law. The Law prescribes that the first hearing must be scheduled within 30 days of filing a
petition and that the procedure must be completed within 90 days. 4 However, Praxis
represented the beneficiaries in the several procedures in which the first hearing was
scheduled as late as six month from initiating the procedure, and in the procedures in which
the issuance of decision was pending for longer than a year. The courts in smaller
municipalities and cities usually conducted the procedures more quickly and efficiently than
in the bigger cities, which is probably due to smaller workloads in these courts.
According to the data that Praxis obtained from the courts, the procedures lasted four and a
half months on average, but it must be noted that the First Basic Court in Belgrade - before
which an exceptionally large number of procedures are conducted and which significantly
exceeded the deadline in the procedures conducted by Praxis before this court - refused to
provide the requested information, and can therefore be concluded that the average length of
procedures is certainly greater than the aforementioned.
It must be reiterated that sometimes the parties contribute to the long duration of the
procedure, because they fail to attend hearings. Moreover, it happened relatively often that the
court terminated the procedure by issuing a decision on the withdrawal of petition because the
summoned petitioner failed to attend the hearing. There were often problems with the
summons being served, as many legally invisible persons live in the settlements in which mail
delivery is more difficult and unreliable.
EVIDENTIARY PROCEDURE: As regards the conducting of evidentiary procedure, no
major or numerous irregularities have been observed. However, in several procedures, the
courts insisted on hearing the petitioner’s parents, even though they were abroad, and
precisely this circumstance was the reason for deciding to initiate a non-contentious procedure
for determining the date and place of birth, rather than an administrative procedure of
subsequent registration in birth registry books, since the administrative procedure requires the
participation of parents and the non-contentious procedure does not. In addition, one court in
several procedures refused to hear the proposed witnesses, disqualifying them in advance,
without hearing their evidence, but insisted that close relatives must appear as witnesses,
regardless of the law that provides only that witnesses must be of the age of majority.
A particularly disconcerting example of such practice is the case of a Praxis beneficiary who
received a notice to appear before the court (it was not the summons for the hearing) some
forty days after filing a petition. The petitioner appeared before the court and the judge told
him that the proposed witnesses were not eligible and that the witnesses had to be the persons
who were present at his birth and knew him since his birth, i.e. the persons from Kosovo (the
petitioner was born in Kosovo). Moreover, the judge said that it was necessary also that the
petitioner’s father – who was nearly ninety years old, bed-ridden, suffering from old-age
dementia and living in Montenegro – had to draw up a written statement confirming that the
petitioner was his son. The judge suggested to the petitioner that the best thing would be to
withdraw his petition and initiate a new procedure with new evidence and new witnesses.
Unfortunately, being ignorant of the law, the petitioner acted according to the suggestion, and
the judge made an official note that included the petitioner’s statement on the withdrawal of
the petition. In line with that official note, the court issued a decision on the withdrawal of the
petition, and also stated that the petitioner did not request a written copy of the decision, due
4
Exceptionally, the deadline for the issuance of decision may be extended for 60 days, but only if there is an
indication that the person whose birth is being determined had temporary residence in a foreign country.
.
3
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