ПОКРЕТАЊЕ ИЗВРШНОГ ПОСТУПКА
INITIATION OF ENFORCEMENT PROCEEDINGS

Summary/Abstract: The basic procedural principles related to initiation of enforcement proceedings are the principle of disposition and the principle of officialdom. The primary procedural principle in respect of the initiative for opening of enforcement proceedings is the principle of disposition. The rules on enforcement proceedings envisage the initiation of enforcement proceedings ex officio in the cases defined by law. Cases where enforcement proceedings are initiated according to the principle of officialdom are relatively numerous. Officially initiated enforcement proceedings are conducted in general interest of enforced collection of public-legal claims. The enforcement petition as an act for initiation of enforcement proceedings differs in terms of contents and function depending on whether the enforcement proceedings are initiated based on an enforceable document or based on an authentic document. If the court initiates the enforcement proceedings ex officio, there is no petition as an initial action to open the enforcement proceedings. The author pointed out these differences and specifics in the work.

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