PRIMJENA ČLANA 37. ZAKONA O IZVRŠNOM POSTUPKU FEDERACIJE BIH PRED SUDOVIMA U FEDERACIJI BIH
IMPLEMENTATION OF THE ARTICLE 37 OF THE ENFORCEMENT PROCEEDINGS LAW OF FEDERATION BIH BEFORE THE COURTS OF JUSTICE IN FEDERATION BIH

Summary/Abstract: The subject of this paper is implementation of the Article 37 od the Enforcement Proceedings Law in Federation BiH. In regular activities, there are different court practices because of different implementation of the above mentioned regulation. There are different interpretations and standpoints resulting in different decisions in the procedures of the courts of first instance, as well as in the decisions on the appeals of the courts of second instance. The court is an authority that implements enforcement, and with the wrong interpretation of the aforementioned reglulation and practices of the court, the enforcement proceedings is reduced solely to court activities that, as a rule, are supposed to be perfomed by the party in the proceedings (enforcement claimmant). It is not the rare case that in the enforcement proceedings, the claimant acts in a passive manner during the proceedings, expecting the court to evaluate the potential property of the defendant. If the court accepted the manner in which the enfocement claimants propose the implementation of enforcement, and if it accepted to verify and evaluate, on their behalf, the potential existence of the property of the defendant requesting the evidence from a number od authorities and legal entities, without making it probable that the defendant owns any such property registered by them, such a proposal, per sei, would lead to transfer of the obligation of the party (enforcement claimant) to the court of justice, which, from the aspect of implementation of the principle of equality of the parties and the principle of impartiality of the court would be unacceptable and contrary to the Article 37 of the Enforcement Proceedings Law of Federation BiH. This paper is aimed to provide better understanding and implementation of the legal regulation, pointing out the existing positive practice the result of which would be an efficient and rightful proceedings and harmonization of practice in the courts of Federation BiH, providing that the courts act equally when they make decisions on the claims in the enforcement proceedings submitted for enforcement and requesting verification of the property of the defendant through the court of justice. To conclude, de lege ferenda hereby it is proposed to completely change the regulation defined in the Artice 37 of the Enforcement Proceedings Law.

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