Constitution of Republika Srpska and Unconstitutional Deprivation of Natural Persons’ Ability to Postulate // Ustav Republike Srpske i neustavno oduzimanje postulacione sposobnosti fizičkim licima u parničnom postupku

Abstract

One unconstitutional situation caused by unconstitutional article 301b. of the Law on civil procedure is subject of this paper. Limitation of the constitutional right of any party to postulate in front of the court in civil procedure is prescribed in Republika Srpska in 2013, by article 301b, despite the fact that such limitation is not prescribed in the Constitution of Republika Srpska. Author in the paper, having used comparative metod to get full knowledge of this problem, analyse relevant provisions of the Constitution of Republika Srbija, in order to explain that same problem exist there also. After that the provisions of the Constitution of Republika Srpska are analysed, because from these provisions can be made conclusion on unconstitutionality of article 301b. of the Law on civil procedure. In the final part the author gives proposal how to solve this unconstitutional situation.