Means of Evidence and Evidence Collection in Contested Procedure in Kosovo Cover Image

Means of Evidence and Evidence Collection in Contested Procedure in Kosovo
Means of Evidence and Evidence Collection in Contested Procedure in Kosovo

Author(s): Makfirete Krasniqi
Subject(s): Civil Law, Law on Economics
Published by: Kolegji ILIRIA and Felix-Verlag
Keywords: Evidence; site observation; documents; witnesses; experts; hearing of parties; insuring evidence; Law on Contested Procedure;

Summary/Abstract: The purpose of this paper is to serve as a helpful tool for students, jurists, lawyers, judges and others, in the professional and scientific aspect. In ruling a contested procedure in a professional manner, the court has to find the truth, so that the contested procedure is most efficient until reaching the final verdict. In my research, I intend to enrich the science with my knowledge in the field of contested procedure. In this study I have used analytical, comparative, synthesis, generalization and other methods. Those reading this paper will understand how evidence is the most important part in a fair trial, since failure to prove claims very often leads towards an incorrect situation; they will understand how difficult and painful would be forfeiting rights for the litigating party, which would lead to serious changes, such as losing property, losing a job, compensation of personal income, compensation for damage caused. The paper in itself contains deposited evidence, which maintain the level of estimation from the court in order to make a judgment in a contested procedure with a court verdict. In this paper I present the subject of: “Means of evidence and evidence collection in contested procedure”, where I have tried to research the theory but also the practice in contested proceedings, addressing the positive aspects, the deficiencies and novelties. In the legal provisions of the Law on Contested Procedure of the Republic of Kosovo, no. 03/L-006, of 30 June 2008, and Law no. 04/L-118, of 13 September 2012, on amendments to the Law on Contested Procedure, evidentiary means and evidence collection are included in chapter XXII.

  • Issue Year: 5/2015
  • Issue No: 2
  • Page Range: 199-227
  • Page Count: 29
  • Language: English