Unofficial translation

LAW ON LITIGATION PROCEDURE

CONSOLIDATED TEXT

Part One

BASIC PROVISIONS

Chapter one

BASIC PROVISIONS

Article 1

This Law shall regulate the rules of the procedure on basis of which the court contends and decides upon the basic rights and obligations of the person and citizen in the disputes within the field of personal and family relations, labor relations, as well as property and other civil relations of natural persons and legal entities, unless it is envisaged, by a special law, that the court decides upon some of the listed disputes according to the rules of another procedure.

Article 2

(1) In a litigation procedure the court shall rule within the frames of the claims being filed in the procedure.

(2) The court cannot decline ruling upon a claim being competent for.

Article 3

(1) The parties can, without restraints dispose with the claims they have filed during the course of the procedure.

(2) They can waive their claim, recognize the claim of the opponent and they can settle.

(3) The court shall disregard the dispositions of the parties being: 1) against the coercive regulations; 2) against the provisions of international agreements ratified in accordance with the Constitution of the Republic of Macedonia and 3) contrary to the moral.

Article 4

The court shall, as a general rule, decide on the petition on basis of an oral, direct and public contend.

Article 5

(1) The court shall grant each party the possibility to declare itself regarding the claims and the allegations of the opposing party.

(2) The court shall be authorized to rule on a claim wherefore the opposing party has not been granted the possibility to declare, only when determined by this Law.

Article 6

(1) The litigation procedure shall be conducted in Macedonian language and its Cyrillic letter.

(2) Other official language and its letter spoken by at least 20 % of the citizens shall be used in the litigation procedure in accordance with this Law.

(3) A representative of community who as a party or other participant in the procedure, does not understand or speak the Macedonian language and its Cyrillic letter, shall be entitled to an interpreter.

(4) The costs for interpretation shall be covered by the court.

(5) The court shall be obliged to instruct the party, i.e. the other participant in the procedure of the right anticipated in paragraphs (2) and (3) of this Article. The president of the council or the sole judge shall be obliged to enter to the minutes the instruction of the court and the statement of the party, i.e. of the other participant in the procedure.

Article 7

(1) The parties shall be obliged to state all facts on grounds of which they their claims are based, and to propose evidence confirming such facts.

(2) The court shall also be authorized to confirm the facts not being stated by the parties, and to exhibit the evidence not being proposed by the parties, if the outcome of the contention and the substantiation results in the parties being headed towards disposing with claims they cannot dispose with, but it cannot base its decision on facts and evidence wherefore the parties have not been granted the possibility to declare themselves.

Article 8

According to its own belief the court shall decide which facts it will consider substantiated, based on a conscientious and thoughtful assessment of each proof separately and all of them together, as well as based on the results of the complete procedure.

Article 9

The parties and intervenors shall be obliged in court to speak the truth and conscientiously exercise the rights being recognized to them by this Law.

Article 10

(1) The court shall be obliged to insist the procedure to be conducted without delay, in a reasonable time frame, with the least possible costs, and to prevent any abuse of the rights of the parties in the procedure.

(2) A natural person (party, intervenor, responsible person in a legal entity) shall be fined with Euro 100 to 1000 in Denar counter-value, and a legal entity with a fine in the amount of Euro 500 to 2.500 in Denar counter-value, if it abuses its rights in the procedure, unless otherwise determined by this Law.

(3) The representative (attorney-in-fact or legal representative) shall as well be fined with the amount referred to in paragraph (2) of this Article, if he is liable for the abuse of rights.

(4) The fine referred to in paragraphs (2) and (3) of this Article shall be imposed by the court of first instance. Out of the hearing for the main contention, the fine shall be imposed by a sole judge, i.e. the president of the council.

(5) A special appeal shall not be allowed against the determination imposing a fine.

(6) If the imposed fine is not voluntarily paid within the time frame determined by the court, it shall be coercively collected, ex-officio, as a monetary claim in accordance with the Law on Enforcement.

Article 11

(1) When the decision of the court depends on a preceding decision upon the issue concerning the existence of certain right or legal relation, and the court or other competent body has not yet brought a decision thereon (preceding issue ), the court can decide upon that issue on its own, unless otherwise determined by special regulations.

(2) The decision of the court regarding the preceding matter shall have legal effect only in the litigation where such matter has been decided upon.

(3) In regard to the existence of a crime and criminal liability of the offender, the court in the litigation procedure shall be bound to the legally valid verdict of the criminal court pronouncing the defendant guilty.

Article 12

(1) In a litigation procedure the courts rule in a council.

(2) This Law shall determine the cases when a sole judge rules.

Article 13

Unless a law determines the form wherefore certain activities can be undertaken, the parties shall undertake the litigation activities in writing when out of the hearing or orally at a hearing.

Chapter Two

COMPETENCE AND COMPOSITION OF THE COURT 1. Joint provisions

Article 14

(1) Immediately after receiving the lawsuit the court shall ex-officio assess, whether and in what composition it is competent.

(2) The assessment of the competence shall be made on basis of the allegations in the lawsuit and the facts familiar to the court

(3) In case if during the course of the procedure the circumstances on which the competence of the court is based change, the court being competent in the time of filing the lawsuit remains competent further on, even if due to these changes other court would have been competent.

Article 15

(1) During the entire course of the procedure the court shall ex-officio mind whether the resolution of the dispute falls under court competence and whether the resolution of the dispute falls under the competence of a court in the Republic of Macedonia.

(2) When the court, during the course of the procedure, finds that a court is not competent for resolving the dispute, but instead another domestic body is, it shall pronounce itself incompetent, and shall abolish the conducted activities in the procedure and dismiss the lawsuit.

(3) When the court, during the course of the procedure, finds that a court in the Republic of Macedonia is not competent for resolving the dispute, it shall ex-officio pronounce itself incompetent, abolish the conducted activities in the procedure and dismiss the lawsuit, except in cases when the competence of a court in the Republic of Macedonia depends on the defendant’s consent, which consent has been provided.

Article 16

(1) During the entire course of the procedure each court shall, ex-officio mind its actual competence.

(2) If a pre-trial hearing has or has not been conducted, after the defendant has entered a contend on the main issue at the first hearing for the main contention, the court having commenced the procedure cannot, upon an objection nor ex-officio , pronounce itself incompetent for cases of another same instance court’s competence.

Article 17

(1) When the judicial council during the course of the procedure, or the president of the council at a pre-trial hearing, ex-officio or upon an objection of the parties, finds that the dispute should be tried by a sole judge of the same court, the procedure after the legal validity of this determination shall continue with a sole judge, preferably with the president of the council as a sole judge. The sole judge shall be bound to the legally valid decision by means of which the case is ceded in his competence.

(2) In the case referred to in paragraph (1) of this Article, the council can, according to the state of the procedure, decide not to cede the case to a sole judge but to conduct the procedure on its own. An appeal shall not be permitted against this decision of the council.

(3) The provisions of paragraphs (1) and (2) of this Article shall also apply in case when, during the course of the procedure with the council, the circumstances change or the plaintiff reduces the petition, thus the dispute should be tried by a sole judge.

(4) If the council has adopted a decision on a dispute that was supposed to be tried by a sole judge, such decision cannot be abnegated due to the fact that the decision regarding the dispute has not been adopted by a sole judge.

(5) In case when, during the course of the procedure, ex-officio or upon an objection of a party, a sole judge finds that a council of the same court is competent to try, the procedure shall continue with a council. An appeal shall not be allowed against such determination of the sole judge.

Article 18

(1) Until the adoption of the decision on the main issue, the court shall suspend the litigation procedure, should it determines that the procedure is to be conducted according to the rules of the non-contentious procedure. After the legal validity of the determination, the procedure shall continue with a competent court according to the rules of the non-contentious procedure.

(2) The actions conducted by the litigation court (inspection, providing expert witnessing, hearing of witnesses and alike), as well as the decisions adopted by that court, shall not be invalid only because they have been undertaken in a litigation procedure.

Article 19

(1) Upon an objection of the defendant the court can pronounce itself locally incompetent if the objection is filed at a pre-trial hearing at latest or, if the pre-trial hearing has not been held, before the defendant enters the dispute on the main issue at the first hearing for the main contention.

(2) Only when an exclusive local competence of another court exists, the court can ex-officio pronounce itself locally incompetent at the pre-trial hearing at latest or, if such has not been held, before the defendant enters the dispute on the main issue at the first hearing on the main contention.

Article 20

(1) After the legal validity of the determination pronouncing itself as incompetent (Article 19), the court shall cede the case to the competent court.

(2) The court having been ceded the case as a competent court shall continue the procedure as if it had been initiated therein. (3) If the decision on incompetence has been adopted at the main contention, the court having been ceded the case shall schedule a main contention and shall act as if the contention is being held with an altered council (Article 301 paragraph (3)). If the decision on incompetence has been adopted at a pre-trial hearing, a new pre-trial hearing shall not be scheduled if the president of the council finds it not necessary, considering the actions undertaken at the previous pre-trial hearing.

(4) The litigation activities of the incompetent court (inspection, providing expert witnessing, hearing of witnesses and alike) shall not be invalid only because they have been undertaken by an incompetent court.

Article 21

(1) If the court having been ceded the case as competent, finds that the court having ceded the case or another court is competent, it shall deliver the case to the court that should resolve this conflict of competence, unless it finds that the case had been ceded due to an obvious mistake, whereas it should have been ceded to another court, in which case it shall cede the case to the other court and shall notify the court having ceded the case thereof.

(2) When upon the appeal against the decision of the court of first instance, whereby it has pronounced itself locally incompetent, a decision is adopted by a court of second instance, the court having been ceded the case shall be bound to the decision regarding the issue of competence, should the court of second instance, having adopted the decision, be competent for solving the conflict of competence between those courts.

(3) The decision of the court of second instance concerning the actual incompetence of the court of first instance shall be binding for any court to which the same case will further on be ceded, if the court of second instance is competent to resolve the conflict of competence between those courts.

Article 22

The conflict of competence between the courts shall be resolved by the mutual, immediate court of higher instance.

Article 23

(1) The conflict of competence can be decided even when the parties have not previously declared upon the competence.

(2) Until the conflict of competence is resolved, the court having been ceded the case shall be obliged to undertake those actions in the procedure for which there is risk of being delayed.

(3) An appeal against the decision, by means of which the conflict of competence is decided, shall not be allowed.

Article 24

Every court shall perform the activities in the procedure in its area, but if there is risk of delay, the court shall also undertake certain activities in the area of the neighboring court. The court in the area where the activity is undertaken shall be notified thereof.

Article 25

(1) The rules of international law shall apply to the competence of the courts in the Republic of Macedonia for trial of foreigners enjoying the right to immunity in the Republic of Macedonia and for trial of foreign countries and international organizations.

(2) In case of suspecting the existence and scope of the right to immunity, clarification shall be provided by the Ministry of Justice

2. Competence of the courts in disputes with international element

Article 26

A court in the Republic of Macedonia shall be competent to try in a dispute with an international element when its competence is explicitly determined by law or by an international agreement. If the law or the international agreement does not contain an explicit provision on the competence of a court in the Republic of Macedonia for certain types of disputes, a court in the Republic of Macedonia shall be competent to try that type of disputes when its competence derives from the provisions of the law regarding the local competence of a court in the Republic of Macedonia.

3. Actual competence

Article 27

The courts in the litigation procedure shall try within the limits of their actual competence, determined by law.

Determining the value of the subject of the dispute

Article 28

(1) When the value of the subject in the dispute is relevant to determine the composition of the court, the right to announce revision and other cases envisaged by this Law, the value of the principal claim shall be considered as value of the subject in the dispute.

(2) The interests, litigation costs, agreed fine and other secondary claims shall not be taken into account, if they are not part of the principal claim.

Article 29

If the claim refers to future repeating expenditures, their sum shall be considered as the value of the subject of the dispute, not exceeding the amount corresponding to the sum of the expenditures in a time period of five years.

Article 30

(1) If one lawsuit against the same defendant includes several claims founded on a same factual and legal base, the value shall be determined according to the sum of the values of all claims.

(2) If the claims in the lawsuit derive from different basis or if they are filed against several defendants, the value shall be determined according to the value of each separate claim.

Article 31

When the dispute is regarding the existence of a lease or rent relation, or a relation of usage of residential or business premises, the value shall be calculated according to the annual lease, i.e. rent fee, unless it is a matter of leasing or renting relation being concluded for a shorter time period.

Article 32

If only securing a claim or establishing a right to pledge is being requested by a lawsuit, the value of the subject of the dispute shall be determined according to the amount of the claim that should be secured. If the subject of the pledge has lower value than the claim that should be secured, the value of the subject of the pledge shall be considered as value of the subject of the dispute.

Article 33

(1) If the petition does not refer to a monetary amount, yet the plaintiff has stated in the lawsuit that he agrees to receive certain monetary amount instead of realization of the claim, such amount shall be considered as value of the subject of the dispute.

(2) In other cases, when the petition does not refer to a monetary amount, the value of the subject of the dispute that the plaintiff has determined in the lawsuit shall be considered relevant.

(3) If in the case referred to in paragraph (2) of this Article, the value of the subject of the dispute has been evidently determined by the plaintiff as too high or too low, so that the composition of the court or the right to announce revision is at question, the court shall, at the pre-trial hearing at latest and if the pre-trial hearing has not been held, at the main contention prior to the beginning of the contention on the main issue, examine the accuracy of the marked value in a rapid and suitable way.

4. Composition of the court

Article 34

(1) In the litigation procedure the courts try in a council, whereas the Supreme Court of the Republic of Macedonia shall try in a general session as well.

(2) This Law shall determine in which cases a sole judge shall try.

(3) The president of the council can undertake only those actions in the procedure and adopt only those decisions being authorized for by this Law. (4) Unless otherwise determined by this Law, while resolving the cases in his competence, the sole judge shall have all the rights and duties belonging to the president of the court and the council.

Article 35

(1) Disputes in first instance shall be tried by a council or a sole judge.

(2) When trying in the first instance, the council shall be composed of a judge as president of the council and two lay judges.

Article 36

(1) A sole judge shall try disputes on property claims when the value of the subject of the dispute does not exceed the amount of 1.800.000 Denars.

(2) During the course of the procedure the parties can agree a sole judge to try the property disputes, regardless of the value of the dispute.

(3) A sole judge shall try disputes on hindering of possession.

(4) A sole judge shall conduct the procedure and adopt a decision in the cases regarding legal aid.

(5) Regardless of the value of the subject of the dispute, a council shall try in first instance in copyright and related rights disputes, as well as disputes relating to protection or use of the industrial property rights, or the right to use a business name or title, the disloyal competence or monopolistic conduct.

Article 37

(1) When trying in second instance at a session, the court shall decide in a council composed of three judges. The court of higher instance shall resolve the conflict of competence (Article 22) and decide in all other cases, in the same composition, unless otherwise determined by this Law.

(2) When trying in second instance at a contention, the council of the court of second instance shall be composed of two judges and three lay judges.

(3) When deciding upon revision, the Supreme Court of the Republic of Macedonia shall try in a council composed of five judges.

(4) If the legally valid decision is adopted by the Supreme Court of the Republic of Macedonia the same court shall decide up\on revision, in a council composed of five judges.

5. Local competence

а) General local competence Article 38

(1) If an exclusive local competence of another court is not determined by law, the court with general local competence for the plaintiff shall be competent to try.

(2) Apart from the court of general local competence, another determined court shall also be competent to try in cases anticipated by this Law.

Article 39

(1) The court in the area where the plaintiff has a place of permanent residence shall have general local competence to try.

(2) If the plaintiff does not have a place of permanent residence in the Republic of Macedonia, the court in the area where the plaintiff has a place of temporary residence shall have general local competence to try.

(3) If the plaintiff, beside the permanent place of residence has a temporary place of residence in another location as well, and according to the circumstances it can be assumed that he will reside there for a longer period of time, the court in the area of the temporary place of residence shall have general local competence as well.

Article 40

(1) In trying in disputes against a unit of the local self-government, the court in the area where its head office is located shall have the general local competence.

(2) In trying in disputes against legal entities, the court in the area where their head office is located shall have the general local competence.

Article 41

In trying against a citizen of the Republic of Macedonia permanently residing abroad where he is posted to service or work by a state body or a legal entity, the court in his last place of permanent residence in the Republic of Macedonia shall have the general local competence. b) Special local competence

Competence for co-litigants

Article 42

If several persons are being sued with a single lawsuit (Article 186 paragraph (1) item 1), and there is no local competence of a same court for them, competent shall be the court being locally competent for one of the defendants, and if there are principal and secondary creditors among them, then it shall be the court being locally competent for some of the principal creditors.

Competence in legal support disputes Article 43

(1) In trying in legal support disputes, if person requesting support is a plaintiff, in addition to the court of general local competence, competent shall be the court in the area where the plaintiff has a permanent or temporary place of residence.

(2) If a court in the Republic of Macedonia is competent in the legal support disputes with an international element since the plaintiff has a place of permanent residence in the Republic of Macedonia, locally competent shall be the court in the area where the plaintiff has a place of permanent residence.

(3) If a court in the Republic of Macedonia is competent in a legal support dispute since the defendant has property in the Republic of Macedonia wherefrom the support can be collected, locally competent shall be the court in the area where the property is located.

Competence in damage compensation disputes

Article 44

(1) For trying in disputes on extra-contractual damage liability, beside the court of general local competence, competent shall also be the court in the area where the harmful activity has been performed or the court on the area where the harmful consequence has occurred.

(2) If the damage has occurred as a result of death or serious bodily injuries, beside the court referred to in paragraph (1) of this Article, competent shall also be the court in the area where the plaintiff has a permanent, i.e. temporary place of residence.

(3) The provisions of paragraphs (1) and (2) of this Article shall also apply in disputes against an insurance company for damage compensation towards third parties, based on the regulations for direct accountability of the insurance company, and the provision of paragraph (1) of this Article in disputes on regressive claims based on damage compensation against regressive debtors, as well.

Competence in disputes for protection of the rights based on a producer’s guarantee

Article 45

For trying in disputes on protection of rights based on a written guarantee against the producer who has given the guarantee, in addition to the court of general local competence in regard to the defendant, competent shall as well be the court of general local competence in regard to the sales person who while selling the object has handed the producer’s written guarantee to the buyer.

Competence in marital disputes

Article 46

(1) For trying in disputes for the purpose of determining the existence or non-existence of a marriage, marriage annulment or divorce (marital disputes), in addition to the court of general local competence, competent shall as well be the court in the area where the spouses have had their last mutual place of permanent residence.

(2) If a court in the Republic of Macedonia is competent in marital disputes since the spouses have had their last mutual place of permanent residence in the Republic of Macedonia, i.e. because the plaintiff has a place of permanent residence in the Republic of Macedonia, locally competent shall be the court in the area where the spouses have had their last mutual place of permanent residence, i.e. the court in the area where the plaintiff has a place of permanent residence.

Article 47

If a court in the Republic of Macedonia is competent in property disputes of spouses since the property of the spouses is located in the Republic of Macedonia or since the plaintiff in the time of filing the lawsuit has had a permanent or temporary place of residence in the Republic of Macedonia, locally competent shall be the court in the area where, in the time of filing the lawsuit, the plaintiff has had a permanent or temporary place of residence.

Competence in disputes on determining or contesting paternity or maternity

Article 48

(1) In disputes for the purpose of determining or contesting paternity or maternity, a child can file a lawsuit either to the court of general local competence, or to the court in the area where the child has a permanent, i.e. temporary place of residence.

