Received: 01 May 2019
Accepted: 15 May 2019
HARMONIZATION OF THE REGULATION ON DEPRIVATION OF LEGAL CAPACITY WITH EUROPEAN LEGAL STANDARDS
TRGOVČEVIĆ PROKIĆ dr Milena (Правни факултет Универзитета Унион, Други основни суд, Београд), milenaprok @gmail.com
The paper analyzes the provisions of the domestic Law on extrajudicial proceedings of 2014, which regulate the procedure for deprivation of legal capacity. In that sense, the author points to certain conceptual changes whose purpose consists in the fact that the procedure of deprivation of legal capacity is pronounced by the extrajudicial court as a protective measure of limited duration. The Republic of Serbia harmonized its legislation with the aforementioned decision, as well as the introduction of periodic review of the court decision with the Recommendation of the Committee of Ministers of the Council of Europe no. R (99) 4 Principle 14. An analysis of the procedure for deprivation of legal capacity as a special legal protection procedure indicates the operationalization of the basic principles of the noncontentious proceedings that are conducted before the extrajudicial court. In principle, the extrajudicial court acts in accordance with the rules of the procedure by conducting the procedure for deprivation of legal capacity, the procedure for verifying the existence of the reason for the further duration of the imposed measure of deprivation of legal capacity, as well as the procedure for restoring legal capacity when the reasons for deprivation cease to exist.
Keywords: Legal capacity, deprivation of legal capacity, the extrajudicial procedure for deprivation of business capacity, review of the measure of deprivation of legal capacity, the procedure for restoring legal capacity