NAČELA PARNIČNOG I UPRAVNOG POSTUPKA
PRINCIPLES OF CONTENTIOUS AND ADMINISTRATIVE PROCEDURE

Summary/Abstract: In order to be able to determine mutual relation between contentious and administrative procedure, first and foremost it is necessary to know the similarities and differences between contentious and administrative procedure, more exactly the subjects of deliberation in both procedures respectively. In other words, it is necessary to determine which subject matters are to being solved pursuant to contentious procedure in regard to those that are being solved through administrative procedure, whereupon principles of both procedures are of essential assistance. Indeed, in order to do that we need know-how of substantive civil law and substantive administrative law. Many legal scientists emphasize that application of contentious or administrative procedure depends on whether a case is in the domain of public or private law. Taking into account the statement one can easily conclude that public-legal relationship, except criminal, are being protected by regulations of administrative procedure and majority civil-legal relationships are being protected by regulations of contentious procedures. This rule cannot be carried out fully in its original form, that is one cannot draw a line or boundary between court and administrative competency in terms of provision of legal protection in civil, family, labor, guardian, personal and other relations. Namely, sometimes by choice of parties same legal relationships are being realized through contentious or administrative procedures. Moreover, there are cases that on some legal relations administrative procedures are applied, while compensation for resulting damage are being realized through competent courts. Along with the stated, I would like to point out that some legal relations are initially resolved through administrative procedures and such decisions may, in the end, be contested through pressing charges before regular courts. Likewise, some legal relationships are being resolved in administrative court of first instance and in the second and last instance, those relationships are being resolved by competent courts through contentious procedures.

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