(2) If a court in the Republic of Macedonia is competent in disputes for the purpose of determining or contesting paternity or maternity because the plaintiff has a place of permanent residence in the Republic of Macedonia, locally competent shall be the court in the area where the plaintiff has a place of permanent residence.

Competence in disputes on immovables and hindering of possession

Article 49

(1) For trying in disputes on ownership and other real rights on immovables, disputes due to hindering of possession of immovables, as well as disputes on lease or rent relations in regard to immovables, or on contracts for using an apartment or business premises, exclusively competent shall be the court in the area where the immovable is located.

(2) If the immovable is located in the area of several courts, each of those courts shall be competent.

(3) For disputes due to hindering of possession of movables, in addition to the court of general local competence, the court in the area where the hindering has occurred shall be competent as well.

Competence in disputes on aircraft and ship

Article 50 (1) When a court in the Republic of Macedonia is competent to try in disputes on ownership rights and other rights on ships i.e. aircrafts, as well as in disputes on lease relations on an aircraft and ship, exclusively locally competent shall be the court in the area where the register, where the aircraft i.e. ship is entered, is kept.

(2) When a court in the Republic of Macedonia is competent for trying in disputes due to hindering of possession of ships i.e. aircrafts referred to in paragraph (1) of this Article, in addition to the court in the area where the register, where the ship i.e. aircraft is entered, is kept, the court in the area where the hindering occurred shall be competent as well.

Competence for persons not having general local competence in the Republic of Macedonia

Article 51

(1) A lawsuit for property claims against a person not having general local competence in the Republic of Macedonia can be filed to any court in the Republic of Macedonia, in which area any property of that person or the object being claimed with the lawsuit is located.

(2) If competence of a court in the Republic of Macedonia exists due to the fact that the obligation occurred during the stay of the defendant in the Republic of Macedonia, locally competent shall be the court in the area where the obligation has occurred.

(3) In disputes against a person who does not have general local competence in the Republic of Macedonia, a lawsuit, concerning the obligations he should fulfill, can be filed to the court in the area where the obligation should be fulfilled.

Competence according to the place where the business unit of the legal entity is located

Article 52

For trying in disputes against a legal entity having a business unit out of its head office, if the dispute originates from the legal relation of that unit, in addition to the court of general local competence, the court of the area where that business unit is located shall be competent as well.

Competence according to the place where the representative office of a foreign entity in the Republic of Macedonia is located

Article 53

In disputes against a natural or legal entity having head office abroad, in regard to the obligations established in the Republic of Macedonia or the obligations that must be fulfilled in the Republic of Macedonia, a lawsuit can be filed to a court in the Republic of Macedonia in which area its permanent representative office for the Republic of Macedonia or the head office of the body being entrusted to perform its activities is located.

Competence in military units’ relations disputes Article 54

In military units' relations disputes against the Republic of Macedonia, exclusively competent shall be the court in the area where the head office of the military unit command is located.

Competence in inheritance relations disputes

Article 55

Until the inheritance procedure is concluded in legally valid manner, for trying in inheritance relations disputes, as well as in disputes on claims of the creditor towards the decedent, in addition to the court of general local competence, the court in the area where the court that conducts the inheritance procedure is located, shall be locally competent as well.

Competence in disputes in an enforcement and bankruptcy procedure

Article 56

For trying in disputes occurring during the course and within a judicial or administrative enforcement procedure, i.e. during the course and within a bankruptcy procedure, exclusively locally competent shall be the court in the area where the court that conducts the enforcement i.e. bankruptcy procedure is located, i.e. the court in the area where the administrative enforcement is conducted.

Competence according to the place of payment

Article 57

For trying in disputes of holders of a bill of exchange or a cheque against the signers, in addition to the court of general local competence, the court in the place of payment shall be competent as well.

Competence in labor relations disputes

Article 58

If the plaintiff in a labor relation dispute is an employee, in addition to the court being generally locally competent for the defendant, competent shall as well be the court in the area where the work is or has been carried out i.e. the court in the area where the work would have to be carried out, as well as the court of the area where the labor relation is established.

Mutual competence in lawsuits against foreign citizens

Article 59

If a citizen of the Republic of Macedonia can be sued in a foreign country with a court, which according to the provisions of this Law would not be locally competent to try in such civil matter, the same competence shall apply for trying of a citizen of that foreign country in a court in the Republic of Macedonia. c) Determining local competence by a court of higher instance

Article 60

If the competent court cannot act, due to exemption of a judge, it shall thereof directly notify the court of higher instance, which shall determine another actually competent court within its district to act upon that case.

Article 61

Upon a proposal of the party or of the competent court, the Supreme Court of the Republic of Macedonia can determine another actually competent court to act upon certain case, provided it is obvious that the procedure will be more easily conducted in that manner, or if other important reasons exist thereof.

Article 62

If a court in the Republic of Macedonia is competent to try, but according to the provisions of this Law it cannot be determined which court is locally competent, the Supreme Court of the Republic of Macedonia shall determine, upon a proposal of the party, which actually competent court will be locally competent. d) Agreement on local competence

Article 63

(1) If an exclusive local competence of a court is not determined by law, the parties can agree a court not being locally competent, provided that such court is actually competent, to try in first instance.

(2) The parties cannot agree on the local competence when Article 45 of this Law is at question.

(3) If it is determined by law that for trying in certain dispute, two or more courts are locally competent, and the parties can agree one of these courts or another actually competent court to try in first instance.

(4) This agreement shall be valid only if composed in a written form and if it refers to a specific dispute or to several disputes originating from certain legal relation.

(5) The plaintiff must enclose the document of the agreement to the lawsuit.

Chapter three

EXEMPTION

Article 64

A judge or a lay judge cannot perform judicial duty if: 1) he is a party, legal representative or a party’s attorney-in-fact, if he is in a relation of a co- authorized person, co-obligor or regress obligor with the party, or if he has been heard as witness or expert witness in the same case; 2) he is permanently or temporary employed at an employer who is a party in the procedure; 3) the party or the legal representative or the party’s attorney-in-fact, is his blood relative in direct line to any degree, and in indirect line up to the fourth degree, or is his spouse, unwed partner or an in-law up to the second degree, regardless if the marriage has ended or not; 4) he is a guardian, adoptive parent, adopted child, supporter or dependеnt of the party, of its legal representative or attorney-in-fact; 5) he has, in the same case, participated in adopting the decision of the court of lower instance or another body, and 6) there are other circumstances, putting his impartiality in doubt.

Article 65

(1) As soon as a judge or lay judge finds out that any of the exemption reasons referred to in Article 64 paragraphs 1 through 5 of this Law exist, he shall be obliged to stop any work on that case and notify thereof the president of the court, who shall appoint a substitute. Should the matter be exemption of the president of the court who is acting upon certain case, he shall appoint a deputy from among the judges of that court, and if that is not possible, he shall act in accordance with Article 60 of this Law.

(2) If the judge or lay judge finds out that other circumstances putting his impartiality in doubt exist (Article 64 item 6), he shall thereof notify the president of the court, who shall decide upon the exemption.

(3) If the president of the court considers that other circumstances putting his impartiality in doubt exist (Article 64 item 6), he shall thereof notify the president of the immediate court of higher instance, who shall decide upon the exemption.

(4) Until adopting the determination referred to in paragraphs (2) and (3) of this Article, the judge can only undertake those actions wherefore risk of postponement exist.

Article 66

(1) The parties can only request exemption of the judge i.e. lay judge with whom the procedure is conducted, i.e. the president of the court who should decide upon the request for exemption.

(2) A request for exemption shall not be allowed: - of all judges from a single court that could act upon that case, - if it is based on the same reasons i.e. circumstances wherefore it has already been decided, - if the reason, wherefore exemption is requested, has not been elaborated and - for the president of an immediate court of higher instance to decide upon a request for exemption of the president of a court of lower instance.

(3) The sole judge or the president of the council, acting upon the case, shall immediately reject the request referred to in paragraph (2) of this Article.

(4) A special appeal shall not be allowed against the determination referred to in paragraph (3) of this Article.

(5) When a party finds there is a reason for exemption of a judge, lay judge, i.e. president of the court it shall file a request for their exemption before concluding the main contention in the court of first instance at latest, and if a main contention has not been held, before adopting the decision.

(6) The party can submit a request for exemption of a judge from a court of higher instance within the legal remedy or as a response to the legal remedy, and if a contention is being held with the court of higher instance then before the closing of the contention.

Article 67

(1) The president of the court shall decide upon the party’s request for exemption, unless otherwise determined by this Law.

(2) If the party requests exemption of the president of the court, a decision on exemption shall be adopted by the president of the immediate court of higher instance.

(3) The request of the parties for exemption of a judge of the Supreme Court of the Republic of Macedonia shall be decided by the president of that court, and the request for exemption of the President of the Supreme Court of the Republic of Macedonia shall be decided by the Supreme Court of the Republic of Macedonia at a general session of that court.

(4) Prior to the adoption of the determination on exemption, a statement of the judge or the lay judge, whose exemption is requested, shall be taken, and if necessary other inspection shall be made as well.

(5) An appeal shall not be allowed against the determination approving the request for exemption, and a special appeal shall not be allowed against the determination rejecting or refusing the request.

Article 68

(1) When a judge or lay judge, president of the council, member of the council or the president of the court, finds out that a request for his exemption has been submitted, he shall be obliged to immediately stop the work on the relating case, and if an exemption as referred to in Article 64 paragraph 6 of this Law is at question, he can only undertake those activities for which there is a risk of delay before the adoption of the determination upon the request. .

(2) The sole judge or the president of the council, as an exception to paragraph (1) of this Article, can by means of a determination, against which a special appeal is not allowed, decide and further continue the work should he assess that the request for exemption is obviously requested for the purpose of obstructing the court while undertaking certain activities, i.e. for the purpose of postponing the procedure.

(3) If the request for exemption is approved, the sole judge or the president of the council taking over the conduct of the procedure shall abolish the actions being undertaken or the decision being adopted in accordance with paragraphs (1) and (2) of this Article. (4) The court shall fine the party, intervenor, attorney-in-fact or legal representative, with the fine referred to in Article 10 paragraphs (2) and (3) of this Law, if it determines that the request for exemption has been submitted for the purpose of obviously obstructing the court while undertaking certain activities or for the purpose of postponing the procedure.

(5) Upon a request of the opposing party, the court shall by means of a determination, without delay, decide on the compensation of procedure costs having been caused to the party by submitting the ungrounded request for exemption. A separate appeal shall not be allowed against that determination, and enforcement can be demanded even before it becomes legally valid.

Аrticle 69

(1) The provisions for exemption of a judge and lay judge shall also apply to the minute taker.

(2) The sole judge i.e. president of the council shall decide upon the exemption of the minute taker.

Chapter four

PARTIES AND THEIR LEGAL REPRESENTATIVES

Article 70

(1) Any natural person or legal entity can be a party in a procedure.

(2) It shall be determined by special regulations who can be a party in a procedure, beside the natural persons and legal entities.

(3) As an exception the litigation court can, with a legal action in certain procedure, recognize the capacity of the party and of those forms of joining that lack the capacity of a party, in terms of the provisions of paragraphs (1) and (2) of this Article, should it be confirmed that, in regard to the subject of the dispute, they actually meet the conditions for acquiring the capacity of a party and should they have at their disposal property whereof enforcement can be conducted.

(4) A special appeal shall be allowed against the determination referred to in paragraph (3) of this Article, by means of which the role of a party in the procedure is recognized.

Article 71

(1) The party, having full capacity to contract, can perform the activities in the procedure by itself (litigation capacity).

(2) An adult person whose capacity to contract has been partially limited shall have litigation capacity within the limits of his capacity to contract.

(3) A minor not having obtained full capacity to contract, shall have litigation capacity within the limits of his recognized capacity to contract. Article 72

(1) The party without litigation capacity shall be represented by its legal representative.

(2) The legal representative shall be determined by law or an act of the competent state body.

Article 73

(1) On behalf of the party, the legal representative can undertake all actions in the procedure, but if special regulation determined that for filing or withdrawing a lawsuit, accepting i.e. waiving a petition, concluding a settlement or undertaking other activities in the procedure the legal representative has to have a special authorization, he can only undertake such actions if he holds the proper authorization.

(2) The person appearing as legal representative shall be obliged to prove, upon a court’s request, that he is legal representative. When a special authorization is required for undertaking certain actions in the procedure, the legal representative shall be obliged to prove that he holds such an authorization.

(3) When the court assesses that the legal representative of a person under guardianship does not pay due attention while representing, it shall thus inform the Social Service Center. If damage could be caused to the person under guardianship as a result of an omission by the representative, the court shall stop the procedure and propose appointing of another legal representative.

Article 74

During the entire course of the procedure the court shall ex-officio mind whether the person appearing as party can in fact be a party in the procedure and whether it has the litigation capacity, whether the party lacking litigation capacity is represented by its legal representative and whether the legal representative holds special authorization when necessary.

Article 75

(1) When the court confirms that the person appearing as a party cannot be a party in the procedure, and that this flaw can be eliminated, it shall call upon the plaintiff to perform the necessary corrections in the lawsuit, or it shall undertake other measures so that the procedure could continue with the person who can be a party in the procedure.

(2) When the court determines that the party does not have a legal representative or that the legal representative does not hold a special authorization when necessary, it can require the Social Service Center to appoint a guardian to a person lacking the litigation capacity, i.e. call up the legal representative to obtain a special authorization or it shall undertake other measures necessary for the party lacking litigation capacity to be rightfully represented.

(3) The court shall determine a deadline to the party for eliminating the flaws referred to in paragraphs (1) and (2) of this Article.

(4) Until these flaws are eliminated, only those actions, the delay of which could result in harmful consequences for the party, can be undertaken.

(5) If the stipulated flaws cannot be eliminated or if the determined deadline expires without success, the court shall with a determination abolish the actions conducted in the procedure, if they have been affected by the referred flaws, and if the flaws are of such nature that they hinder the further conduct of the procedure, it shall dismiss the lawsuit.

(6) An appeal against the determination specifying measures for eliminating the flaws shall not be allowed.

Article 76

(1) If it is evident, during the course of the procedure with the court of first instance, that a regular procedure concerning the appointment of a legal representative to the defendant would last long, thus causing harmful consequences for one or both parties, the court shall appoint a temporary representative to the defendant.

(2) The court shall appoint a temporary representative under the condition referred to in paragraph (1) of this Article, especially if: 1) the defendant lacks the litigation capacity or has no legal representative; 2) opposing interests of the defendant and his legal representative exist; 3) both parties have the same legal representative; 4) the temporary place of residence of the defendant is unknown, and the defendant does not have an attorney-in-fact and 5) the defendant or his legal representative, who have no attorney-in-fact in the Republic of Macedonia, are abroad and service of process could not have been performed.

(3) The court shall without delay notify the Social Service Center, as well as the parties when possible, of the appointed temporary representative.

Article 77

(1) The temporary representative shall have all rights and duties of a legal representative in the procedure being appointed for.

(2) The temporary representative shall exercise those rights and duties as long as the defendant or his attorney-in-fact does not appear in court, i.e. as long as the Social Service Center does not notify the court that it has appointed a guardian.

Article 78

(1) If a temporary representative has been appointed to the defendant pursuant to the reasons referred to in Article 76 paragraph (2) items 4 and 5 of this Law, the court shall issue an announcement which will be published in the “Official Gazette of the Republic of Macedonia”, posted on the court’s notice board, and if necessary in another suitable way.

(2) The announcement should contain: designation of the court having appointed the temporary representative, legal grounds, name of the defendant who is being appointed a representative, subject of the dispute, name of the temporary representative and his occupation and place of temporary residence, as well as a notice that the representative shall represent the defendant in the procedure as long as the defendant or his attorney-in-fact does not appear in court, i.e. as long as the Social Service Center does not inform the court that it has appointed a guardian.

Article 79

A foreign citizen, who according to the law of his country of citizenship does not have litigation capacity, but according to the law of the Republic of Macedonia has, can individually undertake actions in the procedure. The legal representative can undertake actions in the procedure only until the foreign citizen does not state that he individually takes over the conduct of the litigation.

Chapter five

ATTORNEYS-IN-FACT

Article 80

(1) The parties can undertake actions in the procedure individually or by attorneys-in-fact, but the court can call up the party having attorney-in-fact to personally declare itself in court regarding the facts that need to be determined in the litigation.

(2) The party being represented by an attorney-in-fact can, in spite of its attorney-in-fact, give statements to the court.

Article 81

(1) The following can be a party’s attorney-in-fact: - an attorney at law, - a person – law graduate being in a labor relation with the party and - blood relative in direct line, sibling or spouse, provided he has full capacity to contract.

(2) If a person appears as an attorney-in-fact contrary to the provisions referred to in paragraph (1) of this Article, the court shall adopt a determination disabling that person from further representation, and shall notify the party thereof.

(3) A special appeal shall not be allowed against the determination referred to in paragraph (2) of this Article.

Article 82

If the value of the subject of the dispute exceeds 1,000.000 Denars, an attorney-in-fact of a legal entity can be a person who is a law graduate with passed judicial exam and being in a labor relation with the legal entity.

Article 83

(1) The actions undertaken by the attorney-in-fact within the limits of the letter of attorney shall have the same legal effect as if they were undertaken by the party itself. (2) The state bodies, bodies of the state administration, units of the local self-government and persons performing public authorization, shall be obliged upon a request of the party or its attorney-in-fact, to submit documents and data being of interest to the conduct of the litigation procedure, within a time period of 30 days as of the day of receipt of the request.

Article 84

(1) The party can alter or withdraw the statement of its attorney-in-fact at the hearing when that statement has been given.

(2) If the attorney-in-fact has admitted a fact at the hearing where the party has not been present, or has admitted a fact in a submission, and subsequently the party alters or withdraws such admitting, the court shall assess both statements in terms of Article 207 paragraph (2) of this Law.

Article 85

(1) The scope of the letter of attorney shall be determined by the party.

(2)The party can authorize the attorney-in-fact to undertake certain actions only, or to undertake all the actions in the procedure.

Article 86

(1) If the party has issued to the attorney at law a letter of attorney to conduct the litigation, and has not determined the authorizations in the letter of attorney in detail, the attorney at law, on basis of such letter of attorney shall be authorized to: 1) perform all actions in the procedure, and especially file a lawsuit, withdraw a lawsuit, accept or waive a petition, conclude a settlement, submit a legal remedy and withdraw it or waive it, as well as to request temporary measures for securing; 2) to submit requests for enforcing or securing, and to undertake necessary actions in the procedure due to such a request and 3) to accept the ruled costs from the opposing party.

(2) The attorney at law shall need a special letter of attorney for submitting a proposal for repeating the procedure, if more than six months have lapsed as of the legal validity of the decision.

(3) Only in court of first instance and in disputes the value of which does not exceed 1.000.000 Denars, the attorney at law can be replaced by a paralegal being employed at its office.

Article 87

If the party, in the letter of attorney, has not determined in detail the authorizations of the attorney-in-fact, the attorney-in-fact who is not an attorney at law on basis of such a letter of attorney can perform all the actions in the procedure, yet he shall always need explicit authorization to withdraw a lawsuit, accept or waive a petition, conclude a settlement, withdraw or waive a legal remedy and transfer the letter of attorney to another person, as well as to submit extraordinary legal remedies.

Article 88

(1) The party shall, orally or in writing, issue the letter of attorney to the minutes in court.

(2) The party being illiterate or not able to sign the written letter of attorney, instead of a signature shall put a fingerprint of the index finger. Should the letter of attorney be given to a person who is not an attorney at law, the letter of attorney shall be verified at a notary.

