Dokaz o plaćenoj naknadi za pokretanje žalbenog postupka prema Zakonu o javnim nabavkama BiH – pravna dilema, praktična primjena i postepeno stvaranje sudske prakse
Proof of Payment of the Fee for Initiating an Appeal Procedure under the Law on Public Procurement of Bosnia and Herzegovina – Legal Dilemma, Practical Application and the Gradual Development of Judicial Practice

Summary/Abstract: Special focus is placed on the interpretation of the phrase "proof of paid compensation" and the requirement to "unequivocally establish that the transaction has been carried out", which in practice opens up dilemmas about the admissibility of payment slips, bank statements and electronic confirmations as evidence. The author points to the lack of alignment between the legal deadlines for reporting and deciding on an appeal, as well as the legal gap period that occurred between the entry into force of the law and the passing of the instructional acts. By analyzing the normative framework, the instructions of the Agency for Public Procurement and court practice, the paper concludes that the new legal solutions contribute to greater fiscal discipline and the reduction of abuses of the right to appeal, but at the same time require additional normative clarification to ensure uniform and fair application in practice.

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