PRAVNI ZAPISI • Year II • No. 2 • pp. 515-567


Language: Serbian

Prof. dr Rakić-Vodinelić Vesna
Redovna profesorka, Pravni fakultet Univerziteta Union u Beogradu




Pravni zapisi, No. 2/2011, pp. 515-567

Original Scientific Article

DOI: 10.5937/pravzap1102515R

the new Law on Civil Procedure; acceleration of litigation; violations of the right to a fair trial

The author presents the new Code of Civil Procedure of 2011 of the Republic of Serbia. One portion of the article is dedicated to the analysis of the provisions that should result in an expeditious trial, completed within a certain time period. Another portion of the article is dedicated to most important legal provisions that are new in the Code. In the conclusion the author argues that the Code has failed in the attempt to implement procedure for more efficient proceedings because the reasons for long-lasting proceedings are not based in legal provisions but within the practice of the courts and in the court environment. The Code has violated the standard of fairness of the proceeding, discriminating against the parties in a trial, while giving privileges to the State, as a party to the trial; the Code has disrupted the normal role of legal remedies introducing institutes conducive to censorship and protection of powerful individuals or groups, under the guise of protecting the collective interests and rights.