(3) If the court doubts the validity of the written letter of attorney, it can rule by a determination that a verified letter of attorney should be submitted. An appeal shall not be allowed against such determination.

Article 89

(1) The attorney-in-fact shall be obliged to submit a letter of attorney when undertaking the first action in the procedure.

(2) The court can allow a person, not having submitted a letter of attorney, to temporary perform the actions in the procedure on behalf of the party, but it shall simultaneously order such person to additionally submit a letter of attorney or an approval to undertake litigation action given by the party within a specified time frame.

(3) The court shall postpone the adoption of the decision until the deadline for submitting the letter of attorney lapses. Should that deadline lapse without success, the court shall continue the procedure not taking into account the actions undertaken by the person without a letter of attorney.

(4) The court shall be obliged, during the entire course of the procedure, to mind whether the person appearing as attorney-in-fact is authorized to represent. Should the court determine that the person appearing as attorney-in-fact is not authorized to represent, it shall abolish the litigation activities being undertaken by that person, provided those activities have not been additionally approved by the party.

Article 90

(1) The party can withdraw the letter of attorney at any time, and the attorney-in-fact can cancel the letter of attorney at any time.

(2) The withdrawal i.e. cancelation of the letter of attorney has to be announced to the court conducting the procedure, in writing or orally to the minutes.

(3) The withdrawal i.e. cancelation of the letter of attorney shall be effective for the opposing party as of the moment of announcing it to the opposing party.

(4) The attorney-in-fact shall be obliged to undertake the actions on behalf of the person who has issued the letter of attorney, one more month after the cancelation of the letter of attorney, should there be a necessity for him to remove any damage that could occur in that time. Article 91

(1) If the attorney-in-fact has been given an authorization to undertake all the actions in the procedure, whereas the party’s capacity to contract is revoked or if its legal representative dies or gets his capacity to contract suspended, or if the representative gets dismissed of duty according to law, the attorney-in-fact shall be authorized to further undertake the actions in the procedure, yet the successor i.e. the new legal representative can withdraw the letter of attorney.

(2) The authorizations of the attorney-in-fact not being an attorney at law shall be terminated in the cases referred to in paragraph (1) of this Article, and shall be explicitly stated in the letter of attorney (Article 87).

Article 92

(1) The death of the natural person i.e. termination of a legal entity shall result in termination of the letter of attorney it has issued.

(2) In case of bankruptcy, the letter of attorney issued by the bankruptcy creditor shall terminate when, according to the positive regulations, legal consequences will occur as a result of initiating a bankruptcy procedure.

(3) As an exception to the provisions of paragraphs (1) and (2) of this Article, the attorney-in- fact shall be obliged to undertake the activities in the procedure one additional month, if it is necessary for the party to remove damage.

Language of the procedure

Article 93

(1) The parties and other participants in the procedure, citizens of the Republic of Macedonia who speak other official language, which is also an official language in the Republic of Macedonia, shall have the right to use their language in the procedure while participating at hearings and orally undertaking other process activities in the court.

(2) The parties and other participants in the procedure referred to in paragraph (1) of this Article shall be provided with interpretation in their language of what is stated at the hearing, as well as interpretation and translation of the documents being used at the hearing for the purpose of substantiating.

(3) The translation shall be performed by court translators.

Article 94

(1)The summonses, decisions and other court writs shall be addressed to the parties and other participants in the procedure in Macedonian language and its Cyrillic letter.

(2) The parties and other participants, citizens of the Republic of Macedonia, whose official language is other than the Macedonian language, shall be served with summonses, decisions and other court writs in that language as well.

Article 95

(1) The parties and other participants in the procedure shall file lawsuits, appeals and other submissions to the court in Macedonian language and its Cyrillic letter.

(2) The parties and other participants in the procedure, citizens of the Republic of Macedonia, whose official language is other than the Macedonian language and its Cyrillic letter, can file lawsuits, appeals and other submissions to the court in their language and letter. Such submissions shall be translated by the court in Macedonian language and the Cyrillic letter and shall be served to the other parties and participants in the procedure.

Article 96

(1) Parties and other participants in the procedure, citizens of the Republic of Macedonia whose language is neither the Macedonian language and Cyrillic letter, nor an official language other than the Macedonian language and its Cyrillic letter, shall have the right to use their language while participating at hearings and orally undertaking other process activities in the procedure in court. Such parties and participants in the procedure shall be provided with interpretation in their language of what is stated at the hearing, as well as translation of the documents being used at the hearing for the purpose of substantiating.

(2) The parties and other participants in the procedure referred to in paragraph (1) of this Article shall be instructed on the right to follow the oral procedure in the court in their language, with the help of an interpreter. They can waive the right to interpretation with a statement to confirm that they know the language of the procedure being conducted. It shall be noted in the minutes that they have been instructed on that right, as well as the statements of the parties i.e. participants.

Article 97

The costs for translation, for the parties and participants in the procedure being citizens of the Republic of Macedonia that occur by applying the provisions of this Law regarding the right to use one’s own language and letter, shall be covered by the Budget of the Republic of Macedonia.

Chapter six

SUBMISSIONS

Article 98

(1) The lawsuit, lawsuit response, legal remedies and other statements, proposals and announcements that are given out of the contention shall be submitted in writing (submissions).

(2) The submissions have to be comprehensible and must contain everything necessary in order to act upon them. They shall particularly contain: title of the court, name, occupation and permanent i.e. temporary place of residence of the parties, i.e. business name and head office of the legal entity, of their legal representatives and attorneys-in-fact, should there be any, the subject of the case, content of the statement and a signature of the submitter.

(3) The party shall be obliged to state its personal identification number and tax number in the submission.

(4) If the statement comprises a claim, in the submission the party should state the facts based on which the claim is founded as well as any evidence when necessary.

(5) The statement given with the submission can, instead with a submission, be given orally to the minutes in the litigation court.

(6) The submission of an attorney at law shall mandatorily comprise a seal of the attorney at law and a stamp of attorney at law as anticipated by a special law, otherwise the submission shall be considered unduly and the court shall reject it. Until the adoption of a special law regulating the stamp of attorney at law, the submission of attorney at law shall mandatorily contain a seal.

Article 99

(1) The submissions that need to be served to the opposing party shall be handed to the court in a sufficient number of copies for the court and for the opposing party. It should be acted in the same manner when along with the submission, enclosures are submitted as well.

(2) If the opposing party is consisted of several persons who have a mutual legal representative or attorney-in-fact, the submissions and enclosures for all these persons can be submitted in one copy.

Article 100

(1) The documents being enclosed to the submission shall be submitted in their master copy, a verified copy or photocopies.

(2) If the party encloses a document in its master copy, the court shall keep that document and shall allow the opposing party to review it. When the need to keep this document in court ceases it shall be returned to the submitter upon his request, still the court can request the submitter to enclose to the records a verified copy or a photocopy of the document.

(3) Should the document be enclosed in a verified copy or a photocopy, upon a request of the opposing party, the court shall call up the submitter to submit the master copy of the document to the court, and shall allow the opposing party to review it. When necessary, the court shall determine the deadline for handing in i.e. reviewing the document.

(4) An appeal against these determinations shall not be allowed.

Article 101

(1) Should the submission be incomprehensible or should it not contain everything necessary in order to act upon it, the court shall instruct the submitter to correct the submission. (2) When the court returns the submission to the submitter for the purpose of correcting or amending, it shall determine a deadline for re-submitting the submission, which cannot be longer than 15 days.

(3) Should the submission, being bound to a deadline, be corrected i.e. amended and handed to the court within the deadline determined for correcting or amending, it shall be considered that it has been submitted to court on the day it has been submitted for the first time.

(4) Should the submission not be returned to the court within the determined deadline, it shall be considered withdrawn, and should it be returned without correcting i.e. amending, it shall be dismissed.

(5) If the submissions or enclosures are not submitted in sufficient number of copies, the court shall call up the submitter to submit them within a time period of three days.

Article 102

(1) The person who in the submission insults the court, party or another participant in the procedure, shall be fined by the litigation court with a fine in the amount of Euro 100 to 1.000 in Denar counter-value.

(2) The imposed fine referred to in paragraph (1) of this Article shall not influence the pronouncing of the sentence for a crime.

(3) If the imposed fine is not voluntarily paid within the time period determined by the court, it shall be ex-officio coercively collected as a monetary claim according to the Law on Enforcement.

(4) The provision referred to in paragraph (3) of this Article shall apply in all cases when the court imposes a fine (Articles 233, 240, 302 and 304).

(5) The court shall notify the Bar Association of the Republic of Macedonia regarding the fine imposed on an attorney at law. Chapter seven

STATUTE OF LIMITATIONS AND HEARINGS

Statute of limitations

Article 103

(1) If the deadlines are not determined by law, they shall be determined by the court taking into consideration the circumstances of the case.

(2) The deadline determined by the court can be extended upon a proposal of the interested party, provided justified reasons exist thereon.

(3) The proposal must be submitted prior to the expiry of the deadline whose extension is being requested. (4) An appeal shall not be allowed against the determination on extending the deadline.

Article 104

(1) The deadlines shall be counted in days, months and years.

(2) When the deadline is given in days, it does not include the day of service of process or announcement, i.e. the day of the event when the deadline shall start running, but the first following day shall be considered start of the deadline.

(3) The deadlines determined in months, i.e. years shall end with the expiry of the day of the last month i.e. year which, according to its number, corresponds to the day when the deadline has started to run. If that day in the last month is missing, the deadline shall end on the last day of that month.

(4) If the last day of the deadline is a national holiday or Sunday or another day when the court is closed, the deadline shall expire with the end of the first following working day.

Article 105

(1) When the submission is bound to a deadline, it shall be considered as submitted in time if it is handed to the competent court prior to the expiry of the deadline.

(2) If the submission is sent by mail as a registered item or by telegraph, the day of handing it over to the post office shall be considered as the day of submitting it to the court to which it is addressed.

(3) If the submission is sent by telegraph and does not contain everything necessary in order to act upon it, it shall be considered as submitted in time if a proper submission is additionally submitted to the court or sent to the court as a registered item by mail within a time period of three days as of the day of handing over the telegram to the post office.

(4) For persons at military service in the Army of the Republic of Macedonia, the day of handing over the submission to the military unit, i.e. military institution or headquarters shall be considered as the day of submitting it to the court.

(5) The provision referred to in paragraph (4) of this Article shall as well refer to other persons in the Army of the Republic of Macedonia at service in military units, i.e. military institutions or headquarters, in places where regular post office does not exist.

(6) For the persons deprived of liberty, the day of handing over the submission to the administration of a prison, penitentiary institution or correctional facility shall be considered as the day of submitting it to the court.

(7) If the submission being bound to a deadline is submitted or sent to an incompetent court prior to the expiry of the deadline, and arrives in the competent court after the expiry of the deadline, it shall be considered as submitted in time, provided the submitting to the incompetent court was due to ignorance or obvious mistake of the submitter.

(8) The provisions referred to in paragraphs (1) through (7) of this Article shall also apply to the deadlines during which, according to special regulations, a lawsuit must be filed as well as based on the deadline of the time barring period for the claims or some other right.

Hearings

Article 106

(1) The hearing shall be scheduled by the court when prescribed by law or when necessary for the procedure. An appeal shall not be allowed against the determination on scheduling the hearing.

(2) The court shall in timely manner summon the parties and other persons whose presence is considered necessary. Together with the summons the submission that initiated the scheduling of the hearing shall be served to the parties, and the place, premises and time of holding the hearing shall be stated in the summons. If a submission is not served together with the summons, the parties, the subject of the dispute, as well as the activity that will take place at the hearing shall be stated in the summons.

(3) In the summons, the court shall particularly remind of the legal consequences resulting from absence from the hearing.

Article 107

(1) The hearing shall, as a general rule, be held in the court building.

(2) The court can decide to hold the hearing out of the court building, when it finds that it is necessary, or that in such manner it is saving time or costs of the procedure. An appeal shall not be allowed against this determination.

Article 108

(1) The court can postpone the hearing when it is necessary for the purpose of exhibiting evidence or when other justified reasons exist thereof.

(2) When the hearing is postponed, the court shall immediately announce the place and time of the new hearing to the persons being present.

(3) An appeal shall not be allowed against the determination on postponing the hearing.

Reinstatement

Article 109

(1) If the party fails to attend a hearing or meet a deadline for undertaking an action in the procedure and thus lose the right to undertake that action, the court shall upon a proposal of the party, allow it to additionally undertake that action (reinstatement) should it assess that justified reasons for the failing to attend exist.

(2) When a reinstatement is allowed, the procedure shall be reverted to the condition it has been prior to failing to attend, and all decisions brought by the court as a result of failing to attend shall be abolished.

(3) Regardless of the outcome of the dispute, the party requesting reinstatement shall be obliged to compensate the opposing party the costs of the procedure being caused by failing to attend and deciding on the proposal for reinstatement. The court shall be obliged to decide on the opposing party’s request for compensation of the costs of the procedure, regardless of the decision on the main issue, by a determination without delay. A special appeal shall not be allowed against that determination, whereas the enforcement on that ground can be requested prior to its legal validity.

Article 110

(1) The proposal for reinstatement shall be submitted to the court where the action that should have been undertaken has been omitted.

(2) The proposal must be submitted within a time period of 15 days, as of the day the reason causing the omission has ceased, whereas if the party found out of the omission later, as of the day it has found out.

(3) If in the invitation to undertake certain litigation activities or the summons for the hearing, the party has been reminded of the consequences from the omitting, it shall be considered that it had found out of the omitting on the day the deadline for undertaking the action has expired, i.e. on the day the hearing wherefore it was summoned has been held.

(4) A reinstatement cannot be requested after expiry of three months as of the day of the omitting.

(5) If the reinstatement is proposed due to a failure to meet a deadline, when submitting the proposal, the proposing party shall be obliged to undertake the action that has been omitted.

Article 111

If the deadline for submitting a reinstatement proposal is not met, or if the hearing being scheduled on basis of the reinstatement proposal is not attended, a reinstatement shall not be permitted.

Article 112

(1) The reinstatement proposal shall, as a general rule, not affect the course of the procedure however, the court can decide to stop the procedure until the determination upon the proposal is legally valid.

(2) If the court has adopted a decision to stop the procedure, yet a procedure upon an appeal is ongoing with the court of higher instance, the court of higher instance shall be notified thereof.

Article 113

(1) The president of the council shall, with a determination, reject the untimely and unallowed reinstatement proposals.

(2) The court shall schedule a hearing upon a reinstatement proposal, except if the facts on which the proposal is based are generally familiar.

Article 114

An appeal shall not be allowed against the determination by means of which the reinstatement proposal is accepted, except in case if the proposal has been accepted contrary to Article 111 of this Law.

Chapter eight

MINUTES

Article 115

(1) Minutes shall be composed for the activities undertaken at the hearing.

(2) Minutes shall also be composed for the more significant statements or announcements that the parties or other participants give out of the hearing. For the less significant statements or announcements, minutes shall not be composed, instead only an official note shall be composed.

(3) The minutes shall be composed by a minute-taker.

Article 116

(1) The minutes shall include: title and composition of the court, place where the action is undertaken, day and hour of undertaking the action, designation of the subject of the dispute and the names of the present parties or third persons and their legal representatives or attorneys-in-fact, and when the party’s attorney-in-fact is an attorney at law, stamp of attorney at law.

(2) The minutes shall include fundamental data on the content of the undertaken action. The minutes for the main contention shall especially include: whether the contention was public or the public was excluded, content of the parties’ statements, their proposals, evidence they have proposed, evidence that has been exhibited, stating the content of the witnesses’ and expert witnesses’ statements, as well as the decisions of the court having been adopted at the hearing.

Article 117

The minutes have to be kept in a duly manner, it is not allowed to delete anything, to add or alter. Whatsoever is crossed over must remain readable.

Article 118

(1) The minute shall be composed in a manner that the president of the council, i.e. sole judge tells out loud the minute taker what shall be entered in the minutes.

(2) The parties shall have the right to read the minutes or demand that it is read to them, as well as to object the contents of the minutes.

(3) Other persons whose statement is entered in the minutes shall have the same right as well, but only in reference to the part of the minutes that contains their statement.

(4) Corrections or amendments in regard to the contents of the minutes that need to be done due to the objections of the parties or other persons or ex-officio , shall be entered at the end of the minutes. The objections that have not been accepted shall as well be entered upon a request of these persons.

Article 119

(1) The minutes shall be signed by the president of the council, i.e. sole judge, minute taker, parties i.e. their legal representatives or attorneys-in-fact, as well as the interpreter and translator.

(2) If the minutes contains multiple pages, the parties i.e. their attorneys-in-fact or legal representatives shall sign every page of the minutes.

(3) The court shall be obliged to provide each of the parties with a copy of the minutes referred to in paragraph (1) of this Article.

(4) When the hearing of the witness and expert witness is done before a judge whose assistance is requested or the president of the council i.e. sole judge, the witness and expert witness shall sign their statement in the minutes.

(5) An illiterate person or a person who cannot sign shall put a fingerprint of the index finger on the minutes, and the minute taker shall write down his name and surname under the fingerprint.

(6) Should any of the parties, its legal representative or attorney-in-fact, witness, expert witness, interpreter or translator, prior to signing the minutes, distance or does not want to sign the minutes, it shall be recorded in the minutes and the reason shall be provided thereof.

Article 120

(1) Separate minutes shall be composed on the counseling and voting. If, in the court of higher instance, the decision in the procedure upon a legal remedy is brought unanimously, minutes shall not be composed, but a note on the counseling and voting shall be composed in the master copy of the decision.

(2) The minutes on the counseling and voting shall contain the course of the voting and the adopted decision.

(3) The dissenting opinions shall be included to the minutes on counseling and voting, provided they were not entered in the minutes itself. (4) The minutes i.e. note on the voting shall be signed by all members of the council as well as by the minute taker.

(5) The minutes on the counseling and voting shall be closed in a separate case. This minutes can be reviewed only by the court of higher instance when deciding upon a legal remedy, in which case the minutes shall again be closed in a separate case where it shall be stated on the case that the minutes has been reviewed.

Chapter nine

ADOPTING DECISIONS

Article 121

(1) The court shall adopt decisions in form of a verdict or a determination.

(2) The court shall decide on a petition with a verdict, whereas for hindering of possession with a determination.

(3) In cases when the court does not decide with a verdict, it shall decide with a determination.

(4) In the procedure for issuing a payment order, the determination by means of which the petition is accepted shall be adopted in a form of a payment order.

(5) The decision for the costs in the verdict shall be considered as a determination.

Article 122

(1) The decisions of the council shall be adopted by voting after the counseling.

(2) Only the members of the council and the minute-taker can be present in the premises where the counseling and voting are taking place.

(3) When a decision is to be adopted for simpler issues, the council can adopt it even at the session.

Article 123

(1) The president of the council shall chair the counseling and voting and shall vote last. He shall mind that all issues are fully and versatilely reviewed.

(2) Majority of the votes shall be necessary for each decision of the council.

(3) The members of the council cannot refuse to vote on issues posed by the president of the council. The member of the council, who while voting on certain previous issue was a part of the minority, cannot refrain from voting on an issue that later on needs to be decided.

(4) Should the votes, in regard to certain issues being decided upon, be divided in several different opinions in a way that none of them has majority, the issues shall be separated and the voting shall be repeated until majority is reached. If, in regard to the sum of the monetary amount or quantity, the votes are divided in more than two opinions, the reasons for each opinion shall be reviewed and if majority cannot be reached afterwards, the votes for the highest monetary amount or quantity shall be added to the votes for the nearest smaller monetary amount or quantity until majority is reached.

