Доказивање у поступку правне заштите у јавним набавкама у Босни и Херцеговини
Evidentiary Procedure in Legal Protection Procedure in Public Procurement in Bosnia and Herzegovina

Summary/Abstract: The paper discusses the legal aspects of evidentiary procedure within the framework of legal protection in public procurement processes in Bosnia and Herzegovina. The paper aims to analyze theoretical, legislative and practical elements of evidentiary procedure in the legal protection procedure before the Procurement Review Body of Bosnia and Herzegovina, and to consider the issue of the possibility of ascertaining the truth about the facts that are being determined in this procedure. Evidentiary procedure is observed through the concept, burden and evidentiary standards, and the impact these elements have on the effectiveness of legal protection mechanisms. Special emphasis is placed on the principles of the legal protection procedure reflected through their interrelation and influence on the evidentiary procedure. The paper further reviews the regulation of the matter of evidentiary procedures in the legal protection procedure, namely, the issue of unequal evidentiary standards for parties in the procedure, as well as the concept of the principles of the legal protection procedure. In that context, the paper offers a critical review of the existing legal solutions, and proposes amendments to the current legal framework with a view to ensuring more efficient implementation of the legal protection procedure.

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