
Published in the Službeni glasnik RS, No. 18 of 1 March 2016 and 95/18 of 8 December 2018 (Authentic Interpretation)
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Part One
INTRODUCTORY PROVISIONS AND BASIC PRINCIPLES OF ADMINISTRATIVE PROCEDURE-
I. INTRODUCTORY PROVISIONS
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II. BASIC PRINCIPLES OF ADMINISTRATIVE PROCEDURE
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I. INTRODUCTORY PROVISIONS
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Part Two
ADMINISTRATIVE PROCEDURE-
I. ADMINISTRATIVE ACT
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II. GUARANTEE ACT
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III. ADMINISTRATIVE CONTRACT
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IV. ADMINISTRATIVE ACTIONS
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V. PROVISION OF PUBLIC SERVICES
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I. ADMINISTRATIVE ACT
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Part Three
BASIC RULES OF PROCEDURE-
I. PARTICIPANTS TO ADMINISTRATIVE PROCEDURE
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1. Jurisdiction of Authorities
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Subject Matter Jurisdiction
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Territorial Jurisdiction
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Territorial Jurisdiction of Several Authorities
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Obligation of Rules on Subject Matter and Territorial Jurisdiction
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Special Limits of Jurisdiction
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Conflict of Jurisdiction
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Subject Matter Jurisdiction
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2. Authorised Official
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Authorised Official and Delegation of Powers
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Exclusion of the Authorised Official
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Deciding on Exclusion of an Authorised Official
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Authorised Official and Delegation of Powers
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3. Cooperation and Official Assistance
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Unique Administrative Place
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International Legal Assistance
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Unique Administrative Place
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4. Party to the Administrative Procedure and its Representation
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Party to Administrative Procedure
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Suspension of Procedure due to Cessation of Existence of a Party
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Procedural Capacity and Party Representation
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Attorney
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Expert Aide
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Translation and Interpreters
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Party to Administrative Procedure
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1. Jurisdiction of Authorities
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II. COMMUNICATION BETWEEN AUTHORITIES AND PARTIES
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1. Manners of Communication
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2. Submissions
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3. Minutes
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4. Perusal of Case Files and Notification during Procedure
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1. Manners of Communication
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III. NOTIFICATION
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1. Basic Provisions
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Term and Manner of Notification
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Places where Notifications are Served
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Notification in Special Cases
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Attorney for Receipt of Notifications
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Term and Manner of Notification
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2. Notification Procedure
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Notification by Electronic Means
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Notification by Mail
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Service
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Notification by Electronic Means
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1. Basic Provisions
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IV. TIME LIMITS
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Setting and Extension of Time Limits
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Calculation of Time Limits
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Abiding by Time Limit
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Returning to Earlier State
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Setting and Extension of Time Limits
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V. COSTS OF PROCEDURE
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I. PARTICIPANTS TO ADMINISTRATIVE PROCEDURE
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Part Four
FIRST-INSTANCE PROCEDURE-
I. INSTITUTION OF PROCEDURE AND PARTIES’ REQUESTS
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1. Manner of Institution of Procedure
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2. Moment of Procedure Institution
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3. Dismissal of Party’s Request
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4. Request for Recognition of Party’s Capacity
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5. Institution of Procedure by Communication to the Public and Joining Administrative Matters into One Procedure
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6. Amendment of Request
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7. Withdrawal from Request and Consequences of Withdrawal
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8. Settlement
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1. Manner of Institution of Procedure
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II. TERMINATION AND SUSPENSION OF PROCEDURE
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1. Termination of Procedure
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2. Suspension of Procedure
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1. Termination of Procedure
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III. COURSE OF PROCEDURE PENDING DECISION
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1. Common Provisions
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Manner of Determining Facts in Procedure
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Obligation of the Authority to Obtain Data Ex Officio
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Manner of Determining Facts in Procedure
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2. Direct Decision-Making
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3. Temporary Measures
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4. Investigation Procedure
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5. Preliminary Issue
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Term
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Instituting Procedure in which the Preliminary Issue is Resolved
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Term
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6. Oral Hearing
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Obligation and Hearing
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Summons