Article 124

(1) Prior to deciding on the main issue the court shall, decide whether mending of the procedure is necessary, as well as it shall decide on other previous issues.

(2) If while deciding on the main issue, several requests should be decided upon, it shall be voted for each request separately.

Chapter ten

SERVICE OF PROCESS AND EXAMINING RECORDS

Manner of service

Article 125

(1) The writs shall be served via mail, electronic way, an official of the court, directly in the court, by a notary or other person determined by law.

(2) The court shall be obliged, within a period of 15 days as of the day the necessity of the service is determined, to make two successive attempts to duly conduct the service in one of the manners referred to in paragraph (1) of this Article. Should the service of process fail, then the writ shall be announced on the court’s notice board, and after expiry of eight days as of the day of its announcing, it shall be considered that the service has been completed.

(3) When the service of process is performed by mail as a registered item at the address of the person being served, it shall be considered completed if the writ is handed to the person i.e. if although the person was called up to do so, he does not pick up the writ within a period of eight days.

(4) The party can request the court to perform the service via electronic way in the secure electronic mailbox at the address provided in the request. The party shall be obliged to inform the court of the change of e-mail address, or of revoking the request to perform the service of process via electronic way in a secure electronic mailbox without a delay.

(5) The service via electronic way in a secure electronic mailbox shall be considered completed when a reply is received that the electronic package has been opened and a confirmation with an electronic signature of the recipient that the e-mail has been received.

Article 125-а

(1) The service of process to the state bodies, persons to whom public authorizations have been transferred as well as attorneys at law, shall be performed via electronic way in an electronic secure mailbox.

(2) Should the court find that the service via electronic way in an electronic secure mailbox is not possible or is hindered the service shall be performed in another way, in accordance with Article 125 of this Law.

Article 126

(1) The court shall not have further obligation to summon the party which has been, in a duly manner, summoned to be present at a hearing or informed for the purpose of undertaking certain action but did not appear in court. Upon its request, the court shall be obliged to hand over the summons in the court stating the date and hour of holding the hearing.

Article 126-а

(1) The service via electronic way shall be performed through the court’s information system at the address of the recipient’s electronic secure mailbox.

(2) The court’s information system shall, along with sending the writ to the service recipient, send at his electronic address a notification that a written document, which the address holder must accept, has been sent from the information system.

(3) The electronic mail has to be opened from the electronic mailbox within eight days as of the day of its sending at latest.

(4) In the notification referred to in paragraph (2) of this Article the recipient of the service shall be reminded that if the mail is not opened from the electronic mailbox within the time period referred to in paragraph (3) of this Article, the service shall be considered as completed.

(5) The electronic mail recipient shall prove his identity, perform insight in his electronic mailbox and electronically sign the writ being addressed to the court, i.e. confirm the reception of the electronic mail, with the use of his/her electronic signature.

Article 127

(1) Service of process to the state bodies and legal entities shall be performed by handing the writs to the person authorized to receive writs or to the employee who shall happen to be in the office, i.e. business premises.

(2) Service of process to a legal entity can be also performed through its business unit provided the dispute originates from a legal relation of that business unit.

(3) When the writ is supposed be served to a state body or the State Attorney’s Office, the service of process shall be performed by delivering the writ in its archives. The day of delivering the writ in the archives shall be considered as day of serving.

(4) The service of process according to the provisions referred to in paragraph (1) of this Article shall also be performed when the parties referred to in that paragraph have appointed a person, being their employee, to be their attorney-in-fact.

(5) If certain persons are being served in the court on basis of their request and approval by the court, the writs addressed to them from the court shall be left in a separate box in a court’s room. The service of process shall be performed by an official of the court. When collecting the writ, all other writs left in the court’s box have to be collected as well.

(6) The writs which are served through a P.O.BOX must not be accessible to the persons being served before they sign the proof of service. When service of process is performed by mail, the writs shall be served in closed envelopes. When collecting the writ, all other writs left in the P.O.BOX have to be collected as well.

(7) Every writ served in the manner referred to in paragraphs (5) and (6) of this Article, shall be marked with the date when it has been left in the court’s box or the P.O.BOX of the person being served in such manner. If the writ is not collected within a period of eight days as of the day of leaving the writ in the court’s box or the P.O.BOX, it shall be considered that the service has been duly completed.

Article 128

(1) When service of process through a notary is determined by this Law, it shall be performed in a way that the notary, upon a request of the authorized person or body, by mail or directly serves the writ and composes minutes thereof.

(2) Upon a request of the party which shall state that it consents to compensate the costs and fee being caused by the service of process the court can, , by means of a determination against which an appeal is not allowed, determine that the service of writ is to be entrusted to a notary proposed by the party. In such a case, the court shall place the writ that is to be served together with the determination in a separate case which shall be handed over to the notary.

(3) The notary referred to in paragraph (2) of this Article shall be obliged to perform the service of process in accordance with the provisions of this Law. When serving the writ referred to in paragraph (2) of this Article, the notary shall have rights and duties in accordance with this Law. While performing the activities for the service, the notary can be substituted by a deputy notary.

(4) The notary shall compose minutes for accepting the writ and for the actions undertaken for the purpose of performing the service.

(5) The verified copy of the minutes on receipt of the writ for the purpose of service and proof of the performed service, together with the verified copy of the minutes on the service, i.e. the unserved writ, together with the verified copy of the minutes on the undertaken actions shall be delivered by the notary to the court without delay.

(6) The party shall compensate the costs and fee for the service performed through a notary. The notary to whom the costs and fee are not paid shall not be obliged to perform the service, but he shall compose minutes and notify the court thereof.

(7) The costs for the service through a notary shall enter the litigation costs, should the court find that such a service was necessary.

Article 129

(1) The service of process to a legal entity being registered in the Trade or other register shall be performed at the address given in the lawsuit.

(2) Should the service at the address given in the lawsuit fail, the service of process shall be performed at the address of the head office of that entity being registered in the Trade or other register.

(3) If the service at that address fails as well, the service shall be performed by announcing the writ at the court’s notice board. After expiry of eight days as of the day of announcing the writ at the court’s notice board, it shall be considered that the service is duly completed.

(4) The provisions of paragraphs (1), (2) and (3) of this Article, shall be applied as well to natural persons performing certain activity entered in the Trade or other register, when such persons are being served in regard to the activity they are performing.

(5) The service to a natural person shall be performed at the address given in the lawsuit. Should the service at that address fail, the service shall be performed at the address written in the identification card.

(6) If the service by a registered item at the address written in the identification card fails, the service shall be performed by announcing the writ at the court’s notice board. After expiry of eight days as of the day of announcing the writ at the court’s notice board, it shall be considered that the service of process is completed.

Article 130

The service of summonses to military persons, persons employed in the police and persons employed in the land, water and air traffic, can be performed through their command i.e. their immediate superior officer, and if necessary service of other writs can also be performed in that way.

Article 131

(1) When persons or institutions abroad or foreigners enjoying the right to immunity should be served, the service of process shall be performed via diplomatic channels, provided it is not otherwise determined with an international agreement or with this Law.

(2) Should the service be performed to a citizen of the Republic of Macedonia abroad, the service can be performed via the competent consular representative or diplomatic representative of the Republic of Macedonia who performs the consular activities in the respective foreign country.

(3) Service of process to a legal entity which has a head office abroad can be performed via its branch office or representative office in the Republic of Macedonia. Article 132

Serving persons deprived of liberty shall be performed via the administration of the prison, penitentiary institution or correctional facility.

Article 133

(1) When the party has a legal representative i.e. an attorney-in-fact, the service shall be performed to the legal representative i.e. attorney-in-fact, provided it is not otherwise determined by this Law.

(2) If the party has several legal representatives i.e. attorneys-in-fact, serving one of them shall be sufficient.

Article 134

Service to an attorney at law may be also performed by handing in the writ to the person performing any kind of activities in his office.

Article 135

(1) The service of process shall be performed every day from 6.00 to 21.00 hours in the home or at the working place of the person being served, or in the court when that person shall happen to be there or at any other place.

(2) The persons found at the place where the service is to be performed, shall be obliged to identify themselves on a request of the person performing the service.

(3) For the purpose of determining the identity of the person who happens to be in the place where the service is to be performed or for the purpose of performing other activities of the service, the person performing the service shall be authorized to request police help when necessary.

Article 136

(1) If the person to be served does not happen to be in his home, the service of process shall be performed by handing over the writ to any adult member of his household, who shall be obliged to receive the writ.

(2) If the service of process is performed at the place of work of the person supposed to be served the writ, and the person does not happen to be there, the service can be performed to a person working at the same place, provided it consents to receive the writ.

(3) Handing over the writ to another person shall not be allowed if that other person participates in the procedure as opposing party to the person supposed to be served.

(4) The persons who according to the provisions of paragraphs (1) and (2) of this Article are served with the writ instead of the person the writ is addressed to, shall be obliged to hand over the writ to the referred person. Article 137

(1) A lawsuit, payment order, extraordinary legal remedy, verdict, a determination adopted in a procedure due to hindering of possession, as well as a determination against which a special appeal is allowed, shall be personally served to the party i.e. to its legal representative i.e. attorney-in-fact. Other writs shall be personally served when it is explicitly determined by this Law or when the court finds that due to the documents enclosed in their master copy or due to another reason, greater precaution is necessary.

(2) The writ being determined by this Law to be personally served shall be handed directly to the person it is addressed to. Should the person, to whom the writ is to be personally served, not happen to be where the service is to be done, the person performing the service shall leave him a written note at one of the persons referred to in Article 136 paragraphs (1) and (2) of this Law, to come in court on a specified day and hour for the purpose of receiving the writ. If the person does not come to receive the writ and does not justify it in a period of three days as of the day he has been summoned in court to receive the writ, it shall be sent via mail as a registered item. If the writ is not collected within a period of eight days as of the day of notifying that he should collect the writ, it shall be considered that the service of process is duly completed.

(3) Should the writ referred to in paragraph (1) of this Article be served to state bodies and legal entities, the service of process shall be performed in accordance with the provisions of Article 127 of this Law.

Article 138

If it is determined that the person to whom the writ should be served is absent, and that the persons referred to in Article 136 paragraphs (1) and (2) of this Law cannot deliver the writ in timely manner, the writ shall be returned to the court with a note where the absent person is located.

Refusing receipt

Article 139

When the person the writ is addressed to, i.e. the adult member of his household i.e. authorized person or employee of a state body or a legal entity, refuses to receive the writ without any justified reason, the person performing the service shall leave it in the home or the premises where the respective person works or shall post the writ on the door of the home or premises. He shall mark the day, hour and reason for refusing receipt on the proof of service, as well as the location where the writ is left, thus considering that the service is completed.

Change of home

Article 140

(1) When the party or its legal representative changes its permanent or temporary place of residence before the legally valid closure of the procedure, it shall be obliged to immediately notify the court thereof.

(2) If it does not do so, and the person performing the service is unable to find out where it has moved, the court shall determine that all future service of process to that party in the procedure shall be performed by posting the writ on the court’s notice board.

(3) The service of process shall be considered completed after expiry of eight days as of the day of posting the writ on the court’s notice board.

(4) When the attorney-in-fact i.e. person authorized for receiving writs changes his permanent or temporary place of residence before serving the decision of second instance by means of which the procedure shall be closed in a legally valid manner, and does not notify the court thereof, the service of process shall be performed as if an attorney-in-fact has not even been appointed.

Person authorized for receiving writs

Article 141

The party or its legal representative abroad, not having an attorney-in-fact in the Republic of Macedonia, shall be called up by the court in an appropriate period to appoint a person authorized for receiving writs in the Republic of Macedonia. If the party or its legal representative does not appoint such person, the court shall appoint to the party, at its cost, a temporary representative authorized for receiving writs and shall notify the party i.e. its legal representative thereof.

Article 142

(1) If several persons sue together, and do not have a joint legal representative i.e. attorney– in-fact, the court can call them up to appoint a joint person authorized for receiving writs within a determined time period. In the same time, the court shall notify the plaintiffs which one of them shall be considered as a joint person authorized for receiving writs, provided they do not appoint such person themselves in the determined time period.

(2) The provision referred to in paragraph (1) of this Article shall also apply when several persons are being sued as single co-litigants.

Proof of service

Article 143

(1) The confirmation for performed service (proof of service) shall be signed by the recipient and the person performing the service. The recipient shall himself write down the date of receipt on the proof of service.

(2) Should the recipient be illiterate or not in a condition to sign, the person performing the service shall write his name and surname in letters as well as, the date of receipt and shall enter a note why the recipient did not put his own signature.

(3) Should the recipient refuse to sign the proof of service, the person performing the service shall note that in the proof of service and shall, in letters write the day of delivery whereby it shall be considered that the service is completed.

(4) If the service of process is performed according to the provision referred to in Article 137 paragraph (2) of this Law, in addition to the confirmation for receipt of the writ, it shall be noted on the proof of service that a written note has preceded.

(5) When according to the provisions of this Law the writ is delivered to another person, and not to the one supposed to be served the writ, the person performing the service shall note the relation of those two persons on the proof of service.

(6) If the date of serving is incorrectly noted on the proof of service, it shall be considered that the service of process has been completed on the day the writ has been delivered.

(7) The text on the proof of service shall be written in Macedonian language and Cyrillic letter.

(8) In the courts in the area of the local self-government units, where in addition to the Macedonian language the language of the representatives of the community spoken by at least 20% of the citizens is as well official, the text on the proof of service referred to in paragraph (7) of this Article shall be written in that language and letter as well.

(9) If the proof of service is missing, the service can be as well substantiated in another way.

Examining and copying records

Article 144

(1) The parties shall have the right to examine, copy in writing or copy the records of the procedure they participate in.

(2) Other persons having justified interest can be permitted to examine, copy in writing or copy certain records in the presence of an authorized person in the court. When the procedure is ongoing, the president of the council i.e. a sole judge shall give the permission, and when the procedure is completed, the president of the court i.e. the authorized person in the court being determined by the president of the court.

Chapter eleven

COSTS OF THE PROCEDURE

Litigation costs

Article 145

(1) Litigation costs shall be comprised of the expenditures made during the course of the procedure or as a result of it.

(2) Litigation costs shall also comprise the reward of the attorney at law as well as of other persons to whom the law recognizes the right to reward.

Article 146

(1) Each party shall previously cover the costs being caused by its action.

(2) The court shall not act upon a lawsuit or undertake any other action for which the court fee is not paid.

(3) If the plaintiff does not pay the court fee within a period of 15 days as of the day of filing the lawsuit, it shall be considered that the lawsuit is withdrawn.

Article 147

(1) When the party proposes exhibiting evidence, it shall be obliged, upon a court order, to deposit the amount necessary for covering the costs that will occur as a result of exhibiting the evidence.

(2) When both parties propose or the court determines exhibiting evidence, the court shall determine that both parties shall deposit the amount necessary for covering the costs in equal parts. If the court has determined exhibiting evidence, it can determine that one party only shall deposit the amount. In that case, considering all circumstances, the court shall in its own belief assess the significance of the fact that the party did not deposit in time the amount necessary for covering the costs.

(3) If the amount necessary for covering the costs is not deposited in the time-period determined by the court, it shall withdraw from exhibiting the evidence.

(4) As an exception to the provision referred to in paragraph (3) of this Article, should the court ex-officio determine exhibiting new evidence for the purpose of determining facts in regard to the application of Article 3 paragraph (3) of this Law, it shall oblige the parties to deposit the determined amount in a certain time-period.

(5) If neither of the parties deposit in time the determined amount, the costs for exhibiting the evidence shall be paid from the court’s funds, and after a legally valid closure of the procedure they shall be reimbursed according to the rules referred to in Article 148 of this Law.

Article 148

(1) The party which completely loses the case shall be obliged to compensate the costs of the opposing party and its intervenor.

(2) If the party partially succeeds in the case, the court can, considering the success achieved, determine that each party shall cover its own costs or that one party shall reimburse a proportional part of the costs to the other party and the intervenor.

(3) The court can decide that one party shall reimburse all costs which the opposing party and its intervenor have had, provided the opposite party has not succeeded only in a proportionally insignificant part of its petition, and that part has not caused particular costs.

(4) Considering the substantiating result, the court shall decide whether the costs referred to in Article 147 paragraph (3) of this Law shall be covered by one or both parties or it shall be covered by the court’s funds.

Article 149

(1) The court shall, when deciding which costs shall be reimbursed to the party, take into consideration only the costs being necessary for the conduct of the litigation. Carefully assessing all circumstances, the court shall decide which costs were necessary as well as the amount of the costs.

(2) The reward and other costs of the attorneys at law shall be calculated in accordance with the tariff for compensation of the costs for attorneys at law.

Article 150

(1) Regardless of the outcome of the litigation, the party shall be obliged to compensate to the opposing party the costs being caused by its fault or due to an occurrence on its part.

(2) The court can decide that the legal representative or the attorney-in fact of the party shall compensate the costs to the opposing party being caused by his fault.

(3) The court shall be obliged to decide by a determination on the compensation of the costs referred to in paragraphs (1) and (2) of this Article without delay. A special appeal shall not be allowed against such determination, and enforcement of the determination can be requested prior to its legal validity.

Article 151

If the defendant has not given any reason for a lawsuit and if in the response to the lawsuit, i.e. at the pre-trial hearing, or if a pre-trial hearing is not being held then at the main contention, before he enters a dispute on the main issue, he has recognized the petition, the plaintiff shall compensate the costs of the defendant.

Article 152

(1) The plaintiff who shall withdraw the lawsuit shall be obliged to compensate the opposing party the litigation costs, unless the withdrawal of the lawsuit resulted immediately after the fulfillment of the claim by the defendant.

(2) The party who shall withdraw from a legal remedy shall be obliged to compensate the opposing party the costs incurred due to the legal remedy.

Article 153

(1) Each party shall cover its own costs when the procedure is completed with a court settlement, unless otherwise agreed in the settlement. (2) The costs for the attempted, but unsuccessful settlement (Article 310) shall be included in the litigation costs.

Article 154

If a petition is accepted within extraction litigation for extracting items, yet the court determines that the defendant as a creditor in the enforcement procedure has had justified reasons to consider that there are no rights of third parties to these items, it shall determine each party to cover its own costs.

Article 155

(1) Co-litigants shall cover the costs in equal parts.

(2) If there is a significant difference in their share of the subject of the dispute, the court shall proportionally to that share establish the part of the costs that shall be compensated by each of the co-litigants.

(3) The co-litigants who are jointly responsible for the main issue shall jointly be responsible for the costs ruled to the opposing party.

(4) The other co-litigants shall not be accountable for the costs caused by special litigation activities of separate co-litigants.

Article 156

(1) When the public prosecutor appears as a party in the procedure, he shall be entitled to compensation of the costs according to the provisions of this Law.

(2) The costs that, according to the provisions of this Law, should be covered by the public prosecutor will be paid from the Budget of the Republic of Macedonia.

Article 157

The provisions on the costs shall be as well applied to parties being represented by the public prosecution. In such case, the costs for the procedure shall include the amount which would have been recognized for the party as reward for the attorney-at-law.

Article 158

(1) The court shall decide upon cost compensation of a certain claim of the party, without dispute.

(2) The party shall be obliged to list the cost it seeks to be compensated in the claim.

(3) The party shall be obliged to display the claim for compensation of costs, at latest until the completion of the dispute preceding the deciding upon the costs, and if it comes to adopting a decision without a previous dispute, the party shall be obliged to point out the claim for compensation of costs in the proposal for the court to decide. (4) The court shall decide upon the claim for compensation of costs in the verdict or in the determination whereby the procedure is closed with that court.

