# Law Office Prnjavorac > Full content of key pages of Law Office Prnjavorac website for language models and AI assistants. --- ## LAW OFFICE | Bosnia and Herzegovina | Lawyer Prnjavorac Source: https://advokat-prnjavorac.com/lawoffice/index.html > LAW OFFICE | Bosnia and Herzegovina | Lawyer Prnjavorac Law Office Prnjavorac – For more than three decades, we have been dedicated to providing the best attorney/legal services to our clients The law office/firm was founded in 1993 in Tuzla. We represent our clients before all courts and other authorities in Bosnia and Herzegovina, most often in Tuzla, Sarajevo, Mostar, Zenica, Banja Luka, and all other cities in Bosnia and Herzegovina (B&H). We have developed a wide range of legal services in order to meet the needs of individuals and legal entities (natural and legal person). We are particularly specialized in real estate and property-legal relations – from the purchase and sale of real estate to the resolution of complex property disputes. We also represent clients in civil litigation, commercial disputes, as well as in other property-legal relations in Bosnia and Herzegovina. Whether you need a real estate lawyer/attorney-at-law or a lawyer for property-legal relations, representation in court proceedings, our team is here for you. Advocacy and legal services are not just a job, nor can they be narrowed to some patterns and standards. Being creative and persistent in general means finding better ideas, in order to arrive at the most optimal legal solution, because each of our clients wants the best attorney on their side. Attorney-at-law in Sarajevo We are qualified to recognize problems in their early stages, conduct a detailed analysis of the necessary legal actions, and then resolve the problem. Lawyer Sarajevo – Law Firm We envisage that our clients expect only the best possible solutions and attorney services from us, which is why we at the law office build every relationship with our clients on understanding the aspects of the legal issue in question in order to find the most optimal legal solution, all in accordance with the specific needs of our clients. We believe that building long-term business cooperation between clients and lawyers, based on the very simple principle of working together with the client as an equal partner, always leads to the best results in the end. Our law firm advises clients in exercising their legal rights and together with them strives to find the best legal solutions. Being the best attorney for our client means never stopping learning, understanding a client better than anyone else and handling every case with the same passion as the first day. Law Office Sarajevo and Tuzla Our law office does not know about a standard client. Each of our clients means a special approach and is provided with highly qualified lawyer support. On the other hand, in return, we expect your sincere cooperation. In order to achieve maximum performance, your trust, insight into the process and relevant data are the key to success. The guiding principle of the law firm's business is to provide a service that will be a combination of reliable legal advice and the highest international standards in the attorney/legal profession. The narrow specialty of the law office is representing domestic and foreign individuals and legal entities before the courts and administrative bodies of Bosnia and Herzegovina in civil cases, commercial disputes, property-legal disputes, as a real estate attorney-at-law and other areas of professional engagement of the law firm. Law firm in Sarajevo and law firm in Tuzla. Principles of the law firm work: Strict adherence to the principle of professional secrecy and the lawyer's code of ethics. Strict avoidance of jobs in which there is a conflict of interest. Professional execution of client orders while maximally preserving the interests of clients in each specific case. The law office finds optimal solutions in international legal cases. Prnjavorac Attorneys are different. We dedicate a lot of time to each individual client and case - Through more than three decades of legal practice, our office constantly strives to provide the best attorney services. For this reason, we only handle a limited number of cases at a time. We take care of you individually and tailored to your exact needs. We only accept a new case if we can guarantee perfect processing and advice, and if the work in question falls within our specialist areas of work at the law firm. Attorneys have an obligation only to you and we can represent your interests absolutely independently and without influence. As our client, you can rely on our five principles of the law office work: Guarantee of exclusivity: We handle only a limited number of cases and clients per year. This guarantees that you will be exclusively, quickly and competently represented and advised at the highest level and that your every wish will be followed with full dedication. As your lawyers, we are only on your side and we give 100%. Guarantee of excellence: The best of the best is good enough for our clients. Therefore, we spare no effort and expense in order to achieve the best result for our clients. It also includes always independently weighing the pros and cons of different approaches and generally preferring a favorable settlement to litigation in favor of our clients when that is possible. Guarantee of specialization: We only accept requests that we can perfectly handle in accordance with our areas of legal specialization. As a law office, we only do what we are specialized in and in which we have many years of practical experience. Efficient and effective provision of attorney services is guaranteed. Guarantee of individual provision of legal services: Depending on your legal area, you will always be individually and personally served by one of our partner attorneys. All activities are carried out by a competent lawyer in personal agreement with you. If a specific case requires it, we will advise you under the guidance of an attorney selected by you from the team of attorney/legal experts. Guarantee of the best attorney service: We guarantee that all our activities and legal services are provided in line with your case and your needs, and that our law office will represent you in accordance with our high quality standards in order to provide the best legal services. Our law firm collaborates with over 50 major law firms from all over the world, which have more than 3,000 lawyers employed, including all the former Yugoslavia countries. "Da mihi factum dabo tibi jus – Give me the facts, I will give you the law." --- ## Civil Law Attorney in Bosnia & Herzegovina | Contracts, Property, Inheritance Source: https://advokat-prnjavorac.com/lawoffice/attorney_at_law.html > Experienced civil law lawyers in Bosnia & Herzegovina. Legal support in contracts, property, family & inheritance disputes. Serving Sarajevo, Tuzla & Banja Luka. Civil Law in Bosnia and Herzegovina – Field of Work of the Law Office Civil Law in B&H encompasses a set of regulations that govern relationships between private individuals – whether natural persons, companies or families. It is a broad branch of law that touches the everyday lives of citizens, both those living in Bosnia and Herzegovina and our people in the diaspora. The key areas covered by civil law are the Law on Obligations (contracts and obligations/liabilities), Property Law (assets and real rights), Family Law (family relations) and Inheritance Law (inheritance relations). In practice, citizens most often encounter these branches – whether they are concluding a contract/agreement, resolving a property dispute, going through a divorce or participating in an inheritance procedure. According to the experience of attorney/legal practice, the greatest demand for legal services in Bosnia and Herzegovina relates to cases of obligations, real rights, family and inheritance. Below, we provide an overview of these areas of civil law and explain how an experienced civil law attorney can provide you with professional assistance and legal protection. Law on Obligations (contracts and liabilities) The Law on Obligations regulates contractual relations and other liabilities/obligations between entities. This means that it prescribes rules for the creation, execution and termination of obligations arising from various legal transactions and facts. According to the Law on Obligations, obligations may arise from contracts, damage caused (delict), acquisition without grounds, management without orders/instructions, unilateral declaration of will and other grounds provided for by law. In practice, this area includes contracts of all types – from purchase-sale and lease contracts, through loan or insurance contracts, to complex commercial-trade contracts – as well as liability for damage (compensation for material and non-material damage). Legal assistance in drafting contracts is of utmost importance: an experienced attorney-at-law will ensure that the contract clearly defines the rights and obligations of the parties, will bring it into line with applicable regulations, and will protect your interests. If a dispute arises – for example, due to non-fulfilment of contractual obligations or damage caused by someone else’s negligence – a lawyer can initiate proceedings for damages or termination/annulment of the contract and represent you in court. In other words, in contractual relations, a lawyer ensures that your contractual rights are respected and that, if the other party fails to fulfil its obligations, you obtain appropriate legal protection. Quality legal assistance regarding contracts and obligations is necessary today for both citizens and companies, as it prevents long-term litigation and financial losses. Family Law (marital and family relations) Family Law regulates relationships within a family – from conclusion and termination of marriage (divorce), through parent-child relationships, to custody and adoption. In Bosnia and Herzegovina, this area is regulated by entity Family Laws (especially for the Federation of Bosnia and Herzegovina and the Republika Srpska), which stipulate in detail the rights and obligations of family members. Thus, the Family Law of the Federation of B&H regulates the family, marriage and marital relations, parent-child relations, adoption, guardianship, extramarital union (common law marriage) and all related matters. In practical terms, family law includes matters such as: marriage conclusion and divorce, division of marital property, alimony (child support or a spouse support), custody and care of children after divorce, withdrawal or return of parental rights, establishment of paternity, as well as the institution of guardianship over minors or legally incapacitated persons. These procedures can often be emotionally difficult and complex, which is why professional legal support is of great benefit. A family law attorney can guide you through the divorce process – filing a lawsuit, conducting the proceedings, and protecting your interests when making decisions about children and assets. Also, an attorney will ensure that when dividing marital property (jointly acquired property) the legal provisions are correctly applied and that each spouse gets what is due to him or her. In matters such as custody or adoption, legal advice is practically essential because the best interests of the children are at stake – an attorney will ensure that the procedure is carried out in accordance with the law and that the rights of a child are fully respected. In general, in all family disputes in Bosnia and Herzegovina, it is advisable to have an attorney who will advise you on your rights and obligations, and take the necessary steps to resolve these sensitive relationships with as little stress as possible and with the most favorable outcome for you. Inheritance Law (succession-inheritance relations and probate) Inheritance Law deals with the disposal of property after the death of one person (the testator) and the transfer of that property to his/her heirs. In B&H, inheritance law is also regulated by special entity laws on inheritance, which define who the legal heirs are, how a valid will is made, and how the probate procedure proceeds. Inheritance relations in Bosnia and Herzegovina can be quite complex – especially in situations where the testator has property in several countries or when the heirs are abroad – but the basis is always in the law. Inheritance relations in Bosnia and Herzegovina are regulated in such a way that you can acquire the right of inheritance in three ways: based on the law (legal inheritance if there is no will), on the basis of a will (testamentary inheritance) or on the basis of an inheritance contract/agreement. This practically means that, if the testator / decedent did not leave a will or conclude an inheritance contract, his/her property is divided among the legal heirs (children, spouse, parents, etc.) according to the order of succession established by the law. Inheritance Law also protects the equality of heirs – all persons have equal rights to inherit under equal conditions, and even foreigners (e.g. our citizens in the diaspora who no longer have B&H citizenship) can inherit property in Bosnia and Herzegovina on an equal basis with B&H citizens. In this field area, institutes such as a lifetime maintenance contract (life care contract / agreement on lifelong support) often appear, whereby one potential heir undertakes to support the decedent for life, and in return, upon death, acquires his/her property – such a contract must be drawn up with special legal attention in order to be valid and fair. After someone's death, probate proceedings are initiated before a competent court (or a notary public as a court trustee) in which the decedent's property is determined and inheritance is decided. In this procedure, the lawyer can represent the interests of the heirs – e.g. if you believe that you are entitled to a necessary part of the inheritance that was denied to you by the will, the lawyer will initiate a litigation for the reduction of the will; or if there is a dispute between the heirs about the division of property, the representative will protect your rights in court. For our citizens in the diaspora, it is very useful to hire an attorney to represent them in probate proceedings (inheritance proceedings) in Bosnia and Herzegovina (so that they do not have to attend the hearings in person) and to advise them on the best solutions – for example, whether to accept the inheritance or renounce it in favor of another. In short, inheritance law ensures that property is passed on to legal or intestate heirs, and a lawyer will make sure that process goes smoothly and with full respect for your inheritance rights. Property Law (ownership and real rights) Property Law – also known as real law – deals with ownership relations and other rights over things (assets). This includes the right of ownership (ownership) of real estates and movable properties, then the right of easement/right of servitude (right of passage, use of another person's property), the right of pledge (mortgages and pledges on property), the right of possession (actual possession of property), as well as all other property-legal relations related to the use and disposal of property. This area in B&H is regulated by modern laws on real rights (at the entity level of the Federation of Bosnia and Herzegovina and the Republika Srpska), which have unified the rules inherited from previous systems and harmonized them with modern European standards. In practice, property law most often comes to the fore in real estate transactions – the purchase and sale of apartments, houses and land – then in the lease (rent) of real estates, issues of neighborly boundaries and land use, the establishment of a mortgage, land expropriation procedures, registration of rights in the land registries, and the like. Each of these procedures requires knowledge of the law and regulations in order to properly protect the rights of the owner or other interested party. A property attorney plays a major role in this, as he/she can perform detailed checks of real estate documentation, warn of possible legal deficiencies (e.g. encumbrances or property disputes), draft the necessary contracts and submissions, and represent you before notaries, cadastres, and courts. It is especially important that our citizens living abroad (diaspora) hire a reliable lawyer when resolving property issues in Bosnia and Herzegovina – in this way, they ensure that their property in their homeland is legally protected and that all actions are carried out in accordance with the laws. Through professional legal assistance in this area, you can avoid numerous risks, such as invalid contracts, loss of ownership, or lengthy court disputes, and effectively exercise your property rights. Legal assistance and the importance of a counsel / attorney-at-law in civil law Whether it is about concluding a contract/agreement, resolving a property dispute, family matters or obtaining an inheritance – timely legal assistance is often crucial for protecting your rights. Regulations can be complicated, and proceedings before courts and other authorities can take a long time if not approached properly. An experienced civil law attorney knows the laws of Bosnia and Herzegovina in detail and can anticipate potential problems in advance. By hiring a lawyer, you get a professional advisor who will analyze your situation, explain to you what your rights and obligations are under applicable legislation and propose the best solution. For example, a lawyer will instruct you on what steps to take if the other party breaches the contract, how to secure evidentiary documents for the court or how to get registered as the owner of a property in the cadastre. Moreover, a lawyer can draft lawsuits, contracts, appeals and other submissions on your behalf, pay attention to deadlines (which are often crucial in law), and communicate with the opposing party or competent institutions. This saves you time and reduces the stress that legal proceedings bring. Legal protection of civil rights is essential because even seemingly small mistakes (e.g. a carelessly signed contract or a missed deadline for an appeal) can lead to large losses. Quality legal support ensures equality of parties – let us recall that parties in civil relations are equal under the law and have the freedom to regulate their relationship, but only on condition that they respect mandatory regulations, public order and good customs. A lawyer will ensure that these conditions are met and that neither party abuses their rights to your detriment. Ultimately, investing in the services of an attorney means safety and prevention – it is much better to prevent a legal problem or resolve it at an early stage than to suffer the consequences of inadequate legal protection later. Whether you are an individual, entrepreneur, or family member facing a legal challenge, the professional assistance of a civil law attorney can give you peace of mind that your rights are protected and that your interests will be represented in the best possible way. Civil law permeates many aspects of life in B&H – from business relationships and property, to family and inheritance issues. In a dynamic legal environment like ours, having an experienced lawyer is not a luxury, but a necessity. A qualified civil law lawyer in Bosnia and Herzegovina will help you understand your rights and obligations, successfully navigate legal procedures and, most importantly, achieve full legal protection in all civil law matters. With such support, you can devote yourself to your personal or business goals, knowing that your legal affairs are in safe hands. Other activities of the Law Office: Civil Law Business Law Family and Inheritance Law Labor Law Disputes Administrative Law Banking law and finance Property - Legal Relations Land Registers International Private Law Procedures before the Constitutional Court Procedures before the Strasbourg court Mediator --- ## Areas of professional insolvement of the Law Office Prnjavorac Source: https://advokat-prnjavorac.com/lawoffice/law_office.html > Areas of professional insolvement of the Law Office Prnjavorac Areas of professional involvement of the Law Office Permanent commitment of the Law Office is, by following the highest ethical principles contained in the code of law profession , to provide quality and efficient protection of its clients. Oral and written legal advice as well as representation before the courts and other state authorities of Bosnia and Herzegovina are the essence of the regular activities of the Law Office through which rights and interests of our clients are realized and protected. The long-standing legal and specialist education, business experience and successes are the basis for the belief that a special quality of professional engagement has been achieved in the following areas of law: Civil law Commercial law Family and the law of succession Banking law and finance Criminal Law Business law Administrative law and administrative dispute Property-legal relations Land books International private law Proceedings before the Constitutional Court of Bosnia and Herzegovina Appellate proceedings before the Court of Human Rights IT Law Business --- ## Divorce in Bosnia and Herzegovina - LAW OFFICE Source: https://advokat-prnjavorac.com/lawoffice/Divorce-in-Bosnia-and-Herzegovina.html > Divorce in Bosnia and Herzegovina - LAW OFFICE Divorce in Bosnia and Herzegovina - Areas of professional involvement Law Office Divorce proceedings are initiated by filing the proposal, request or complaint for divorce. Marriage is divorced before the competent court: where the marriage was concluded or where the spouses had the last joint residence in Bosnia and Herzegovina. Spouses who do not have common minor children are not required to go through mediation proceedings, but can immediately start divorce proceedings in person or through their lawyer. Before starting the divorce proceedings, spouses who have had or adopted minor children or children with extended parental right, shall go through the process of reconciliation before the Centre for Social Work in the municipality where they reside. In the Proposal, Request and Complaint, as well as during the entire procedure, both sides can set requirements for resolving issues: child custody, support of the other spouse, the amount for that support. Related article: Division of marital property in Bosnia and Herzegovina Divorce by mutual agreement in Bosnia and Herzegovina As one of the ways of termination of marriage provided for by the law is the termination of marriage by agreement of spouses. Divorce by mutual agreement is possible for those spouses who have held a good communication and are willing to resolve all issues relevant for divorce by mutual agreement. The issue of divorce by mutual agreement is regulated by Article 55 of the Family Law that reads: „Article 55 (1) The court shall divorce the marriage on the basis of the agreement of spouses if they do not have common minor or adopted children or children with extended parental right. (2) If before the first-instance judgment on divorce one of the spouses withdraws from the agreement on divorce, the proceedings shall be suspended. " The process of divorce in Bosnia and Herzegovina by agreement of spouses is initiated by request for divorce by mutual agreement in the form of written submissions by a lawyer where both spouses declare that they agree to divorce by mutual consent and confirm compliance with other requirements of Art. 55 of the Law. The declaration must be signed by both spouses or their lawyers and meet all the requirements regarding the form in accordance with the laws of Bosnia and Herzegovina. The agreement shall be accompanied by the copy of the birth certificate for children if they are of legal age, and the extract from the register of marriages. Related article: Division of marital property in Bosnia and Herzegovina Frequently Asked Questions - "Divorce in Bosnia and Herzegovina" Question: How is divorce initiated in Bosnia and Herzegovina? Lawyer: Divorce can be initiated by a divorce lawsuit or a request for a consensual divorce. The court will dissolve a marriage at the request for consensual divorce: if at least six months have elapsed since the conclusion of marriage, if there is an agreement of the spouses concluded in the mediation procedure, on: realization of parental care, child support, conditions and manner of maintaining personal relations and direct contacts of the child with a parent who does not exercise parental care and support for the spouse. In addition to the court of general territorial jurisdiction, the court on whose territory the spouses had their last joint residence is competent for the trial in matrimonial disputes.. Question: Can the division of marital property be carried out in the divorce proceedings? Lawyer: The divorce procedure is separate from the matrimonial property distribution procedure. The division of marital property is performed by contract of the spouses with a notary or in court proceedings. While in the divorce proceedings, only divorce is discussed and if there are juvenile children, then also about them, as well as alimony, custody, the way of seeing the children. Question: Is the divorce procedure the same with and without juvenile children? Lawyer: When there are children over whom the parents exercise parental care, as well as during the woman’s pregnancy, the parents are obliged to submit a request for mediation to a natural and legal person authorized to mediate before initiating divorce proceedings. The request for mediation is submitted to the authorized person on whose territory the applicant has a permanent or temporary residence, or on whose territory the spouses had their last joint residence. While there are no children in the marriage, the mediation process is not required. Question: What is “Marital property” and what is “Separate property”? Lawyer: The matrimonial property consists of the property that the spouses acquired through work during the duration of the marital union, as well as the income from that property. Spouses