VANREDNI PRAVNI LIJEKOVI U KRIVIČNOM POSTUPKU
EXTRAORDINARY LEGAL REMEDIES IN CRIMINAL PROCEEDINGS

Summary/Abstract: The right to an effective legal remedy is guaranteed both by domestic and international law. In domestic legal system, the Constitution of Bosnia and Herzegovina indirectly guarantees this right under the Article II.3.e., while detailed provisions and elaboration of right to a legal remedy exists in criminal procedural legislation in BiH, primarily in criminal procedural laws. The right to a legal remedy, as a basic human right, arises from a number of significant international documents: Article 8. of the Universal Declaration of Human Rights, Article 14., paragraph 5 of the International Covenant on Civil and Political Rights, Article 13. of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and in particular Article 2., paragraph 1 of Protocol No. 7. to the anteriorly mentioned European Convention.In criminal procedural theory,the most important classification of legal remedies is a classification into ordinary and extraordinary legal remedies. First instance court decisions can be challenged by ordinary legal remedies, before they become final and enforceable. Extraordinary legal remedies can challenge final court decisions only in specific situations and on particular grounds. This paper explains extraordinary legal remedies in detail, under criminal procedural laws applicable in Bosnia and Herzegovina. Subsequently, summarized comparative presentation of extraordinary legal remedies in the legislation of some neighboring countries (Croatia, Serbia, Montenegro) is given.The aim of theoretical, legislative and partly practical analysis stated in this paper is comprehension of different models for arrangement of extraordinary legal remedies, and their individual statutory regulations, in order to improve legislation in this domain in Bosnia and Herzegovina,especially in terms of achieving greater efficiency and effectiveness of the use of certain extraordinary legal remedies in criminal proceedings.

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