PROTECTION OF CURRENT RECORDS IN NOTARY OFFICES IN THE FEDERATION OF BOSNIA AND HERZEGOVINA Cover Image

ZAŠTITA REGISTRATURNE GRAĐE U NOTARSKIM UREDIMA U FEDERACIJI BOSNE I HERCEGOVINE
PROTECTION OF CURRENT RECORDS IN NOTARY OFFICES IN THE FEDERATION OF BOSNIA AND HERZEGOVINA

Author(s): Nijaz Brbutović
Subject(s): Archiving, Preservation, Education and training
Published by: Arhiv Tuzlanskog kantona
Keywords: notary service; notaries; notary records and documents; originals and secondary documents; business books; notarial archive;

Summary/Abstract: Given that this is a new business that operates in our society, we can say that for a short time that a notary service existed in Bosnia and Herzegovina, it has done a lot for recognition and use of archival and office regulations. The Archives established cooperation and reviewed the statutory responsibility for oversight of all notaries who work in the Tuzla Canton, although there were some difficulties and attempts by some notaries, who attempted to challenge the jurisdiction of the Archives of Tuzla canton, in an attempt to deny the obligation to provide recorded documentation in an archive book and submission of transcripts of relevant records to the Archive. Legal grounds for denial of this obligation are shortcomings of the Law and the Rules of Procedure for notaries, who did not include nor anticipate such action. Also, the lack of laws and regulations governing the notary service is evident in the fact that it did not fully regulate keeping of documentation by the work of a notary. The legislator did not foresee the need for notaries to keep records in dedicated premises, like archives and depots. Because of the importance and significance of documentation created by notaries, evaluation of these documents can be classified into the first category. Documentation generated by notaries is no less worthy of documentation created by courts and other authorities and administrative services, such as municipalities. Therefore, we should devote our full attention to the documentation that comes from the work of the notary, in terms of its evaluation of the archival service, its storage in the appropriate space and equipment, and proper dealings with the responsible persons involved in its creation and care, until the relevant archives supervision and legal regulations are in place.

  • Issue Year: 2011
  • Issue No: 14
  • Page Range: 77-83
  • Page Count: 7
  • Language: Bosnian, Croatian, Serbian