are co-owners in equal shares in the marital property unless otherwise agreed in a written contract with a notary (marriage or prenuptial agreement). The property that the spouse has at the time of marriage remains his or her separate property that is not divisible. Question: How is alimony provided for juvenile children in divorce proceedings? Lawyer: Parents are obliged to support a juvenile child and in performing that obligation they must use all their possibilities and abilities. If the child is in regular schooling, the parents are obliged, according to their abilities, to provide for his support even after coming of age, and no later than the age of 26 if the child is in regular schooling. Question: How much does a divorce cost in Bosnia and Herzegovina? Lawyer: In divorce proceedings in BiH, if you are represented by a lawyer, you pay the costs in accordance with the Lawyer’s Tariff, and in relation to the number of court hearings in which you are represented by a lawyer and actions taken by a lawyer in divorce proceedings. In addition to the costs of the lawyer, you also pay the costs of the court fee for the lawsuit for divorce and the judgment, according to the Law on Court Fees of the Canton (Entity). Question: How can a marriage concluded in Bosnia and Herzegovina be annulled? Lawyer: The annulment of a marriage concluded in fear caused by a serious threat can only be sought by a spouse who has entered the marriage under the influence of the threat. The lawsuit can be filed within one year from the day when the danger of carrying out the threat ceased and the spouses lived together during that time. The annulment of a marriage concluded in error can only be requested by a spouse who has consented to the marriage in error. The lawsuit can be filed within one year from the day of finding out about the mistake, and the spouses lived together during that time. The annulment of a marriage due to the knowledge of infectious diseases may be requested by the spouse who has been denied the facts about the health condition of the other spouse. A marriage annulment can be initiated by a spouse due to severe and incurable mental disorders of the other spouse. Question: My wife is a citizen of Croatia, and I am from BiH, we want to divorce in BiH, which law is applicable? Lawyer: Divorce is governed by the law of the state of which both spouses are nationals at the time the lawsuit is filed. And if the spouses are citizens of different states at the time of filing the lawsuit, the cumulative rights of both states of which they are citizens are relevant for divorce. Question: We concluded a marriage in Bosnia and Herzegovina, and then went abroad and moved constantly, can we divorce in BiH? Lawyer: The marriage can be divorced in Bosnia and Herzegovina. Question: We concluded a marriage abroad, we did not register it in Bosnia and Herzegovina, can we divorce in BiH? Lawyer: Yes, you can divorce in Bosnia and Herzegovina. Civil law Property-legal relations Commercial law Land books Family and the law of succession International private law Business law Proceedings before the Constitutional Court Administrative law Proceedings before the Strasburg Criminal Law IT Law Business --- ## Inheritance law | Bosnia and Herzegovina - Law Office Prnjavorac Source: https://advokat-prnjavorac.com/lawoffice/inheritance-law-in-Bosnia.html > Inheritance law | Bosnia and Herzegovina - Law Office Prnjavorac Inheritance law in Bosnia and Herzegovina - Law office The law office in the field of representation in inheritance law performs representation in inheritance procedure. The inheritance procedure is a type of procedure that needs to be conducted after the death of a person (testator). Initiation of the inheritance procedure is performed before a municipal court in the Federation, or before a notary as a court commissioner. It is initiated ex officio as soon as the court learns that a person has died, either at the request of a party in person or through a lawyer as a power of attorney. In the inheritance procedure itself, the decision determines who the testator’s heirs are, what constitutes the testator’s estate, and what other rights regarding the estate belong to his/her heirs, legatees and other persons. If the legal heirs have information about the subsequently found property (it is the property that was not discussed by the decision on inheritance or that was not known to the heirs during the procedure), then it will be necessary to submit a proposal to the court for a supplementary decision. Related articles: The right of foreigners to real estate in Bosnia and Herzegovina Frequently Asked Questions about the Inheritance law in Bosnia and Herzegovina Question: What is determined in the inheritance procedure in Bosnia and Herzegovina? Lawyer: The inheritance hearing in BiH is held before a court or a notary as a court commissioner. In the inheritance procedure in BiH, the composition of the estate, the heirs behind the deceased and the rights that belong to respective heirs should be determined. If there are no disputable elements, the probate procedure lasts for a short time, but if there is a dispute between the heirs over the inheritance, then the probate procedure is terminated and the heirs are referred to litigation, which can significantly prolong the entire inheritance procedure. Inheritance in some cases can be a very complex procedure, so the inheritance procedure can take years, especially if it is contesting the will from the legal heirs, in disputes with the statutory heirs, disputes over proving an extramarital community and the similar. Question: How do I make a will in Bosnia and Herzegovina ? Lawyer: A will can be made to any person who has reached the age of 15 and is capable or reasoning, and it is a document that determines who has the right to dispose of property in the event of death. However, even then there are certain legal restrictions. Namely, according to the law, a certain circle of persons is entitled to the statutory part regardless of the will written by the testator. In order to obtain the statutory portion, the heirs must file an objection stating that they do not recognize the will, after which the non-litigious court or notary refers them to initiate the civil procedure for proving. A will is valid if it is made in the form determined by law and under the conditions provided by law. A will can be written with your own hand and signed in your own handwriting, it is desirable that the will written in handwriting contains the date of writing, too. Question: What is inheritance law in Bosnia and Herzegovina ? Lawyer: Inheritance law regulates the legal rules and relations that arise after the death of the testator. The inheritance right is acquired at the time of the testator’s death, by law or by will. Every person can waive that right. Inheritance transfers all rights and obligations from the testator to his/her heirs. If the testator has not left a will, his/her legal heirs will inherit him/her according to the law according to hereditary order, with the rule that the heirs of a closer hereditary order exclude from the inheritance persons of a further hereditary order. Question: How is the estate after the deceased determined? Lawyer: It often happens that after someone’s death, the heirs have to investigate which property enters the estate. The subject of inheritance are things and rights that belong to a natural person. When it comes to real estate, the bequest mass includes all the real estate of the testator, regardless of whether they are registered in the land register and regardless of where they were located. In the case of a duly registered real estate, an excerpt from the land register is sufficient as proof of ownership, and if the real estate is not registered in the land register, the ownership must be proved by authentic documents in your possession. When a final decision on inheritance is obtained in inheritance proceedings, it is necessary to implement the decision on inheritance before the competent authorities. Question: Who are the statutory heirs? Lawyer: The statutory heirs are: the children of the testator, his adoptees from full adoption and his spouse. The other descendants of the deceased, his adoptees from incomplete adoption and their descendants, his parents and his siblings are necessary heirs only if they are permanently unable to work and do not have the necessary means for living. The testator’s descendants, his adopted children and their descendants and his marital or extramarital partner are entitled to the statutory portion which is half of the portion that would belong to each of them according to the legal order of inheritance. The statutory portion of the statutory heirs amounts to one third of their legal portion. Civil law Property-legal relations Commercial law Real estate in Bosnia and Herzegovina Family and the law of succession International private law Business law Proceedings before the Constitutional Court Administrative law Proceedings before the Strasburg The right of foreigners to real estate in Bosnia and Herzegovina IT Law Business --- ## Real Estate Lawyer in Bosnia & Herzegovina | Sarajevo, Tuzla, Banja Luka - LAW OFFICE Source: https://advokat-prnjavorac.com/lawoffice/Real-estate-in-Bosnia-and-Herzegovina.html > Experienced property lawyers in Bosnia & Herzegovina. Legal support for buying, selling, contracts, land registry, disputes & foreign buyers. Sarajevo, Tuzla, Banja Luka Real estate attorney Bosnia and Herzgovina – professional legal support in real estate transactions « Area of Work of the Law Firm Real estate transactions (purchase, sale, exchange, etc.) are among the most important financial transactions that an average citizen does in their life. The real estate market in Bosnia and Herzegovina is very active – according to official data, 22,980 purchase and sale contracts were concluded in the Federation of Bosnia and Herzegovina alone last year, with a total value of around 1.7 billion Bosnian marks (BAM). Most transactions are made in larger urban areas: Sarajevo leads in terms of turnover (especially the municipalities of Centar, Ilidža, Novo Sarajevo and Novi Grad), and a significant number of purchases are also recorded in Tuzla and Mostar. Similarly, in the other entity of Bosnia and Herzegovina, Republika Srpska, the highest turnover is achieved in Banja Luka, with high turnover also in cities such as Bijeljina, Doboj and Trebinje. These indicators illustrate the constant growth of the real estate market – construction is almost continuous thanks to high demand. In such circumstances, a real estate lawyer plays a key role in ensuring that every legal aspect of those deals is correct and that a client's interests are protected. Why hire a real estate attorney? The transfers of real estate in Bosnia and Herzegovina imply a series of legal procedures and checks. Although the law requires that real estate contracts be concluded in writing and certified by an attorney or notary, the role of a lawyer/attorney is indispensable in providing comprehensive legal protection to a client. A notary public is a neutral public servant, but it is a lawyer/attorney who advises and represents exclusively the interests of their client throughout the entire process. Some of the advantages of hiring a real estate attorney are: Legal documentation check: A lawyer thoroughly checks the ownership of a property and the land registry status before sale or purchase. This means looking into the Land Registry to determine the legal status – who the real owner is, whether there are any encumbrances such as mortgages, notice of pending action, litigations or other restrictions on the property. This check of the title deed (ownership paper) and documentation is essential so that you know exactly what you are buying and whether a seller has the right to dispose of the property. (For example, attorneys specializing in property law routinely conduct ownership and encumbrance checks when buying/selling, so that a client is sure of the legal status of a property.) Drafting and certification of the purchase (and sale) agreement: A quality-drafted real estate purchase agreement protects your rights and money. A real estate lawyer prepares a contract in accordance with the law and your agreement, foresees all important clauses (such as the payment deadline, transfer of ownership, liability for material defects, penalties for delay, etc.) and adapts it to the specific case. After drafting, the attorney can organize notarization of the contractor's signature (because the newly certified contract has full legal force for the registration of ownership rights. In this way, it is ensured that the contract/agreement is not just a formality, but that it really protects the interests of a buyer or seller (as appropriate). Registration of ownership rights: After signing the contract, it is necessary to register the new owner in the land registry. A lawyer can submit a request on your behalf for registration (intabulation) of ownership rights over real estate in the competent land registry office. This ensures that the change of ownership is formally recorded in public registers, which is a requirement for you to be recognized as the legal owner of the property. Property-legal disputes and lawsuits: If there is a dispute related to real estate – whether it is about establishing or contesting ownership rights, interference with possession, property-legal aspects of divorce (property division), and even fraud in sales – a real estate attorney represents a client before courts. Filing a lawsuit to protect real estate rights or responding to another party's lawsuit requires expert knowledge of substantive (material) and procedural law. An experienced attorney shall gather evidence, prepare the necessary filings, and represent you at hearings to assert or defend your right to ownership. (In practice, lawyers often lead property disputes for the division of real estate between co-owners, annulment of contracts/agreements due to defects of will, compensation for damages due to hidden defects in purchased real estate, etc.) Regulating co-ownership and condominium (apportioning (dividing) condominium units): When a property is owned by multiple people (e.g. spouses or heirs) or when it is a building with multiple apartments, a lawyer can help regulate co-ownership relationships. This may include drafting an agreement on the division of the property (physical or civil division) or initiating a condominium process. Condominium is the process of dividing a single property (e.g. a residential building) into multiple independent condominium units (apartments or business premises), with the definition of separate and common areas. A real estate attorney coordinates the preparation of the necessary documentation (condominium study (floor study) through a licensed surveyor) and submits a proposal for the registration of condominium ownership in the book of deposited contracts (register of deeds) or the land registries, so that each apartment receives a separate ownership list. A lawyer can also draft a co-ownership agreement that regulates the management of the common property and the mutual rights of the co-owners. Probate proceedings related to real estate: After someone's death, real estate enters the deceased’s estate (inheritance mass) and is distributed to the heirs. A lawyer can represent a party in probate proceedings before a court, especially if there are disputes between heirs regarding the division of real estate or if it is necessary to challenge/defend the validity of a will concerning real estate. Professional management of these procedures is important so that each heir can achieve his or her share, and the real estate is properly registered to the new owners after the procedure is completed. Advice on / Consultation when purchasing a new building unit from an investor: Buying an apartment or house under construction (new construction) carries certain risks and specificities. A lawyer / attorney-at-law provides advice when negotiating and concluding a preliminary contract with an investor, checks whether the investor has the correct documentation (building permit, right to build on the land, use permit (occupancy permit) after construction, etc.), as well as whether the project is registered in the Book of Deposited Contracts. It is important to legally ensure that the advances paid will be protected and that upon completion of construction, the buyer will be able to transfer ownership without encumbrance. The lawyer reviews the contract clauses that investors offer to buyers, and can propose changes to better protect the client (e.g., guarantees for completion of work on time, penalties if construction is delayed, securing payments through an escrow account, and the alike). In this way, the buyer is protected from potential problems such as double-sold apartments, failure to meet construction standards, or complications in registering ownership. Representation of foreign nationals in the purchase of real estates in Bosnia and Herzegovina: Foreign nationals can purchase real estates in Bosnia and Herzegovina, but under certain conditions. A lawyer / attorney-at-law specializing in real estate and private international law introduces a foreign client to the legal framework: reciprocity is the key principle – foreigners can acquire ownership of real estates if citizens of Bosnia and Herzegovina can acquire ownership in the foreigner's country of origin, under similar conditions. If reciprocal relations do not exist, the lawyer will offer alternative solutions, such as establishing a company in Bosnia and Herzegovina in the name of a foreigner, through which a real estate is then purchased (because the company, as a domestic legal entity (legal person), can acquire real estate without restrictions). In addition, foreign buyers often need special approvals – e.g. obtaining approval from the Ministry of Justice to register the foreigner's ownership in the land registries in Republika Srpska. A real estate lawyer provides full support to the foreigner: from obtaining an ID number and Unique Identity Number (JMB) for record purposes, through the preparation of bilingual contracts, to representation before a notary and cadastre, so that the client from abroad can safely invest in Bosnia and Herzegovina. We wrote much more about the right of foreigners to buy real estate in Bosnia and Herzegovina in this article, so you can read in detail: The right of a foreigner to buy real estate in Bosnia and Herzegovina. Preparation of power-of-attorney and representation without presence of a client: Many clients cannot personally attend every step of a purchase and sale (e.g. they live abroad or are busy). An attorney then prepares a power-of-attorney by which a client authorizes him/her to perform certain legal tasks related to real estate on his/her behalf. This may include the authority to sign a purchase and sale agreement, submit an application for registration, collect an extract from the land registry, and even transfer or receive the purchase and sale price through an escrow account. Power of attorney must be certified (in Bosnia and Herzegovina or in a foreign country with an Apostille/legalization), and a lawyer can then represent a client before all competent authorities. In this way, the client saves time and can realize real estate transactions "remotely" with the certainty that a professional represents their interests. As it can be seen, the spectrum of legal services in the field of real estate is broad. Each of the above procedures has its own legal formalities – from checking papers to drawing up contracts / agreements to court proceedings – so hiring an experienced real estate lawyer ensures that no detail is left to chance. Below we provide an overview of the state of the real estate market in Bosnia and Herzegovina, some practical advice from a lawyer's perspective, and a brief analysis of the costs of legal services related to real estate. Real estate market in Bosnia and Herzegovina: Where is the highest turnover? Bosnia and Herzegovina has a diverse real estate market, ranging from very active urban areas to rural areas with less transactions. Statistics show that the largest real estate turnover is achieved in the largest cities. In the Federation of Bosnia and Herzegovina, this is primarily Sarajevo – specifically, the municipalities of Novo Sarajevo, Centar and Novi Grad, leading in the number of apartments sold . Immediately after Sarajevo, as regional centers, Mostar and Tuzla follow, which also record a high volume of purchases and sales. This trend is anticipated given the economic activity and population concentration in these areas. In Republika Srpska, a similar situation exists – Banja Luka, as the largest city, has the most vibrant real estate market. In the first half of last year, 2,935 real estate properties worth 155 million BAM were sold in Banja Luka, which is by far the highest in the RS. This is followed by Bijeljina (63 million KM worth of properties sold in the same period), then Doboj (53 million) and Trebinje (37 million). These data confirm that Sarajevo and Banja Luka, as administrative and economic centers, have the highest real estate turnover, while significant turnover also exists in other regional centers such as Tuzla, Mostar, Bijeljina, Zenica, etc. It is important to note that high market activity often means more legal challenges. In attractive environments, properties move faster, prices rise, and investors often launch new projects. Buyers sometimes make decisions quickly, which makes legal due diligence (legal check) of the property and contracts even more important – in a dynamic market, there is a greater chance of, for example, double sales, incomplete documentation, or disputes over ownership. Therefore, in cities such as Sarajevo or Tuzla, having a reliable real estate lawyer who knows the local situation well is an additional security. Advice on buying real estate – from a lawyer's perspective Buying or selling real estate is a complex undertaking, but with legal advice, it can be done safely and stress-free . Below are some tips that every real estate attorney would give to their clients before entering into a transaction: Check the title (ownership) and encumbrances in advance: Don't just take the seller's word for it – before signing any pre-contract or putting down a deposit, check the real estate land registry extract. The certificate of ownership (land-registry extract) will show whether the seller is the owner at all, whether there are mortgages, notes of dispute, easements or other encumbrances. If there are co-owners, they must also agree to the sale. Also check the cadastral extract and whether the property has the necessary permits (for the facility). These checks can be done quickly and efficiently by your lawyer. Never pay large amounts or sign a contract / agreement before you are 100% sure of the legal status of the property. Don't rush into signing – ensure a good contract: A real estate purchase and sale contract or agreement defines all the essential elements of the deal and therefore must be precise. If a preliminary contract (pre-contract / pre-agreement) is being made, insist that the down payment gets listed, the deadline for concluding the main contract, what if one party gives up (is the down payment lost or is it returned double), and the like. The main contract should contain precise information on the property (according to the land registry and cadastre), price and currency, payment deadline and method, deadline for handing over possession, description of the property's condition, and clauses on any potential defects and warranties. The best real estate lawyer will recognize potential problems in advance and insert appropriate provisions that protect the client – whether you are the buyer or the seller. Therefore, read every contract (even the "template" one at the notary) carefully and consult a lawyer before signing. Count on additional costs: In addition to the purchase price, buying real estate also carries certain additional / side costs. These include real estate transfer tax (5% of the value in the Federation of Bosnia and Herzegovina, except for new construction, the first transaction that is exempt; in the RS, 3%, if it is not the first transaction), notary fees, the cost of documentation certification and registration (court fees), possibly real estate agency costs, and of course attorney’s services. It is a good idea to find out in advance about the approximate amount of all these costs. A lawyer can give you an estimate – for example, notary fees are calculated according to the Notary Tariff, attorney fees according to the Attorney Tariff, tax based on the value of the real estate, etc. This way you will avoid unpleasant surprises and plan your budget properly. Insure yourself against risks in new construction: If you are buying a property under construction (directly from an investor), pay special attention to the reputation of the investor and the legal certainty of the project. Check whether the investor has a building permit and whether it is registered as the owner of the land or has the right to build. Ask to see proof that the building / property has been registered in the book of deposited contracts (registered contracts) (which means that the condominium has been started and that there is project documentation in the court). The contract should provide for the deadline for the completion of the works and penalties if the deadline is missed. Also, ask if the investor has already mortgaged the property to the bank for a loan – if so, demand that the mortgage be canceled before handing over the apartment to you. In these situations, a bank guarantee or payment through a notary deposit/escrow account is useful: your money is paid to the investor only when it registers you as the owner. In general, a piece of advice from a lawyer when buying new construction is worth a fortune, because it helps to protect yourself from possible fraud or loss of investment. Foreign nationals – check the requirements: If you are a foreigner buying a property in Bosnia and Herzegovina, find out about the legal