прописи на енглеском језику

This Law regulates the rights of financial service consumers in negotiating distance contracts on the provision of financial services by using means of distance communication, as well as the terms and manner of exercising and protecting those rights.

For the purposes of this Law:

1) distance contract is any contract concerning financial services concluded between a provider and a consumer under an organised service-provision scheme run by the provider, who, for the purpose of that contract, makes exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

2) financial services are lending and other banking services, insurance services, voluntary pension fund management services, financial leasing services, payment services, e-money issuing services, investment services and financial arrangements, within the meaning of separate laws governing those services;

3) financial arrangement is sale involving the payment of price in instalments or another form of consumer financing referred to in item 5), sub-item (1) of this Article with the same economic substance, offered by the vendor, which implies deferred payment of debt within a specified period and is subject to the provisions of the law governing the protection of financial service consumers;

4) service provider is:

(1) bank, within the meaning of the law governing banks,

(2) insurance undertaking, within the meaning of the law governing insurance,

(3) voluntary pension fund management company, within the meaning of the law governing voluntary pension funds,

(4) lessor, within the meaning of the law governing financial leasing,

(5) payment institution, e-money institution and public postal operator, within the meaning of the law governing payment services,

(6) investment company, within the meaning of the law governing the capital market,

(7) investment fund management company, within the meaning of the law governing investment funds,

(8) vendor, within the meaning of the law governing the protection of financial service consumers,

(9) other legal or natural persons providing financial services in the Republic of Serbia in accordance with EU laws and regulations;

5) consumer is a natural person who is using or has used financial services based on a distance contract, or who has approached the provider of financial services with an intention to conclude such contract and to use these services, more specifically:

(1) natural person who is using, has used or intends to use these services for purposes outside his business or other commercial activity,

(2) entrepreneur, within the meaning of the law governing companies,

(3) farmer, as a holder or member of a family agricultural household within the meaning of the law governing agriculture and rural development;

6) means of distance communication is any means which, without the simultaneous physical presence of the service provider and the consumer, may be used for the advertising of a service, provision of pre-contractual information, making and/or accepting the offer, negotiating and concluding a contract (e.g. internet, e-mail, mail, telefax and telephone);

7) durable medium is any instrument which enables the consumer to store information referring to him, to access this information and to reproduce it in unchanged form for a period of time adequate for the purposes of the information storage (e.g. paper, optical disk drive, USB flash drive, memory card, hard disk drive and e-mail).

Issues concerning consumer protection that are not regulated by this Law shall be accordingly subject to the provisions of regulations governing the protection of financial service consumers, consumer protection, bank operations, financial services under distance contracts, financial leasing, contracts and torts, and personal data protection.

If the law requires a specific type of financial service contract to be concluded exclusively in writing, the distance contract may be concluded also by using a means of distance communication in the form of electronic document, bearing a qualified electronic signature, in accordance with the law governing electronic signature.

The distance contract referred to in paragraph 2 hereof with the value of up to RSD 600,000 may be concluded by a consumer without using his qualified electronic signature, if he gave consent to conclude that contract using at least two elements of consumer identity verification (authentication) or using an electronic identification scheme with a high level of reliability, in accordance with the law governing electronic document, electronic identification and trust services in electronic business, and the regulation of the National Bank of Serbia governing minimum information system management standards for financial institutions.

The National Bank of Serbia may regulate in detail the manner of establishing the value of the contract referred to in paragraph 3 hereof.