(5) Upon the oral announcement of the verdict or of the determination imposing compensation of costs, the court can decide the amount of the costs to be calculated in a verdict, i.e. determination prepared in writing, if the determination is to be served to the parties.

(6) During the course of the procedure the court shall with a special determination decide on the compensation of the costs only when the right to cost compensation does not depend on the decision on the main issue.

(7) In the case referred to in Article 152 of this Law, if the withdrawal of the lawsuit or the withdrawal from a legal remedy is not enforced during the contention, a claim for costs compensation can be displayed in a period of 15 days as of the receiving of the withdrawal notification.

Article 159

In a partial or interlocutory verdict, the court can pronounce that the decision on the costs is left for a later verdict.

Article 160

(1) When the court rejects or refuses the legal remedy, it shall decide on the costs incurred in the procedure due to that legal remedy.

(2) When the court alters the decision against which a legal remedy has been filed or it abolishes such decision and dismisses the lawsuit, it shall decide on the costs in the whole procedure.

(3) When a decision against which a legal remedy has been filed is abolished and the case is returned to a repeated trial, the decision upon the costs due to the legal remedy will be left to be brought in the final decision.

(4) The court can act according to the provision of paragraph (3) of this Article even when the decision against which a legal remedy has been filed is only partially abolished.

Article 161

(1) The decision on the costs, contained in the verdict, can only be contested with an appeal against the determination, unless the decision on the main issue is contested at the same time.

(2) If one of the parties contests the verdict only in terms of the costs, and the other in terms of the main issue, the court of higher instance shall decide upon both legal remedies with one decision.

Costs in the procedure for providing evidence Article 162

(1) The costs of the procedure for providing evidence shall be covered by the party having submitted the proposal for providing evidence. It shall as well be obliged to compensate the costs of the opposing party, i.e. of the temporary appointed representative.

(2) Such costs can be additionally realized by the party as part of the litigation costs, in line with the success in the procedure.

Exemption from payment of costs in the procedure

Article 163

(1) The court shall exempt from payment of costs in the procedure, the party that according to its general material condition is not able to cover these costs without harming its necessary support and the necessary support of its family.

(2) The exemption from paying the costs in the procedure shall include exemption from paying fees and exemption from down payment of the costs for witnesses, expert witnesses, for inspection and for court announcements.

(3) The court can exempt the party only from paying fees, if the payment of fees would significantly decrease the funds whereby the party and the members of its family are being supported.

(4) When adopting a decision on exemption from paying the procedure costs, the court shall carefully asses all the circumstance and it shall particularly consider the value of the subject of the dispute, the number of persons the party supports and the revenues of the party and the members of its family.

Article 164

(1) The decision on exemption from paying the procedure costs shall be adopted by the court of first instance on a proposal of the party.

(2) The party shall be obliged to attach to the proposal a certificate from a competent body of the state administration in regard to its material condition.

(3) The certificate for the material condition has to state the tax amount paid by the household and by separate members of the household, as well as other sources of their revenues and in general the material condition of the party being issued the certificate.

(4) Detailed regulations for issuing certificates on the material condition shall be adopted by the body determined with a special regulation.

(5) When necessary the court itself can ex officio obtain the necessary data and notifications on the material condition of the party requesting exemption, and it can thereon hear the opposing party as well.

(6) An appeal is not allowed against the determination of the court adopting the proposal of the party.

Article 165

(1) When the party is completely exempted from paying the procedure costs (Article 163 paragraph (2)), upon its request the court of first instance shall determine it to be represented by an attorney-in-fact, should it be necessary due to protection of the party’s rights.

(2) The party being assigned an attorney-in-fact shall be exempted from paying the costs and the reward of the assigned attorney-in-fact.

(3) The attorney-in-fact from among the attorneys at law shall be assigned by the president of the court.

(4) Due to justified reasons the assigned attorney-in-fact can request to be dismissed. The president of the council shall decide upon it out of the main contention, and the council shall decide at the contention. An appeal shall not be allowed against the decision of the court dismissing the attorney-in-fact.

(5) An appeal is not allowed against the determination of the court adopting the request of the party for assigning an attorney-in-fact.

Article 166

When the party is completely exempted from paying the procedure costs (Article 163 paragraph (2)), down payment shall be made from the court’s funds for the costs for witnesses, expert witnesses, translators, interpreters, for the inspection and for publishing a court announcement, as well as the costs for the assigned attorney-in-fact.

Article 167

(1) The determination on exemption from paying the costs and for assigning an attorney-in- fact can be abolished by the court of first instance during the procedure, should it establish that the party is able to cover the procedure costs. Thus, the court shall decide whether the party shall completely or partially compensate the costs and fees it has been previously exempted from, as well as the costs and the reward for the assigned attorney-in-fact.

(2) The amount paid from the court’s funds shall be the compensated first.

Article 168

(1) The fees and costs paid from the court’s funds, as well as the actual expenses and the reward for the assigned attorney-in-fact, shall be considered part of the litigation costs.

(2) For compensating these costs by the opposing party being exempted from paying the procedure costs, the court shall decide in line with the provisions on cost compensation.

(3) The fees and costs paid from the court’s funds shall be ex officio charged by the court of first instance from the party being obliged to compensate them. (4) If the opposing party, being exempted from paying the procedure costs, is obliged to compensate the litigation costs, and it is established that he is not able to cover those costs, the court can additionally determine the costs from paragraph (1) of this Article to be paid completely or partially by the party being exempted from paying the procedure costs from what has been ruled thereto. Thus, it shall not interfere in the right of this party to request compensation from the opposing party for what it has paid.

Article 169

The compensation of the litigation procedure costs which shall incur in courts in the Republic of Macedonia shall be confirmed by a Rulebook by the Minister of Justice.

Chapter twelve

LEGAL AID

Article 170

(1) The courts shall be obliged to provide one another legal aid within the litigation procedure.

(2) If the court whose assistance is requested is not competent to perform the activity for which its assistance is requested, it shall cede the request to the competent court, i.e. to another state body and shall notify the court from which it has received the request, and if the competent court, i.e. the state body is unknown, the request shall be returned.

Article 171

(1) The courts shall provide legal aid to foreign courts in the cases anticipated with an international agreement, as well as when there is mutual interest in the provision of legal aid. In case of suspecting the existence of mutual interest, the Minister of Justice shall give proper explanation.

(2) The court shall refuse to provide legal aid to a foreign court if it is requested to perform an activity against the state system of the Republic of Macedonia. In such case the court competent for providing legal aid shall, ex officio, serve the case to the Supreme Court of the Republic of Macedonia.

(3) The provision of Article 170 paragraph (2) of this Law shall as well be valid for acting upon a request of a foreign court.

Article 172

The courts shall provide legal aid to foreign courts in a manner anticipated with the national legislation. The activity being subject of the foreign court’s request can also be enforced in a manner requested by the foreign court, unless such procedure is against the state system of the Republic of Macedonia.

Article 173 Unless otherwise determined with an international agreement, the court shall commence the procedure upon the foreign courts’ requests for legal aid, only if they are served via diplomatic channels and if the request and its enclosures are composed in Macedonian language or if certified copy of the translation is attached thereto.

Article 174

Unless otherwise determined with an international agreement, the national courts’ requests for legal aid shall be served to foreign courts via diplomatic channels. The requests and enclosures have to be composed in the language of the country whose assistance is requested or certified copy of the translation to their language has to be attached.

Part two

COURSE OF THE PROCEDURE

А. Procedure in the court of first instance

Chapter thirteen

LAWSUIT

Article 175

A litigation procedure shall be initiated upon a lawsuit.

Contents of the lawsuit

Article 176

(1) The lawsuit shall contain certain claim in terms of the main issue and the secondary claims, facts upon which the plaintiff founds its request, evidence to confirm such facts, as well as other data mandatory for each submission (Article 98).

(2) When the composition of the court or the right to announcing revision depends on the value of the subject of the dispute, and the subject of the petition is not a monetary amount, the plaintiff shall be obliged to state the value of the subject of the dispute in the lawsuit.

(3) The court shall act upon the lawsuit even when the plaintiff has failed to state the legal basis of the petition, and if the plaintiff has stated the legal basis, the court shall not be bound thereto.

Declaratory lawsuit

Article 177

(1) In the lawsuit, the plaintiff can only request the court to declare the existence, i.e. non- existence of a certain right or legal relation or authenticity, i.e. non-authenticity of certain document. (2) Such lawsuit can be filed when it is anticipated with special regulations, when the plaintiff has legal interest in the court’s declaration of the existence, i.e. non-existence of certain right or legal relation, or authenticity, i.e. non-authenticity of certain document before the claim for causing the said relation becomes due, or when the plaintiff has some other legal interest in filing such lawsuit.

(3) If the decision upon the dispute depends on whether there is or there is no legal relation that during the course of the litigation has become disputable, the plaintiff can, beside the existing claim, point out a petition for the court to declare that such relation exists, i.e. does not exist, should the court where the litigation is ongoing be competent for such a claim.

(4) Pointing out a claim, in terms of the provision of paragraph (3) of this Article, shall not be considered alteration of the lawsuit.

Pointing out several petitions in a single lawsuit

Article 178

(1) The plaintiff can point out several petitions in a single lawsuit against the same defendant, when all the petitions are related to the same factual and legal base. If the petitions are not related to the same factual and legal base, they can be pointed out in a single lawsuit against the same defendant, only when the same court is actually competent for each of the referred petitions and when the same type of procedure has been determined for all the petitions.

(2) The plaintiff can point out two or more mutually related petitions in a single lawsuit and thus the court can adopt the following of the referred petitions, should it find that what has been pointed out has no grounds.

(3) The petitions according to paragraph (2) of this Article can be pointed out in a single lawsuit only if the court is actually competent for each of the pointed out petitions and if the same type of procedure has been determined for all the petitions.

(4) If a council should try upon some of the petitions pointed out in the same lawsuit, and upon others it should be a sole judge of the same court, a council shall try upon all the petitions.

Countersuit

Article 179

(1) Before the first hearing on the main contention at the latest, the defendant can file a countersuit with the same court, if the claim in the countersuit is related to the petition, or if such claims can be set off against each other or if the countersuit requests establishing a right or a legal relation on whose existence, i.e. non-existence the decision upon the petition depends completely or partially.

(2) Until the closure of the main contention, the countersuit can be filed only with the consent of the plaintiff, and without its consent it can be filed only if the court has approved alteration of the lawsuit before the closure of the main contention, although the defendant has opposed it.

(3) Countersuit can be filed even when the same court, in other composition, is supposed to try upon the claim in the countersuit. Alteration of the lawsuit

Article 180

(1) The plaintiff can alter the lawsuit before the first hearing on the main contention.

(2) Before serving the lawsuit to the defendant, consent from the defendant is necessary in order to alter the lawsuit, but even when the defendant opposes the court can approve alteration should it consider that it would be purposeful for the final deciding upon the relations between the parties.

(3) It shall be considered that the defendant consents alteration of a lawsuit if he enters the dispute upon the main issue in the altered lawsuit, and has not opposed the alteration before.

(4) If the litigation court is not actually competent for the altered lawsuit, it shall submit the case to the competent court which, if the defendant opposes the alteration, shall decide whether alteration is allowed.

(5) Even in case when the same court in other composition (Article 17) shall try upon the altered lawsuit, it shall be acted in the manner anticipated in paragraph (4) of this Article.

(6) When the court approves alteration of the lawsuit, upon a request of the defendant it shall be obliged to leave the defendant some time to prepare for contending on the altered lawsuit, which shall not exceed 15 days.

(7) If the lawsuit is altered on a hearing where the defendant is absent, the court shall postpone the hearing and shall serve the defendant a copy of the minutes from the referred hearing.

(8) A special appeal shall not be allowed against the determination approving the alteration of the lawsuit.

Article 181

(1) Alteration of a lawsuit shall refer to alteration of the correspondence of the claim, increase of the existing or pointing out another claim besides the existing.

(2) If the plaintiff alters the lawsuit in a manner that, due to the circumstances that have occurred after filing the lawsuit, he requests another object or monetary amount from the same factual relation, the defendant cannot oppose such alteration.

(3) The lawsuit is not altered if the plaintiff has altered the legal base of the petition, if he has decreased the petition, or he has altered, amended or corrected certain allegations, thus not altering the petition. Article 182

(1) Before closing the main contention, the plaintiff can alter its lawsuit so as instead of the defendant it prosecutes another person.

(2) Consent from the person that shall enter the litigation instead of the defendant is necessary in order to alter the lawsuit in terms of paragraph (1) of this Article, and if the defendant has already entered the contention on the main issue, his consent shall be necessary as well.

(3) The person entering the litigation instead of the defendant has to receive the litigation in the same condition as it has been at the moment he enters.

Withdrawal of a lawsuit

Article 183

(1) The plaintiff can withdraw the lawsuit without the consent of the defendant, before the defendant enters the contention on the main issue.

(2) The lawsuit can as well be withdrawn later, until the closing of the main contention, if the defendant agrees to it. If the defendant in a period of eight days as of the day he has been notified on the withdrawal of the lawsuit does not declare upon it, it shall be considered that he consents the withdrawal.

(3) The withdrawn lawsuit shall be considered as if it has not been filed and it can be filed again.

Existence of litigation

Article 184

(1) The litigation shall commence as of the serving of the lawsuit to the defendant.

(2) In terms of the claim set by the party during the course of the procedure, the litigation shall commence as of the moment when the opposing party has been notified on the referred claim.

(3) While the litigation is ongoing, new litigation between the same parties cannot be initiated in reference to the same claim, and if such litigation is initiated, the court shall dismiss the lawsuit.

(4) During the course of the whole procedure the court shall ex officio mind whether there is already litigation upon the same claim between the same parties.

Article 185

(1) If one of the parties transfers an object or a right wherefore litigation is ongoing, it shall not be an obstacle for completing the litigation between the same parties.

(2) The person having obtained the object or the right wherefore the litigation is ongoing can enter the litigation instead of the plaintiff, i.e. the defendant, only if both parties agree to it.

Chapter fourteen

CO-LITIGANTS

Article 186

(1) Several persons can prosecute with a single lawsuit, i.e. can be prosecuted (co-litigants), if: 1) in regard to the subject of the dispute they are in lawful community or if their rights, i.e. obligations result from the same factual and legal base; 2) subject of the dispute are claims i.e. obligations of the same type based on essentially same factual and legal base although there is actual and local competence of the same court over each claim and each defendant and 3) it has been determined by another law.

(2) Before closing the main contention, under the conditions referred to in paragraph (1) of this Article, beside the plaintiff another plaintiff can accede or the lawsuit can be expanded to another defendant with its consent.

(3) The person acceding the lawsuit, i.e. to which the lawsuit is expanded, has to receive the litigation in the same condition as it has been when acceded.

Article 187

(1) The plaintiff can with a lawsuit include two or more defendants in a manner that he would request the petition to be adopted according to the following defendant, in case it is dismissed in a legally valid manner against the one stated in the lawsuit before him.

(2) In the manner anticipated in paragraph (1) of this Article, the plaintiff can include two or more defendants in the lawsuit, only if he does not point out the same claim against each of them or if against certain defendants he points out different claims being mutually related, and if the same court is actually and locally competent for each of the claims.

Article 188

The person, who completely or partially requests an object or right wherefore litigation is ongoing between other persons, can sue both parties in a single lawsuit with the court where the litigation is ongoing, until the procedure is concluded in a legally valid manner.

Article 189

The main debtor and guarantor can be prosecuted together, unless it is against the contents of the guarantee agreement.

Article 190

Each co-litigant in the litigation shall be an independent party and his activities or omissions are neither useful nor harmful to the other co-litigants.

Article 191

If according to the law or the nature of the legal relation, the dispute can be settled in an equal manner against all the co-litigants (single co-litigants), they shall be considered as a single litigation party, therefore in case if separate co-litigants omit certain litigation activity, the litigation activities performed by the other co-litigants shall expand to those who failed to undertake those activities.

Article 192

If the time periods for performing certain litigation activity for certain single co-litigants lapse in different time, such litigation activity can be undertaken by each co-litigant all until the time period for undertaking an activity is running for at least one of them.

Article 193

Each co-litigant shall have the right to file proposals referring to the course of the litigation.

Chapter fifteen

PARTICIPATION OF THIRD PARTIES IN THE LITIGATION

Participation of an intervenor

Article 194

(1) A person who has legal interest for one party to succeed in litigation ongoing between other persons can join the referred party.

(2) The intervenor can enter the litigation in the course of the whole procedure before the decision upon the petition becomes legally valid, as well as in the time periods anticipated for filing an extraordinary legal remedy.

(3) The statement on entering the litigation can be given by the intervenor on the hearing or in a written submission.

(4) The submission of the intervenor shall be served to both litigation parties, and if the intervenor’s statement is given on a hearing the copy of the referring part of the minutes shall be served only to the party being absent from the hearing.

Article 195

(1) Each party can contest the intervenor’s right to participate in the procedure and can propose the invervenor to be rejected, and the court can even without statements of the parties reject the participation of the intervenor should it determine that the intervenor has no legal interest.

(2) Until the determination rejecting the participation of the intervenor becomes legally valid, the intervenor can participate in the procedure and his litigation activities cannot be excluded.

(3) A special appeal shall not be allowed against the decision of the court wherefore the participation of the invervenor is accepted.

Article 196

(1) The intervenor has to receive the litigation in such condition as it has been at the moment he intervenes in the litigation. In the further course of the litigation, he is authorized to point out proposals and undertake all other litigation activities in the time periods when such activities could have been undertaken by the party he has acceded.

(2) When the intervenor has entered in the litigation before the legal validity of the decision upon the petition, he shall be authorized to file an extraordinary legal remedy.

(3) If the intervenor files a legal remedy, a copy of his submission shall be delivered as well to the party he has acceded.

(4) The litigation activities of the intervenor on behalf of the party he has acceded shall have legal effect, unless against its activities.

(5) With the consent of both litigation parties, the intervenor can enter in the litigation on behalf of the party it has acceded.

Article 197

(1) If the legal effect of the verdict should refer to the intervenor as well, he shall have the position of a single co-litigant (Article 191).

(2) The intervenor in a position of a single co-litigant can file an extraordinary legal remedy even in the litigation where he did not participate as an intervenor until the decision upon the petition became legally valid.

Appointing an antecedent

Article 198

(1) At latest at the pre-trial hearing, and if a pre-trial hearing is not held then at the main contention before he enters the contention on the main issue, the person being sued as holder of an item or user of a right, who yet claims that he holds the item or exercises the right on behalf of a third party can summon through the court the referred third party (antecedent) to enter as a party in the litigation instead of himself.

(2) Consent from the plaintiff the antecedent to enter in the litigation instead of the defendant is only necessary if the plaintiff points out against the defendant such claims that do not depend on whether the defendant on behalf of the antecedent holds the item or exercises the right.

(3) If the duly summoned antecedent does not appear at the hearing or refuses to enter the litigation, the defendant cannot oppose his entry in the litigation.

Notifying a third party on the litigation

Article 199

(1) If the plaintiff or the defendant should notify a third party on the initiated litigation, in order to found certain civil action thereof, they can do so with a submission through the litigation court stating the reason for notifying and the state of the litigation, before the litigation closes in a legally valid manner,.

(2) The party having notified the third party on the litigation cannot due to that request termination of the initiated litigation, continuation of the time periods or postponement of the hearing.