restrictions. As mentioned, the basic requirement is the principle of reciprocity between countries. Check if there is an agreement or practice that allows you to acquire ownership – your lawyer can find out this from the Ministry of Justice in Sarajevo or the relevant authorities. If direct registration will not be possible, plan to establish a limited liability company (d.o.o.) as an alternative. Foreign buyers also have to complete administrative steps: obtain a Unique Master Citizen Number (JMBG) or ID number, and often a work/residence permit if they will be staying in the property for a longer period. Hiring a lawyer who speaks your language and is familiar with the procedures will greatly simplify the process. He or she will prepare all the necessary documentation for you, communicate with the authorities and ensure that the purchase goes according to the laws. Hire a specialized real estate lawyer: Not all lawyers are equally experienced in real estate matters. It is advisable to hire a real estate lawyer / attorney who has a track record of successful cases of purchase and sale, registration (book-entry) and property disputes. Before choosing, feel free to ask the lawyer for references in this area. Also, local experience can be valuable – knowledge of the procedures in a specific court or cadastre (e.g. in Sarajevo, Tuzla, Banja Luka) can speed up the resolution of your case. A good lawyer will listen carefully to your needs, warn you in advance of possible obstacles and take care of every detail of the transaction. Remember, "cheap one" is not always the best one – quality legal advice can save you from disproportionately greater losses. Therefore, choose a professional you trust, given that investing in professional legal assistance means security for your property / real estate. How much do the services of a real estate lawyer cost? Attorney-at-law / lawyer services in Bosnia and Herzegovina, including those related to real estate, are charged according to the Attorney Tariff / Lawyer Tariff, prescribed by the Bar Association. In the Federation of Bosnia and Herzegovina, the new Attorney Tariff has been in effect since June 2025 – the first change in 22 years – which increased the value of a calculation point from the previous 3.00 BAM (KM) to 5.60 KM. That point is the basis for calculating attorney fees, which practically means that certain legal services will become more expensive (e.g. filing a small claim that previously cost 240 BAM, now costs around 448 BAM, therefore ~87%). The Federation of Bosnia and Herzegovina 2025 Tariff on Attorney Remuneration and Fees for Attorney Work precisely determines how many points a lawyer is entitled to for certain actions. For example, it is stipulated that for drafting legal submissions or contracts, a lawyer is entitled to a reward based on the time spent – 30 points for every half an hour of work on a document that has been started. Also, 30 points per half an hour are provided for legal advice and consultations, while reviewing files or land registers is 10 points per half hour. Of course, in practice, all this depends on the complexity of the case; simpler cases may require less time (fewer points), and complex disputes more. It is important to point out that the lawyer and the client can agree on the method of calculating the service in advance. The Tariff allows for a fixed amount, an hourly rate or even a fee depending on success to be agreed upon in a written contract (e.g. a percentage of the value of the proceedings, up to 30%). If there is no separate contract, then the official Tariff applies. In both cases, the client can always request an estimate or clarification of costs in advance – the lawyer is obliged to present how his award will be calculated and what the additional costs are (e.g. taxes, travel expenses, etc.). In the context of real estates, the costs of hiring an attorney-at-law can vary: for relatively routine tasks such as checking documentation or drawing up a purchase agreement, a lawyer fee shall be in the range of several hundred Bosnian marks (convertible marks – KM) (depending on the hourly rate and the number of corrections/amendments to the contract / agreement). On the other hand, conducting a court case over real estate (e.g. a claim to determine ownership of a large sum of money) can cost several thousand BAM, given the length of the proceedings and the value of the subject matter of the dispute (the Tariff provides for a range of points according to the value of the disputed real estate). It is important to emphasize that these fees are an investment in legal certainty – a good lawyer can prevent the loss of real estate or money, which is a disproportionately greater damage than the amount of the fee. In conclusion, before any real estate transaction, it is useful to consult a lawyer / attorney / attorney-at-law and inquire about the approximate costs of legal services. A transparent lawyer will explain to you what the Tariff prescribes and how much his or her representation will cost you approximately. This way, you can make an informed decision and avoid misunderstandings. Conclusion: Regardless of whether you plan to buy an apartment in Sarajevo, a family house in Tuzla, or invest in land in any part of Bosnia and Herzegovina, hiring an expert real estate lawyer will ensure you a peaceful night's sleep. From the first check of the papers, through the conclusion of the contract / agreement, to the final registration of your name in the land register – the lawyer will watch over every step. This way you will avoid potentially expensive mistakes and be sure that your property is firmly protected by the law. In the dynamic world of real estate, having an experienced legal counsel means buying or selling real estate safely, legally and efficiently, which is an invaluable asset for any client. --- ## How to get citizenship of Bosnia and Herzegovina - Law office Source: https://advokat-prnjavorac.com/lawoffice/how-to-get-citizenship-of-bosnia-and-herzegovina.html > How to get citizenship of Bosnia and Herzegovina – engagement of the Law Office How to get citizenship of Bosnia and Herzegovina Citizenship represents a permanent legal relationship between an individual and a state/country, from which certain rights and obligations arise for a citizen. Each country in its laws determines the conditions under which certain persons will be considered its citizens. Bosnia and Herzegovina (B&H) has a complex citizenship system: there is citizenship of B&H existing at the state level, and entity citizenships (Federation of B&H and Republika Srpska), where all entity citizens are automatically citizens of B&H. The Constitution of B&H stipulates that no one may be arbitrarily deprived of citizenship or left stateless. The following is an overview of the methods of acquiring citizenship of B&H according to current regulations, with a special emphasis on acquiring citizenship by descent (based on parents), which is important for persons born abroad who originate from Bosnia and Herzegovina. Ways to acquire B&H citizenship According to the B&H Law on Citizenship, citizenship can be acquired in five basic ways: By descent/origin – based on the citizenship of the parents (ius sanguinis). By birth on the B&H territory – in special cases (ius soli, prevention of statelessness). By adoption – if a child is adopted by a citizen of Bosnia and Herzegovina. Naturalization – admission to citizenship upon request, subject to meeting prescribed conditions. By international agreement – according to bilateral treaties on dual citizenship. These methods of acquiring citizenship of Bosnia and Herzegovina are explained in detail below. Acquisition of B&H citizenship by origin (through parents) The most common basis for acquiring B&H citizenship is origin, that is, the citizenship of the child's parents. B&H applies the principle of ius sanguinis, which means that the citizenship of the child primarily depends on the citizenship of the parents. A child born after the entry into force of the Constitution of B&H (in 1994) acquires the citizenship of B&H by origin in the following situations: Both parents are B&H citizens: If both parents were B&H citizens at the time of the child's birth, the child automatically acquires B&H citizenship regardless of the place of birth. It does not matter whether the child was born in Bosnia and Herzegovina or abroad – in both cases, with two citizen parents, the child is a B&H citizen from birth. One parent citizen of B&H, child born in B&H: If one parent was a citizen of B&H at the time of birth, and the child was born on the territory of B&H, the child also acquires B&H citizenship by descent. One parent a citizen of B&H, child born abroad: In this case, there are additional conditions. If only one parent is a B&H citizen, and the child was born outside of Bosnia and Herzegovina, the child has the right to citizenship of Bosnia and Herzegovina, but in order to retain it, he/she must be registered as a citizen of Bosnia and Herzegovina by the age of 23 with the competent authority (diplomatic-consular representation of Bosnia and Herzegovina abroad or municipality in Bosnia and Herzegovina). Therefore, persons born in the diaspora from one parent who is a B&H citizen should register their B&H citizenship by their 23rd birthday. Otherwise, after the age of 23, they lose the automatic right to B&H citizenship by origin. An exception is the case when the child would otherwise remain stateless – then he/she acquires B&H citizenship without fulfilling this deadline. A very important note for those persons older than 23 years of age who have not exercised this right: If there is evidence that a person was treated or registered as a citizen of B&H before reaching the age of 23 – e.g., entered in the parent's passport as a citizen of B&H (example: entry in the mother's passport), an application was submitted or an entry was made at the diplomatic and consular representations, a certificate of registration/deregistration of residence in B&H, an extract from the civil registries with registered citizenship of B&H, and alike, - then the age limit of 23 is not considered an obstacle for acquiring/establishing citizenship. In such cases, an application is submitted for subsequent registration or reconstruction of the entry in the records. Special situations: If one parent is a B&H citizen, and the other is a stateless person or was a citizen of the former SFRY at the time of the child's birth, a child born abroad also acquires the citizenship of B&H by origin according to earlier regulations. Also, adoption by citizens of B&H has the effect of acquiring citizenship by origin – a child of foreign citizenship or without citizenship who is fully adopted by citizens of B&H (full adoption) acquires citizenship of B&H by origin. It is important to emphasize that persons who acquire B&H citizenship by descent are considered citizens from the moment of birth. In practice, this means that many descendants of emigrants from B&H who were born abroad are already citizens of B&H by descent, although they may not have B&H documents – it is necessary to make a subsequent registration in the civil registries (through the diplomatic-consular network of B&H or in the municipality) in order to be issued a certificate of citizenship and other documents. Many B&H citizens in the diaspora have foreign citizenship acquired by birth or naturalization in other countries, but at the same time they are entitled to citizenship of Bosnia and Herzegovina by descent of their parents. Age is not an obstacle here – even if a person is older than 23 years, if both parents were citizens of B&H at the time of their birth, he/she can still be registered as a citizen of B&H (because in that case citizenship is acquired automatically). In the case where only one parent is a B&H citizen, and the application deadline of 23 years of age has been missed, there are options for later acquisition of citizenship through facilitated naturalization or special procedures – legal advice is recommended in such situations. Acquisition of B&H citizenship by birth on the territory (ius soli) Bosnia and Herzegovina does not primarily grant citizenship by place of birth, except for the purpose of prevention statelessness. A child born or found on the territory of B&H after the entry into force of the Constitution acquires the citizenship of B&H on the basis of birth on the territory (ius soli) if he/she would otherwise remain stateless – i.e., if both parents are unknown, of unknown nationality or stateless. This provision ensures that no child born in B&H is stateless. In all other cases, the citizenship of a child born in B&H is determined by the citizenship of the parents (origin), and only if the child cannot acquire the citizenship of the parents, B&H grants citizenship based on birth on its soil. Acquisition of B&H citizenship by adoption When a citizen of Bosnia and Herzegovina fully adopts a child under the age of 18, that child acquires the citizenship of Bosnia and Herzegovina on the basis of adoption. The condition is that the adoption is complete and legally binding. In this way, the status of adopted children is equalized with biological children in terms of citizenship. Acquiring B&H citizenship through naturalization (admission) Naturalization is a way of acquiring citizenship of B&H based on a voluntary request by a foreigner who meets the conditions prescribed by law. For foreigners who wish to become citizens of B&H, the law provides for quite detailed criteria, which are listed in the Law on Citizenship of B&H. In addition to the above, an important condition for naturalization is the applicant's willingness to renounce his/her previous citizenship before acquiring B&H citizenship. The law requires a person to renounce or otherwise lose his/her previous citizenship, unless there is a bilateral agreement between B&H and that country that regulates the issue of dual citizenship otherwise. Renunciation of previous citizenship will not be required if it is not permitted or cannot be reasonably required (e.g., if the other country does not allow the release of citizenship or sets unworkable conditions). In practice, this means that candidates for naturalization in B&H must provide evidence of the release or renunciation of previous citizenship, unless they are citizens of countries with which B&H has special agreements on dual citizenship (more on this below). Note: Bosnia and Herzegovina currently has bilateral agreements on dual citizenship with the Republic of Serbia, the Republic of Croatia and the Kingdom of Sweden. Citizens of these countries can acquire citizenship of Bosnia and Herzegovina without renouncing their original citizenship, and citizens of B&H can also retain B&H citizenship when acquiring citizenship of these countries. For citizens of other countries, it is common practice to renounce their previous citizenship when naturalizing in B&H. However, the fact is that B&H does not have an effective mechanism for monitoring dual citizenship, which means that individuals from countries without agreements sometimes manage to retain foreign citizenship, unless the foreign country requests a waiver upon naturalization. There are also plans to expand the number of dual citizenship agreements (e.g., an initiative for an agreement with Germany) in order to make it easier for former B&H citizens to regain B&H citizenship without losing their newly acquired foreign citizenship. Facilitated naturalization: The law provides for special, more favorable conditions for certain categories of foreigners applying for B&H citizenship. The most significant example is the acquisition of citizenship based on marriage to a B&H citizen. The spouse of a B&H citizen may acquire citizenship through facilitated naturalization if he or she meets the following conditions: that the marriage with a citizen of B&H lasted at least 5 years before submitting the application and is still ongoing at the time of submission; that he/she has an approved permanent residence in B&H; to renounce their previous citizenship before acquiring B&H citizenship (unless the foreigner is a citizen of Serbia, Croatia or Sweden, where an agreement on dual citizenship is in force). that he/she does not represent a threat to the security of B&H. Other requirements (such as language proficiency, finances, criminal records) are not explicitly required by the Law in these cases, or are already met through the requirement of permanent residence. Facilitated naturalization accelerates and simplifies the acquisition of citizenship for spouses of B&H citizens. Special cases: The law also allows easier acquisition of citizenship for some other categories: Former citizens of B&H who renounced B&H citizenship in order to acquire or retain citizenship of another state have the right to reacquire B&H citizenship under a simplified procedure, under certain conditions. Emigrants returning to B&H, as well as the first and second generation of their descendants settling in B&H, may apply for B&H citizenship with exemption from meeting certain requirements (two of the general requirements may be waived). In practice, this means that, for example, returnees from the diaspora and their children/grandchildren may obtain citizenship without meeting the full conditional period of residence or similar requirements. A minor child whose one parent has acquired B&H citizenship can also obtain B&H citizenship by naturalization (subsequent registration), provided that the child has a temporary or permanent residence in B&H and that the parent submits an application on his/her behalf (with the consent of the child if he is over 14 years old). Stateless persons (also apatridi in Bosnian) and refugees can acquire B&H citizenship under mitigated conditions – they are only required to have continuously resided in B&H for 5 years in that status before submitting an application (other conditions are partially waived). Naturalization in the interest of B&H: Exceptionally, the Council of Ministers of B&H may grant citizenship to a foreigner even if he or she does not meet all legal requirements, if it assesses that the admission of that person to B&H citizenship would represent a special interest for the state (e.g., recognized experts, athletes (sportsmen), investors, etc.). Acquiring B&H citizenship based on an international agreement Bosnia and Herzegovina may conclude international agreements on dual citizenship with other states, based on which it is easier for citizens of those states to acquire citizenship while retaining their previous citizenship. An example of such an agreement is the Agreement on Dual Citizenship between B&H and the Federal Republic of Yugoslavia (now the Republic of Serbia), concluded in 2002. Based on this agreement, citizens of Serbia can acquire B&H citizenship under simplified conditions without losing their Serbian citizenship, and vice versa. The agreement stipulates, for example, that a Serbian citizen who wants B&H citizenship must be 18 years old, have registered residence in B&H for at least 3 years (or 1 year if married to a B&H citizen), not have been convicted of serious felonies, not have an expulsion order, and that he/she respects the legal system of B&H. It is also explicitly stated that acquiring a second citizenship will not be conditioned by renunciation of the previous one in these cases. In addition to Serbia, Bosnia and Herzegovina has concluded bilateral agreements on dual citizenship with Croatia (in 2007) and Sweden (in 2003). Accordingly, citizens of Croatia and Sweden can also acquire B&H citizenship without renouncing their citizenship (and B&H citizens can retain B&H citizenship if they acquire the citizenship of those countries). These agreements have enabled the largest number of naturalizations in B&H in recent years to be on this basis – for example, many citizens of Croatia and Serbia annually become citizens of B&H on the basis of agreements. For citizens of countries with which B&H does not have such agreements (e.g. citizens of Western European countries, the USA, etc.), the general conditions for naturalization still apply, including the requirement to renounce previous citizenship. However, persons of B&H origin who have acquired other citizenships (such as citizens of Germany, Austria, the USA, Canada, etc.) often use the basis of origin to obtain B&H citizenship in order to avoid losing foreign citizenship – because through descent/origin, they acquire B&H citizenship as an additional one, from birth, which is legally different from naturalization. How to obtain citizenship of Bosnia and Herzegovina: Frequently asked questions Q: I live abroad and have a foreign citizenship, and one or both of my parents are citizens of B&H. Do I have the right to citizenship of Bosnia and Herzegovina? A: Yes. According to the law, every child whose parent is a citizen of B&H has the right to B&H citizenship by descent/origin. If both parents were citizens of B&H at the time of your birth – you are automatically a citizen of B&H from birth regardless of where you were born, you just need to be registered (entered) in the civil registry of B&H citizens. If only one parent was a B&H citizen at the time of your birth, and you were born abroad, then you should have submitted an application for registration of B&H citizenship before reaching the age of 23. If this has not been done, it does not necessarily mean that you have lost your right – it is possible to initiate the procedure for subsequent acquisition of citizenship (through a facilitated procedure or naturalization). In any case, you have grounds for B&H citizenship by descent, and we recommend that you contact the competent diplomatic and consular mission of B&H for advice on registering for citizenship. Many people in the diaspora exercise their right to B&H citizenship precisely on the basis of origin, even if they already have foreign citizenship. Q: What are the main ways to acquire citizenship of Bosnia and Herzegovina? A: B&H citizenship can be acquired in five ways: by descent/origin (through parents who are citizens of B&H), by birth on the territory of B&H (if the child would otherwise be stateless), by adoption (full adoption by a B&H citizen), by naturalization (admission to citizenship upon request with fulfilled conditions), and on the basis of an international agreement (dual citizenship under bilateral agreements). Q: Does Bosnia and Herzegovina allow dual citizenship? Do I have to renounce my current citizenship if I acquire B&H citizenship? A: Dual citizenship in B&H is limited. According to the Constitution of B&H, dual citizenship is allowed only if there is a bilateral agreement between B&H and that country. Currently, B&H has such agreements with Serbia, Croatia and Sweden, so citizens of those countries can become B&H citizens without renunciation, and vice versa. For all other countries, the law stipulates that a foreigner must renounce their previous citizenship before acquiring B&H citizenship. In practice, this means that you will have to submit proof with your application for naturalization that you have initiated a release or have already renounced your previous citizenship (unless you come from a country with which B&H has an agreement). The exception are cases when a foreign country does not allow release – then B&H can grant citizenship without a formal renunciation. Also, if you acquire citizenship by descent/origin, then renunciation of your other citizenship is not required, because you are considered a B&H citizen from birth. In short, B&H does not formally allow dual citizenship with most countries, but thanks to agreements and the basis of origin, many have two (or more) passports. Q: Can I acquire B&H citizenship based on marriage to a B&H citizen? What are the conditions? A: Yes, marriage to a B&H citizen enables easier acquisition of citizenship. The basic conditions are: that the marriage has lasted at least five years and is still ongoing at the time of submitting the application, that you have been granted permanent residence in B&H, and that you meet certain security requirements (e.g. that you do not pose a threat to security). In this case, renunciation of previous citizenship is also required, unless you are a citizen of Serbia, Croatia or Sweden (dual citizenship agreement). The advantage of facilitated naturalization of spouses is that it does not require meeting all the conditions as for regular naturalization – for example, a certain number of years spent in B&H is not required (permanent residence that you have already obtained based on marriage is sufficient), nor is a special language test or proof of finances required. This makes the procedure faster and simpler. To initiate the procedure, you submit an application to the Ministry of Civil Affairs of Bosnia and Herzegovina (through the municipality or entity Ministry of Interior Affairs), with documentation proving that the above conditions have been met and a declaration of marriage to a B&H citizen. Q: How long does the procedure for acquiring citizenship of Bosnia and Herzegovina last? A: The length of the procedure depends on the basis on which citizenship is acquired. If it is a matter of registering citizenship by origin (e.g., a child born abroad to B&H parents and under the age of 23), the procedure can be relatively quick – often a few weeks after submitting the proper documentation. On the other hand, with naturalization (admission to citizenship), the procedure is longer. It is necessary to carry out checks to ensure that all conditions are met, which includes collecting more evidence and consent from various authorities. In practice, naturalization can last from several months to a year or more, depending on the complexity of the case. For facilitated naturalization of spouses or readmission of former citizens, the procedure is somewhat shorter than for standard naturalization. In any case, the competent institutions strive to issue a decision as soon as possible after the received application has all the necessary documentation. --- ## Debt collection Bosnia and Herzegovina - LAW OFFICE Source: https://advokat-prnjavorac.com/lawoffice/debt-collection-bosnia-and-herzegovina.html > Debt collection Bosnia and Herzegovina - LAW OFFICE Debt collection in Bosnia and Herzegovina and compulsory enforcement - Law office Our law office provides advocacy and consultancy services to domestic and foreign companies and natural persons to collect their receivables in Bosnia and Herzegovina. Our main principle is to ensure our client to obtain his receivables in the fastest manner with the lowest cost. When everything else fails, we take the issue to the court in Bosnia and Herzegovina. We have been successful in getting debtors, private and commercial, and have helped debtors realize that the sooner they settle and pay, the better. Our strategy: • Analyzing the solvency of debtors in Bosnia and Herzegovina. • Pursuing debtors with the aim of reclaiming monies due and owing. • Contacting debtors. • Performing execution procedures. • Advice or suggestions regarding the enforcement proceedings, civil litigation and insolvency proceedings. • Starting litigation before the competent court in Bosnia-Herzegovina. In most cases we suggest our clients send a final demand letter professionally written by our law office. In many cases, this letter leads to payment in full or an offer to pay the claim by instalments. We offer initial review of the debtor's bank accounts in Bosnia and Herzegovina and monitoring of its credit and financial status during the whole procedure. Our collection service includes collection as well as enforcement of domestic and foreign claims in Bosnia and Herzegovina as well as the enforcement of titles of execution and judgments already obtained abroad. Renowned collection agencies cooperate with us and regularly employ our firm for the enforcement of claims in court in Bosnia & Herzegovina. Frequently asked questions on the topic of debt collection in Bosnia and Herzegovina How is debt collected in Bosnia and Herzegovina? Debt collection in Bosnia and Herzegovina can be divided into two stages of the procedure. During out-of-court collection of debt, the collection is made without a court if possible. During the court collection of debt, the procedure is performed before the competent court in Bosnia and Herzegovina. We as a law office can assist you in both phases of the debt collection processs. Most cases are resolved without court intervention amicably, however when the debtor does not want to pay his debt, in that case court proceedings are the only possible solution to the debt collection in Bosnia and Herzegovina. What does out-of-court collection of debt in Bosnia and Herzegovina mean? In principle, we always start the process of debt collection out of court. We try to avoid the need for court intervention. We contact your debtor and suggest that he pay the debt peacefully. If the debtor does not pay within the specified period, we will initiate court proceedings to collect the debt according to your instructions. Announcing a lawsuit will often force your client to pay the debt. We act in accordance with the principle of economy and finding the solution that is most economically advantageous for our client. What does court collection of debt in Bosnia and Herzegovina mean? If your debtor refuses to pay in out-of-court proceedings, after consultations with you, we are able to initiate court proceedings. We will inform you in advance about the probability of success in the debt collection process. We will always inform you in advance about possible court costs and we will not start the procedure until we obtain your approval. How long does it take to collect debt in Bosnia and Herzegovina? Debt collection in Bosnia and Herzegovina can take from 24 hours or up to several months, and in the case of court proceedings, several years, depending on many factors. Is it possible to agree on debt repayment in the form of an enforcement document in Bosnia and Herzegovina? Yes, it is possible to agree on the return of the debt in the form of an enforcement document before a notary if there is a consensus. In that case, if the debtor does not pay the debt instalment, court enforcement proceedings can be initiated immediately in order to collect the debt in full. Notaries can also make Commercial Law Contracts that can have the force of an enforcement document, which means that the parties can obtain an enforcement copy of the original and initiate direct court enforcement without prior court proceedings, these are acts that involve monetary sums, exchangeable items or securities. Civil law Property-legal relations Commercial law Land books Family and the law of succession International private law Business law Proceedings before the Constitutional Court Debt collection Proceedings before the Strasburg Real estate in Bosnia and Herzegovina IT Law Business --- ## Corporate Law in Bosnia and Herzegovina – Law office Prnjavorac Source: https://advokat-prnjavorac.com/lawoffice/corporate-law.html > Prnjavorac Law Office provides comprehensive services in the field of corporate law in BiH - from company formation and registration, contract drafting and due diligence analysis, to status changes, M&A transactions and representation before courts and administrative authorities. Ensure legal certainty and smooth development of your business with experienced commercial law lawyers. Corporate Law: Legal Support for Your Business Operations Starting and running a company comes with numerous legal challenges. Corporate law covers every legal aspect of a company’s operations – from company formation to complex mergers and acquisitions (M&A). In today's competitive business environment, every company needs legal certainty and regulatory compliance to thrive without issues. Expert legal support in business helps to avoid costly litigations and unnecessary risks. An experienced corporate attorney can ensure that your business decisions are in accordance with the law, giving you peace of mind and the ability to focus on growing your business. Prnjavorac Law Office offers comprehensive services in the field of corporate (business) law, tailored to the needs of your business – from company formation and registration, through contract preparation and business consulting, to representation in disputes. Below we highlight the main legal services that our office provides within the framework of corporate law, along with useful information and advice for companies seeking legal certainty in their business: Due Diligence When making major investments or acquisitions, full information is paramount. Due diligence (in-depth legal analysis of business) is a detailed examination of the legal and financial status of a company before its acquisition or merger. The goal of due diligence is to uncover all the facts and potential risks that could affect an investor's or buyer's decision. Our lawyers conduct a thorough due diligence review of the target company's documentation and operations: we check the ownership structure, existing contracts and obligations, active lawsuits or threats of lawsuits, the state of assets and debts, compliance with labor, tax and other regulations, as well as other relevant legal aspects. After the analysis, we present you with a report with findings and recommendations. This transparency allows you to negotiate better terms of sale or, if serious problems are discovered, to timely withdraw from a harmful transaction. In short, a well-conducted due diligence protects your interests and prevents unpleasant surprises in future business. Company Formation/ Establishment and Registration Starting a new company is an exciting, but also complex process from a legal point of view. Before your company starts operating, it is necessary to choose the appropriate legal form (e.g. limited liability company – LLC (Bosnian d.o.o.), joint-stock company - d.d., etc.) and prepare all the necessary documentation. To successfully establish and register a company, several key steps need to be completed: Choosing a legal form: Professional advice helps you choose whether your company will be a d.o.o., d.d. or another appropriate form, depending on the size of the business and a founder's plans. Drafting the acts of establishment: Preparing the establishment agreement or decision on establishment, statute and other acts that define the ownership structure, activities and management of a company. Registration with competent authorities: Submitting an application for entry of your company in the court register (registration of a business company), and obtaining identification numbers (JIB, VAT number) and appropriate work permits. Starting/commencing business operations: Opening bank accounts, registering employees and fulfilling other requirements for starting work in accordance with the law. Our legal team guides you through each of these steps of starting a company, ensuring that everything is done correctly and efficiently. This avoids potential mistakes that could hinder your business or lead to legal problems later. Status Changes and Reorganizations Over time, a company may grow, merge with another, or change its structure. Status changes include actions such as merging two companies into one, dividing one company into multiple entities, changing the registered office (address of registered business operations), changing the name or legal form of the company, and similar reorganizations. Each of these changes requires careful planning and implementation in accordance with the law, which an attorney for corporate law can help you with. For example, in the case of a merger, it is necessary to conclude a merger agreement, to harmonize property rights and liabilities, and to comply with all legal steps. When dividing a company, a detailed division plan is drawn up that determines how assets and liabilities are distributed to the new companies. Even a relatively simple change of seat requires the submission of appropriate applications and changes in the court registry. Our law firm provides complete support during these status changes – from advising on the best way to reorganize, through drafting all necessary decisions and contracts, to communicating with the court registry and other institutions. This ensures that your company implements the changes legally and properly, with minimal risk of legal complications. Founders’ Agreements When several people or companies jointly establish a new company, it is crucial that their relationship is clearly regulated from the very beginning. A founders’ agreement (also known as a founding or inter-owners’ agreement) defines the rights and obligations of each founder, ownership shares, decision-making methods, profit distribution, as well as the procedure in case one of the partners wants to leave the company or sell their share. Such an agreement serves as the foundation for a stable business relationship between the partners. Without clearly defined rules, disputes over the management of the company or strategic decisions can arise later. Our team of lawyers prepares detailed founders’ agreements tailored to the specific arrangements of your business venture. We also advise you on all key clauses – from the protection of minority shareholders’ rights to mechanisms for resolving potential disagreements – so that you have a complete picture and security from the very beginning. A well-written founding agreement is an investment in peaceful relations between the partners and the long-term success of the company. Ongoing Business Advisory and Corporate Governance Successful management of a company is not only about making business decisions, but also ensuring that those decisions are legally correct. Legal advice for business involves continuous support from attorneys in all segments of your business – from interpreting new laws and regulations that may affect your business, through advice on how to align internal acts and procedures with legal obligations, to consultations in crisis situations. Corporate governance refers to the system through which a company is managed and controlled. Well-established corporate mechanisms (e.g., rulebooks, boards, management structure) reduce the risk of irregularities and abuse. Our office advises your management and owners on how to establish effective corporate governance frameworks, in accordance with domestic legislation and international standards. Through this legal monitoring of business, we also provide business advice from a legal perspective – we help you make strategic decisions with full awareness of the legal consequences and obligations. The goal is to prevent problems before they arise and enable you to run your company safely, knowing that you are operating in accordance with all regulations. Contract Drafting and Review/Analysis Day-to-day business operations is unthinkable without various contracts – with clients, suppliers, employees and business partners. Every contract/agreement your company concludes should be clearly written, legally valid and maximally protect your interests. A poorly formulated or imprecise contract can lead to misunderstandings or even financial losses. Our team deals with the detailed preparation and analysis of all types of business contracts. Whether it is a simple purchase-sale agreement, a complex partnership agreement, a confidentiality agreement (NDA) or an agreement with a member of management, we will carefully consider each clause. We identify potential risks, advise where protective provisions should be added (such as penalties for non-fulfillment of obligations or clear termination conditions), and ensure that each agreement complies with applicable regulations. This way, your company can conclude deals with confidence, knowing that the contracts/agreements are strong and unambiguous. Mergers & Acquisitions (M&A) Buying and selling companies, or the process of Mergers and Acquisitions (M&A), is one of the most demanding business operations. Whether you are selling your company, taking over a competitor’s company, or merging to expand your business, every step must be carefully planned and covered by quality legal documents. Our legal team is experienced in managing M&A transactions from start to finish. We provide support in: initial negotiations and drafting of Term Sheet agreements (memorandums of understanding) between the parties, assessment of the best legal structure of a transaction (whether it is more appropriate to purchase shares/stocks or assets of the target company), detailed drafting of purchase and sale agreements, takeover agreements and supporting documentation, obtaining necessary regulatory approvals (for example, approvals from the Competition Council for the Protection of Market Competition, if applicable), closing the transaction and post-transaction integration. Through each of these steps, we protect your interests, anticipate potential problems and negotiate favorable terms. With expert legal support, even the most complex M&A processes become safer and more certain for all involved parties. Representation before Courts and Administrative Bodies Even with good prevention, sometimes situations arise that lead to litigation or proceedings before state authorities. In such moments, it is important to have a reliable legal representative. Our law firm represents companies in all types of commercial disputes before the courts – whether it is about the collection of receivables, disagreements between partners, disputes arising from contractual relations or claims for compensation for damage. An experienced attorney-at-law knows how to present the facts and legal arguments in the best light in order to protect the interests of your company. In addition, we represent clients before administrative authorities and regulatory bodies. This may include proceedings before inspectorates, agencies, tax authorities or other state institutions that supervise business operations. Whether you need to obtain a certain permit, defend yourself in a misdemeanor proceeding or challenge the decision of an authority, we provide you with full support. Our goal is to ensure that your rights are adequately represented and protected in each such proceeding, thereby preserving the reputation and continuity of your company's business operations. Ensure Legal Certainty for Your Business Operations Corporate law is the foundation of legal certainty for any successful business – it allows you to operate safely, in compliance with the law and focused on growth. Whether you have just founded a startup or are running an established corporation, having a legal advisor by your side means having a reliable support in all legal matters. Our mission is to provide legal support for companies in Bosnia and Herzegovina so that you can focus on what you do best – running and developing your business. Contact us today so that we could discuss about your needs and provide specific assistance. With a professional and accessible team at your side, you can confidently make business decisions knowing that every step is legally covered. Let us take care of the legal details, while you continue to build your company's success with the full support of experienced corporate attorneys. --- ## Criminal law | Bosnia and Herzegovina - Law Office Prnjavorac Source: https://advokat-prnjavorac.com/lawoffice/criminal_law.html > Criminal law | Bosnia and Herzegovina - Law Office Prnjavorac Areas of professional involvement : Criminal Law The Law Office defends parties-clients before courts and other authorities and institutions on the territory of Bosnia and Herzegovina and before the Court of Bosnia and Herzegovina. Permanent commitment of the Law Office is, by following the highest ethical principles contained in the code of law profession , to provide quality and efficient protection of its clients. Oral and written legal advice as well as representation before the courts and other state authorities of Bosnia and Herzegovina are the essence of the regular activities of the Law Office through which rights and interests of our clients are realized and protected. The long-standing legal and specialist education, business experience and successes are the basis for the belief that a special quality of professional engagement has been achieved in the following areas of law: Civil law Property-legal relations Commercial law Land books Family and the law of succession International private law Business law Proceedings before the Constitutional Court Administrative law Proceedings before the Strasburg Criminal Law IT Law Business --- ## LABOUR LAW of Federation of Bosnia and Herzegovina | LAW OFFICE PRNJAVORAC Source: https://advokat-prnjavorac.com/lawoffice/labour_law.html > LABOUR LAW of Federation of Bosnia and Herzegovina | LAW OFFICE PRNJAVORAC LABOUR LAW of Federation of Bosnia and Herzegovina I - BASIC PROVISIONS Article 1 This law is to regulate the conclusion of employment contracts; working hours; salaries; termination of employment contracts; exercise of rights and obligations deriving from employment; conclusion of collective agreements; peaceful resolution of collective labor disputes; and other issues deriving from employment, unless otherwise provided in another law. Article 2 Employment shall be established by concluding employment contracts between employers and employees. Article 3 In terms of this Law, employer is a natural person or a legal entity providing job to an employee, paying him/her salary for the work performed, and fulfilling other obligations towards the employee in accordance with this Law, Cantonal regulations, collective agreement, Rule Book and employment contract. Article 4 In terms of this Law, employee is an employed natural person who personally performs specific jobs for the employer, and on this basis exercises the rights and obligations in accordance with this Law, regulations of the Canton, collective agreement, Rule Book and employment contract. Article 5 A person seeking employment, as well as a person who becomes employed, shall not be discriminated against based on race, color, sex, language, religion, political or other opinion, ethnic or social background, financial situation, birth or any other circumstance, membership or non-membership in a political party, membership or non-membership in a trade union, and physical or mental impairment. Article 6 An employee shall be entitled to health care and other rights in case of disease, decrease or loss of working ability and old age, as well as to other forms of social security, in accordance with the law. Article 7 A woman employee shall also be entitled to special protection during pregnancy, birth-giving, and maternity. An employee older than 15 and younger than 18 of age (hereinafter: a minor) shall enjoy special protection. Article 8 By registering with the employment service, an employee whose employment is terminated shall exercise the right to health care in case of disease or disability, the right to material security and other rights during unemployment, in accordance with the law. Article 9 Employees shall be entitled, at their own discretion, to organize a trade union, and become members of it, in accordance with the statute or the rules of that trade union. Employers shall be entitled, at their own discretion, to form employers’ associations, to become members of it, in accordance with the statute or the rules of that association. Trade unions and employers’ organizations may be founded without any prior approval. Article 10 Employees and employers shall freely decide on their joining or leaving the trade union or the employers’ association. An employee or an employer may not be discriminated against based on his membership or non-membership in the trade union or in the employers’ organization. Article 11 Activity of trade unions or employers’ associations may not be prohibited either permanently or temporarily. Article 12 Issues deriving from labor relations shall also be regulated in the regulations of the Canton, in accordance with this Law. Article 13 All issues related to an employment contract not addressed by this Law or any other law, shall be subject to application of the general regulations of the obligations law. II - CONCLUSION OF EMPLOYMENT CONTRACTS Article 14 Employment contracts shall be concluded in writing. If an employer does not conclude an employment contract with an employee in writing, or fails to deliver to the employee a written certificate on the concluded contract within 15 days from the start of employment, it shall be considered that the employer has concluded with the employee an employment contract for an unspecified period of time. An employer may within one year prove that he/she did not concluded an employment contract with an employee, or that in terms of Paragraph 2 of this Article, the employee has never been employed by the employer. The certificate referred to in Paragraph 2 of this Article must include the basic provisions from the employment contract, in particular those on the parties, start of employment and the salary. Article 15 An employment contract may be concluded by a person who turned 15, with the general health ability, verified by the competent health institution. A minor may not conclude an employment contract for performance of jobs which may endanger his health, morals or development. A disabled person qualified to perform certain jobs shall be considered to have the health ability to perform those jobs. Article 16 If the law, collective agreement or Rule Book provide for special requirements for establishment of employment, an employment contract may only be concluded by a person meeting those requirements. Article 17 Foreign nationals may conclude an employment contract under the terms determined in the law. 1. Probationary Employment Article 18 Probationary employment period may be agreed upon in conclusion of the employment contract. The probationary employment period referred to in Paragraph 1 of this Article may not exceed three months. If a probationary period has been agreed upon, the dismissal notice period shall be at least seven days. 2. Employment Contract for Unspecified and Specified Periods of Time Article 19 An employment contract shall be concluded for an unspecified period, unless otherwise stipulated in this Law. Article 20 An employment contract may be concluded for a specified period in the following cases: seasonal jobs, replacement of a temporarily absent employee, engagement on a specific project, temporary expansion in the volume of jobs, and other cases as determined by the collective agreement. An employment contract concluded for a specified period shall cease with the expiry of the period determined in the contract for each respective case from Paragraph 1 of this Article. 3. Content of the Concluded Employment Contract Article 21 An employment contract shall in particular contain the following information: name and seat of the employer, name, surname, residence or domicile of the employee, duration of the employment contract, day of start of employment, location of employment, working position an employee is employed for and a brief job description, length and schedule of work hours, salaries, additions to salaries, benefits, and periods of payment, duration of annual leave, dismissal notice period to be complied with by both the employee and the employer, other information related to the terms of employment as determined in the collective agreement. Instead of the information referred to in Paragraph 1 Items 7 to 11 of this Article, there may be an indication of the relevant law, collective agreement or Rule Book regulating those issues. Article 22 If an employee is sent to work abroad, a written employment contract shall be concluded before the departure of the employee abroad. The contract from Paragraph 1 of this Article, in addition to the information from Article 21 of this Law, shall also contain the following information: duration of employment abroad, the currency of payment of salary and other receipts in cash and kind to which the employee is entitled during working abroad, terms of return to the country. 