Rights of Insurance Holders to the Compensation Damage in Bosnia and Herzegovina // Pravo nosilaca osiguranja na naknadu štete u Bosni i Hercegovini

Abstract

The importance of the pension system in a society requires finding an optimal legal solution tailored to the needs, possibilities, and new changes in that system and society in general. Transition processes that Bosnia and Herzegovina has to adapt to in all spheres of life, the specificity of state regulation, the entity autonomy in the field of pension insurance, during one period the lack of a model for creating or reforming their own model of the pension system is the cause of slow reforms in this area . Thus, the Law on Pension and Disability Insurance of the Federation of Bosnia and Herzegovina was passed in 1998., applied for 20 years, despite its many shortcomings and overcrowding. This particularly refers to the fact that this Law did not provide protection to the Pension Fund of the Federation of Bosnia and Herzegovina, the insurance carrier in the Federation of Bosnia and Herzegovina, in terms of the right to compensation for damages that should have been exercised in court proceedings under general regulations, i.e. the Law on Obligations, and the case law did not “allow” it. Due to the lack of norms that would prescribe these rights, has caused the Pension Fund of the Federation of Bosnia and Herzegovina over the course of the last 20 years unbelievable damage. This situation lasted until the adoption of the new Law on Pension and Disability Insurance Fund of the Federation of Bosnia and Herzegovina (New Law on Pension and Disability Insurance Fund of BiH), which came to power on March 1, 2018. Finally, this law prescribes the right of the insurance carrier to compensation of damages.