JAVNI BELEŽNIK KAO POVERENIK SUDA U OSTAVINSKOM POSTUPKU

Abstract

Contemporary reforms of the judicial system in the Republic of Serbia have led to significant institutional changes. One of the most important innovations concerns the involvement of public notaries in conducting probate proceedings, which were traditionally within the exclusive jurisdiction of the courts. Accordingly, the subject of this manuscript is the analysis of the conduct of probate proceedings by public notaries, as well as the issue of remuneration for their work in the capacity of court-appointed commissioners in these proceedings. Special focus is placed on assessing the justification of such an institutional solution, that is, on examining its impact on legal certainty and the realization of the rule of law in general. Starting from the applicable normative framework, the scope and limitations of the existing solution are considered, along with indications of possible directions for its further improvement.