Chapter sixteen

TERMINATION OF THE PROCEDURE

Article 200

The procedure shall be terminated when: 1) the party dies; 2) the party loses the litigation capacity, and has no attorney-in-fact in that procedure; 3) the legal representative of the party either dies or his representing authorization terminates, and the party has no attorney-in-fact in the procedure; 4) the party – legal entity ceases to exist, i.e. the competent body decides in a legally valid manner to prohibit the work; 5) legal consequences from opening a bankruptcy procedure occur; 6) both parties request so due to settling the dispute via mediation or in another manner; 7) there is war or other reasons appear that terminate the work of the court and 8) it is determined by another law.

Article 201

(1) Beside the cases particularly anticipated in this Law, the court shall determine termination of the procedure, when: 1) it decides not to decide on its own upon the previous issue (Article 11) and 2) the party is in an area which due to floods, other accidents and alike is cut off from the court.

(2) The court can determine termination of the procedure when the decision on the petition depends on whether a misdemeanor or a crime prosecuted ex officio has been committed, who is the offender and whether he is liable, and particularly when suspicion arises that the witness or the expert witness has given false statement or that the document used as evidence is false.

Article 202

(1) The termination of the procedure results in termination of all the time periods determined for performing litigation activities.

(2) During the termination of the procedure the court cannot undertake any activities in the procedure, but if the termination occurred after closing the main contention, the court can adopt a decision based on that contention.

(3) The litigation activities undertaken by one party against the other during the termination of the procedure have no legal effect. Their effect shall start as soon as the procedure continues.

Article 203

(1) The procedure terminated due to the reasons stated in Article 200 items 1 through 4 of this Law, shall continue when the inheritor or trustee of the residue, new legal representative, bankruptcy manager or legal successors of the legal entity takes over the procedure or when the court on a proposal of the opposing party calls them up to do so.

(2) If the court has terminated the procedure in accordance with Article 200 item 6 of this Law, the procedure shall continue on a request of one of the parties, and if there is no such request, the procedure shall continue upon the expiry of 45 days as of the day of the termination.

(3) If the court has terminated the procedure due to the reasons stated in Article 201 paragraph (1) item 1 and paragraph (2) of this Law, the procedure shall continue when the procedure in court or in another competent body is completed in a legally valid manner, or when the court finds that there are no longer reasons to wait for its completion.

(4) In all other cases a terminated procedure shall continue on a proposal of the party as soon as the reasons for the termination cease.

(5) The time periods which due to the termination of the procedure have been stopped, shall continue running from the beginning for the interested party, when the court submits the determination on procedure continuation.

(6) The determination on procedure continuation shall be served to the party that has failed to submit a proposal on procedure continuation, in accordance with the provisions of Article 137 of this Law.

Article 204

(1) The appeal against the determination establishing or prescribing termination of the procedure (Articles 200 and 201), shall not withhold the enforcement of the determination.

(2) If at a hearing the court has rejected the proposal on termination of the procedure and has decided the procedure to continue forthwith, no special appeal shall be allowed against that determination.

Chapter seventeen EVIDENCE AND EXHIBITION OF EVIDENCE

General provisions

Article 205

(1) Each party shall be obliged to state the facts and propose evidence on which it bases its claim or by which it abnegates the allegations and evidence of the opposing party.

(2) During the course of the procedure as soon as the court assesses that it is purposeful for resolving the dispute, it can , as soon as it remind the parties of their duty referred to in paragraph (1) of this Article, and particularly of the need of stating decisive facts and proposing certain evidence.

(3) Evidence about a fact being written in the language of the communities of the parties or in the language of other participants in the procedure, citizens of the Republic of Macedonia, cannot be rejected.

(4) The costs for translating such evidence shall be covered by the Budget of the Republic of Macedonia.

Article 206

(1) Substantiating shall include all the facts relevant for adopting a decision.

(2) The court shall decide on which of the proposed evidence shall be exhibited due to establishing the decisive facts.

Article 207

(1) The facts that the party has admitted in court during the course of the litigation shall not be substantiated, but the court can also order them to substantiate such facts if it considers that the party by admitting them would approach to disposing with a claim with which otherwise it cannot dispose (Article 3 paragraph (3)).

(2) The court, considering all the circumstances, according to its belief, shall assess whether it shall consider admitted or abnegated the fact having first been admitted by the party, and then completely or partially denied or limited by adding new facts.

(3) The facts whose existence is presupposed by law shall not be substantiated, but it can be substantiated that such facts do not exist, unless otherwise determined by law.

(4) Generally familiar facts shall not be substantiated.

Article 208

If based on the exhibited evidence (Article 8), the court cannot for sure confirm certain fact, the existence of the fact shall be concluded by applying the rules on burden of proof. Article 209

If it is determined that the party is entitled to the right to damage compensation, to monetary amount or to replaceable items, but the amount, i.e. quantity of the objects cannot be established or could be established only with disproportional difficulties, the court shall thereon decide by free assessment.

Article 210

(1) The evidence at the main contention shall be exhibited in front of the council, but the council can, due to important reasons, decide certain evidence to be exhibited in front of the president of the council or in front of a judge of the court whose assistance is requested (judge whose assistance is requested). In such case the minutes on the exhibited evidence shall be read at the main contention.

(2) The president of the council or the judge whose assistance is requested and who has been entrusted the exhibiting of certain evidence shall be authorized, if the parties have suggested so, to exhibit other evidence as well, if he considers that purposeful.

(3) When the council decides certain evidence to be exhibited in front of a judge whose assistance is requested, in the request for exhibiting the evidence the condition of the matters according to the course of the main contention shall be described and it shall be especially stated which circumstances shall be particularly considered when exhibiting the evidence.

(4) The parties, if they have not stated that they will be absent from the hearing, shall be notified on the hearing for exhibiting evidence in front of the president of the council or in front of the judge whose assistance is requested.

(5) The president of the council or the judge whose assistance is requested, when exhibiting the evidence shall have all the authorizations of the council, i.e. of the president of the council when the evidence is being exhibited at the main contention.

(6) A special appeal shall not be allowed against the court’s determination wherefore the exhibition of the evidence is entrusted to the president of the council or to the judge whose assistance is requested.

Article 211

(1) If according to the circumstances it can be suggested that certain evidence cannot be exhibited or it cannot be exhibited in reasonable time period, or if the evidence shall be exhibited abroad, in the determination on exhibiting the evidence the court shall establish a time period until which they shall wait for the evidence to be exhibited.

(2) When the established time period lapses, the contention shall be implemented regardless that the certain evidence has not been exhibited.

Inspection

Article 212 (1) Inspection shall be undertaken when direct note of the court is necessary for the purpose of determining certain fact or clarifying certain circumstance.

(2) The inspection can be performed as well by participation of expert witnesses.

Article 213

The council shall authorize the president of the council to perform inspection if the item that shall be inspected cannot be brought in court or its bringing would have resulted in significant costs, and the council considers that personal observance from all the council’s members is not necessary.

Article 214

If an item held by one of the parties, by a third party, state body or organization or other person or institution being entrusted to perform public authorization, should be inspected, the provisions of this Law on obtaining documents from these bodies or organizations shall be applied (Article 217, 218 and 219).

Documents

Article 215

(1) A document that in its prescribed form has been issued by a state body or state administration body within the limits of its competence, as well as a document issued in such form by an organization or other institution when performing public authorization being entrusted by law or decision of the municipality body based on law (public document), shall prove the authenticity of what is confirmed or established therein.

(2) Other documents that with special regulations in terms of their power of substantiating are equal with the public documents shall have the same power of substantiating.

(3) It is allowed to prove that in the public document the facts are falsely determined or that the document is incorrectly composed.

(4) If the court suspects the authenticity of the document, it can request the body, i.e. the institution it originates from, to declare upon it.

Article 216

Unless otherwise determined by an international agreement, foreign public documents regularly certified, under the condition of reciprocity, have the same power of substantiating as the national public documents.

Article 217

(1) The party shall be itself obliged to submit the document it calls upon as evidence in its allegations. (2) Verified translation shall be attached to the document composed in foreign language.

(3) If the document is at a state body or state administration body or at a legal entity or natural person performing public authorization and the party itself cannot affect the document to be handed in or shown, the court, on a proposal of the party, shall obtain the referred document.

Article 218

(1) When one of the parties calls upon a document and claims that it is held by the other party, the court shall summon the latter party to submit the document, determining certain time period.

(2) The party cannot reject the submitting of the document if itself has called upon the same document as evidence in its allegations within the procedure, or if it refers to a document that according to the law shall be handed in or shown, or if the document, in regard to its content, is considered mutual for both parties.

(3) In terms of the right of the party to reject the submitting of other documents, the provisions of Articles 222 and 223 of this Law shall be accordingly applied.

(4) When the party summoned to submit the document denies that it holds the document, the court can exhibit evidence in order to confirm this fact.

(5) The court, considering all the circumstances and it belief shall asses the significance of the situation when a party holding the document refuses to act according to the court’s determination ordering therefore to submit the document or when against the belief of the court it denies that it holds the document.

(6) A special appeal is not allowed against the court’s decision referred to in paragraph (1) of this Article.

Article 219

(1) The court can order a third party to submit a document only when obliged according to a law to show it or submit it, or when it refers to a document that according to its content is mutual for that person and the party that calls upon the referred document.

(2) Before it reaches a decision ordering the third party to submit the document, the court shall summon the third party to declare upon it.

(3) When the third party denies its duty to submit the document it holds, the court shall decide whether the third party is obliged to submit such document.

(4) When the third party denies that it holds the document, for the purpose of confirming this fact, the court can exhibit evidence.

(5) The legally valid determination on the obligation of a third party to submit the document can be enforced in line with the enforcement rules.

(6) The third party shall be entitled to compensation of the costs it has had in regard to submitting the documents. The provisions of Article 234 of this Law shall be accordingly applied in this case as well.

Witnesses

Article 220

(1) Each person summoned as witness shall be obliged to answer the summons, and unless otherwise determined by this Law, it shall be obliged to testify as well.

(2) Only persons capable of giving statements on the facts being substantiated can be heard as witnesses.

Article 221

A person, who with its statement would violate the duty to keep an official or military secret, cannot be heard as witness, until the competent body acquits him from the said duty.

Article 222

(1) A witness can refuse to testify: 1) on what the party as its attorney-in-fact has entrusted him; 2) on what the party or another person has confessed to the witness as religious confessor and 3) on facts the witness has acknowledged as an attorney at law, medical practitioner or when performing another profession or activity, if there is an obligation to keep as secret everything acknowledged while performing the referred profession or activity.

(2) The president of the council shall remind these persons that they can refuse to give their statements.

Article 223

(1) The witness can, not answer certain questions if he has important reasons for it, and particularly if his answer to those questions would expose him or his relatives by blood in direct line to whatsoever degree, and in indirect line to the third degree, his spouse or in-laws up to the second degree to shame, significant material damage or criminal prosecution, as well as when the marriage is terminated, the unwed partner, and the guardian or the person under guardianship, the adoptive parent or the adoptee.

(2) The president of the council shall remind the witness that he can, not answer the asked question.

Article 224

Due to risk of some kind of material damage the witness cannot refuse to testify on legal matters where he has been present as summoned witness, for the activities he has undertaken as legal antecedent or representative of one of the parties in regard to the disputed relation, for facts referring to material relations conditioned by family, marriage or unwed partnership, for facts referring to birth, concluding a marriage or death, as well as when based on special regulations he is obliged to file a report or give a statement.

Article 225

(1) The justification of the reasons for refusing to testify or answer certain questions shall be assessed by the court where the witness is supposed to testify. If necessary, the parties shall be previously heard thereon.

(2) The parties shall be entitled to a special appeal against the court’s determination referred to in paragraph (1) of this Article, and the witness can abnegate such determination in the appeal against the determination pronouncing a fine or imprisonment due to his refusal to testify or due to not answering certain question (Article 233 paragraph (2)).

Article 226

The party proposing certain person to be heard as witness, has to be previously assigned what he is testifying for and has to state his name and surname, occupation and temporary place of residence.

Article 227

(1) The summoning of the witness is performed by serving written summons stating the name and surname, occupation of the summoned, the time and place of appearance, the case he is summoned for and that he is summoned as witness. In the summons the witness shall be reminded of the consequences from unjustified absence (Article 233) and of the right to costs compensation (Article 234).

(2) The witnesses who due to old age, illness or serious physical impediments cannot answer the summons shall be heard in their home or in the place where they are located.

Article 228

(1) The witness shall be asked about its name and surname, father’s name, occupation, place of permanent, i.e. temporary residence, place of birth, age and relationship with the parties.

(2) The witness shall be previously reminded that he is obliged to speak the truth and cannot hide anything, and then he shall be warned of the consequences from giving a false statement.

(3) The witness shall be heard individually and without the presence of witnesses who shall later be heard. The witness shall be obliged to give the answers orally.

Article 229

(1) The witness shall be called up to state everything familiar about the facts he is supposed to testify for after the general questions, and then he can be asked questions for the purpose of checking, adding or clarifying the matters. It is not allowed to ask questions which already indicate the preferred answer.

(2) The witness shall always be asked how he knows what he testifies for. (3) The witnesses can be faced if their statements do not match in the important facts. The faced witnesses shall be separately heard about each circumstance they do not agree upon, and their answer shall be entered in the minutes.

Article 230

(1) The witness who is not familiar with the language of the procedure shall be heard through a court translator.

(2) If the witness is deaf, he shall be asked questions in writing, and if he is dumb he shall be requested to answer in writing. If the hearing cannot be performed in such manner, an interpreter who can understand the witness shall be summoned.

(3) The court shall remind the court translator, i.e. interpreter of his duty for authentic translation of the questions being asked to the witness and the statements given by the witness.

Article 231

(1) The court can decide the witness to take an oath on the statement he has given.

(2) The oath shall be taken orally by stating the following: “I swear to my honesty that I said the truth about everything the court has asked me and I have hidden nothing I knew regarding this matter.”

(3) The court can decide the witness to take an oath even before he is heard.

(4) Dumb witnesses who know how to read and write, shall take an oath in a manner that they sign the text of the oath, and the deaf witnesses read the text of the oath. If both, deaf and dumb witnesses cannot read and write, they shall take the oath through an interpreter.

(5) If certain witness is heard again, he shall not take an oath for the second time, but he shall be reminded of the already taken oath.

Article 232

(1) The witnesses who at the moment of their hearing are juveniles or cannot understand the meaning of the oath shall not take an oath.

(2) The parties and the witness have no right to appeal against the decision of the court ordering the witness to take or not to take an oath.

Article 233

(1) If the duly summoned witness does not appear, and he does not justify his absence or with no approval or justified reason he distances from the place where he should be heard, the court can order for him to be coercively brought in and to cover the costs for his bringing in, and he can also be fined in accordance with Article 10 paragraph (2) of this Law.

(2) If the witness appears and after he is reminded of the consequences he refuses to testify or to answer certain question, yet the court assesses that the reasons for his refusing are not justified he shall be fined in accordance with Article 10 paragraph (2) of this Law, and if he further on refuses to testify he shall be pronounced imprisonment. The imprisonment shall last until the witness agrees to testify or until his hearing is considered unnecessary, but one month at the longest.

(3) The appeal against the determination on fine or imprisonment shall not withhold the enforcement of the determination, unless the appeal abnegates the court’s decision adopting the witness’s reasons to testify or to answer certain question.

(4) On a request of the party the court shall decide that the witness is obliged to compensate the costs incurred due to the unjustified absence, i.e. unjustified refusal to testify.

(5) If the witness additionally justifies the absence, the court shall revoke its determination on the punishment, and it can completely or partially acquit the witness from compensating the costs. The court can revoke its determination on the punishment even when the witness additionally agrees to testify.

(6) Military persons and employees in the police cannot be taken in, but their command shall be notified on their refusal to testify in order to punish them. If it is necessary these persons to be coercively brought in due to their testimony, the court shall address their superior commander who shall order their bringing into court.

Article 234

(1) The witness shall be entitled to compensation of travel allowances and allowances for food and lodging, as well as compensation of the lost profit.

(2) The witness shall request compensation immediately after the hearing, or otherwise he shall lose that right. The court shall be obliged to remind the witness thereon.

(3) In the determination calculating the costs of the witness, the court shall establish the amount to be collected from the down payment, and if there has been no down payment, it shall order the party to pay the established amount to the witness within a period of eight days. The appeal against this determination shall not withhold the enforcement of the determination.

Expert witnesses

Article 235

(1) The court shall exhibit the evidence by providing expertise on a proposal of the party, when due to confirming or clarifying certain fact, professional knowledge that the court lacks is necessary.

(2) As an exception, the court shall exhibit evidence by providing expertise even without the proposal of the party, if when exhibiting certain evidence on disputed fact, the professional knowledge that the court lacks is necessary. Article 236

(1) Expert witnessing shall be performed by expert witnesses appointed by the litigation court.

(2) Before appointing who is going to be taken for the expert witnessing, the court shall hear the parties thereon. In urgent cases the court can appoint an expert witness although the parties have not been previously heard.

(3) The litigation court can authorize the president of the council or the judge whose assistance is requested to appoint expert witnesses, if they have been entrusted with the exhibit of the evidence by providing expert witnessing.

(4) Instead of the appointed expert witness the court can always appoint another expert witness.

Article 237

(1) Expert witnessing shall, as a general rule, be performed by a single expert witness, and when the court assesses that the expert witnessing is complex, it can appoint two or more expert witnesses.

(2) Expert witnesses shall be primarily appointed from among the existing court expert witnesses on certain type of expert witnessing.

(3) The expert witnessing can be entrusted to a professional institution (hospital, chemical laboratory, faculty and alike).

(4) If there are special institutions for certain types of expert witnessing (expert witnessing on false money, handwritings, dactyloscopic expert witnessing and alike), such expert witnessing, and especially more complex ones, shall be primarily entrusted to such institutions.

Article 238

(1) Appointed expert witnesses shall be obliged to answer the court summons and to state their finding and opinion.

(2) The court shall acquit the expert witness from the duty to testify, on his request, due to reasons wherefore the witness can refuse to testify or to answer certain question.

(3) The court can acquit the witness from the duty to testify, on his request, due to other justified reasons as well. Acquittal from the duty to provide expert witnessing can be requested by an authorized employee in the body or organization employer of the expert witness.

Article 239

(1) The expert witness can be exempted due to the same reasons why a judge or a lay judge can be exempted, yet a person previously heard as a witness can be taken as an expert witness.

(2) The party shall be obliged to file a request for exempting the expert witness as soon as it finds out there is a reason for exemption and at latest before the beginning of the exhibit of the evidence by providing expert witnessing. If before appointing the expert witness the court has heard the party regarding the character of the expert witness, the party shall be obliged to declare upon the exemption.

(3) In the request for exempting the expert witness, the party shall be obliged to state the circumstances on which it founds its request for exemption.

(4) The litigation court shall decide upon the request for exemption. The judge of the court whose assistance is being requested and the president of the council shall decide upon the exemption if they have been entrusted to exhibit the evidence by providing expertise.

(5) An appeal shall not be allowed against the determination adopting the request for exemption, and a special appeal shall not be allowed against the determination rejecting the request.

(6) If the party has found out about the reason of the exemption after the performed expert witnessing and thus objects the expert witnessing, the court shall act as if the request for exemption is filed before the completed expertise.

Article 240

(1) The court can fine, in accordance with Article 1 paragraph (2) of this Law, the expert witness who will not appear at the hearing although duly summoned, and who will not justify the absence, as well as the expert witness who with no justified reason refuses to provide expertise.

(2) The court can revoke the determination on the punishment, under the conditions of Article 233 paragraph (5) of this Law.

