Frequently asked questions

Fees in civil proceedings and administrative disputes

Fees shall be paid pursuant to the following tariff:

 

I – Civil Proceedings

 

  1. For legal claims, counter-claims, motions for reopening of proceedings, first-instance judgments, appeals or revision against Decision, the following fees shall be paid pursuant to the value of the dispute subject matter: 5% fee for values up to 1,000 KM, 4% fee for values up to 5,000 KM, 3% fee for values above 5,000 KM, but not exceeding the fee amount of 10,000 KM.
  2. For requests for attempted settlements, motions to allow enforcement or securement, or order provisional measures, motions for reinstitution to the previous state, motions for securing evidence, for responses to appeal or revision, for appeals from or revision of decision granting or dismissing motions for reinstitution to the previous state, for judgments on the basis of failure to appear, judgments based on waiver, or based on confession, for decisions on motions to allow enforcement or securement, for decisions on ordering provisional measures, a half of the fee amount referred to in item 1 shall be paid.
  3. For appeals or revision of judgment, and for appeals from decisions rendered in the disputes on disturbance of the possession of real estate, a double amount of the fee referred to in item 1 shall be paid.
  4. For decisions on rejecting the complaint, and for the decision granting or dismissing the motion for reinstitution to the previous state, a half of the fee amount referred to under item 1 shall be paid, but not exceeding the amount of 100 KM.

 

II – Procedure in Administrative Disputes

 

  1. For legal actions against administrative acts, the fee in the amount of 100 KM shall be paid.
  2. For judgments in the administrative dispute, the fee in the amount of 200 KM shall be paid.
  3. For motions to review court decisions, the fee in the amount of 200 KM shall be paid.
  4. For motions for reopening of proceedings, the fee in the amount of 100 KM shall be paid.
Does the Court of BiH carry out enforcement procedure?

Pursuant to the BiH Law on Enforcement Procedure, the Court of BiH shall enforce on claims based on enforceable and authentic documents, and the procedure on posting security, unless otherwise provided by a separate law.

Who carries out enforcement procedure and which rulings are issued?

The enforcement procedure and securement procedure shall be conducted and rulings issued by an individual judge of the Administrative Division of the Court, while appeals or objections are decided upon by a three-member Panel of the Administrative Division of the Court. The Court shall issue rulings in the enforcement procedure and securement procedure in the form of a Decision or Conclusion. Through a Decision the Court shall decide on the enforcement and adjudication of real property, settlement and Court penalties and other issues where expressly stipulated by this Law. A Conclusion orders the court bailiff to take certain actions, and decides on the management of proceedings and other issues, where expressly stipulated by this Law.

What are the grounds to order enforcement?

The Court shall order enforcement only on the grounds of an enforceable or authentic document, unless otherwise stipulated by the law. Enforceable documents are as follows: an enforceable ruling of the Court of Bosnia and Herzegovina and an enforceable Court settlement; an enforceable ruling passed in administrative proceedings and an enforceable settlement reached in administrative proceedings before the BiH institutions, if it orders the payment of a monetary obligation, unless otherwise stipulated by the law; another document stipulated by the law as an enforceable document.

Who manages the operations of Section III of the Criminal Division?

Section III shall elect Section President who coordinates the activities of the Section. Section President shall be elected by the judges of the Section, for a period of five years.

Procedure in cases of execution of criminal sanctions imposed by final judgments

The person tasked with the execution of prison sentences imposed by final judgments and security measures ordered by the judges or court panels seised of the case is the legal officer for the execution of criminal sanctions, acting in accordance with the Law of BiH on the Execution of Criminal Sanctions, Detention and Other Measures.

Procedure concerning temporarily seized items

The temporarily seized items shall be stored on the KDP premises of the Court or shall be secured in some other manner. Activities concerning the reception, records, issuance and safekeeping of the temporarily seized items shall be performed by specialist officers tasked with the execution of criminal sanctions and keeping records of the temporarily seized items, pursuant to the Rulebook on the Method and Conditions for Safekeeping Physical Evidence.

Procedure of rendering mutual legal assistance

Section III of the Criminal Division decides on issues concerning the implementation of international criminal provisions and regulations, which means rendering mutual legal assistance in criminal matters, including relations with Interpol and other international police agencies, as well as the transfer of sentenced persons, extradition and surrender of persons at the request of another country.