4. Information which cannot be requested Article 23 In concluding employment contracts, an employer may not request the employee to provide information which is not directly related to the nature of the work activity performed by the employee. Article 24 Personal data of an employee may not be gathered, processed, used or supplied to third persons, unless if this is determined by the law or if this is necessary to exercise the rights and obligations deriving from employment. III - EDUCATION, TRAINING AND IN-SERVICE TRAINING Article 25 An employer may, in accordance with the needs of employment, provide education, training and in-service training. An employee shall be required, in accordance with his abilities and the needs of employment, to get education, training, and in-service training. n changes or introduction of new methods or organization of work, the employer shall be required to provide to the employee education, training and in-service training. The terms and method of education, training, and in-service training from Paragraphs 1 and 2 of this Article shall be regulated in a collective agreement or rule book. 1. Hiring Trainees Article 26 An employer may conclude an employment contract with a trainee. A trainee shall be any person employed for the first time in the profession he/she has been educated for, for the purpose of professional training for independent work. The employment contract with a trainee shall be concluded for a specified period, not exceeding one year, unless the law, the regulations of the Canton, or the employment contract specifies otherwise. Article 27 After a completed training period, the trainee shall take the professional exam, in accordance with the law, the regulations of the Canton or the Rule Book. 2. Voluntary Work Article 28 If the professional exam or the work experience stipulated in the law or in the Rule Book is the requirement to perform the jobs in a certain profession, the employer may hire a person who has completed education for such a profession for training for independent work without employment (volunteer work). The period of volunteer work from Paragraph 1 of this Article shall be counted into the training period and into the work experience as a requirement for work in specific jobs. The volunteer work from Paragraph 1 of this Article may last not longer than one year, unless the law stipulates otherwise. The volunteer work contract shall be concluded in writing. The method and duration of volunteer work and the taking of the professional exam shall be regulated in the law, collective agreement or Rule Book. In the course of performing volunteer work, the person shall be provided breaks during work under the same terms like the employees, and the rights to insurance for the case of injury at work or professional disease, in accordance with the regulations on pension and disability insurance. IV - WORKING HOURS Article 29 Full working hours of an employee shall not exceed 40 hours weekly. Article 30 An employment contract may also be concluded for part-time work. An employee who has concluded employment contract for part-time work may conclude a number of such contracts in order to complete his working hours in that manner. A part-time employee shall exercise all the rights deriving from employment like a full-time employee, except for the rights depending on the duration of working hours (salary, allowances, etc.), in accordance with the collective agreement, Rule Book, or employment contract. Article 31 In jobs where, irrespective of the work protection measures, it is not possible to protect employees from harmful effects, the working hours shall be reduced in proportion to the harmful effect of the work conditions on health and working ability of the employees. The jobs from Paragraph 1 of this Article and the duration of the working hours shall be determined in the Rule Book and employment contract, in accordance with the law. In exercising the rights to salary and other rights deriving from employment and in relation to employment, reduced working hours in terms of Paragraphs 1 and 2 of this Article shall be equaled with full-time working hours. Article 32 In case of force major (fire, earthquake, flood) or an extraordinary increase of the workload, as well as in other similar cases of emergency need, an employee, at the request of the employer, shall be required to work longer hours than his/her full working hours (overtime work), not more than 10 hours weekly. If the overtime work of an employee exceeds three weeks in continuity or exceeds 10 weeks during one calendar year, the employer shall inform of the overtime work the authority in charge of labor inspection of the Canton (hereinafter referred to as the Labor Inspection of the Canton). No overtime work shall be allowed for minor employees. A pregnant woman, mother or an adoptive parent with a child of up to three years of age, or a self-sustaining parent or adoptive parent with a child of up to six years of age, may work overtime if he/she provides a written statement of voluntary consent to such work. The Labor Inspection of the Canton shall prohibit overtime work introduced contrary to Paragraphs 1, 2, 3, and 4 of this Article. Article 33 If the nature of the job so requires, full working hours may be re-distributed so that during one period they last shorter, and in another period longer than the full working hours, provided that the average working hours may not exceed 52 hours weekly, and for seasonal jobs they may not exceed 60 hours weekly. If a re-distribution of the working hours has been introduced, average working hours during one calendar year or another period determined in a collective agreement may not exceed 42 hours weekly. If a re-distribution of working hours has been introduced, such working hours shall not be considered overtime work. Article 34 Work in the period between 22 hours in the evening and 6 hours in the morning of the following day, and in agriculture between 22 hours in the evening and 5 hours in the morning, shall be considered night work, unless for a specific case the law, the regulations of the Canton, or a collective agreement stipulates otherwise. If work is organized in shifts, shift schedule shall be made so that an employee shall work nights in succession over a period not exceeding one week. Article 35 Night work of women in industry shall be prohibited. The prohibition from Paragraph 1 of this Article does not apply to women performing managing and technical jobs and women employed in a health or social care service, as well as to the employers employing their family members only. A woman employee may be ordered to work nights in industry in case of protection of interests of the Federation of Bosnia and Herzegovina (hereinafter referred to as the Federation), if the approval of the Federation Minister in charge of labor has been obtained (hereinafter referred to as the Federation Minister), upon prior consultation with the trade union, the employer or a number of employers, that is, the employer’s association. A woman may be ordered to work nights even without a prior approval, if such work is necessary because of force major or to prevent spoilage of raw materials. The night work from Paragraph 4 of this Article shall be reported to the competent authority of the Canton and the Labor Inspection of the Canton within 24 hours from the introduction of such work. If the Labor Inspection of the Canton deems that the night work from Paragraph 4 of this Article is not necessary, that is, that there is no force major or risk of raw material spoilage, it shall prohibit the night work. Article 36 Night work of minor employees shall be prohibited. For minor employees in industry, work in the period between 19 hours in the evening and 7 hours in the morning of the following day shall be considered night work. For minor employees not employed in industry, work in the period between 20 hours in the evening and 6 hours in the morning of the following day shall be considered night work. Exceptionally, minor employees may temporarily be exempted from the prohibition of night work in case of major breakdowns, force major and protection of interests of the Federation, on the basis of the approval of the competent authority of the Canton. V - BREAKS, ANNUAL LEAVE AND LEAVE 1. Breaks and Annual Leave Article 37 A full-time employee shall be entitled to a break during daily work in the duration of at least 30 minutes. Exceptionally, an employer shall be required to allow an employee, at his/her request, to take the break referred to in Paragraph 1 of this Article in the duration of one hour for one day during the work week. The break time from Paragraphs 1 and 2 of this Article shall not be counted in working hours. The method and time of using the break from Paragraph 1 of this Article shall be regulated by the collective agreement, Rule Book and employment contract. Article 38 An employee shall be entitled to a daily break between two successive work days in the duration of at least 12 hours without interruption. Exceptionally, during work in seasonal jobs, an employee shall be entitled to the break from Paragraph 1 of this Article in the duration of at least 10 hours without interruption, and for minor employees in the duration of at least 12 hours without interruption. Article 39 An employee shall be entitled to a weekly break in the duration of at least 24 hours without interruption, and if it is necessary that he/she works on the day of his weekly break, he/she shall be provided one day in the period determined based on the agreement between the employer and the employee. Article 40 An employee shall not be denied the right to break during work, daily break, and weekly break. Article 41 For each calendar year, an employee shall be entitled to paid annual leave in the duration of at least 18 working days. An underage employee shall be entitled to annual leave in the duration of at least 24 working days. An employee working in jobs in which, irrespective of the labor protection measures, it is not possible to protect him/her from harmful effects, shall be entitled to annual leave in the duration of at least 30 working days. The jobs and the duration of the leave from Paragraph 3 of this Article shall be regulated in the law, the regulations of the Canton, collective agreement or Rule Book. Article 42 An employee employed for the first time or with an intermission of work between two employments exceeding eight days shall be entitled to annual leave after six months of continuous work. If an employee has not acquired the right to annual leave in terms of Paragraph 1 of this Article, he/she shall be entitled to use at least one day of annual leave for each completed month of work, in accordance with the collective agreement, Rule Book and employment contract. Leave from work due to temporary incapacity for work, maternity, military service or other leave not conditioned by the will of the employee shall not be considered an intermission of work from Paragraph 1 of this Article. Article 43 The duration of annual leave exceeding the shortest leave as prescribed in this or other Law shall be regulated in a collective agreement, the Rule Book or employment contract. The duration of annual leave shall not include the period of temporary incapacity for work, the time of non-working holidays, nor other leave from work recognized and calculated into the employee’s insurance record. If the work is organized in less than six working days in a week, in determining the duration of the annual leave, it shall be assumed that working hours are distributed into six working days, unless otherwise regulated in a collective agreement, the Rule Book or employment contract. Article 44 Annual leave may be used in two parts. If an employee is using annual leave in parts, the first part shall be used without interruption in the duration of at least 12 working days in the course of a calendar year, and the second part shall be used no later than June 30th of the next year. An employee is entitled to use one day of annual leave when he/she so wishes, with the obligation to inform the employer to this effect at least three days before its use. Article 45 An employee may not waive his/her right to use annual leave. An employee may not be denied the right to use annual leave, nor may he/she be paid compensation in lieu use of annual leave. 2. Leave from Work Article 46 An employee shall be entitled to paid absence from work of up to seven working days in one calendar year – paid leave in case of: marriage, wife’s birth-giving, serious disease or death of a close family or household member. The family members, in terms of Paragraph 1 of this Article, shall include: spouses or extramarital partners; a child (from marriage, extramarital, adopted child, stepchild, or parentless child taken for support), father, mother, adoptive father, adoptive mother, foster parent, grandfather and grandmother (by father and mother), brothers and sisters. An employee shall also be entitled to paid absence in other cases and over periods determined in the regulations of the Canton, collective agreement, or Rule Book. Article 47 An employer may, at the request of the employee, approve for the employee use of unpaid absence from work. Exceptionally, an employer shall be required to allow to an employee a leave of up to four working days within one calendar year for religious or traditional purposes, provided that a two-day leave is used with compensation of salary - paid leave. During the absence from Paragraph 1 of this Article, the rights and obligations of the employees acquired through employment and deriving from employment shall be suspended. VI - PROTECTION OF EMPLOYEES Article 48 Employers shall be required to allow an employee a opportunity to familiarize himself with the labor regulations and work protection regulations within 30 days from the day of the employee’s start of employment. Employers shall be required to equip an employee for work in the manner securing protection of life and health of the employee and preventing accident occurrence. Article 49 Employers shall be required to provide the necessary work protection conditions to ensure protection of life and health of employees, in accordance with the law. Article 50 An employee shall be entitled to refuse to work if his/her life or health is immediately threatened due to the fact that the prescribed work protection measures have not been enforced, and shall be required to report this immediately to the Labor Inspection of the Canton. 1. Protection of Minors Article 51 A minor may not work on particularly hard manual works, works underground or under water, nor in other jobs which might have a harmful effect or increased risk to his/her life or health, development or morals, given his/her psycho-physical qualities. The Federation Ministry shall issue a separate regulation to identify the jobs from Paragraph 1 of this Article. The Labor Inspector of the Canton shall prohibit work of minors in the jobs in terms of Paragraph 1 of this Article. 2. Protection of Women and Maternity Article 52 A woman may not be ordered nor assigned to work on particularly hard manual works, works underground or under water, nor in other jobs which threaten her life or health, given her psycho-physical qualities. Exceptionally, the prohibition of work from Paragraph 1 of this Article shall not apply to women performing management or health and social protection jobs; students; trainees or volunteers who in education or training must spend part of the time in underground parts of mines, and to women who periodically must enter underground parts of mines to perform non-manual works. Article 53 An employer may not refuse to employ a woman because of her pregnancy, or cancel her employment contract because of her condition, or assign her to other jobs, except in cases from Article 55 Paragraph 1 of this Law. Article 54 During pregnancy or breast-feeding of a child, a woman may be assigned to other jobs if this is in the interest of her health condition as established by the certified doctor. If an employer is not able to ensure assignment of a woman in accordance with Paragraph 1 of this Article, the woman shall be entitled to paid absence from work, in accordance with the collective agreement and Rule Book. The temporary assignment from Paragraph 1 of this Article may not result in reduction of the woman’s salary. The employer may transfer the woman from Paragraph 1 of this Article to another place of work only with her written consent. Article 55 During pregnancy, birth-giving and child-care, a woman shall be entitled to maternity leave in the duration of one year without interruption, and for twins, third or any next child, the woman shall be entitled to maternity leave in the duration of 18 months without interruption. Based on the findings of the certified medical doctor, a woman may start maternity leave 45 days before birth-giving, and mandatorily 28 days before birth-giving. If without her fault, and based on the findings of the certified medical doctor, a woman fails to use the maternity leave 28 days before birth giving, she shall be entitled to use those days after the birth-giving. Exceptionally, a woman, upon her written request, may use shorter maternity leave, but no shorter than 42 days after the birth-giving. Article 56 The father of the child, or the adoptive parent, may use the right from Article 55, Paragraphs 1 and 3 of this Law in case of the death of the mother, if the mother abandons the baby or if for justified reasons she is prevented from using this right. Article 57 Upon expiry of maternity leave, a woman with a child up to at least one year of age shall be entitled to work half working hours, and for twins, third and each following child she shall be entitled to work half working hours up to two years of age of the child, unless the regulations of the Canton provides for a longer duration of this right. The right from Paragraph 1 of this Article may also be used by an employee - father of the child, if the woman works full working hours in that period. Article 58 When the child turns one year of age, one of the parents shall be entitled to work half working hours until three years of age of the child, if the child, according to the findings of the certified health institution, requires intensified care. The right from Paragraph 1 of this Article shall also be used by the adoptive parent or the person taking care of a child, in case of death of both parents, if the parents abandon the child or if they are not able to take care of the child. Article 59 A woman working full working hours after using her maternity leave shall be entitled to be absent from work twice daily in the duration of one hour each time for the purpose of breast-feeding of the child, on the basis of the findings of the certified medical doctor. The woman may use the right from Paragraph 1 of this Article up to one year of age of the child. The absence time from Paragraph 1 of this Article shall be counted into the full working hours. Article 60 If a woman gives birth to still-born child or if the child dies before the expiry of the maternity leave, she shall be entitled to extend maternity leave by such time as, according to the findings of the certified medical doctor, is necessary to rehabilitate from the birth-giving and the psychological condition caused by the loss of the child, and no less than 45 days from the birth-giving or the death of the child, during which time she shall be entitled to all the rights deriving from maternity leave. Article 61 One of the parents may absent from work up until the completed three years of age of the baby, if this is stipulated in the collective agreement or the Rule Book. During absence from work in terms of paragraph 1 of this article, the rights and obligations deriving from employment shall be at rest. Article 62 During use of maternity leave, as well as absence from Article 59 of this law, the employee shall be entitled to payment of salary in accordance with the law. During working half work hours from Articles 57 and 58 of this law, for the half full work hours he is not working, he shall be entitled to payment of salary in accordance with the law. Article 63 One of the parents of a child with serious retardation in development (of a seriously handicapped child) shall be entitled to work half full work hours, in case this is a self-sustaining parent or that both parents are employed, provided that the child is not accommodated in a social welfare/health care institution, based on the findings of the competent health care institution. The parent using the right from paragraph 1 of this article shall be entitled to receive salary in accordance with the law. The parent using the right from paragraph 1 of this article may not be ordered to work nights, to work overtime, nor may be his place of work changed, unless he has provided his written consent to this effect. 3. Protection of a permanently or temporarily incapacitated employee Article 64 An employer may not cancel employment contract to an employee who has suffered injury at work or has developed a professional disease, during the period of his temporary incapacity for work. Exceptionally, in cases and over the period from paragraph 1 of this article, the employer may not cancel an employment contract to an employee concluded for a defined period in accordance with this law. Article 65 Injury at work, disease or professional disease may not have any harmful effect on the exercise of the rights for the employee deriving from employment. An employee who has temporarily been incapacitated for work due to injury or injury at work, disease, or professional disease, after treatment and rehabilitation established by the competent health care institution or the certified medical doctor as being able to work, shall be entitled to return to the jobs he worked on before occurrence of the temporary incapacity for work or to other appropriate jobs. An employee is obligated to inform the employer in the temporary incapacity for work within three days from the occurrence of the incapacity. Article 66 If the competent institution establishes reduced working capacity or immediate risk of occurrence of disability with the employee, the employer is obligated to supply him a written offer for other jobs for which the employee is capacitated. The employee suffering from injury at work or from a professional disease shall have advantage in expert training, qualification or specialization organized by the employer. Article 67 Only with the previous consent of the works council, the employer may cancel employment contract to an employee with a reduced working ability or immediate risk of occurrence of disability. VIII- SALARIES AND SALARY COMPENSATION Salaries Article 68 Employees’ salaries shall be determined in collective agreement, the Rule Book or employment contract. Article 69 Collective agreement and the Rule Book shall regulate the lowest salary and the terms and methods of its harmonization. The employer bound by the collective agreement or the Rule Book may not calculate and pay the employee a salary lower than the salary determined in the collective agreement, the Rule Book or employment contract. Article 70 Collective agreement, the Rule Book or employment contract shall determine the periods of salary payments which may not exceed 30 days. In payment of salary, the employer is obligated to supply the employee with a written calculation of the salary. Individual payments of salary shall not be public. Article 71 An employee shall be entitled to increased salary for difficult work conditions, overtime work or night work, and for work on Sundays or holidays or any other day which is in the law determines to be a non-working day, in accordance with the collective agreement, the Rule Book, or employment contract. Salary compensation Article 72 An employee shall be entitled to salary compensation for the period he/she does not work due to justified cases stipulated in the law, the rule of the canton, collective agreement or the Rule Book (annual leave, temporary incapacity to work, maternity leave, paid leave or the like). The period from paragraph 1 of this article for which the compensation is paid at the expense of the employer, shall be determined in the law, the rule of the canton, the collective agreement, the Rule Book, or employment contract. An employee shall be entitled to compensation for salary, during the interruption of work which has been caused by circumstances for which the employee is not to blame (force major, temporary stoppages in the production and the like) in accordance with the collective agreement, the Rule Book and employment contract. An employee refusing to work because no prescribed labor protection measures have been enforced, shall be entitled to compensation of salary in the amount as though he has worked, during the time until the prescribed labor protection measures are enforced, unless he is assigned to other appropriate jobs during this period. Protection of salary and salary compensation Article 73 An employer may not, without the consent of the employee, collect his claim against him by denying payments of salary or a part of it, that is, by denying payments of salary compensations or salary compensation parts. Article 74 Up to the half of salary or salary compensation of an employee may be forcibly arrested for the purpose of fulfilling the obligation of legal support, and for other obligations no more than one third of the employee salary may be forcibly arrested. VIII- INVENTIONS AND TECHNICAL IMPROVEMENTSBY AN EMPLOYEE Article 75 An employee is obligated to inform the employer on the invention or the technical improvement he has created at work or in relation to work. Inventions or technical improvements in terms of paragraph 1 of this article are inventions or technical improvements as determined by law. The employee is obligated to keep the information on the invention or technical improvement as a business secret he may not communicate to a third party without the approval of the employer. The employer shall have priority in purchasing the invention or technical improvement under paragraph 1 of this article, provided that s/he accepted the employee’s offer within 30 days from the date of notification under paragraph 1 of this article. Article 76 The employee is obligated to inform the employer on his