(3) On a request of the party, the court can with a determination order the expert witness to compensate the costs incurred due to the unjustified absence or unjustified refusal to provide expertise.

Article 241

(1) The expert witness shall be entitled to compensation of travel allowances and allowances for food and lodging, compensation of lost profit and costs for providing expert witnessing, as well as to a reward for the provided expert witnessing.

(2) In terms of costs compensation and reward of the expert witness, the provisions of Article 234 paragraphs (2) and (3) of this Law shall accordingly apply.

Article 242

The expert witnesses shall be summoned by serving written summons stating their name and surname, occupation of the summoned, the time and place of appearance, the case they are summoned for and that they are summoned as expert witnesses. In the summons the expert witness shall be reminded of the consequences of unjustified absence (Article 240) and the right to compensation of costs (Article 241).

Article 243

(1) Before the beginning of the expert witnessing, the expert witness shall be summoned to diligently inspect the subject of the witnessing, to precisely state everything noted and found and to state an opinion scrupulously and in accordance with the rules of the science and skill, and shall be reminded of the consequences for giving a false statement.

(2) Next, the expert witness shall be asked to state the name and surname, father’s name, type and degree of education, permanent, i.e. temporary place of residence, place of birth, age and relationship with the parties.

Article 244

(1) The court shall run the expert witnessing, shall mark for the expert witness the object to be inspected, shall ask him questions and, if necessary, shall ask for explanations in terms of the given finding and opinion.

(2) When approved by the court, the parties can ask questions to the expert witness as well.

(3) Clarifications can be provided for the expert witness and inspection of the records can be allowed. On a request of the expert witness, new evidence can be exhibited in order to confirm circumstances significant for the preparation of the expert witness’s opinion.

Article 245

(1) The expert witness shall submit his finding and opinion in writing to the court, in a time period determined by the court.

(2) The expert witness always has to elaborate his opinion.

(3) The court, if possible, shall submit to the parties the written finding and opinion before the hearing for their contention.

(4) After a completed expert witnessing, the expert witness can be heard orally at the hearing.

Article 246

(1) When several expert witnesses are appointed, they can submit joint finding and opinion when they agree upon it. If they do not agree in the finding and opinion, each expert witness shall state separate finding and opinion.

(2) When the data of the expert witnesses for their findings do not match in the essence, or if the finding of one or several expert witnesses is incomprehensible, incomplete or is contradictory to itself or to the examined circumstances, and such lacks cannot be removed, with a repeated hearing of the expert witnesses, the expertise shall be repeated with the same or other expert witnesses.

(3) When the opinion of one or several expert witnesses contains contradictions or lacks, or a grounded suspicion in the correctness of the given opinion arises, and such lacks or suspicions cannot be removed with repeated hearing of the expert witness, opinions from other expert witnesses shall be requested as well.

Article 247

A special appeal shall not be allowed against the court’s determination referred to in Article 236, 237 and 246.

Article 248

The provisions of Articles 236, 237 paragraph (2), Articles 238 through 242, Article 243 paragraph (2) and Article 247 of this Law, shall accordingly apply to translators and interpreters.

Hearing the parties

Articles 249

(1) On a proposal of the party, the disputable facts important for the decision of the court can be established by hearing the parties.

(2) The court can decide to exhibit evidence by hearing the parties even when there is no other evidence or when beside the exhibited additional evidence it finds it necessary for establishing important facts.

Article 250

(1) When the court is certain that the party, i.e. person supposed to be heard about the party is not familiar with the disputable facts, or if the hearing of that party is not possible, it can decide only to hear the other party.

(2) Also, the court can decide to hear only one party, if the other party refuses to give a statement or does not respond to the court’s summons.

Article 251

Exhibiting evidence by hearing the parties through the president of the council or the judge, whose assistance is requested, is allowed only if the party, due to irremovable obstacles cannot personally appear or if its appearance would cause disproportional costs.

Article 252

(1) For a party that lacks the litigation capacity its legal representative shall be heard. The court can decide instead or in addition to the legal representative to hear the party itself, if its hearing is possible. (2) The person, appointed to represent by law or by the rules, shall be heard on behalf of the legal entity.

(3) If several persons participate on one side as a party in the dispute, the court shall decide whether all these persons or only some of them will be heard.

Article 253

(1) The summons for the hearing where evidence will be exhibited by hearing the party shall be in person served to the party, i.e. to the person that will be heard on behalf of the party.

(2) If the party has an attorney-in-fact, the summons on the hearing where evidence will be exhibited by hearing the party or the person supposed to be heard on behalf of the party, shall be served to the attorney-in-fact, being obliged to notify the party about it.

(3) The summons referred to in paragraphs (1) and (2) of this Article shall state that evidence will be exhibited at the hearing where the parties will be heard, and that the party that will appear at the hearing can be heard in absence of the other party.

Article 254

(1) No coercive measures against the party that has not responded to the court’s summons for hearing can be applied, nor can the party be forced to give a statement.

(2) Considering all the circumstances, the court shall asses the significance of the fact that the party has not appeared on the hearing or has refused to give a statement (Article 250 paragraph (2)).

Article 255

The evidence by hearing the parties shall be exhibited without taking an oath.

Article 256

The provisions on exhibiting evidence with witnesses shall be applied also when exhibiting evidence by hearing the parties, unless otherwise prescribed for hearing the parties.

Chapter eighteen

PROVIDING EVIDENCE

Article 257

(1) When there is justified fear that it would not be possible to exhibit certain evidence or that its later exhibition would be hindered, it can be proposed to exhibit such evidence as well during and also before initiating the procedure.

(2) No evidence by hearing the parties can be exhibited in the procedure for providing evidence. (3) Providing evidence can also be requested after the decision that closes the procedure becomes legally valid, if it is necessary before or during the course of the procedure upon extraordinary legal remedies.

Article 258

(1) If the proposal on providing evidence is given during the course of the litigation procedure, the court where the procedure is ongoing shall be competent to act.

(2) When provision of evidence is requested before initiating the procedure, as well as in urgent cases when the procedure is ongoing, competent shall be a court of first instance in the area of which are the objects that shall be inspected, i.e. the court in which area is the person who shall be heard.

(3) The president of the council or the sole judge conducting the procedure shall decide on the proposal referred to in paragraph (1) of this Article, while in the cases of paragraph (2) of this Article it shall be the sole judge of the competent court.

Article 259

The person submitting the proposal shall be obliged to state the facts to be substantiated, the evidence to be exhibited and the reasons why he considers the evidence cannot be later exhibited or that their exhibition will be hindered in the submission requesting provision of evidence. The name and surname of the opposing party shall be stated in the submission, unless it is unfamiliar due to the circumstances.

Article 260

(1) The submission containing proposal on providing evidence shall be as well served to the opposing party, if familiar. If there is risk of postponement, the court shall decide upon the proposal even without previous statement from the opposing party.

(2) In the determination adopting the proposal, the court shall schedule the hearing on exhibiting evidence, shall state the facts wherefore evidence is being exhibited, as well as the evidence being exhibited, and if necessary it shall assign expert witnesses.

(3) If a submission containing proposal on providing evidence has not been previously served to the opposing party, it shall be served together with the court’s determination adopting the proposal on providing evidence.

(4) The court can assign temporary representative (Article 76) to the opposing party being unfamiliar or with unfamiliar place of temporary residence, for the purpose of participating in the hearing. An announcement is not necessary to be published for such assigning.

(5) In urgent cases the court can determine the exhibition of evidence to begin even before the determination adopting the proposal on providing evidence is served to the opposing party.

(6) No appeal shall be allowed against the court’s determination adopting the proposal on providing evidence, as well as against the determination upon starting the exhibition of evidence before the determination is served to the opposing party.

Article 261

(1) If the evidence is exhibited before a procedure is initiated, the minutes on the exhibition of evidence shall be kept in the court where the evidence is exhibited.

(2) If the procedure is ongoing, and the provision of evidence has not been performed by the litigation court, the minutes shall be delivered to the litigation court.

Chapter nineteen

PREPARING A MAIN CONTENTION

Article 262

(1) The preparations of the main contention shall begin after receiving the lawsuit.

(2) These preparations shall include prior review of the lawsuit, serving the lawsuit to the defendant to respond, holding a pre-trial hearing and scheduling a main contention.

(3) The president of the council shall head the preparation of the main contention.

(4) During the course of the preparation of the main contention, the parties can deliver submissions stating the facts they intend to present at the main contention, as well as the evidence whose exhibition they intend to propose.

Article 263

(1) During the course of preparing the main contention until the hearing on the main contention, the president of the council shall be authorized to decide upon: entering of the antecedent in the litigation, participation of the intervenor, provision of evidence, alteration of the lawsuit, costs of the procedure in case of withdrawing the lawsuit, termination of the procedure, temporary measures for securing, adhering procedures, separating procedures, establishing or continuing court deadlines, scheduling or postponing main hearings, reinstatement due to missing a deadline or hearing for exempting the party from payment of costs in the procedure, securing litigation costs, down payment of costs for undertaking certain actions in the procedure, assigning temporary representative, service of court’s writs, measures for correcting the submissions, the letters of attorney being duly, as well as all issues referring to conducting the procedure.

(2) No special appeal shall be allowed against the decisions adopted by the president of the council during the course of the preparation of the main contention, yet referring to governing the procedure.

Article 264

During the preparation of the main contention the president of the council can reach a verdict due to not filing a response to the lawsuit, verdict based on an admission, verdict based on denial and verdict due to absence and can include the settlement of the parties in the minutes.

Prior review of the lawsuit

Article 265

After prior review of the lawsuit the president of the council shall be authorized to adopt the determinations referred to in Article 263 of this Law, unless it refers to issues which due to the nature of things or according to the provisions of this Law allow adopting a decision in the further course of the procedure.

Article 266

When it is confirmed that the lawsuit is incomprehensible or incomplete or that there are serious lacks referring to the capacity of the plaintiff or of the defendant to be parties in the procedure, or lacks in regard to the legal representation of the party, or lacks referring to the authorization of the representative to initiate a procedure for which such authorization is necessary, the president of the council shall undertake the necessary measures anticipated in this Law (Articles 75 and 101), for the purpose of removing these lacks.

Article 267

(1) Upon prior examination of the lawsuit, the president of the council shall adopt a determination dismissing the lawsuit, should he establish that the deciding upon the petition is not part of the court’s competence (Article 15) or that the lawsuit is not filed on time, unless a time period for filing a lawsuit has been determined by special regulations.

(2) The president of the council shall adopt a determination by which the court pronounces itself incompetent (Articles 15 and 20) and cedes the case to the competent court.

Article 268

If it is considered that there are not enough grounds to adopt a decision upon certain question posed during the course of the prior examination of the lawsuit, the president of the council shall leave this question to be decided upon after receiving response to the lawsuit or at the pre-trial hearing.

Response to a lawsuit

Article 269

(1) The lawsuit with the enclosures shall be served to the defendant to respond. The summons, including the lawsuit, shall remind the defendant that he is obliged to submit written response to the lawsuit in a time period determined by the court, which cannot be shorter than 15 days as of the service of the lawsuit, and can it be longer than 30 days as of the day of the receipt of the lawsuit. In the summons, the court shall be obliged to remind the defendant of the legal consequences from not giving written response to the lawsuit in the determined period (Article 319).

(2) As an exception, if requested by the special conditions for that case, and especially if necessary for deciding upon the proposal for determining temporary measure, the court can forthwith schedule a hearing and order a copy of the lawsuit to be served to the defendant.

Article 270

(1) In the response to the lawsuit, the defendant can declare upon the claims and allegations in the lawsuit and can propose evidence supporting those allegations.

(2) If the defendant abnegates the petition, he shall be obliged to state the facts on which he bases the allegations and the evidence confirming such facts in the response to the lawsuit. With the response to the lawsuit, the defendant shall be obliged to enclose the documents he calls upon, if it is possible.

(3) After receiving the response to the lawsuit, the president of the council, i.e. the sole judge, in regard to the proposals and allegations of the parties, shall assess whether he shall schedule pre-trial hearing or immediately a hearing for the main contention.

(4) After receiving the response to the lawsuit, if the court confirms that the factual condition between the parties is not disputable and that there are no other obstacles for adopting a decision, it can adopt a decision even without holding a hearing.

(5) After receiving the response to the lawsuit, the court may bring all the determinations it can even upon prior review the lawsuit.

Pre-trial hearing

Article 271

After receiving the response to the lawsuit or after the expiry of the time period for filing response to the lawsuit, the court shall at latest within 15 days schedule a pre-trial hearing.

Article 272

(1) A pre-trial hearing shall be scheduled so as to leave the parties enough time to prepare, which shall be at least eight days after receiving the summons.

(2) In the summons for the pre-trial hearing the parties will be ordered to bring all the documents they use as evidence at the hearing, as well as all the items that shall be inspected in court.

(3) In the summons for the pre-trial hearing the court shall point the consequences from not appearing at the pre-trial hearing to the parties, as well as that they are obliged on the first hearing for the main contention at latest to state all the facts being basis for their allegations and to propose all the evidence confirming the facts and submit all the documents and items they intend to use as evidence.

(4) If it is necessary to obtain acts, documents or items held by the court or other state body, state administration body, body of the local self-government unit or by natural person or legal entity being entrusted the performance of public authorizations for the pre-trial hearing, the court can order, if the parties have proposed so, such acts, documents, i.e. objects to be obtained.

Article 273

(1) The pre-trial hearing shall open by reading the lawsuit, followed by the defendant stating the response to the lawsuit.

(2) When necessary, the president of the council shall request the parties to elaborate in terms of their allegations or proposals.

(3) If the party or the party’s legal representative is not in condition to clearly and precisely state upon the case being disputed, and has no attorney-in-fact, the president of the council or the sole judge shall point to the need to appoint an attorney-in-fact.

(4) If the party is not in situation to immediately authorize an attorney-in-fact, the president of the council or the sole judge shall on its proposal postpone the hearing, but for no longer than 15 days.

Article 274

(1) At the pre-trial hearing previously shall be discussed about the issues referring to the obstacles for the further course of the procedure, regardless whether the president of the council after reviewing the lawsuit postpones the deciding upon these issues, regardless whether they are stated in the response to the lawsuit or at the pre-trial hearing. When necessary, evidence can be exhibited upon these issues on the pre-trial hearing.

(2) Beside the determination being authorized to adopt upon prior examination of the lawsuit, at the pre-trial hearing the president of the council shall also adopt a determination to dismiss the lawsuit, should it be established that litigation is already ongoing upon the petition, that a legally valid verdict has already been reached upon the issue, that court settlement has been concluded for the subject of the case or that there is no legal interest of the defendant to file a declaratory lawsuit.

(3) If the president of the council does not adopt the objection that there is an obstacle for conducting the procedure referred to in paragraph (2) of this Article, the dispute shall continue, and the council shall adopt a decision upon the objection, together with the decision on the main issue, except in case of objection to the local competence.

(4) At the pre-trial hearing the president of the council shall have all the authorizations entrusted to the president of the council and to the council at the main contention, in regard to the governing of the procedure.

Article 275

(1) When the court finds that there are no obstacles for further conduct of the procedure, according to the results from disputing at the pre-trial hearing, it shall decide which of the proposed witnesses and expert witnesses shall be summoned at the main contention and which other evidence shall be obtained. At a main contention, the council shall decide which of the proposed evidence shall be exhibited. (2) Unless the court adopts the proposals of the parties regarding the evidence, the parties can repeat their proposals at the main contention.

Article 276

(1) If one of the parties has proposed some dubious facts to be confirmed by expert witnessing, the court shall appoint one or several expert witnesses, shall decide upon a request for exempting the expert witness, if such request is filed, and shall summon one or both parties to deposit the amount necessary for covering the costs for providing expert witnessing.

(2) On a proposal of the parties, the president of the council can determine performance of inspection out of the court, if necessary.

(3) If the inspection is supposed to be performed with participation of expert witnesses, the court shall appoint expert witnesses.

Article 277

(1) If the duly summoned plaintiff does not appear at the pre-trial hearing, and does not justify his absence, it shall be considered that the lawsuit is withdrawn, if the defendant agrees so, and if the defendant is not present, the lawsuit shall be considered as withdrawn if within eight days as of receiving the notification on withdrawal the defendant has not declared against.

(2) If the duly summoned defendant does not appear at the pre-trial hearing, and does not justify the absence, and there are no conditions to reach a verdict due to absence, the court shall contend with the present party.

(3) If whatsoever party does not appear at the pre-trial hearing, and it does not justify its absence, the hearing shall be postponed.

Scheduling hearing for main contention

Articles 278

(1) At the pre-trial hearing the court shall schedule the date and hour of holding the hearing on the main contention, the evidence to be exhibited, the witnesses and expert witnesses to be summoned at the main contention.

(2) The court shall remind the parties of the consequences from their absence from the main contention.

(3) The court can determine the main contention to be held immediately after the pre-trial hearing.

Chapter twenty

MAIN CONTENTION Course of the main contention

Article 279

The president of the council, i.e. the sole judge shall open the main contention and shall announce the subject of the contention. Then he shall establish whether all the summoned persons have appeared, and if they have not, he shall check whether they have been duly summoned or have justified their absence.

Article 280

(1) If the duly summoned plaintiff does not appear at the first or any further hearing for the main contention, and he does not justify his absence, the lawsuit shall be considered withdrawn in accordance with Article 277 paragraph (1) of this Law.

(2) If the defendant does not appear at the first hearing for the main contention, and he has not justified his absence and there are no conditions to reach a verdict due to his absence, as well as when the defendant is absent from some later hearing, the contention can be held.

Article 281

Unless a pre-trial hearing is held, the sole judge shall act in accordance with Article 272 paragraphs (3) and (4) of this Law.

Article 282

(1) Unless a pre-trial hearing has been held, the first hearing for the main contention shall open by reading the lawsuit, followed by the defendant answering the allegations in the lawsuit.

(2) If pre-trial hearing has been held before the main contention, the president of the council shall introduce the council to the course and the results of this hearing. The parties can add to the addressing of the president of the council.

(3) During the further course of the contention it shall be contended about the proposals of the parties and the factual allegations by which the parties elaborate their proposals, i.e. abnegate the proposals of the opposing party, as well as about the evidence offered on their part, the evidence shall be exhibited and the results of their exhibition shall be discussed.

(4) The parties can state their legal views referring to the subject of the dispute.

(5) When this Law anticipates that the party can point out certain objection or proposal or can undertake other litigation activity before the defendant enters the dispute for the main contention, such objection, i.e. proposal can be pointed out by the party, i.e. it can undertake other litigation activity, before the defendant completes his statement upon the response to the lawsuit.

Article 283

(1) The president of the council shall pay attention that acceptable evidence is exhibited during the course of the main contention.

(2) The president of the council, by asking questions and in another purposeful manner, shall mind that all the decisive facts are stated during the course of the main contention, that the incomplete allegations of the parties upon important facts are completed, that the additional means referring to the allegations of the parties are marked or supplemented and that generally all the clarifications necessary for confirming the factual condition important for the decision are given. If necessary, the court can clarify the legal matters of the dispute with the parties.

Article 284

(1) If a pre-trial hearing has not been held, at the first hearing on the main contention each party in its statement shall point out all the facts necessary for elaborating its proposals, offer evidence necessary to establish its allegations, as well as declare upon the allegations and proposed evidence of the opposing party.

(2) The parties can, during the course of the main contention, state new facts and propose new evidence only if they render it probable that it was not their fault they were not in condition to state, i.e. propose them at the first hearing for the main contention.

(3) The parties can address submissions in which they shall state the facts and evidence they propose at the pre-trial hearing or at the first hearing on the main contention, at the latest.

