Odlučivanje o troškovima drugostepenog parničnog postupka
On Awarding Costs of Litigation in the Second Instance Proceeding

Author(s): Adis Poljić
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Litigation;Costs;Second instance;Share in litigation;Success in litigation;
Summary/Abstract: Civil proceedings generally consist of a first instance and a second in- stance proceedings, and in the case of an audit, a third instance proceedings. All stages of litigation form one whole, which ends with a decision that will produce legal effect. In the law of Bosnia and Herzegovina, the “English rule” is accepted that “the loser bears all the costs.” The rule that “the loser bears all the costs” becomes more difficult when the parties partially succeed in litigation, which success should properly affect the costs of litigation. Although these are costs of the second instance, in some cases the court of first instance may decide on the costs of the second instance proceedings. The rules of civil procedure standardize deciding on the costs of litigation without separating costs in the various stages of litigation, except in the case of rejection or refusal of a remedy. However, case law is used to decide on the costs of the second instance proceedings separately from the costs of the first instance proceedings and to reverse the first instance decision in such a way that the costs of the second instance proceedings are awarded according to the success of the second instance proceedings, although the rules of civil procedure stipulate that litigation form one whole. In this way there is no uniform determination on awarding the costs of litigation, which is contrary to the rules of civil procedure.

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