PROCES PRIDRUŽIVANJA – EKSPEDITIVAN I EFIKASAN PRAVOSUDNI SISTEM
PROCESS OF ACCESSION – EXPEDITIOUS AND EFFICIENT JUDICIAL SYSTEM

Summary/Abstract: As one of the bases for enforcement, execution is also prescribed on the basis of an enforceable document—a notarially certified contract establishing a pledge right, in the sense of the provision of Article 23 of the Law on Enforcement Procedure of the Federation of BiH, “Official Gazette of the Federation of BiH” no. 32/03, 52/03, 33/06, 39/06, 39/09, 35/12, 46/16, 29/05. Respecting the principle of strict formal legality in the enforcement procedure, and considering the parties in the enforcement procedure based on active and passive legitimacy arising from the enforceable title, it is possible to change the participants in the procedure, pursuant to the provisions of Article 30 of the Law on Enforcement Procedure. Namely, in this paper, the focus of the research is on the possibility of changing active legitimacy, that is, the applicant for enforcement during the course of the enforcement procedure. The aim of the research is to highlight the fact that a change on the side of active legitimacy may influence the duration of the enforcement procedure, which is contrary to Article 5 of the Law on Enforcement Procedure, and the right to a trial within a reasonable time, according to the European Convention on Human Rights and Fundamental Freedoms. (In the following text: EKLJP.)

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