SPORNA PRIMENA ZAKONSKIH ODREDBI O TROŠKOVIMA PARNIČNOG POSTUPKA PO PITANjU NAKNADE TROŠKOVA ZA PUNOMOĆNIKA ADVOKATA U PRAKSI DOMAĆIH SUDOVA I IZ PERSPEKTIVE USTAVNIH I KONVENCIJSKIH GARANCIJA

Abstract

The subject of the paper is the analysis of the debatable application of the legal provisions on litigation costs in the practice of domestic courts, regarding the (non)awarding of costs to a party for the engagement of attorneys whose headquarters are outside the seat of the court where litigation process is conducted. The paper first analyzes the relevant provisions on costs from the Civil Procedure Act, as well as accompanying procedural theory comments. Moreover, in the paper are presented positions of the judicial practice of regular courts and the Constitutional Court of the Republic of Serbia when it comes to interpretation of term "needed costs” as "necessary costs" and/or “indispensable costs", although courts are legally stipulated when assessing the need and the amount of costs to appreciate all the circumstances in each case. Critical analysis of cited sentences, decisions and conclusions of domestic courts, which are related to the litigation costs, is carried out in respect to possible violations of constitutional and convention guarantees. In this sense, the paper also presents and analyzes the decision of the European Court of Human Rights, which refers to the titled topic of the paper.