Kritička analiza pojedinih odredaba novog Zakona o izvršenju i obezbeđenju

Šarkić, Nebojša and Nikolić, Mladen (2011) Kritička analiza pojedinih odredaba novog Zakona o izvršenju i obezbeđenju. Правни живот : лист за правна питања и праксу, 60 (549/11). pp. 839-853. ISSN 0350-0500

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Abstract

The final estimation of specialist on the quality of the Law on Enforcement and security could be given after its application in practice. Especially for the provisions on private enforcement agents that are the most important amendment in the new law. However, we remarked after the first reading of the text of the law, practically before its implementation, some deficiencies, pointed out in this paper willing to suggest their elimination and correction. According to our opinion, rigid and strict solutions do not always provide the best results. Lawmaker has to pay attention on specific procedures and situations that can occur during the process of enforcement or security. So, according to our opinion, it would be better to give that right to a judge who will with full responsibility, competence and conscience decide whether to apply a provision or not. Some limitations or conditions have to be more flexible in order to respect specific situations that can appear during the enforcement.

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