invention not created at work or in relation to work, if the invention is in relation to the activity of the employer, and to supply him a written offer to cede him the rights in relation to this invention. Within one month from the day of information from paragraph 1 of this article, the employer is obligated to state his position to the offer of the employee. The cessation of rights to the invention from paragraph 1 of this article shall suitably be subject to application of the provisions of the obligations law. IX- PROHIBITION OF COMPETITION BETWEEN THE EMPLOYEE AND THE EMPLOYER Article 77 Without the approval of the employer, the employee may not, for his own or other’s account, transact business in the activity performed by the employer. Article 78 The employer and the employee may conclude a contract that the employee, for a certain period after the termination of the employment contract, which may not exceed two years from the day of termination of such contract, may not be employed with another person in market competition with the employer and that he may not, either for his own or for the account of a third party, transact business in which he competes with the employer. The contract from paragraph 1 of this article may be an integral part of the employment contract. Article 79 The contracted ban of competition shall bind the employee only if by the contract the employer has taken over the obligation during the period of ban to pay compensation to the employee at least in the amount of half of the average salary paid to the employee in the period of three months before termination of the employment contract. The compensation from paragraph 1 of this article shall be paid by the employer to the employee in the end of each calendar month. The amount of compensation from paragraph 1 of this article shall be coordinated in the manner and under the terms determined by collective agreement, employment policy, or employment contract. Article 80 he terms and the method of termination of competition ban shall be regulated in the contract between the employer and the employee. X- DAMAGE COMPENSATION Article 81 An employee who at work or in relation to the work deliberately or due to ultimate negligence causes damage to the employer, is obligated to compensate for that damage. If the damage is caused by a number of employees, each employee shall be held liable for the part of the damage he has caused. If it is not possible to establish the part of the damage caused by each respective employee, it shall be assumed that all the employees are equally responsible and they shall compensate the damage in equal parts. If a number of employees have caused damage by perpetrating a deliberate crime, they shall be held jointly and severally liable for the damage. Article 82 If the compensation for the damage may not be established in the exact amount or the establishment of its amount would cause disproportional expenses, the collective agreement or the Rule Book may envisage that the amount of damage compensation shall be determined in a flat rate amount, as well as the method of determining the flat rate amount and the authority to determine this amount and other issues related to such compensation. If the damage caused is much higher than the determined flat rate amount for the damage compensation, the employer may request compensation in the amount of the actually caused damage. Article 83 An employee who, at work or in relation to work, deliberately or due to ultimate negligence causes damage to a third party, and the damage has been compensated by the employer, is obligated to compensate the employer for the amount of compensation paid to the third party. Article 84 A collective agreement or Rule Book shall determine the terms and method of reduction or exemption of the employee from the obligation to pay for the damage. Article 85 If an employee suffers damage at work or in relation to the work, the employer is obligated to compensate the employee for this damage according to the general provisions of the obligations law. XI- TERMINATION OF EMPLOYMENT CONTRACT Methods to terminate the employment contract Article 86 The employment contract shall be terminated by: the death of the employee the agreement between the employer and the employee once the employee completes 65 years of age and 20 years of insurance record, unless the employer and the employee agree otherwise a final decision determining the complete work disability on the date of its delivery dismissal of the employee or by resignation by the employee expiry of the period for which a contract has been concluded for a definite period. the prison sentence of the employee if the employee is convicted to serve a prison punishment longer than three months– on the day when he starts serving his punishment commencement of a security, corrective or protection measure imposed to the employee, in the duration exceeding three months- on the date of beginning of implementation of that measure. the decision of the competent court resulting in the termination of employment Cancellation of the employment contract Article 87 An employer may cancel the employment contract with the prescribed cancellation period, in case of cessation of need to perform the specific job due to economic, technical or organization reasons, from Article 98 of this law, as well as in the case when the employee is not able to perform his her duties deriving from employment due to loss of working ability to perform these duties. Cancellation due to loss of working ability from paragraph 1 of this article is possible only if the employer may not engage the employee on other jobs or may not train or qualify him/her for performing other jobs. Article 88 The employer or the employee may cancel the employment contract, without the obligation to abide by the proper cancellation period, when, due to breach of the obligations deriving from employment or due to failure to meet the obligations from the employment contract the continuation of employment is not possible. Prior to cancellation of the employment contract from paragraph 1 of this article, the employer may supply the employee with a written warning of the obligations deriving from the employment and instruct him of the potential dismissal if he continues with breach of those obligations. Article 89 In case referred to in Article 88, paragraph 1, of this law, employment contract may be canceled within 15 days from the day of learning the fact causing dismissal. The contractual party canceling the employment contract in case referred to in Article 88, paragraph 1, of this law, shall be entitled to compensation by the party at fault for the cancellation for the damage caused by failure to perform the obligations arising from the employment contract. Article 90 If an employer cancels the employment contract caused by behavior or performance of the employee, he shall be obligated to allow the employee to present his defense, unless circumstances exist which make it unjustified to expect from the employer to proceed so. Article 91 If the employee or employer is canceling the employment contract for reasons referred to in Article 88, paragraph 1 of this law, he shall be obligated to prove the existence of a justified cause for dismissal. Article 92 If an employer has an intention to cancel the employment contract, in terms of this law, he shall be obligated to obtain the opinion of the workers council in this matter. If the employer has failed to obtain the opinion of the workers council, canceling of the employment contract shall be null and void. Article 93 It is only with the prior consent of the trade union that an employment may cancel the employment contract to a trade union commissioner during his mandate and six months after having performed his duty. Forms and duration of the notice period Article 94 Cancellation of the employment contract shall be given in writing. The employer is obligated to provide the employee with a written explanation of cancellation. The cancellation shall be delivered to the employee or the employer concerned. Article 95 The cancellation period may not be less than 15 days nor may exceed six months, provided that the specific duration of the cancellation period shall be regulated in the collective agreement or the Rule Book. The cancellation period shall commence on the date of delivery of the notice to the employee or the employer. Article 96 If an employee, upon request of the employer, ceases working before the expiry of the prescribed cancellation period, the employer shall be obligated to pay the compensation of salary to him and to recognize all his other rights as though he has worked until the expiry of the cancellation period. If the court finds that the employer’s cancellation is unlawful, the employer shall return the employee to work, and pay him the compensation of salary in the amount the employee would have received if he had worked. An employee contesting the received dismissal may request that the court imposes a temporary measure on his return to work until the resolution of the court dispute. Notice with an offer of amended contract on employment Article 97 The provisions of this law pertaining to dismissal shall also be applied in the case when the employer cancels the contract, at the same time offering the employee to conclude employment contract under amended terms. If the employee accepts the offer of the employer from paragraph 1 of this article, he shall reserve the right to contest the acceptability of such change of the contract before a competent court. Redundancy Staff Care Program. Article 98 An employer employing over 15 employees, who over a six month period has an intention to cancel employment contracts to at least five employees due to economic, technical or organization reasons, shall be obligated to produce a redundancy staff care program. Article 99 The program under Article 98 shall contain in particular as follows: the reasons which have caused redundancy the number and the category of employees to appear as surplus the possibility of change in the technology and organization of work aiming at accommodating redundancy staff the possibility of reassignment the possibility of finding employment with other employers the possibility of re-training or additional training of employees the possibility of reducing the work hours The employer shall be obligated to present the program referred to in paragraph 1 of this article for consultations with the workers council and shall be obligated to express his views on the opinions and proposals of the workers council. If no workers council has been formed with the employer, the employer shall consult on the program from paragraph 1 of this article with the trade union and shall be obligated to express his views on the opinions and proposals of the trade union. If the program from paragraph 1 of this article does not allow for provision of employment for employees, their employment contract may be canceled. In case of cancellation from paragraph 4 for this article, within a two years period, the employer may not employ another person with identical qualifications or identical degree of training except the persons referred to in paragraph 4 of this article, provided that this person is unemployed. Severance pay Article 100 An employee concluding an employment contract with the employer for an undefined period of time, receiving cancellation of the employment contract from the employer after at least two years of uninterrupted work, unless the contract is being canceled due to default of the obligations arising from employment or due to failure to fulfill the obligations arising from the employment contract on the part of the employee, shall be entitled to receive severance pay to be determined depending on the duration of the prior uninterrupted employment with that particular employer. The severance pay under paragraph 1 of this article shall be determined by the collective agreement and the Rule Book, whereby the severance pay may not be less than the one-third of the average monthly salary of the employee as paid in the last three months before the termination of employment contract for each full year of the employment with that particular employer. Exceptionally, the employer and the employee may agree on a different form of compensation instead of severance pay under paragraph 2 of this article. The method, conditions and deadlines for payment of the severance pay under paragraph 2 and 3 of this article shall be determined by written agreement between the employee and the employer. XII - EMPLOYMENT-RELATED RIGHTS AND OBLIGATIONS Establishment of employment-related rights and obligations Article 101 The rights and obligations of employees, in accordance with this law, the collective agreement and other rules, shall be determined by the employer or another authorized person as appointed by the statute or the articles of incorporation. If the employer is a natural person, he may issue a written power or attorney to authorize another person of age able to transact business to represent him in exercising of rights and obligations arising from employment or related to employment. Article 102 In exercising individual rights arising from employment, an employee may request exercise of such rights from the employer before the competent court or other authorities, in accordance with this law. Protection of employment-related rights Article 103 An employee believing that his employer has violated a right of his arising from employment may request the exercise of such right from the employer within 15 days from the day of delivery of the decision violating his right, or from the day of learning of the violation of his right. If the employer within 15 days from the day of submission of request by the employee referred to in paragraph 1 of this article fails to fulfill this request, the employee may claim within the following 15 days that his violated right be protected before the competent court. In accordance with the law, the collective agreement or the Rule Book may stipulate the procedure of peaceful resolution of a labor dispute, in which case the 15-day period for submission of the appeal to the court shall begin to run from the day of termination of this procedure. The failure on the part of the employee to claim compensation for damage or other financial claims arising from employment within the periods referred to in paragraphs 1 through 3 of this article shall result in loss of right to such claim. Article 104 The disputed parties may agree to refer the labour dispute to arbitration. The collective agreement or mutual agreement shall regulate the composition, the procedures, and other issues relevant to the work of the arbitration. Article 105 In case of change of the employer or his legal position (for instance by inheritance, sale, merger, joining, separation, change of the company’s form or other), the employment contracts shall be transferred to a new employer, in accordance with the collective agreement. Article 106 An absolute expiry of statute of limitations on claims arising from employment shall occur within three years from the arising of the claim, unless the law provides otherwise. XIII- RULE BOOK Article 107 An employer employing over 15 employees shall pass and publish the Rule Book regulating the salaries, the work organization and other issues relevant for the employees and the employer, in accordance with the law and the collective agreement. The employer shall mandatory consult with the workers council or the trade union in regard to passing the Rule Book. The Rule Book, referred to in paragraph 1 of this article shall be posted on the billboard of the employer and shall come in effect on the eight day from the day of publication. The workers council or the trade union commissioner may request from the competent court to annul an unlawful Rule Book or some of its particular provisions. XIV- PARTICIPATION OF EMPLOYEES IN DECISION-MAKING- WORKERS COUNCIL Article 108 With an employer regularly employing at least 15 employees, the employees shall be entitled to form the workers council to represent them with the employer in protection of their rights and interests. If no workers council has been formed with the employer, the trade union shall have the obligations and the powers related to the powers of the workers council, in accordance with the law. Article 109 A workers council shall be formed at the request of at least 20% of the employees or the trade union. Article 110 The method and the procedure for establishing the workers council as well as other issues related to the work and functioning of the workers council shall be regulated by the law. XV- COLLECTIVE AGREEMENTS Article 111 A collective agreement may be concluded for the territory of the Federation, for the territory of one or more than one cantons, for a certain activity, for one or more than one employers. Article 112 In concluding the collective agreement, the party of employees may be represented by one or more than one trade unions, and the party of the employer may be represented by the employer, more than one employer, or an association of employers. If negotiating and concluding the collective agreement involves more than one trade unions or more than one employers, the conclusion of the collective agreement may be negotiated by only those trade unions or employers who have the power of attorney from each individual trade union or employment, in accordance with their statutes. Prior to the establishment of the association of employers, the Government of the Federation of Bosnia and Herzegovina (hereinafter: the Federation Government) or the cantonal Government may represent the employer in concluding the collective agreement under article 111 of this law. Article 113 A collective agreement may be concluded for a definite or indefinite period of time. A collective agreement shall be concluded in writing. Unless the collective agreement stipulates otherwise, after the expiry of the period for which it has been concluded, the collective agreement shall be applicable until the conclusion of a new collective agreement. Article 114 Collective agreements shall regulate the rights and obligations of the parties having concluded it, and the rights and obligations arising from employment or related to employment, in accordance with the law and other regulations. Collective agreements shall also regulate the rules of procedures of collective negotiations, the composition and the method of proceeding of bodies authorized for peaceful resolution of collective labor disputes. Article 115 A collective agreement shall be mandatory for the parties having concluded it, as well as for the parties joining subsequently. Article 116 If interest of the Federation exists, the federal minister may expand the application of the collective agreement to include other legal entities as established necessary, not having taken part in its conclusion or not having joined it subsequently. Before passing the decision to expand the relevance of the collective agreement, the federal minister shall be obligated to request the opinion from the trade union, the employer or more than one employers or the association of employers, to be included under the collective agreement. The decision expanding the relevance of the collective agreement may be revoked in the manner determined for its passing. The decision expanding the relevance of the collective agreement shall be published in the Official Gazette of the Federation of BH. Article 117 Provisions of this Law referring to the passing of collective agreements shall also apply to the amendments of collective agreements. Article 118 The concluded collective agreements and their amendments, for the territory of the Federation or the areas of two or more cantons, shall be submitted to the federal ministry in charge of labor (hereinafter referred to as the federal ministry), and all other collective agreements shall be submitted to the competent cantonal authority. The procedure of submission of collective agreements referred to in paragraph 1 of this article to the federal ministry or the competent cantonal authority shall be regulated by the federal minister or the competent cantonal minister in a book of rules. Article 119 The collective agreement concluded for the territory of the Federation shall be published in the Official Gazette of the Federation of BH, and for the areas of one or more cantons in the official gazette of the canton. Article 120 A collective agreement may be canceled in the manner and under terms envisaged in that collective agreement. The cancellation of the collective agreement shall be mandatorily delivered to the contractual parties. Article 121 The parties of the collective agreement may petition protection of the rights arising from the collective agreement before the competent court. XVI - Peaceful Resolution of Collective Labor Disputes Reconciliation Article 122 In case of dispute on the conclusion, application, amendment or cancellation of the collective agreement, or any similar dispute related to a collective agreement (a collective labor dispute), if the parties have not agreed upon a manner for a peaceful resolution of the dispute, the reconciliation procedure shall be conducted in accordance with this law. The reconciliation referred to in paragraph 1 of this article shall be conducted by the reconciliation council. Article 123 The reconciliation council may be formed for the territory of the Federation, of for the territory of the canton. The reconciliation council for the territory of the Federation shall be formed of three members as follows: the representatives of the employer, of the trade union, and a representative elected by the parties in dispute from the list determined by the federal minister, and it shall be established for a two-year period. The reconciliation council referred to in paragraph 2 of this article shall pass the rules of procedures before that council. The administrative jobs for the reconciliation council established for the territory of the Federation shall be performed by the Federal ministry. The costs for the reconciliation council member from the list determined by the federal minister shall be paid by the federal ministry. Article 124 The establishing of the reconciliation council for the territory of the canton, its composition, its method of work, and other issues pertaining to the work of the reconciliation council shall be regulated by a cantonal act. Article 125 The parties in the dispute may accept or reject the proposal of the reconciliation council, and if they accept it, the proposal has a legal force and effect of a collective agreement. The parties in dispute shall inform the federal ministry or the competent cantonal authority on the results and consequences of the reconciliation within three days from the day of completion of reconciliation process, in accordance with the cantonal act. Arbitration Article126 The parties in dispute may agree to entrust the resolution of the collective labor dispute to arbitration. The appointment of arbiters and of the arbitrary council and other issues related to the arbitration procedure shall be regulated in a collective agreement or by consent of the parties. Article127 The arbitration shall base its decision on the law, other regulations, collective agreement and on fairness. An arbitration decision shall be explained, unless the parties in dispute decide otherwise. No appeal shall be allowed against the arbitration decision. The arbitration decision shall have legal force and the effect of a collective agreement. XVII- Strike Article 128 The trade union shall be entitled to call upon a strike and conduct it with the purpose of protecting and promoting economic and social rights and interest of its members. The strike may be organized only in accordance with the Law on Strike, the rules on strike of the trade union, and the collective agreement. The strike may not begin prior to completion of the reconciliation procedure stipulated in this law, that is, prior to conduction of other procedure for peaceful resolution of the dispute which the parties have agreed upon. Article 129 An employee may not be discriminated against because of organizing or participating in a strike, in terms of Article 128, paragraph 2 of this law. An employee may in no manner be forced to participate in a strike. If an employee proceeds contrary to Article 128, paragraph 2, of this law or if during a strike he deliberately causes damage to the employer, he may be dismissed, in accordance with the law. XVIII-Economic-Social Council Article 130 The Economic-Social Council may be established with the view to promoting and harmonizing the economic and social policy, or the interests of employees and employers, and to stimulating the conclusion and application of collective agreements and their harmonization with the measures of economic and social policy. The Economic-Social Council may be established for the territory of the Federation or for the territory of a canton. The Economic-Social Council shall be based on a trilateral cooperation of the Federation Government, or, the cantonal government, the trade union and the employer. The Economic-Social Council referred to in paragraph 2 of this article shall be established by agreement of the interested parties regulating the composition, the competencies and other issues of relevance for the work of this council. The Economic-Social Council referred to in paragraph 2 of this article shall pass the rules of procedure, to regulate the manner of passing decisions within its scope of work. XIX-Supervising the Application of Labor Regulations Article 131 A federal or a cantonal labor inspector shall supervise the application of this law and the regulations passed on the basis of this law. In cases involving a company or an institution of interest for the Federation, the federal labor inspector shall perform the supervision referred to in paragraph 1 of this Article, in accordance with the law. Article 132 In the implementation of supervision, the labor inspector shall have powers as determined by the law and regulations passed on the basis of this law. The employee, the trade union, the workers’ council and the employer may request the labor inspector to conduct the inspection supervision. XX - Special Provisions 1. Work Record Card Article 133 An employee shall have a work record card. The work record card shall be a public document. The work record card shall be issued by a municipal administrative body responsible for labor issues. The federal minister shall issue the regulation of the work record card to regulate as follows: the content, the issuance procedure, the method of data entry, the procedure of replacement and issuance of new work record cards, the method of keeping the registry book of issued work record cards, the format and method of production, as well as other issues envisaged by the work record card regulations. Article 134 On the first day of his/her employment, the employee shall submit his work record card to the employer. The employer shall supply the employee a written receipt to that effect. On the day of termination of employment contract, the employer shall return the work record card to the employee, and the employee shall return to the employer the receipt referred to in paragraph 1 of this article. The return of the work record card referred to in paragraph 2 of this article may not be conditioned by potential claims of the employer toward the employee. Article 135 In addition to the work record card from Article 134, paragraph 2 of this law, the employer shall also return to the employee all other documents and at his request he shall issue a letter confirming the jobs he worked on and the duration of employment. The letter of confirmation from paragraph 1 of this article may not contain the data which would make the conclusion of a new employment contract more difficult for the employee. 