Solution without introduction of fiscal cash registers - representatives of Serbian Bar Association and authorized government organs started negotiations

- The representatives of the Serbian Bar Association (AKS) and the authorized government organs have started the negotiations on the new model of control and taxation of incomes of lawyers, the one that will be more efficient than current lump sum payment, but without introduction of fiscal cash registers, and the final result should be a change in the Government's regulation that stipulates fiscalization of the advocacy starting March 1st – the President of the Serbian Bar Association, Dragoljub Đorđević, told Dnevnik.

Pointing out that there are no fiscal cash registers for legal profession in any European country, lawyer Đorđević estimates that the negotiations are heading in good direction.

– The basic message of the lawyers of Serbia is that they do not want to avoid their fiscal obligations in any way, but that the right model should be found, primarily in the light of the constitutional position of advocacy in Serbia and in the light of EU directives concerning the legal profession. It is already underlined in the previous negotiations with the representatives of the Government of Serbia that we are going to have proactive role when it comes to suggestions for solutions that are acceptable from the viewpoint of the EU standards related to control of lawyers' incomes. In any case, we think that we are on a good way – said Đorđević.

When formulating their suggestions, lawyers will be helped by the experts hired by AKS, as Đorđević pointed out, "and in relation with the comparative-legal approach and comparative approach in regard to certain EU countries that have excellently developed systems of the lawyers' incomes control".

On the occasion of earlier announcement that the lawyers may start protest in February if the Regulation is not changed in the way that the lawyers are excluded from fiscalization, Đorđević says that that decision will be made by the organs of AKS and the Assembly.

– Since we are in the middle of negotiations and since the Assembly is approaching, we still can not tell what our reaction will be. If we definitely conclude that the negotiations are heading in good direction, we will give up the protest. On the other hand, I must say that that protest can be used to blame the lawyers for non-efficient work of the judicial system after this reform, and that can be expected since the whole story about the beginning of work has just started. Lawyers unconditonally do not want fiscal cash registers, and that is also a message for the public and all the others. The reason lies, primarily, in the fact that we protect the public interest of the state we belong to, which publicly declares that it respects European values and that it wants to join European Union. If that is really the case, fiscal cash registers can not be used to control the incomes of lawyers – said Đorđević.

He added that "lawyers are now obliged to issue bills to their clients for the services they provide".

– I've noticed that many people started citing the public opinion when it comes to the problem of introduction of fiscal cash registers for lawyers. However, it is a system problem that can be resolved only by the very top of the authorities, and that discussion about fiscal cash registers and basic principles of advocacy can not be put down to the level of a discussion at the market. There is no way that "a regular man" can know what the essential problem is – Dragoljub Đorđević points out.