Expertise in Administrative Procedure

Authors

  • Jovanka Malić Bachelor of Laws, Faculty of Law, University of Banja Luka, master’s student, Faculty of Law, University of Belgrade

Abstract

This paper deals with the institute of expertise under the positive law of the Republika Srpska. Expertise as
evidence is prescribed by the Law on General Administrative Procedure (“Official Gazette of the Republika Srpska” No.
13/02, 87/07, 50/10 and 66/18) in Articles 171-180. At the beginning, the notions of administrative procedure and means
of evidence in general are briefly explained. This is important in order to understand the place of expertise, as a means of
evidence in administrative proceedings. Special attention is paid to the appointment of experts, duties and rules of expertise, to specify the conditions required to meet the expert in general in the administrative procedure, as well as to clearly
present the rules by which experts are required to act in progress. of his work. Although in principle an expert cannot
refuse an expert opinion, there are reasons when an expert can deny an expert opinion, as well as reasons that lead to
the denial of an expert opinion. Experts are entitled to a reward for their work and contribution to a better resolution of
administrative matters, and it is briefly explained what special costs can be paid to experts. I especially emphasize that the
surrounding countries have in recent years entered the process of passing new laws on general administrative procedure,
and most of them have passed, and I hope that the Republika Srpska will pass a new law in the coming period, which will
greatly contribute to better functioning administrative procedure as a whole.

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Published

2023-05-23