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Videoconference Oral Hearing
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Publicity of Oral Hearing. Exclusion of Public
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Public Disclosure of Oral Hearing
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Absence of Party from Oral Hearing
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Place of Oral Hearing and Maintaining Order
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Obligation and Hearing
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7. Proving
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Proving Facts
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Presenting Evidence before a Requested Authority
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Documents
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Witnesses
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Expert Witnessing
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Obligation of Expert Witnessing, Denying Expert Witnessing and Exclusion of Expert Witness
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Rules of Expert Witnessing
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Application of this Law
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Interpreters
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On-site Investigation
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Party’s Statement
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Preservation of Evidence
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Proving Facts
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1. Common Provisions
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I. INSTITUTION OF PROCEDURE AND PARTIES’ REQUESTS
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Part Five
DECISION AND CONCLUSION-
I. BASIC PROVISIONS ON DECISION
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II. FORM AND ELEMENTS OF DECISION
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III. CORRECTION OF ERRORS IN DECISION
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IV. TIME LIMIT FOR ISSUANCE OF DECISION
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V. CONCLUSION
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I. BASIC PROVISIONS ON DECISION
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Part Six
LEGAL REMEDIES-
I. OBJECTION
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Right to Objection and Time Limit for Making an Objection
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Making an Objection and Acting upon Objection
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Deciding on Objection
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Authority’s Authorisations in the Procedure based on Appeal against Decision on Objection
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Right to Objection and Time Limit for Making an Objection
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II. APPEAL
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1. Basic Provisions
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Right to Appeal
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Notifying a Person to whom the Capacity of a Party has not been granted of the Adopted Decision
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Time Limit for Appeal
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Suspensory Effect of Appeal
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Exceptions from the Suspensory Effect of the Appeal
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Waiving the Right to Appeal
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Abandonment of Appeal
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Reasons due to which the Decision may be contested
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Substance of Appeal
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Filing of Appeal to the First-Instance Authority
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Filing of Appeal to the Second-Instance Authority
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Right to Appeal
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2. Actions upon Appeal by First-Instance Authority
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Dismissal of Appeal
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Cancellation of the Contested Decision by the First-Instance Authority
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Submitting the Appeal for Response
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Upholding the Instrument of Appeal
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Forwarding the Appeal to the Second-Instance Authority
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Dismissal of Appeal
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3. Actions upon Appeal by Second-Instance Authority
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Deciding on Appeal
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Scope of Examination of Contested Decision
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Amendment of the Contested Decision for the Benefit and to the Detriment of the Complainant
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Dismissal of Appeal
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Annulment of the Contested Decision and Deciding on an Instrument of Appeal or an Administrative Matter
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Amendment of Contested Decision
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Appeal when the First-Instance Authority has failed to Issue a Decision in the Legally Specified Time Limit
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Time Limit for Deciding on Appeal
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Deciding on Appeal
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1. Basic Provisions
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I. OBJECTION
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Part Seven
SPECIAL CASES OF REMOVAL AND AMENDMENT OF DECISION-
I. AMENDMENT AND ANNULLMENT OF DECISION IN RELATION TO THE ADMINISTRATIVE DISPUTE
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II. REOPENING OF PROCEDURE
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III. DECLARING A FINAL DECISION NULL AND VOID
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IV. CANCELLATION OF DECISION
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V. ANNULMENT, CANCELLATION OR AMENDMENT OF FINAL DECISION AT THE RECOMMENDATION OF THE OMBUDSMAN
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VI. COMMON PROVISIONS
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I. AMENDMENT AND ANNULLMENT OF DECISION IN RELATION TO THE ADMINISTRATIVE DISPUTE
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Part Eight
ENFORCEMENT-
I. GENERAL PROVISIONS
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Enforceability of the Decision
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Administrative and Judicial Enforcement
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Enforceability of the Decision
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II. ADMINISTRATIVE ENFORCEMENT
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1. General Provisions
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2. Enforcement Procedure
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3. Enforcement to Provide Security
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1. General Provisions
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I. GENERAL PROVISIONS
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Part Nine
PENAL PROVISIONS-
Liability for Offences
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Liability for Offences
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Part Ten
IMPLEMENTATION OF THE LAW, TRANSITIONAL AND FINAL PROVISIONS-
I. IMPLEMENTATION OF THE LAW
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II. TRANSITIONAL AND FINAL PROVISIONS
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I. IMPLEMENTATION OF THE LAW
