(NE)POŠTOVANjE VREMENSKOG OKVIRA ZA SPROVOĐENjE PARNIČNOG POSTUPKA

Abstract

The subject of the paper is the analysis of the contested application of legal provisions on observance of the time frame for the conduction of civil proceeding. The time frame institute, along with other novelties, was introduced by the Law on Civil Procedure which came into force in 2011, with the intention of improving the efficiency of the trial, limiting the duration of the procedure, better concentration of the procedure, as well as respect to the rights of the parties on a court decision within a reasonable time. The paper analyzes the term, procedural legal basis and content of the time frame institute, as well as the method and criteria for determining of the time frame. In practice, the initially determined time frame is usually often changed. However, a new time frame is determined in accordance with the law and other procedural situations which might happen during the time development of the litigation proceeding (postponement of the hearing, modification of the claim, restitutio in integrum, and subsequent presentation of new facts and evidence). A significant part of the work refers to the determination of responsibility for (non)observance of the time frame, both by the court and by the parties. Considering this, legislators tried to strengthen the judge's responsibility for non-observance of the time frame, thus Civil procedure law stipulates the duty of the court not only to respect the time frame, but also to control the negligent or malicious behavior of the parties. Correspondingly, Law on Judges provides the basis for the judge's disciplinary responsibility by standardizing disciplinary offenses and possible sanction.