NAČELA GRAĐANSKOG SUDSKOG POSTUPKA U SVRSI ZAŠTITE OSNOVNIH LJUDSKIH PRAVA I SLOBODA
BASIC PRINCIPLES OF CIVIL PROCEDURE FOR THE PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

Summary/Abstract: In the paper, the author discusses the basic procedural principles of civil (litigation, executive and non-litigation) proceedings in the legal system of Bosnia and Herzegovina and the Republic of Srpska and their compliance with the most important documents on the protection of basic human rights and freedoms (primarily with the European Convention on the Protection of Human Rights and fundamental freedoms, which is an integral part of the Constitution of Bosnia and Herzegovina). Every human right becomes illusory without an appropriate mechanism for its realization and protection. Although the mechanisms of their protection in criminal proceedings are mostly discussed, we must not ignore the far greater number of violations of those same rights due to non-compliance with the basic procedural principles of civil court proceedings. This is precisely one of the reasons why the author decided to consider this topic theoretically. In her research, she will present a brief overview of the basic principles of civil procedure in Bosnia and Herzegovina and the Republic of Srpska, as well as to discuss whether they are sufficient to protect and realize the basic rights of people proclaimed in the Constitution and relevant international documents.

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