SUĐENJE NA DALJINU KAO PRETPOSTAVKA VOĐENJA PARNIČNOG POSTUPKA
DISTANCE TRIAL AS AN ASSUMPTION CONDUCT OF LITIGATION PROCEDURE
Author(s): Alaudin Brkić, Smajo ŠabićSubject(s): Health and medicine and law, ICT Information and Communications Technologies, Sociology of Law, Court case
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: litigation; information technologies; distance hearing; litigants; pandemic; digitization of litigation proceedings;
Summary/Abstract: Traditional way of guidance civil procedure is made of “Law of civil procedure” where it is written that attendance of everyone included in the case is mandatory. Development of modern information technologies and having emergency situation as it was with COVID-19, made us thinking how to provide litigants access to the court, while at the same time having the traditional way of conducting litigation, which is based on the principle of immediacy, the principle of publicity, and the principle of adversariality. All of these principle should be incorporated with digital information solutions that would contribute more economically and functionally guidance civil procedure with all rights of civil retained. Through this scientific research, writer will by researching the possible way of conducting court litigation using informational videoconference technologies with a special focus on comparative legal solutions, with the aim of researching the possible organization of trials without the need for the physical presence of litigants and other participants during the process, through finding possible appropriate legal solutions that would create prerequisites for holding remote hearings as a more functional way of conducting civil proceedings.
Journal: Anali Pravnog fakulteta Univerziteta u Zenici
- Issue Year: 16/2023
- Issue No: 33
- Page Range: 361-375
- Page Count: 15
- Language: Bosnian