NON - ENFORCEMENT OF COURT DECISIONS ON WAR DAMAGE IN THE REPUBLIC OF SRPSKA

Abstract

Failing to enforce court decision, besides the fact that is a crime according to the Criminal Code of Republic of Srpska, primarly cause tort to a person who was awarded for damages in that decision. This article deals with the issue of final and enforceable court’s decisions against Republic of Srpska, which in spite of legal and constitutional provisions, the decisions of the Constitutional Court of the Republic of Srpska, of the Constitutional Court of Bosnia and Herzegovina and of the European Court of Human Rights, continues to postpone their execution, namely doesn’t enforce such decisions concerning the pecuniary and nonpecuniary damage incurred during the war. By this approach, the injured party who has suffered pecuniary and non-pecuniary damage during the war, also suffers damages for non-fulfillment of court’s decisions, as well as damage due to violation of basic constitutional rights guaranteed by the Constitution of Bosnia and Herzegovina and by the European Convention for the Protection of Human Rights and Fundamental Freedoms, notably the right to a fair trial and the right to property.