Analysis of the new amendments provided in the new law on litigation procedure

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In September this year, preparation for amendments to the Law on Litigation Procedure was announced by the Ministry of Justice of the Republic of Macedonia in order to overcome the identified weaknesses and improve the legal provisions due to their greater applicability.

The Law on Litigation Procedure regulates the rules of the procedure on the basis of which the court discusses and decides in disputes about the basic rights and obligations of the person and citizen, personal and family relations of citizens such as labor, trade, property and other civil law disputes, if  by law for some of those disputes it is not determined for them to be decided by the court according to the rules of some other procedure.

The adoption of the Draft Law on Litigation Procedure is expected to create a functional, successful and efficient litigation procedure in the Republic of Macedonia, thus the establishment of a stable civil law legal system by filling the existing legal gaps and its harmonization with the European regulations.

Some of the questions and problems have led to the need for improvement of the legal provisions and proper amendments to the law in the part of the provisions that regulate the course of the procedure, evidence and the presentation of evidence, determination of expertise, preparation of the main hearing for efficient main hearing, increasing the threshold for the audit as an extraordinary legal remedy in conditions of elaborated bases where an audit is always possible, more efficient procedure in small value disputes, the proxies of the parties, submissions (documents/evidence located with the other party or a third party), deadlines and hearings, simplification and acceleration of delivery, implementation of the protection of collective rights and interests, as well as compliance with other related laws.

Given that the time frame for preparation of the draft law was 21.09.2020 – 31.10.2020, it is expected that the mentioned changes will be implemented and adopted.

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