DIGITALIZACIJA NOTARSKE SLUŽBE U BOSNI I HERCEGOVINI U FUNKCIJI EFIKASNIJEG POSLOVANJA PRIVREDNIH SUBJEKATA: STANJE I PERSPEKTIVE
DIGITALIZATION OF THE NOTARY SERVICE IN BOSNIA AND HERZEGOVINA FOR MORE EFFICIENT BUSINESS OPERATIONS OF BUSINESS ENTITIES: CURRENT STATUS AND PERSPECTIVES

Summary/Abstract: The Notary Service, as a public service, was introduced into the legal system of Bosnia and Herzegovina seventeen years ago, following the example of developed systems in the European continental legal circle. The main goal of introducing this service is to achieve a higher level of legal certainty, prevent disputes, and efficiently provide services for which notaries, as holders of public office, are responsible, both to citizens - individuals, and to businesses. Digitalization, as a modern demand and challenge in all significant social segments, cannot bypass the notary service given the nature of the services it provides to its users. Therefore, it is necessary to take necessary steps to adapt to new social circumstances and enable users to have more efficient and faster access to the services of this public service. This paper deals with the question of the existence or non-existence of prerequisites for the digitalization of the notary service within the context of the current legal framework, from the perspective of the business operations of economic entities and the increase in the efficiency of their operations through faster and simpler access to notary services. The aim of the paper is to present legislative barriers to electronic business by notaries, through an analysis of current regulations, but also to highlight the advantages of digitizing certain segments of the notary service relevant to the operations of economic entities de lege ferenda, such as the procedure for establishing economic entities, obtaining current extracts from relevant registers, as well as certificates of facts that a notary can provide based on insight into relevant registers, and electronic registration procedures in public registers (land registers and registers of business entities). In addition to analyzing the domestic legal framework, the paper will provide a brief overview of achievements in the digitalization of this service in the countries of the region and the European Union, as models that Bosnia and Herzegovina could follow.

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