NEKA PITANJA MEĐUNARODNE PRAVNE POMOĆI U IZVOĐENJU DOKAZA U GRAĐANSKIM I TRGOVAČKIM STVARIMA SA ELEMENTOM INOSTRANOSTI U PRAVU SRBIJE I EVROPSKE UNIJE
SOME QUESTIONS OF INTERNATIONAL LEGAL AID OF EVIDENCE IN CIVIL AND COMMERCIAL MATTERS WITH FOREIGN ELEMENT RIGHT SERBIAN AND THE EUROPEAN UNION

Summary/Abstract: Council Regulation (EC) no. 1206/2001 of 28 May 2001 regulate the issue of cooperation between the courts of the Member States of the European Union in the taking of evidence in civil and commercial matters. It is part of the efforts of Member States to question each other mutual legal assistance offices in a way that will korenspondirati with the overall EU integration developments, both on by the economic and broader social and political level. Until the adoption of Council Regulation 1206/2001, the issue of taking of evidence in civil cases with a foreign element between the Member States, it is regulated by the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters of 1970 or on the basis of bilateral agreements. The procedure, which they predicted was complex and lasted a long time, and proved to be inadequate for the requirements of the European Union as a community with a strong integration dynamics. Directions and consequences of the integration movement, demanded the establishment of efficient standards for the implementation of mutual cooperation between Member States in this area. The answer to this request represents a Council Regulation no. 1206/2001, introducing faster and more effective mechanisms in this segment of the international legal assistance. Their effectiveness is based on a simplified and direct contact between the courts of the Member States, the standardization of forms of communication, through the introduction of special forms to be used, the use of modern communication technologies, and the possibility of direct taking of evidence in the territory of another Member State. The right SRB their solutions in this area is based on is a national legislation and international treaties. Until 2010, when there was a ratification of the Convention on the Taking of Evidence Abroad in Civil or Commercial Stavař from 1970, these solutions mainly relied on the general principles of international legal assistance, leaving enough space specifics of this matter, and the fact of global flows intensifying economic and legal instruments in the world, particularly those relating to the premises of the European Union. By ratifying the Convention is a foundation was laid for providing answers to these questions with respect to the above mentioned facts, especially those that reflect the reality of the pro-European perspective SRB in her closer and economic-political movement and development.

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