Area: Javna uprava
Competent authority: MP
EZU URL: .nan
Initiative ID: 1106
Initiative accepted and completed: .nan
Initiative classified in EZU: .nan
Initiative forwarded in response: '2021-01-22'
Initiative published: '2021-01-22'
Initiative submitted: '2021-01-22'
Response from the competent authority: Answer from the Ministry of Justice:In procedural
  law, domestic authentic instruments are documents issued in the prescribed form
  by an authorised legal entity and, as such, they prove the truth of what they state.
  In legal transactions within a State, therefore, what is certified in the instrument
  is presumed to be true and its truth is bound by the seal of the issuing entity.
  This means that it is immediately recognised as genuine by the competent person
  in the country, whereas in the case of foreign instruments, the competent person
  is not familiar with the structure of the State authorities and the prescribed form
  of the instrument, which requires a different treatment.One of the conditions for
  the proper treatment of foreign documents is therefore a translation (either into
  the official language of the country in which the document is to be used or into
  another required language), and in most countries the competent authorities also
  wish to verify that the foreign public document has been signed by a competent person
  or to authenticate it, depending on the international instruments concluded on the
  procedures for legalising documents. In countries with which the Republic of Slovenia
  has concluded bilateral agreements, such agreements provide for exemption from the
  legalisation of public documents and thus the authentication of documents is not
  necessary (e.g. Republic of Serbia, Austria, BIH, etc.). However, for EU Member
  States, Regulation 2016/1191 applies, whereby, in accordance with the Regulation,
  a certificate of impunity on the prescribed form (which is prescribed by the Regulation
  and is annexed to the certificate of impunity) may only be issued for use in another
  EU Member State, and all public documents issued in accordance with this Regulation
  are exempt from legalisation. The authentication with the "Apostille" stamp may
  be required for the presentation of documents in the countries signatory to the
  Hague Convention of 5.10.1961 abolishing the need for legalisation of foreign authentic
  instruments. We would add that Article 4 of that Convention provides that the Apostille
  stamp may be issued in the official language of the issuing authority. This means
  that the competent authority abroad should not require a translation of the Apostille
  stamp itself, but may, of course, require a translation of the document itself.
  In countries which are not signatories to the Hague Convention, the presentation
  of documents is subject to a so-called 'long authentication', which means that the
  document is finally authenticated by the competent diplomatic consular mission after
  all the necessary authentications have been carried out by the competent authorities
  (court, Ministry of Justice, Ministry of Foreign Affairs). We would also like to
  add that the Republic of Slovenia and the USA are signatories to the said Convention,
  which means that the use of public documents in one of the countries requires authentication
  with the "Apostille" stamp, while the People's Republic of China (with the exception
  of Hong Kong and Macao) is not a signatory to the said Convention, which means that
  the use of Slovenian public documents requires the so-called "long authentication".
  The country to which a foreign authentic instrument is presented may request a translation
  of the instrument, whether or not it is a signatory to the Hague Convention. We
  would like to add that if a person submits a request via the e-Government portal
  and claims a certificate abroad, he/she must indicate this accordingly, as the certificate
  must be signed by the clerk in his/her own handwriting (for the purposes of translation
  and apostille). As a rule, this is easiest for the parties to arrange if they have
  an attorney in the RS, but the problem with e-Government is that the person is not
  able to attach a power of attorney for the attorney to obtain information from the
  criminal record. Due to the current epidemiological situation, it is currently possible
  to submit a request for a certificate of no criminal record and a power of attorney
  via email (scanned). The certificate itself is sent to the individual by conventional
  mail.In view of the increasing needs of our citizens, the Ministry of Justice is
  considering the possibility of issuing bilingual certificates, as we are aware that
  this may represent a time and financial burden.
Text file: 1106.txt
Title: Translation of a certificate of no criminal record
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=1106