2.Temporary and Periodical Jobs Article 136 For the purpose of completion of temporary or periodical jobs, a contract may be concluded for performing temporary or periodical jobs under the following terms: that the temporary or periodical jobs are determined in the collective agreement or rule book; that the temporary or periodical jobs are not the jobs for which employment contracts are concluded for indefinite or definite period of time, either full-time or part-time, and that their duration does not exceed 60 days within one calendar year. A person performing temporary or periodical jobs shall be provided with breaks and leave during work under the same terms as for the full-time employees, as well as other rights in accordance with the pension and disability insurance regulations. Article 137 A written contract shall be concluded for the purpose of performing the jobs referred to in Article 136 of this law. The contract referred to in paragraph 1 of this article shall contain as follows: the type, the manner, the time frame for completing the jobs and the amount of compensation/fee for the jobs completed. Influence of Military Service on Employment Article 138 During military service or reserve military service (hereinafter referred to as the military service) the rights and obligations of the employee arising from employment shall be at rest. An employee wishing to continue employment with the same employer after the completion of the military service shall notify him to that effect within 30 days from the date of termination of the military service, and the employer shall be obligated to take on the employee within 30 days from the date of the notification by the employee. The employer shall be obligated to assign the employee having notified the employer in terms of paragraph 2 of this article to the jobs he performed before starting the military service or to other suitable jobs, unless the need has ceased for performance of those jobs due to economic, technical, or organization reasons in terms of Article 98 of this law. If the employer is not able to take on the employee, due to the cessation of need to perform jobs in terms of paragraph 3 of this article, the employer shall be obligated to pay his severance pay as determined in Article 100 of this law, whereby the average salary shall be brought to the level of the salary to be received by the employee if he were working. If employment terminates for an employee in terms of paragraph 3 of this article, the employer shall not be allowed to employ another person with the same qualification or the same educational background within one year, except the persons from paragraph 1 of this article. The rights determined in this law in relation to the military service shall also apply to the persons in the service of the reserve police forces. 4. The Rights of Deputies and Officials Article 139 At the request of an employee elected or appointed to a public office in the authorities of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina or cantonal, city or municipal authorities, or an employee elected to a professional function in the trade union, his rights and obligations arising from employment shall be at rest for a period not exceeding four years from the date of his/her election or appointment. The provisions of article 138, paragraphs 2 through 5 of this law shall accordingly apply to the employee referred to in paragraph 1 of this article. XXI-Penalties Article 140 An employer -legal entity shall be fined for an offense with 1,000 KM to 10,000 KM, if: He fails to conclude the employment contract with the employee (Article 2), he discriminates against a person seeking employment or an employed person (Article 5), he fails to provide an employee with a written certificate in accordance with Article 14 of this law, he concludes employment contract for a definite period of time, contrary to Article 20 of this law, he concludes employment contract no containing the data as prescribed by this law (Article 21), he sends the employee to work abroad, with the employment contract which does not contain the prescribed data (Article 22), he requires from the employee to supply data which are not directly linked to employment (Article 23), he gathers, processes, uses, or supplies to third parties the data on the employee (Article 24), he concludes the employment contract which contracts the training period exceeding the legally prescribed one (Article 26), he fails to conclude the volunteer work contract in writing (Article 28), he concludes full-time employment contract exceeding the legally prescribed number of hours (Article 29), he requires the employee to work longer hours than the reduced working hours on jobs in which, irrespectively of the work protection measures, it is not possible to ensure protection from damaging effects (Article 31), he requires the employee to work longer than his full working hours (overtime work) contrary to the provisions of this law (Article 32, paragraph 1), he fails to inform the cantonal labor inspector on the overtime work he is obligated to inform him of (Article 32, paragraph 2), he fails to proceed per the decision of the cantonal labor inspector restricting overtime work (Article 32, paragraph 5), he orders a minor employee to work overtime (Article 32, paragraph 3), he orders overtime work to a pregnant woman, a mother with a child of up to three years of age or a self-supporting parent with a child of up to six years of age, without his written consent (Article 32, paragraph 4), he orders night work for a woman employed in industry, in contravention of Article 35 he orders night work for a minor employee (Article 36), he fails to allow an employee to use breaks and leave during work (Article 37), he fails to allow an employee to use daily and weekly breaks and leave (Article 38 and 39), he fails to allow an employee to use annual leave in the shortest duration as determined by this law (Article 41, paragraph 1), he denies the employee the right to use annual leave, that is, pays him compensation in lieu of annual leave (Article 45), he fails to allow an employee to use paid leave (Article 46, paragraph 1), he assigns a minor employee to work on the jobs contrary to the provisions of Article 51, paragraph 1 of this law, he employs a woman on the jobs where women are not permitted to work (Article 52), he refuses to employ a woman because of her pregnancy, or cancel her employment contract, or assigns her to other jobs contrary to the provisions of this law (Article 53), he fails to allow a woman to take paid leave (Article 54, paragraph 2), he transfers a woman in contravention of Article 54, paragraph 4 of this law, he fails to allow a woman to use her maternity leave (Article 55), he fails to allow the father or the adoptive parent of the child to exercise his rights referred to in Article 55 of this law (Article 56), he fails to allow the woman or the father of the child to work half-time (Article 57), he fails to allow one of the parents or adoptive parents to exercise his/their right under the terms prescribed in Article 58 of this law, he prevents a woman to take a break during the working hours in order to breast-feed her baby (Article 59), he fails to allow one of the parents or an adoptive parent of a child with serious disability (seriously handicapped child) to exercise the right referred to in Article 63, paragraph 1, of this law. he dismisses an employee who has suffered an injury at work or has developed a professional disease temporarily depriving him of work ability (Article 64), he fails to return an employee to the jobs he previously performed or to other appropriate jobs (Article 65, paragraph 2), he fails to offer other jobs to an employee (Article 66, paragraph 1), he fails to give advantage to an employee in expert training, qualifying or specialization (Article 66, paragraph 2), he cancels employment contract to an employee with a reduced work ability or immediate risk of developing disability contrary to the provisions of Article 67 of this law, he pays salary in the amount lower than the one determined in the collective agreement or the rule book (Article 69, paragraph 2), he fails to pay salary within the period as determined in Article 70, paragraph 1 of this law, he collects his claim from the employee in contrary to Article 74 of this law, he terminates the employment contract contrary to Article 87 of this law , he fails to allow the employee the right to present his defense (Article 90), he acts in contravention of Article 93 of this law, he fails to deliver a written cancellation to the employee (Article 94), he fails to fulfill his obligations towards the employee, as referred to in Article 96, paragraph 1, of this law, he fails to produce the redundant staff care program in accordance with Article 98 of this law, he fails to consult the workers’ council or the trade union when producing the redundant staff care program (Article 99, paragraphs 2 and 3), he concludes employment contract with another employee (Article 99, paragraph 5), he discriminates against an employee for organizing or participating in a strike (Article129, paragraph 1), he prevents or attempts to prevent the federal or cantonal labor inspector in conducting supervision (Article 131), he refuses to return the work record card to an employee (Article 134, paragraph 2), he acts in contravention of Articles 136 and 137 of this law, 56., he fails to harmonize rule books (Article 141), within six months from the effective date of this law he fails to conclude employment contract with an employee (Article 142), within the period of three months referred to in Article 144 of this law, he employs another person contrary to the provisions of Article 143, paragraph 6 of this law. If the offense referred to in paragraph 1 of this article has been committed against a minor employee, the lower and upper limits of the fine shall be doubled. An employer - natural person shall be fined for the offense referred to in paragraph 1 of this article with 500 KM to 2,500 KM. A responsible person with the employer who is a legal entity shall be fined for the offense referred to in paragraph 1 of this article with 200 KM to 1,000 KM. XXII - Final and Interim Provisions Article 141 Employers shall be obligated to harmonize their rule books with the provisions of this law within six months from its effective date. Article 142 Within three months from the effective date of this law, employers shall be obligated to offer employees to conclude employment contracts in accordance with this law. An employee not offered by the employer to conclude employment contract referred to in paragraph 1 of this article shall continue to be employed for a definite or indefinite period of time. The contract referred to in paragraph 1 of this article may not be less favorable than the terms under which the employment was initially constituted, or, under which the labor relations were regulated between the employee and the employer before the date of concluding the contract referred to in paragraph 1 of this article, unless those issues are otherwise regulated in the provisions of the law. If an employee fails to accept the offer of the employer to conclude employment contract in accordance with paragraph 1 of this article, his employment shall be terminated within 30 days from the delivery date of the draft employment contract. If the employee accepts the offer of the employer, believing that the contract offered to him by the employer is not in accordance with paragraph 3 of this article, he may contest the validity of the employer’s offer before a competent court within 15 days from the date of accepting the offer. Article 143 An employee who has the status of a laid off employee on the effective date of this law shall retain that status no longer than six months from the effective date of this law, unless the employer invites the employee to work before the expiry of this deadline. An employee who was employed on 31 December 1991 and who, within three months from the effective date of this law, addressed in written form or directly the employer for the purpose of establishing the legal and working status - and had not accepted employment from another employer during this period, shall also be considered a laid off employee. While laid off, the employee shall be entitled to a compensation in the amount specified by the employer. If a laid off employee referred to in paragraphs 1 and 2 of this Article is not invited to work within the deadline referred to in Paragraph 1 of this Article, his or her employment shall be terminated with a right to a severance pay which shall not be lower than three average salaries paid at the level of the Federation within the three previous months, as published by the Federal Statistics Bureau, for up to five years of service and for each additional year of service at least another half of the average salary. Exceptionally, instead of the severance pay the employer and employee may agree on another form of compensation. The way, conditions and deadlines for the severance payment referred to in paragraphs 4 and 5 of this Article shall be determined in a written contract between the employer and employee. If the employee’s employment is terminated in terms of paragraph 4 of this Article, the employer may not employ another employee with the same qualifications or educational background within one year except the person referred to in Paragraphs 1 and 2 of this Article if that person is unemployed. Article 144 Employees whose employment is at rest in accordance with the regulations applicable before the effective date of this law and who, under this law, are not entitled to have employment at rest, shall be entitled to return to the jobs performed by them previously or to other appropriate jobs within six months from the effective date of this law. Article 145 The procedures to exercise and protect the rights of employees instituted before this law has come into effect shall be completed according to the regulations applicable on the territory of the Federation before the effective date of this law, if this is more favorable for the employees. Article 146 Until the salaries are regulated by collective agreements, and at the latest during one year no from the effective date of this law, the Government of the Federation shall determine, with the prior consultation with parties to conclude the collective agreement, the amount, the method and the terms of harmonizing the lowest salary. The decision on the amount of the lowest salary referred to in paragraph 1 of this law shall be published in the Official Gazette of the Federation of BH. Article 147 The regulations envisaged for the implementation of this law shall be passed within three months from the effective date of this law. Article 148 The regulations that were applicable before the effective date of this law shall continue to apply until the passage of the regulations referred to in Article 147 of this law. Article 149 The competent cantonal authorities shall pass regulations consistent with this law within three months from the effective date of this law. Article 150 The regulations on employment and salaries that were applicable in the Federation territory until the effective date of this law, except the regulations referred to in Article 148 of this law, shall cease to apply in the Federation territory on the effective date of this law. Article 151 The law shall become effective on the eighth day from the date of its publication in the Official Gazette of Federation of BH. --- ## Recognition of foreign court decisions in Bosnia and Herzegovina - Law Office Source: https://advokat-prnjavorac.com/lawoffice/recognition-of-foreign-court-decisions-in-Bosnia-and-Herzegovina.html > Recognition of foreign court decisions in Bosnia and Herzegovina - Areas of professional involvement Law Office Prnjavorac Recognition of a foreign court judgment / decision - Areas of professional involvement Foreign company or a foregin natural person might think they have been successful in negotiating if they persuade the counterparty from Bosnia and Herzegovina to accept the court jursdiction of their country (abroad). On the contrary, the foreign company or natural person has obtained a court ruling that is not enforceable against the debtor in Bosnia and Herzegovina, because such foreign decision has to be recognised in Bosnia and Herzegovina before the competent court, and only after recognition, the execution proceeding of the foreign court decision can be initiated in Bosnia and Herzegovina. Recognition and Enforcement of Foreign Court Decisions in Bosnia and Herzegovina “Recognition and enforcement of foreign decisions in Bosnia and Herzegovina is governed by the Law on Resolution of Conflict of Laws with Regulations of Other Countries ZMPP), whereby a foreign court decision equates with a domestic court decision and produces an effect in our country only if recognised by our court of Bosnia and Herzegovina.” A foreign decision produces a legal effect in accordance with the effect of the domestic decision and under the conditions which make it equal with the domestic decision. To equalise the foreign and domestic decision means to acknowledge its capacity of an enforcement document in a formal sense, on the basis of which the enforcement proceeding can be initiated following the property-legal claim. Based on this, the procedure of enforcing a decision can be initiated or the procedure of entry of status changes in the register. The legal effect is produced by the decision decree which enables founding, changing or revoking of some status, family or property rights and obligations. After recognition of a foreign court decision, it produces the same property-legal and procedural-legal effects as if the decision had been made in Bosnia and Herzegovina. A foreign court decision which has acquired the status of an enforcement document in the process of enforced execution is subject to the norms of domestic law and can be implemented only after it has been recognised as final/executable in a separate proceeding here in Bosnia and Herzegovina.” The adoption of a foreign decision in a domestic legal system does not imply also recognition of the legal effect of the reasoning of the decision according to the foreign law”. The selection of clauses on resolving disputes is not only a question of whether the client prefers to solve disputes in court or in arbitration. The meaning of that clause is to provide the parties a fast, reliable, accessible and cost-advantageous way of resolving disputes. At the same time, it should ensure that judicial proceedings/arbitration is terminated by passing the final decision that will be enforceable in the jurisdiction in which the largest part of the debtor's assets are situated. Otherwise, this clause will not have too much sense. Recognition and enforcement of foreign judgments In disputes with a foreign element, the parties may choose the jurisdiction of the foreign court. But to have the judgment of the foreign court executed in Bosnia and Herzegovina, it has to be recognised by domestic courts in a special contentious procedure. After recognition, the foreign court decision will have the force of the domestic court decision and it will be enforceable. In terms of procedural international private law the lawyer's office does the following: Recognition of a foreign court judgment/recognition of a court decision on the territory of Bosnia and Herzegovina and procedures to enforce a foreign court judgment / a foreign court decision, before all courts of Bosnia and Herzegovina. The lawyer's office also works on recognition and enforcement of foreign arbitral awards in BiH. Please contact us with your legal problem. We promise to look into the matter and gather all documentation and information required for recognition and enforcement of a foreign court judgment/decision. We assure you that your interests will be our highest priority and we offer full cooperation and transparency in the process. Recognition of a foreign court decision in Bosnia and Herzegovina Initiation of a procedure for recognition of a foreign court decision / foreign arbitral awards in civil matters in Bosnia and Herzegovina: The procedure for recognition of foreign court decisions and foreign arbitral awards is initiated by proposal of an authorized person, that is his lawyer. Law on resolution of conflict of laws with regulations of other countries in certain relations expressly provides that the recognition of a foreign court decision in status matters may be requested by anybody having a legal interest, accordingly even persons who were not personally parties in the procedure. The most frequent cases of recognition of foreign court decisions relate to family relations (decisions in marital disputes, alimonies, disputes to determine or challenge paternity or maternity, adoption), commercial court disputes and commercial arbitral awards, court decisions on payment of a sum of money arising from contractual obligations of a domestic and foreign legal entity, legacy cases, and other kinds of foreign court decisions. Constitutional rule which has to be directly and primarily applied in all procedures is that anyone has to be given the opportunity to participate in the procedure in which his rights are being decided on, and only the right to appeal may be replaced by some other legal remedy. The procedure for recognition of foreign court and arbitral decisions is initiated by a proposal of an authorized person, that is, lawyer. For recognition and implementation of foreign court decisions and foreign arbitral awards, jurisdiction as to place belongs to the court where the procedure of recognition or implementation is to be performed. For recognition of foreign court decisions and foreign arbitral awards, jurisdiction as to place belongs to the court where the procedure of recognition, that is, implementation is to be performed. Jurisdiction of the Cantonal Court / District Court in Bosnia and Herzegovina to decide on recognition of foreign court decisions, foreign commercial courts and foreign arbitral awards is stipulated by the Law on courts in Federation of BiH / Law on courts of the Republic of Srpska. The procedure of recognition is performed in accordance with the Entity Law on out-of-court procedure, where the provisions of the Law on civil procedure apply, unless otherwise provided by law, as well as the Law on resolution of conflict of laws with regulations of other countries (“Official Gazette of SFRY” 43/82, 72/82), and Decree Law on recognition and application of federal laws applied in BiH as well as republic regulations (“Official Gazette of the Republic of Bosnia and Herzegovina”, No.: 2/92). In case of signatory states of the Hague convention on abolishing the need for legalization of foreign legal documents dated October 5, 1961 (Convention de la Haye du 5 octobre 1961), public documents issued in foreign countries have legal validity in Bosnia and Herzegovina if certified by Apostille seal, without the need for further certification, and if the documents in question are cited in Article 1 of the said convention, among which belong also documents issued or certified by notary public. To execute a foreign court decision in Bosnia and Herzegovina, it is necessary as preliminary question, to recognize the foreign court decision, and then execute the same in Bosnia and Herzegovina.. --- ## Probate proceedings in Bosnia and Herzegovina - Law Office Prnjavorac Source: https://advokat-prnjavorac.com/lawoffice/Probate-proceedings-in-Bosnia-and-Herzegovina.html > Probate proceedings in Bosnia and Herzegovina - Law Office Prnjavorac Probate proceedings in Bosnia and Herzegovina „Inheritance Law“ - Areas of professional engagement of the Law Office In the area of inheritance and family law the Law Office performs the following activities: provides legal advice and representation in divorce disputes, provides legal advice and representation in support disputes, divorces with minor children in which decisions are made on entrusting joint children to upbringing, care and custody, disputes over the division of property acquired during the marriage; representation in proceedings related to deprivation of parental rights, determination of maternity and paternity, and proceedings for deprivation of legal capacity and appointment of a guardian. The