Циљеви и домашај реформе извршне процедуре
Objectives and Scopes of the Executive Procedure Reform

Author(s): Gordana Stanković
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: The procedure of enforcement; Reform of the procedure of enforcement;
Summary/Abstract: The procedure of enforcement as a part of the civil court procedure is the final act of exercising the postulated legal protection provided by the state and the legally regulated activity by which the legal order in factual life relations is achieved. The implementation of the procedure of enforcement ends the procedure for providing legal protection of civil subjective rights by enforcing in a legally regulated procedure the situation or right that was determined legal in the previously conducted legal protection procedure. In this way, the normative legal order is realized in factual life relations, because the facts are in line with the law, the principle of legality is realized and the idea of the legal state is manifested. The procedure of enforcement as a segment of the enforcement procedure is an indicator of the degree of realization of rights in the society. Non-enforcement of court decisions or delay in the procedure of enforcement is a sure sign of a general crisis of the legal system and an indicator of its dysfunction and inefficiency. For that reason, the reform of the procedure of enforcement has long been one of the legal-political and legal-technical priorities of the national procedural legislation, which should enable not only direct, final and fair protection of civil subjective rights but also legal, high quality, effective and expeditious legal protection. Although the reform of the procedure of enforcement is a critical issue for establishing the legality and rule of law, the third-in-a-row law in the recent history of Serbian statehood that regulates executive court procedure in the field of civil relations has not been favorably assessed by the professional and scientific public.

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