SOME QUESTIONS REGARDING THE PROTECTION OF THE RIGHT TO TRIAL WITHIN A REASONABLE TIME

Rad je rezultat istraživanja na projektu Pravnog fakulteta Univerziteta u Kragujevcu: „Usklađivanje pravnog sistema Srbije sa standardima Evropske unije”, koji se finansira iz sredstava Fakulteta.In the paper, the author analyzes certain controversial issues that have arisen in recent judicial practice, and in respect of which the acting first-instance authorities made extremely contradictory decisions, ignoring the views of the instanced authorities, primarily the decisions of the Constitutional Court that were made in connection with constitutional appeals. In this sense, the emphasis in the paper is primarily focused on certain aspects of the protection of the right to a trial within a reasonable time in enforcement proceedings, i.e. on the questions of whether the protection of the right to a trial within a reasonable time depends on whether the execution is carried out by a court or a public bailiff and which authority is competent to decide on the objection to speed up the procedure in the cases of public executors. In addition, the author analyzes an objective responsibility of the Republic of Serbia for property damage due to the violation of the right to a trial within a reasonable time, due to the inefficient and ineffective actions of the court and the public bailiff as authorities responsible for the implementation of the enforcement procedure, and in this sense the possibility of obliging the Republic of Serbia to answer for the debts of the private actors, in contrast to the previous practice according to which the state was responsible only for the debts of companies that were predominantly state or socially owned.Publishe