NEDOSTACI PRAVNE REGULACIJE UPRAVNIH UGOVORA U BOSNI I HERCEGOVINI
DEFICIENCIES IN THE LEGISLATION OF ADMINISTRATIVE CONTRACTS IN BOSNIA AND HERZEGOVINA

Summary/Abstract: The specificity of administrative contracts is reflected through the entities that conclude them, through the realization of a certain public interest, that is, the subject of the contracts, but also through the norms that regulate them. Therefore, it can undoubtedly be said that administrative contracts are a special type of contracts that differs from civil contracts. Their specificity is also visible through legal protection in the process of their conclusion and execution. Such legal protection in Bosnia and Herzegovina can be achieved in two types of procedures, which are regulated by different legal norms, but also for which different authorities are responsible. Administrative protection as the first form of protection is characterized by the right to appeal as a regular legal remedy, which is usually carried out according to the provisions of the Law on Administrative Procedures or the provisions of lex specialis such as the Law on Public Procurement, the Law on Concessions or the Law on Public-Private Partnerships, when such provisions are provided by the aforementioned laws. Judicial protection of administrative contracts is achieved before competent courts, where the most common form of protection is an administrative dispute. It is interesting to mention that disputes regarding administrative contracts are resolved before courts of general jurisdiction in Bosnia and Herzegovina.

• Details
• Contents