March 2023.

In the specific case, it is disputed that the drafter- the Ministry of Justice of the Republic of Srpska, published on the official website different texts of the Preliminary Draft and the Draft Law on Amendments and Supplements to the Criminal Code of the RS, making it impossible for the interested public to make comments and suggestions on criminal acts against honor and reputation.The Ministry stated in the text of the Draft that there were no objections and suggestions to the proposed text, and that the Preliminary Draft did not even publish criminal offenses against honor and reputation.

In addition to the above, the Ministry significantly shortened the deadlines for submission of comments and suggestions, from 15 days as stipulated in the Guidelines for Consultations in the Drafting of Regulations and Other General Acts of the RS, the deadline was shortened to only 7 days, which is unacceptable. These guidelines prescribe the manner and procedure of conducting consultations with the public, which are followed by the Government of the Republic of Srpska and republican administrative bodies when drafting regulations and other general acts, and their goal is to contribute to public participation in the adoption of regulations and other general acts, enable better information, more effective decision-making and social responsibility.

We use this opportunity to remind you that the Rules for Drafting Laws and Other Regulations of the Republic of Srpska stipulate that when the preparation of a preliminary draft of a law is done by a republican administrative body, consultations with other administrative bodies to which the subject matter of the law applies must be carried out, and when estimated that it is necessary, with interested associations of citizens, business entities and other interested legal entities. Then, based on the outcome of consultations on the Draft Law, a Draft Law is prepared.

We also remind you that the Constitution of the Republic of Srpska guarantees citizens’ rights to publicly express their opinion on the work of state and other bodies and organizations, to submit applications, petitions and proposals to them and to receive a response.

From all of the above, it is clear that the drafter of the law violated the rights of citizens guaranteed by the Constitution, and that the Draft Law on Amendments to the Criminal Code of the Republic of Srpska was not drafted in accordance with the Rules, which is why it cannot be referred to the adoption procedure, and it is necessary to returned it to the proposer.

For the above reasons, we are submitting an initiative to the Legislative Committee of the National Assembly of the Republic of Srpska to determine that the Draft Law on Amendments to the Criminal Code of the Republic of Srpska was not drafted in accordance with the Rules, and that it must be returned to the proposer.

Initiative of the National Assembly of the Republic of Srpska