ОСВРТ НА ПРИМЈЕНУ ПОЈЕДИНИХ ОДРЕДАБА ЗАКОНА О ИЗВРШНОМ ПОСТУПКУ РЕПУБЛИКЕ СРПСКЕ – НЕКА СПОРНА ПИТАЊА У СУДСКОЈ ПРАКСИ
REVIEW OF THE APPLICATION OF CERTAIN PROVISIONS OF THE LAW ON EXECUTIVE PROCEDURE OF THE REPUBLIC OF SRPSKA - SOME CONTROVERSIAL ISSUES IN JUDICIAL PRACTICE

Summary/Abstract: Enforcement proceedings as a procedure of forced realization of claims should be normatively, ie legally conceived in such a way as to ensure the forced realization of claims in the most efficient way. This procedure should provide legal entities as creditors with legal protection, which in the enforcement procedure received its full and final materialization. To this end, the legislator must take into account that the Law on Enforcement Procedure must not be viewed outside the context of the legal system as a whole, which means that the law cannot be enacted or interpreted and applied in isolation from other norms within the legal system. In other words, only the essential unity of the norms of executive procedural law with the norms of the Law on Civil Procedure that are appropriately applied in enforcement proceedings, and the norms of substantive regulations referred to by the Law on Enforcement Procedure with regard to substantive presumptions and consequences of enforcement, can be said about a system that provides efficient and complete legal protection. In this regard, in this paper we will critically look at certain provisions of the Law on Enforcement Procedure of the Republic of Srpska, and the provisions of other regulations relevant to the enforcement procedure, pointing out the doubts faced by the executive courts in interpreting and applying them. the aims of their reexamination and giving de lege ferenda proposals

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