Means of Evidence and Evidence Collection in Contested Procedure in Kosovo

Mr.Sc. Makfirete Krasniqi

Abstract


The purpose of this paper is to serve as a helpful tool for students, jurists, lawyers, judges and others, in the profesional and scientific aspect. In ruling a contested procedure in a professional manner, the court has to find the truth, so that the contested procedure is most efficient until reaching the final verdict. In my research, I intend to enrich the science with my knowledge in the field of contested procedure.

In this study I have used analytical, comparative, synthesis, generalization and other methods.

Those reading this paper will understand how evidence is the most important part in a fair trial, since failure to prove claims very often leads towards an incorrect situation; they will understand how difficult and painful would be forfeiting rights for the litigating party, which would lead to serious changes, such as losing property, losing a job, compensation of personal income, compensation for damage caused.

The paper in itself contains deposited evidence, which maintain the level of estimation from the court in order to make a judgment in a contested procedure with a court verdict.

In this paper I present the subject of: “Means of evidence and evidence collection in contested procedure”, where I have tried to research the theory but also the practice in contested proceedings, addressing the positive aspects, the deficiencies and novelties. In the legal provisions of the Law on Contested Procedure of theRepublicofKosovo, no. 03/L-006, of 30 June 2008, and Law no. 04/L-118, of 13 September 2012, on amendments to the Law on Contested Procedure, evidentiary means and evidence collection are included in chapter XXII.


Keywords


The purpose of this paper is to serve as a helpful tool for students, jurists, lawyers, judges and others, in the profesional and scientific aspect. In ruling a contested procedure in a professional manner, the court has to find the truth, so that the con

References


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Laws

Code of Civil Procedure of the Republic of Albania, no. 8116 of 29 March 1996, year of publication 2010.

Constitution of the Republic of Kosovo, of 15 June 2008.

European Convention on Human Rights and Freedoms, Rome, of 4 November 1950.

Judgment of the Municipal Court in Vushtrri, C. no. 814/2004, of 22 December 2006, case C. no.814/2004.

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Law on Contested Procedure of the Republic of Kosovo, no. 03/L-006, of 30 June 2008, and Law no. 04/L-118 of 13 September 2012, amending the Law on Contested Procedure.

Law on Contested Procedure, Official Gazette 4/1977 (applicable law after the war in Kosovo), for comparison.

Law on Contested Procedure of the Republic of Macedonia, Official Journal of the Republic of Macedonia, no. 79, of 1 September 2005.

Law on Courts of the Republic of Kosovo, no. 03/L-199, of 20 August 2010.

Law on the Constitutional Court of the Republic of Kosovo, no. 03/L-121.

Rules of Procedure of the Constitutional Court of the Republic of Kosovo, no. 185/1/2010, of 23 November 2010.


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DOI: 10.21113/iir.v5i2.89

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