REVIEW OF THE APPLICATION OF CERTAIN PROVISIONS OF THE LAW ON EXECUTIVE PROCEDURE OF THE REPUBLIC OF SERBIA - SOME CONTROVERSIAL ISSUES IN COURT PRACTICE

Abstract

The enforcement procedure as a procedure for forced realization of claims should be normatively, that is, legally conceived so as to ensure the forced realization of claims in the most efficient way. This procedure should provide legal protection to the subjects of rights as creditors, which in the enforcement procedure gets its full and final materialization. In the stated goal, the legislator must take care that the Law on Executive Procedure must not be viewed outside the context of the legal system as a whole, which implies that the said law cannot be enacted, nor interpreted and applied in isolation in relation to other norms within the legal system of the state . In other words, only the essential unity of the norms of executive procedural law with the norms of the Law on Civil Procedure, which are appropriately applied in the enforcement procedure, and the norms of substantive regulations to which the Law on Enforcement Procedure refers in terms of substantive legal assumptions and consequences of enforcement, can be spoken of. about one system that enables effective and complete legal protection. In this regard, in this paper we will critically review certain provisions of the Law on Executive Procedure of the Republic of Srpska, as well as other provisions for the executive procedure of relevant regulations, pointing out the doubts that executive courts face when interpreting and applying them, and all in with the aim of reviewing them and giving a de lege ferenda proposal.