area of representation in inheritance law means initiating probate proceedings – probate hearing, and representation in probate proceedings before a court or notary as a court commissioner until the passing of the decision on inheritance, and then the implementation of the decision before the Tax Administration and competent land registers in Bosnia and Herzegovina. Obtaining the necessary documentation on the ownership of real estate in Bosnia and Herzegovina after the deceased, as well as all other necessary ownership documentation required to conduct probate proceedings. We also provide legal consulting, composing and representation in the process of drafting a contract of lifelong support. Very often work on these cases contains elements of private international law. Equality in inheritance in Bosnia and Herzegovina: All natural persons are under the same conditions equal in inheritance. Foreigners are equal in inheritance with the citizens of Bosnia and Herzegovina. PROBATE PROCEEDINGS IN BOSNIA AND HERZEGOVINA Invitation to a probate hearing The court shall determine a hearing for probate proceedings. In the summons to the hearing, the court shall inform the interested persons about the initiation of the procedure, about whether a will has already been submitted to it, and shall invite them to immediately submit the written will to the court, that is, a document on oral will or succession contract or some other legal transaction in case of death, if it is with them, or to appoint witnesses of an oral will. In the summons, the court shall warn the interested persons that they may, until the first instance decision on inheritance is made, give a statement of acceptance and assignment to one of the co-heirs or a statement on renunciation of inheritance orally at the hearing or in the form of a notarized document, and if they do not come to the hearing or do not give such a statement, they will be considered that they want to be heirs. If the testator has left a will or succession contract, the court shall notify about the initiation of probate proceedings and invite to the hearing persons who could legally claim the right to inherit. If the testator has appointed an executor of the will, the court shall also inform him/her of the initiation of the proceedings. Subject matter of probate proceedings At the probate hearing, the court will discuss all issues important for making a decision in probate proceedings, especially with regard to the right of inheritance, the size of the inheritance share and the right to legacies. The court decides on the rights, as a rule, since it has enabled the interested persons to give the required statements. During the probate proceedings, interested persons may make statements without the presence of other interested persons and it is not necessary in all cases to allow those persons to express their views on the statements of other interested persons. The court will decide on the rights of persons who did not come to the hearing, but were duly summoned, according to the information at its disposal, taking into account their written statements that were received until the passing of the decision. If the court suspects that the person claiming the right to inherit by law is the sole or closest relative of the testator, it may also hear persons whom it considers may have equal or a stronger hereditary right, and it may invite such persons by announcement in accordance with the provisions of Article 235 of this Law. Declaration of inheritance Everyone is authorized to, but no one is obliged to give a declaration of inheritance. A person who has not made a declaration of renunciation of the inheritance is considered to want to be an heir. A person who has validly made a declaration that he/she accepts the inheritance can no longer renounce it. The declaration of inheritance is signed by the heir or his/her representative. If the heir or his/her representative is unable to sign the declaration of inheritance, he/she shall state the reason to the authorized person who will record this in the minutes. The declaration on the receipt of the inheritance or on the renunciation of the inheritance submitted to the court must be notarized, as well as the power of attorney for giving the declaration of inheritance. The heir may also give this declaration or power of attorney with the same legal effect before the consular representative or diplomatic representative of Bosnia and Herzegovina who performs consular activities. The statement should state whether the heir accepts or renounces the part that belongs to him/her by law, on the basis of the succession contract or on the basis of the will, or the statement refers to the mandatory part. If the heir does not state in the inheritance declaration whether his/her declaration refers to what belongs to him/her by law, by succession contract or by will, or as a mandatory part, the declaration shall be deemed to apply to the inheritance on any grounds. The court will not request a declaration of inheritance from anyone, but the heir who wishes to make a declaration may do so orally before the probate court on the record, that is, by handing over the document referred to in paragraph 6 of this Article to the probate court. When giving a declaration of renunciation of inheritance, the authorized person will warn the heir that he/she can renounce the inheritance only in his/her own name, or also in the name of his/her descendants. STATUTORY HEIRS in Bosnia and Herzegovina HEREDITARY ORDERS in Bosnia and Herzegovina Circle of legal heirs Unless otherwise provided by this Law, on the basis of the law, the deceased shall be inherited by: all his/her descendants, his/her adopted children and their descendants, his/her spouse, his/her parents, his/her adoptive parents, his/her siblings and their descendants, his/her grandparents and their descendants, his/her other ancestors. The persons referred to in paragraph (1) of this Article shall inherit according to hereditary orders. The heirs of a closer hereditary order shall exclude from the inheritance a person of a further hereditary order. Extramarital partner as a statutory heir Pursuant to the law, the testator is also inherited by his/her extramarital partner, who is equal to the spouse in the right of inheritance. For the purpose of this Law, an extramarital union is considered to be a union of life between a woman and a man in accordance with the provisions of the law governing family relations which ended with the testator’s death. First hereditary order Descendants and spouse of the testator Article 10 The testator is inherited primarily by his/her children and his/her spouse. Heirs of the first hereditary order inherit in equal parts. When the testator has no descendants, the spouse shall not inherit in the first hereditary order. The right to represent The part of the estate that would have belonged to a child who died earlier if he/she had survived the testator is inherited by his/her children, the testator’s grandchildren in equal parts, and if one of the grandchildren died before the testator, the part that would have belonged to him/her if he/she had been alive at the time of the testator’s death is inherited by his/her children, the testator’s great-grandchildren in equal parts, and so on as long as there are testator’s descendants. Second hereditary order Spouse and parents of the deceased The estate of the deceased who has left no descendants shall be inherited by his/her spouse and his/her parents. The parents of the deceased shall inherit one half of the estate in equal parts, and the other half of the estate shall be inherited by the spouse of the deceased. If the spouse is not left behind by the deceased, the parents of the deceased shall inherit the entire estate in equal parts. Siblings and their descendants If one of the testator’s parents died before the testator, the part of the estate that would have belonged to him/her if he had survived the testator is inherited by his/her children (brothers and sisters of the testator), his/her grandchildren and great-grandchildren and his/her descendants, according to the rules applicable in case the deceased is inherited by his/her children and other descendants. If both of the testator’s parents died before the testator, the part of the estate that would have belonged to each of them if he/she had survived the testator shall be inherited by their descendants, according to the provisions of paragraph (1) of this Article. In all cases, the testator’s siblings by father’s side inherit equal parts of the father’s part of the estate, brothers and sisters by mother’s side inherit equal parts the mother’s part, and born siblings inherit in equal parts with brothers and sisters by father’s side only the father’s part, and with brothers and sisters by mother’s side only the mother’s part. Inheriting one parent who died without descendants If one of the testator’s parents died before the testator, and he/she did not leave any descendants, the part of the estate that would have belonged to him/her if he/she had survived the testator is inherited by the other parent, and if this one died before the testator too, his/her descendants inherit what would belong to both parents, according to the provision of Article 12 of this Law. Third inheritance order Grandparents of the deceased A testator who leaves no descendants, no spouse, no parents, and they have not left any descendants, is inherited by his/her grandparents. One half of the estate is inherited by the grandfather and grandmother on the father’s side, and the other half by the grandfather and grandmother on the mother’s side. The rights of grandparents of the same lineage Grandparents of the same lineage inherit in equal parts. If one of the ancestors of the lineage referred to in paragraph (1) of this Article died before the testator, the part of the estate that would have belonged to him/her if he/she had survived the testator shall be inherited by his/her children and his/her descendants, according to the rules that apply to the case when the deceased is inherited by his/her children and other descendants. In everything else, the rules according to which the testator’s parents and their descendants inherit shall apply to the hereditary right of the grandparents of one lineage and their children. Frequently asked questions about the probate proceedings in Bosnia and Herzegovina Who are the mandatory heirs in Bosnia and Herzegovina? The mandatory heirs are: the children of the testator, his/her adoptive children from full adoption and his/her spouse. Other descendants of the deceased, his/her adoptive children from incomplete adoption and their descendants, his/her parents and siblings are mandatory heirs only if they are permanently incapable of work and do not have the necessary means of subsistence. The testator’s descendants, his/her adopted children and their descendant as well as his/her marital or extra-marital partner have the right to mandatory part which amounts to a half of the part that would belong to each of them according to the legal hereditary order. The mandatory part or the other mandatory heirs amounts to the third of their legal part. How do I make a will in Bosnia and Herzegovina ? A will can be made to any person who has reached the age of 15 and is capable of reasoning, and it is a document that determines who has the right to dispose of property in the event of death. However, even then there are certain legal restrictions. Namely, according to the law, a certain circle of persons is entitled to the necessary part regardless of the will written by the testator. In order to obtain the necessary part, the heirs must file an objection stating that they do not acknowledge the will, after which the non-litigation court or notary instructs them to initiate civil proceedings for evidence. A will is valid if it is made in the form determined by law and under the conditions provided by law. A will can be written and signed in handwriting, it is desirable that the will written in handwriting contains the date of composition. What is determined in the probate proceedings in Bosnia and Herzegovina? The probate proceedings in Bosnia and Herzegovina are conducted before a court or notary as a court commissioner. The composition of the estate, the heirs behind the deceased and the rights that belong to individual heirs should be determined in the probate proceedings in BiH. If there are no disputable elements, the probate procedure lasts for a short time, but if there is a dispute between the heirs over the inheritance, then the probate proceedings are terminated and the heirs are referred to litigation, which can significantly prolong the entire probate proceedings. Inheritance in some cases can be a very complex procedure, so the probate proceedings can last for years, especially if it is a matter of contesting a will from statutory heirs, disputes with necessary heirs, disputes over proving extramarital community, etc. What is inheritance law in Bosnia and Herzegovina? Inheritance law regulates the legal rules and relations that arise after the death of the testator. Inheritance rights are acquired at the time of the testator’s death, by law or by will. Every person can waive that right. Inheritance transfers all rights and obligations from the testator to his/her heirs. If the testator has not left a will, his/her legal heirs will inherit him/her according to the hereditary order, with the rule that the heirs of the closer hereditary order exclude from the inheritance a person of the further hereditary order. How is the estate (the estate mass) after the deceased determined? It often happens that after someone’s death, the heirs have to investigate which property enters the estate mass (the estate). The subject matter of inheritance are things and rights that belong to a natural person. When it comes to real estate, the estate includes all the real estate of the testator, regardless of whether they are registered in the land register and regardless of where they were located. In the case of the duly registered real estate, an excerpt from the land register is sufficient as proof of ownership, and if the real estate is not registered in the land register, the ownership must be proven by authentic documents in your possession. When a final decision on inheritance is obtained in probate proceedings, it is necessary to implement the decision on inheritance before the competent authorities. Civil law Property-legal relations Commercial law Real estate in Bosnia and Herzegovina Family and the law of succession International private law Business law Proceedings before the Constitutional Court Administrative law Proceedings before the Strasburg The right of foreigners to real estate in Bosnia and Herzegovina IT Law Business --- ## Enforcement Proceedings Attorney in Bosnia & Herzegovina | Law office Source: https://advokat-prnjavorac.com/lawoffice/enforcement-proceedings-attorney-in-bih.html > Experienced enforcement lawyer in Bosnia & Herzegovina. Court enforcement, account freezes, property seizure & debt recovery in Sarajevo, Tuzla, Banja Luka & beyond. Enforcement Proceedings Attorney (Bosnia and Herzegovina) – Engagement of Our Law Firm Enforcement proceedings are a special court process by which creditors (those owed money) can forcibly collect from debtors when voluntary fulfilment of the obligation is absent. In practice, this means that if you have a final and enforceable court judgment or other enforceable title and a debtor does not pay the debt, the court in enforcement proceedings can order various compulsory collection measures – such as blocking bank accounts, seizing part of the debtor’s salary or seizing the debtor’s property – to ensure collection/payment. Such proceedings are often the last option for debt collection, but can be very effective when all other options have been exhausted. A lawyer for enforcement proceedings specializing in this area of law can help you go through these complex steps quickly and correctly, fully realizing your rights. The Law Office Prnjavorac provides professional assistance in these situations, and at the level of the entire country of Bosnia and Herzegovina – we can represent you no matter in which part of Bosnia and Herzegovina your case is located, whether in Sarajevo, Tuzla, Mostar or Banja Luka. What is an enforcement proceeding? An enforcement proceeding is legally regulated procedure for the compulsory collection of claims based on an enforceable instrument. Simply put, it is a process in which a court allows a creditor to collect its claim from the debtor when the debtor does not voluntarily fulfil their obligation. An enforceable instrument is typically a final and enforceable court decision (judgment or ruling), a court settlement, a notarial deed or other document that has the force of an enforceable title. On the basis of such a document, the creditor (the enforcement claimant) files a motion for enforcement/execution to the competent court, thereby formally initiating enforcement proceedings. Once the court receives an execution motion, it issues a writ of execution (an enforcement order) specifying the object and means of the execution. This order is delivered to the debtor (the executant), which/who is given a short legal deadline to voluntarily fulfil the obligation. In Bosnia and Herzegovina, this deadline is approximately 8 days from the receipt of the order (decision/writ). If the debtor still does not pay the debt, enforcement compulsory measures are taken. It is important to emphasize that the enforcement procedure is not a new litigation against the debtor, but rather a continuation of the previous process – a way to achieve with the help of the court what has already been due to you according to the decision you have. Why retain an enforcement proceedings attorney? Hiring an experienced lawyer in enforcement proceedings can be crucial for successful and rapid collection. Here are the key advantages that an enforcement proceedings lawyer brings: Professional handling of the proceedings: An attorney with experience in enforcement proceedings is familiar with all relevant regulations and procedures. He will properly draft a proposal (motion) for enforcement (including the principal amount of the debt, interest and costs) and submit it to the competent court without errors that could delay the proceedings. Efficiency and speed: A lawyer will help you avoid procedural delays and advise on which enforcement method is most effective in your case. For example, if he knows that the debtor has regular income, he will suggest wage garnishment or account freezing instead of a lengthy process of selling the property/assets. Protection of your rights: During the procedure, objections, appeals or other obstructions may arise from the debtor. An attorney shall respond promptly to any objection or appeal from the debtor, prevent unjustified delays and ensure that the principal debt is collected, as well as any default interest and all associated costs. Reduces stress for the creditor: The debt collection process can be stressful, but a lawyer takes over the communication with the court, monitors all deadlines and keeps you informed of every step. This way, you are free from worries and can be sure that an expert is managing the process. In short, with the help of a lawyer, you increase the likelihood that your claim will be collected in full and in the shortest possible time, while strictly following the legal procedure. How does the enforcement process work? (Key steps) Below are the main stages of a typical enforcement procedure in Bosnia and Herzegovina: Possession of an enforceable instrument/document: You must have an enforceable title – e.g. a final and enforceable court judgment, a court order, a notarial deed in the form of an enforceable document or another instrument confirming that someone owes you a certain amount. Without an enforceable document, enforcement proceedings cannot be initiated. Filing a motion for enforcement/execution: The creditor or their attorney files a written motion with the competent court. It states information about the creditor and the debtor, the basis of the debt (executive document), the amount of the claim, and proposed collection measures (e.g., wage garnishment, account freeze, sale of property). Court issues an enforcement order (a writ of execution): The court considers the proposal and, if the conditions are met, issues a decision approving execution and determining specific measures. This decision is served on both parties; the debtor is simultaneously ordered to pay the debt within the legal deadline if they wish to avoid coercion / compulsory measures. Compulsory measures (enforcement measures): If the debtor fails to pay within the set deadline (usually up to 8 days), enforcement measures are initiated. Court enforcement officers then enforce the collection through the means specified in the decision – they can freeze the debtor's accounts, seize part of their wage/salary, list and seize movable assets, or mortgage real estate and organize its sale at a public auction. Debt collection and termination of proceedings: The funds received are directed to the creditor after deduction of the costs of the proceedings. When the claim is settled (or it is determined that nothing can be collected at the moment), the court concludes the enforcement proceedings. If the debt is not fully collected, the proceedings can be renewed later if the debtor acquires new assets. Each case may have certain specifics, but these are the basic steps. Your lawyer will adapt the procedure to the circumstances of the specific case and ensure that everything proceeds in compliance with the law. Professional support throughout Bosnia and Herzegovina Prnjavorac Law Firm has many years of experience in conducting enforcement proceedings and represents clients throughout Bosnia and Herzegovina territory. Regardless of whether you need to initiate the enforcement of a judgment in the Federation of Bosnia and Herzegovina, the Republika Srpska or the Brčko District, our team is ready to help you. We represent you before courts and competent authorities throughout Bosnia and Herzegovina, which means that we can efficiently conduct the proceedings wherever your debtor or assets are located. We strive for the highest standards of professionalism in every representation. We have over three decades of experience and hundreds of satisfied clients. We combine detailed knowledge of the regulations with practical experience in order to choose the optimal strategy for your case – whether it is a quick account freeze, a proposal to sell assets or some other measure. Our goal is always the same: efficient realization of your rights and full collection of the debt, while respecting all legal procedures. We also pay great attention to communication – we regularly inform you about the progress of the procedure and we are available for all your questions, because we believe that trust and transparency bring the best result. Frequently Asked Questions about Enforcement Proceedings (FAQ) What does the term “enforcement proceedings” mean? It is a procedure in which a court, at the request of the creditor, enforces the collection of a debt from the debtor based on an enforcement document. It is initiated when the debtor does not voluntarily pay what they owe. How to initiate enforcement proceedings? It is necessary to submit a motion for enforcement to the competent court with evidence of the enforcement document (e.g. judgment) and an indication of the requested collection (amount of debt, interest, costs) and the proposed enforcement measures. It is recommended that the proposal be drawn up by an attorney to ensure that it is complete and correct. How long does the debt enforcement process take? The duration varies. Simple cases (e.g. freezing an account with sufficient funds) can be resolved in a few months or less. Complex cases, where it is necessary to find and sell the debtor's assets or where the debtor is pursuing legal remedies, can take longer – sometimes over a year. The attorney-at-law shall try to expedite the process as much as possible within the framework of the law. Is it mandatory to hire an attorney? It is not mandatory, but it is recommended. An attorney ensures that every step is carried out correctly and significantly increases the chance of successful collection. Without an attorney/lawyer, it is easy to make mistakes in the proposal or miss deadlines, which can delay or jeopardize debt collection. Who bears the costs of enforcement proceedings? Initially, the costs (court fees, possible advances for court execution officers/clerks, expert opinions, etc.) are borne by the creditor who initiates the proceedings. However, these costs are ultimately transferred to the debtor through enforcement proceedings. In other words, the debtor will have to pay the costs of the proceedings in addition to the principal debt, as well as the statutory default interest that accumulates until the payout. What if the debtor has no assets at all? The execution can be carried out only on the property that the debtor owns or the income that they generate. If the debtor currently has no assets or income, collection will be difficult or impossible. In such cases, the procedure can be suspended, but the enforcement decision (a writ of execution) remains in force. The creditor can request enforcement again later, if he discovers that the debtor has acquired property or income (e.g. employment, inheritance, purchase of real estate). An experienced attorney can help monitor the situation and advise when to try collection again. Take a step towards debt collection Although it may seem complex, enforcement proceedings with professional legal support become an effective mechanism for exercising your rights. You do not have to go through this process alone. The Law Office Prnjavorac is at your disposal to conduct enforcement proceedings throughout Bosnia and Herzegovina. Contact us today to get advice or initiate a debt collection procedure. Let our team of experts take care of all the legal details and help you get the deserved payment of your debt as soon as possible.