According to the Investment Climate Statement 2016, investors are deterred by a number of obstacles including complex legal and regulatory frameworks, corruption, nontransparent business procedures, insufficient protection of property rights and a weak judicial system, which has caused the stagnation of private investment in BiH over the last five years.[1]
Taking into consideration the problems faced by micro, small and medium-sized enterprises (MSMEs) in BiH, the Association for Democratic Initiatives (ADI), in cooperation with the Association of Employers of the Federation of Bosnia and Herzegovina (UPFBiH) and the Union of Employers’ Associations of Republika Srpska (UUPRS), has produced a Self-Representation Guide for Micro, Small and Medium-Sized Enterprises in Federation of Bosnia and Herzegovina and Self-Representation Guide for Micro, Small and Medium-Sized Enterprises in Republika Srpska. Its purpose is to help the MSMEs in the Federation of Bosnia and Herzegovina and the Republika Srpska to better understand court processes and gain basic knowledge necessary for self-representation at courts.
The first three chapters of the Guide introduce the notion of self-representation at courts and provide overview of the litigation procedure and organization of the court system in the FBiH. Chapters IV-VII explain the rules of litigation step-by-step, providing guidelines for filing and responding to a lawsuit, preparing and participating at court hearings and filing an appeal. Chapters IX and X provide overview of special procedures that are important for businesses, such as liquidation and the bankruptcy procedure. Chapter XI explains the enforcement procedure, since implementation of judicial decisions is critical part of the judicial procedure. Finally, Chapter XII gives information on alternative dispute resolution methods, including characteristics, advantages and disadvantages of mediation and arbitration. Basic terms of litigation procedure are provided in the last chapter. Annex 1 provides information on ranges of court fees in each canton and links to the laws on court fees and calculators of court fees and costs of proceedings. Annex 2 provides contact details of courts as well as organizations or institutions that can provide additional referrals.
Self-Representation Guide for Micro, Small and Medium-Sized Enterprises in Federation of Bosnia and Herzegovina can be downloaded here: FBIH-MSME-Self-Representation-Guide-Dec-2019-ENG
Self-Representation Guide for Micro, Small and Medium-Sized Enterprises in Republika Srpska can be downloaded here: RS-MSME-Self-Representation-Guide-Dec-2019-ENG
Self-Representation Guide for Micro, Small and Medium-Sized Enterprises in the Federation of Bosnia and Herzegovina (the Guide) is produced under the Bosnia and Herzegovina (BiH) Commercial Justice Technical Assistance Project (Project) implemented by the World Bank and funded with UK aid from the UK Government. The objective of the Project is to support justice institutions in implementing reforms that improve efficiency and access to commercial justice in BiH, building on the recommendations of the UK-funded 2016 Feasibility Study on Improving Commercial Case Management in the Federation of Bosnia and Herzegovina (FBiH).
[1] Investment Climate Statement 2016 Executive Summary, http://www.state.gov/e/eb/rls/othr/ics/investmentclimatestatements/index.htm?year=2016&dlid=254345#wrapper
