Право нотара на накнаду трошкова поступка и награду у оставинском поступку
Right of Notary to Compensation for Procedure Costs and Award in Probate Proceeding

Author(s): Ranka Račić
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Notary service; Judicial professions; Probate proceedings; Notary as a court commissionaire; Right to costs of proceedings; Reward for work done;
Summary/Abstract: The Law on Amendments to the Law on Non-Litigation Procedure of the Republic of Srpska from 2016 entrusts notaries with the implementation of probate proceedings. Relieving the burden from the courts and speeding the resolution of "undisputed matters" were the most important legal and political reasons that motivated the legislator to transfer the jurisdiction in probate cases from the courts to the notary office. Notaries in Bosnia and Herzegovina are, under positive legal regulations, authorized to refuse to put a clause of finality on the decision on inheritance and deliver it to the participants and public registers until they have been payed the entire amount of the award and the costs of the procedure. According to the opinion of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina, such behavior of the notary is in contradicion with the Convention on the Protection of Human Rights and Fundamental Freedoms. In the paper, the author answers questions that are problematic in practice and critically reviews the positions presented regarding the equalization of the position of a judge and that of notary, as a court commissioner. Legislative solution in post - Yugoslav states are also a special subject of analysis, and they concern the collection of costs and awards in probate cases in which a notary acts as a court commissioner. Bearing in mind the mixed legal nature of the notary service, which has public powers but also a specific status, because it indeed represents a profession that performs its activities independently, and exclusively with private means, the author presents the argument that it is not possible to put a sign in equality between the notary service and the judicial profession.

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