ULOGA SUDA U POGLEDU TERETA DOKAZIVANJA U PARNIČNOM POSTUPKU BOSNE I HERCEGOVINE I EVROPSKE UNIJE
THE ROLE OF THE COURT REGARDING THE BURDEN OF PROOF IN CIVIL PROCEEDINGS OF BOSNIA AND HERZEGOVINA AND THE EUROPEAN UNION

Summary/Abstract: The subject of the paper is the role of the court in the burden of proof in civil proceedings. Although the burden of proof is primarily on the parties, the role of the court in civil proceedings dictates that it undertakes actions that will enable the parties to gather all legally relevant facts, propose and produce evidence to prove those facts. Considering the intention of Bosnia and Herzegovina to become a member of the European Union, and that it needs to harmonize the law with the law of the European Union, in addition to the domestic law, the law of the European Union is analyzed in the paper. The goal of the research is to show how the court acts in relation to the burden of proof, what are its powers and how the court's actions reflect on the legal position of the parties. The aim of the research was reached by applying, first of all, the normative method by which the law of Bosnia and Herzegovina and the European Union was studied and examined. In addition to this method, the paper used a synthesis method based on which the basics of the burden of proof were pointed out in order to understand its nature and a deductive method on the basis of which the research was started, based on general knowledge about the burden of proof. Based on the research, it was found out that in Bosnia and Herzegovina the parties are obliged to present procedural materials and when the court finds that an individual party did not present legally relevant facts or did not prove them, the court may not ask questions that would influence the party to present and prove legally relevant facts. In the law of the European Union, in the procedure for issuing the European payment order and the European small claims procedure, the court is obliged to take actions that will influence the plaintiff to prove legally relevant facts, which is to the detriment of the defendant. Such behavior leads to inequality between litigants.

• Details
• Contents