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DEADLINES AND COURT PROCEEDINGS DURING THE STATE OF EMERGENCY

May 9, 2020 08:00

The information provided in this document does not constitute legal advice; instead, the document is provided for general informational purposes only.

The Parliament of the Federation of Bosnia and Herzegovina adopted the Law on Deadlines and Procedure in Court Proceedings During the State of Emergency in the FB&H. The Law has been published on May 8, 2020 in the Official Gazette of FB&H: https://lnkd.in/d5UM6Kf . Bar Association has criticised such late and rather unnecessary reaction of the Parliament, requesting the abrogation of this Law. In the meantime, we provide you with the overview of provisions from this Law.

1. CIVIL PROCEEDINGS

During the state of emergency, the deadlines for the following actions are suspended:
- filing a lawsuit;
- filling motions for initiating non-contentious procedures or enforcement procedures and
- filling other deadline-bound motions.
Deadlines in emergency procedures are not suspended in certain cases regulated by this Law, such as:
- discrimination, harassment and violence at work;
- status procedures related to the application of the Law on Business Companies;
- registration of business entities in the Register of Legal Entities;
- procedures upon interim and court security measures;
- postponing and suspending the seizure of monetary claims on the enforcee's bank account. *

2. CRIMINAL AND MISDEMEANOUR PROCEEDINGS

During the state of emergency, the deadlines for the following actions are suspended:
- filing an appeal against decisions on terminating the proceeding;
- filling extraordinary legal remedies and
- other procedural actions.
Deadlines in emergency procedures are not suspended in certain cases regulated by this Law:
- In criminal matters, procedures related to the detention, certain criminal offences regulated by the Criminal Code of the FB&H, criminal offences related to the state of emergency, procedures threatened by obsolesce;
- In misdemeanour matters, procedures related to misdemeanours related to the state of emergency and situations regulated by the Law on Misdemeanours. *

3. ADMINISTRATIVE PROCEEDINGS

During the state of emergency, the deadlines related to undertaking procedural actions and fulfilling material liabilities are suspended.
Deadlines in emergency procedures are not suspended in certain cases regulated by this Law, such as:
- procedures in which there is a danger to human life and health, public order and peace and public safety;
- procedures in which it is necessary to protect higher value assets;
- procedures for the urgent and efficient functioning of federal and cantonal administrative bodies, administrative organisations and bodies of local self-government. *

4. LEGAL REMEDIES

During the state of emergency, the deadlines for the following legal remedies are suspended:
- filing ordinary and extraordinary legal remedies;
- filling motion for restitution and
- other procedural actions in litigation, non-contentious, enforcement proceedings and administrative proceedings.

* Please see the Law for more details