Lack of Legal Protection in the Process of Legislative Compensation to the Republic of Srpska / Nedostatak sudske zaštite u postupku zakonske kompenzacije u Republici Srpskoj

Abstract

For a long time the bussines relations in the Republic of Srpska, and in Bosnia and Herzegovina as well, are burdened with lack of money, as a consequence of recession. Due to that there are a number of unpaid obligations and that makes our economic situation more complicated. This is the reason why the legislator of the Republic of Srpska in March of 2014 enacted the Law which regulate unique sistem of multirateral compensation and cession. But that Law is missing the provisions on judicial protection of rights of the legal subjects which appears as a participators of multilateral compensation and cession. This work is dedicated to that question. In the work its author point out on that defect, due to which the Law on the unique sistem of multilateral compensation in that part is not in accordance with article 6 of the European Convention on Human Rights which, based on article 2 of the Constitutiona of Bosnia and Herzegovina, is dirrectly applicable in Bosnia and Herzegovina. After he pointed out on the shortage of judicial protection, the author gives his proposal how to eliminate this defect. This mean change of the subject which should be authorised for legal compensation in the Republic of Srpska. The author has also expressed his reserve with regard to the provisions in the Law related to the cession. This is because the cession is an institute of Contract law and, in contrast to the compensation, it depends (and should depend) exclusively of the individual will, and not of the solution imposed by the legislator. That is why this Law is in conflict with the Law on obligations since the Law on obligations does not know forced cession, and so this conflict leads to the disharmony in the legal order.