Article 285

(1) The exhibition of evidence shall be established by the council, i.e. the sole judge with a determination, wherefore the dubious fact for which the evidence and substantiating means shall be exhibited is stated.

(2) The proposed evidence not considered important for the decision, shall be rejected by the council i.e. the sole judge, and the reason shall be stated in the determination.

(3) A special appeal shall not be allowed against the determination allowing or rejecting exhibition of evidence.

(4) In the further course of the procedure, the court shall not be bound to its previous determination on exhibition of evidence.

Article 286

(1) If the party objects that the deciding upon the petition is not within the court’s competence, that the court is not actually nor locally competent, that a procedure is already ongoing upon the same petition, that verdict has been reached upon the matter in a legally valid manner, that a court settlement has been concluded upon the case, the court shall decide whether it will discuss upon such objections and will decide separately or together with the main issue.

(2) If the court does not adopt the objection referred to in paragraph (1) of this Article, being discussed together with the main issue, or if the court after the separate discussion does not adopt the objection and decides immediately to continue the main contention, the determination on the objection shall be inserted in the decision on the main issue.

(3) A special appeal shall not be allowed against the determination rejecting the objections of the parties, if the court has decided to immediately continue the contention on the main issue.

(4) The provisions of paragraphs (1), (2) and (3) of this Article shall be applied even when the court ex officio decides, separately from the main issue, to discuss whether the issue is within the court’s competence, whether the court is actually competent, whether there is an ongoing procedure, whether a legally valid verdict has already been reached upon the issue, whether the plaintiff has waived the petition in the court, as well as whether a court settlement has been concluded upon the subject of the contention.

Article 287

(1) When the president of the council completes the hearing of certain witness, expert witness or a party, the members of the council can directly ask this person questions.

(2) The party and its legal representative or attorney-in-fact can directly ask questions to the opposing party, witnesses and expert witnesses with an approval from the president of the council.

(3) The president of the council shall prohibit the party to ask or answer certain question, if the question already contains the preferred answer or the question does not refer to the case.

(4) If the president of the council prohibits asking or answering certain question, the party can request the council to decide upon it.

(5) On a request of the party the rejected question, as well as the question prohibited to be answered, shall be inserted in the minutes.

Article 288

(1) The heard witnesses and expert witness shall remain in the court room, if the president of the council, does not completely dismiss them or does not allow them to leave or does not order their temporary removal from the court room after the parties have given their statements.

(2) The president of the council can determine the heard witnesses to be called up later again and to be heard in the presence or absence of other witnesses and expert witnesses.

Closing statements

Article 289

After exhibiting all evidence, both parties, starting from the plaintiff, shall have the right to briefly address the court with their closing statements, summing up the legal and factual aspects of the case. Article 290

(1) When the council considers the case to be disputed so that a decision can be adopted, the president of the council shall announce that the main contention is closed, and then the council shall withdraw for counseling and voting for the purpose of adopting a decision.

(2) The council can decide to close the main contention even when certain acts containing evidence necessary for deciding are still to be obtained or when it shall be waited for the minutes on the evidence exhibited by the judge whose assistance is requested, while the parties withdraw from the contention upon such evidence.

Article 291

(1) During the course of the counseling and voting the council can decide to re-open the closed main contention if it is necessary for the purpose of supplementing the procedure or clarifying certain more important issues.

(2) The re-opened main contention in accordance with paragraph (1) of this Article has to end at latest within 30 days as of the day of its re-opening.

Publicity of the main contention

Article 292

(1) The main contention shall be public.

(2) Only adults can be present at the contention.

(3) The persons present at the contention cannot carry weapons or dangerous arms.

(4) The provision of paragraph (3) of this Article does not refer to members of the court police and security of persons participating in the procedure.

Article 293

(1) The council can exclude the public during the whole main contention or during one part of it, if so requested by the interests of keeping an official, business or personal secret, the interests of the public order or the moral reasons.

(2) The council can exclude the public even in case when the measures for keeping the order, anticipated by his Law, would not be able to provide incessant holding of the contention.

Article 294

(1) Excluding the public does not refer to parties, their legal representatives, attorneys-in-fact or intervenors.

(2) The council can allow presence of certain official persons, as well as scientific and public workers at a main contention from which the public has been excluded, if it is in the interest of their service, i.e. scientific or public activity.

(3) Upon a request of the party, the court can allow presence at the contention of at most two persons it appoints.

(4) The president of the council shall remind the persons present at the contention, from which the public has been excluded, that they are obliged to keep as secret everything they learn during the contention and shall be reminded of the consequences of revealing a secret.

Article 295

(1) The council shall decide upon the exclusion of the public with a determination, elaborated and released in the public.

(2) A special appeal shall not be allowed against the determination on excluding the public.

Article 296

The provisions on the publicity of the main contention shall be accordingly applied at the pre- trial hearing, at the hearing out of the main contention with the president of the council, as well as at the hearing with the judge whose assistance is required.

Heading the main contention

Articles 297

(1) The president of the council, i.e. the sole judge shall head the main contention, interrogate the parties, exhibit evidence, give word to the members of the council, the parties, their legal representatives and attorneys-in-fact and shall publish the decisions of the council.

(2) It is duty of the president of the council, i.e. the sole judge, to pay attention that the subject of the dispute is searched from all aspects, but thus the procedure is not postponed and the contention is possible to be completed in a single hearing.

(3) If the person participating in the contention opposes certain measure from the president of the council referring to the managing of the contention or to certain question asked by the president of the council, a member of the council or other person participating in the procedure, the council shall decide upon such objection.

(4) The court shall be bound to its determination referring to managing the contention.

(5) A special appeal shall not be allowed against the determination referring the managing of the contention.

Article 298

(1) Out of the hearing for the main contention the president of the council, i.e. the sole judge shall adopt a determination on correcting the submission, appointing temporary representative, the letter of attorney being duly, on down payment for costs for undertaking certain actions in the procedure, on exemption from paying procedure costs, on providing litigation costs, on service of court’s writs, on providing evidence, on temporary measures for securing, for terminating the procedure, the costs for the procedure in case of withdrawing the lawsuit, on scheduling hearings and their postponement, on adhering procedures as well as determining deadlines and their continuation.

(2) The president of the council, i.e. the sole judge, shall also be authorized to determine certain corrections and additions to be performed, after receiving the minutes on the exhibition of evidence with the judge whose assistance is requested.

(3) Out of the hearing for the main contention, the president of the council, i.e. the sole judge shall be authorized to reach a verdict based on admitting, i.e. verdict based on denying, as well as to receive minutes on court settlement following the statement of the defendant, i.e. the plaintiff given in writing or orally to the minutes at the litigation court.

Article 299

(1) If several litigations between same persons are ongoing in the same court, or if the same person is opposing party to different plaintiffs and defendants, all these litigations can be adhered with a council’s determination for the purpose of joint contend, if it would accelerate the contend and decrease the costs. For all the adhered litigations the court can reach a joint verdict.

(2) For the purpose of joint contend with council, it can determine adhering of several litigations even when a sole judge of the same court is competent for some of them.

(3) The council can determine separate contention on certain claims in the same lawsuit and after closing a separate contention it can adopt separate decisions upon such claims.

Article 300

(1) When the council decides to postpone the hearing for the main contention, the president of the council shall mind that at the following hearing all the evidence whose exhibition is determined for that hearing are obtained, as well as to perform other preparations so that the contention can be completed at the hearing.

(2) When the hearing is postponed, the president of the council shall announce to the present the date and hour of the next hearing. No special appeal shall be allowed against the determination for which the court orders postponement of the hearing or rejects the proposals of the parties for postponing the hearing.

Article 301

(1) In case the hearing is postponed, if possible new hearing shall be held with the same council.

(2) If the new hearing is held with the same council, the main contention shall continue and the president of the council shall briefly state the course of the previous hearings, yet the council can decide the contention to commence from the beginning.

(3) If the hearing is held with an altered council, the main contention has to commence from the beginning, but the council can, as soon as the parties declare so, decide not to hear the witnesses and expert witnesses again and not to perform new inspection, but to read the minutes from the exhibition of such evidence.

Article 302

In accordance with Article 10 paragraph (2) of this Law, during the procedure, the court can punish the party, the legal representative, attorney-in-fact or intervenor, who with their litigation activities has abused the rights recognized by this Law.

Maintaining order at the main contention

Article 303

It is duty of the president of the council to maintain the order in the court room and the dignity of the court during the main contention.

Article 304

(1) If the person participating in the procedure or the person present as listener at the contention, assaults the court or the other participants in the procedure, disturbs the work and does not obey the orders from the president of the council for maintaining the order, the president of the council shall warn them. If the warning is unsuccessful, the council can remove the warned person from the court room or can fine such person in accordance with Article 10 paragraph (2) of this Law, and it can both remove and fine the person.

(2) If the party is removed from the court room, the hearing shall be held in its absence as well.

(3) If the attorney-in-fact is removed from the court room, the council shall on a request of the party postpone the hearing, and if the party is not present at the hearing, the council shall always postpone the hearing and notify the party that its attorney-in-fact is removed from the hearing due to violating the order. The costs for the postponed hearing shall be borne by the attorney-in-fact.

(4) When the court fines or removes an attorney at law or paralegal in role of attorney-in-fact from the court room, it shall thus notify the Bar Association of the Republic of Macedonia.

(5) The appeal against the determination on the fine or removal from the court room shall not withhold the enforcement of the determination.

Article 305

If the public prosecutor, i.e. the person substituting it, violates the order, the president of the council shall notify the Public Prosecutor’s Office of the Republic of Macedonia, and the council can postpone the hearing and request it to appoint another person to participate in the litigation.

Article 306 The authorizations of the president of the council and the council in regard to maintaining the order at the main contention shall be entrusted to the president of the council at the pre-trial hearing and at the hearing outside the main contention, as well as to the judge whose assistance is requested.

Chapter twenty-one

COURT SETTLEMENT

Article 307

(1) The parties during the course of the whole procedure can settle upon the subject of the dispute (court settlement).

(2) The settlement can refer to the whole petition or only to a part of it.

(3) The court, during the course of the procedure, shall point the parties to the possibility for court settlement and shall help them conclude a settlement.

(4) No settlement can be concluded in the court in terms of the claims which cannot be at disposal of the parties (Article 3 paragraph (3)).

(5) When the court of first instance adopts a determination which does not allow settlement of the parties, it shall cease the procedure until this determination becomes legally valid.

Article 308

(1) The settlement agreement of the parties shall be inserted in the minutes.

(2) The settlement shall be deemed concluded when the parties sign the minutes after the minutes on settlement is read to them.

(3) The parties, on their request, shall be issued certified copy of the minutes where the settlement is inserted.

Article 309

During the course of the whole procedure, the court shall ex officio mind whether a procedure is being conducted on a subject for which a court settlement has been previously concluded, and should it determine that a procedure is ongoing regarding a process for which a court settlement has already been concluded, it shall dismiss the lawsuit.

Article 310

(1) The person who intends to file a lawsuit can attempt to reach a settlement, through the court of first instance in the area where the opposing party has its permanent, i.e. temporary place of residence.

(2) The court where such proposal is addressed shall summon the opposing party and introduce it to the settlement proposal.

(3) The costs for this procedure shall be covered by the person submitting the proposal.

Chapter twenty-two

VERDICT

Article 311

(1) The court shall decide upon the main issue and the secondary claims, by a verdict.

(2) If there are several claims, as a general rule, the court shall decide upon all those claims with a single verdict.

(3) If several litigations are adhered for the purpose of joint contention, and only a single litigation has reached a phase for adopting a final decision, verdict can be reached only in regard to that litigation.

Article 312

(1) The court can order the defendant to perform certain action, only if it is due before the closing of the main contention.

(2) If the court adopts a claim for support it can also bound the defendant to actions that are not due.

(3) The verdict by which the defendant is obliged to hand in or take over loaned or leased items can be adopted before the termination of those relations.

Article 313

If the plaintiff requested in the lawsuit to be ruled certain items, and at the same time in the lawsuit or before the closing of the main contention has stated that is agreed instead of the item to receive certain financial amount, the court, should it adopt the petition, shall pronounce in the verdict that the defendant can be exempted from giving the item if the referred financial amount is paid.

Article 314

(1) When in the verdict the party is ordered to perform certain action, a time period shall be determined when it shall complete the referred action.

(2) Unless otherwise determined with special regulations, the time period for performing the action shall be 15 days, but for actions not consisting of monetary payments, the court can determine longer time period. In the disputes on bills of exchange and cheques this time period shall be eight days.

(3) The time period for performing the action shall start running as of the first day after the service of the verdict to the party being ordered its performance.

Partial verdict

Article 315

(1) If only several out of the most petitions have reached a phase for adopting a final decision based on a contention, or if only part of the petition has reached a phase for adopting a final decision, the court can, in regard to such petition, i.e. part of the petition, close the contention and reach a verdict (partial verdict). During the assessment whether to reach partial verdict the court shall particularly consider the scope of the petition or part of the petition that has reached a phase for adopting a decision.

(2) The court shall be obliged, with no postponement, to reach partial verdict, if based on admitting or denying several pointed petitions only a few have reached a phase for adopting a final decision, or only some part of the petition has reached a phase for adopting a decision.

(3) If the petition referring to several co-litigants (Article 190) has reached a phase for adopting a final decision based on admitting or denying against one of the co-litigants, or if one of the several petitions referring to different co-litigants has reached a phase for adopting a final decision based on admitting or denying, the court shall be obliged to reach a partial verdict only against the co-litigant it refers to.

(4) The court can reach partial verdict in the case referred to in paragraph (1) of this Article, i.e. it is obliged to reach a partial verdict in the cases of paragraphs (2) and (3) of this Article even when countersuit has been filed, if the claim from the lawsuit or countersuit has reached a phase for adopting a decision.

(5) In regard to legal remedies and enforcement, the partial verdict shall be considered as an independent verdict.

(6) In case of appeal against partial verdict, the court shall copy the acts from the case and together with the copy of the decision and the appeal and the response to the appeal shall serve them to the court of second instance, and the procedure in regard to the claims or the part of the claim still not decided upon shall continue. The court of first instance shall also act in the same manner when extraordinary legal remedy is filed against the partial verdict.

(7) The court shall also act in accordance with the provisions of paragraphs (1), (2) and (3) of this Article in case of adhering two or more litigations for the purpose of joint contention and decision.

Interlocutory verdict

Article 316

(1) If the defendant abnegates both the basis of the petition and the amount of the petition, and in regard to the basis the matter has reached a phase for adopting a decision, the court can, due to purposefulness, first reach a verdict only for the basis of the petition (interlocutory verdict). (2) Until the interlocutory verdict becomes legally valid the court shall cease the discussion in regard to the amount of the petition.

Verdict based on admitting

Article 317

(1) If the defendant until the closing of the main contention admits the petition, the court shall without further contending reach a verdict by which the petition is adopted (verdict based on admitting).

(2) The court shall not reach a verdict based on admitting even when the necessary conditions are met, if it finds that it comes to a matter the parties cannot dispose with (Article 3 paragraph (3)).

(3) Reaching a verdict based on admitting shall be postponed if it is necessary to previously obtain the notifications on the circumstances referred to in paragraph (2) of this Article.

(4) The admitting of the petition, at a hearing or in a written submission, can be revoked by the defendant even without the consent of the plaintiff before the verdict is reached.

Verdict based on denying

Article 318

(1) If the plaintiff, before the closing of the main contention waives the petition, the court shall without further contending reach a verdict by which the petition is dismissed (verdict based on denying).

(2) No consent from the plaintiff is necessary for waiving the petition.

(3) The court shall not reach a verdict based on denying even when the necessary conditions are met, should it find that it comes to a petition the parties cannot dispose with (Article 3 paragraph (3)).

(4) Reaching a verdict based on denying shall be postponed if necessary to previously obtain notifications on the circumstances referred to in paragraph (3) of this Article.

(5) The plaintiff can revoke the waiving of the petition at a hearing or in a written submission, before reaching a verdict without the consent of the defendant.

Verdict due to not filing response to a lawsuit

Article 319

(1) If the defendant does not file a response to the lawsuit in the determined time period, the court shall reach a verdict by which it adopts the petition (verdict due to not filing response to a lawsuit), should the following conditions be met: 1) the defendant was duly served with the lawsuit and the summons for giving response to the lawsuit; 2) the grounds of the petition result from the facts listed in the lawsuit; 3) the facts on which the petition is based are not contrary to the evidence submitted by the plaintiff or to the generally known facts and 4) there are no generally known circumstances from which it results that the defendant due to justified reasons was prevented from filing response to a lawsuit.

(2) Verdict shall not be reached due to not filing response to a lawsuit even when the conditions from paragraph (1) of this Article are fulfilled, if the court finds that it comes to matters the parties cannot dispose with (Article 3 paragraph (3)).

(3) Reaching a verdict due to not filing a response to a lawsuit shall be postponed if it is necessary to obtain notifications on the circumstances referred to in paragraph (2) of this Article.

(4) If the facts stated in the lawsuit do not result in grounds for the petition, the court shall hold a pre-trial hearing and if the plaintiff does not alter the lawsuit at that hearing, it shall reach a verdict by which the petition is dismissed.

(5) Reaching a verdict due to not filing a response to a lawsuit can be postponed even if there is no evidence that the defendant has been duly served with the lawsuit and the summons for giving response to the lawsuit, and there is no doubt that he has been. In such case the court shall determine time period which cannot exceed 30 days, for service in the Republic of Macedonia, i.e. not exceeding six months for service abroad, to check whether the lawsuit and the summons to respond to a lawsuit have been duly served to the defendant. If it is confirmed that in that period the writs have been duly served to the defendant, the court shall reach a verdict due to not filing a response to a lawsuit.

(6) No special appeal shall be allowed against the determination of the court by which the proposal of the plaintiff for reaching a verdict due to not filing a response to a lawsuit is rejected.

(7) In the cases referred to in paragraphs (3) and (5) of this Article, the verdict due to not filing a response to a lawsuit can be reached even without hearing the parties.

Verdict due to absence

Article 320

(1) When the defendant in the response to the lawsuit does not abnegate the petition, or does not appear at the pre-trial hearing until its closing, or at the first hearing for the main contention if there has been no pre-trial hearing or if he appears at these hearings but refuses to enter a contention, or is removed from the hearing, and does not abnegate the petition, a verdict shall be reached by which the petition is adopted (verdict due to absence), should the following conditions be met: 1) the defendant was duly summoned; 2) the plaintiff proposes reaching a verdict due to absence; 3) the defendant with the response to the lawsuit or with some other submission does not abnegate the petition; 4) the grounds of the petition result from the facts stated in the lawsuit; 5) the facts on which the petition is based are not contrary to the evidence the plaintiff has submitted or to the generally known facts and 6) there are no generally known circumstances that would prevent the defendant to appear at the hearing due to justified reasons.

(2) No verdict due to absence shall be reached even when the conditions of paragraph (1) of this Article are fulfilled, if the court finds that it comes to a matter the parties cannot dispose with (Article 3 paragraph (3)).

(3) Reaching a verdict due to absence shall be postponed, if it is necessary to previously obtain notifications on the circumstances from paragraph (2) of this Article.

(4) If the facts stated in the lawsuit do not result in the grounds for the petition, and the petition has not been altered at the hearing, the court shall reach a verdict by which the petition is dismissed.

(5) Reaching a verdict due to absence can be postponed even in case when there is no evidence that the defendant has been duly summoned, and there is no doubt that he has been. In such case, the president of the council shall determine time period, which cannot exceed 30 days for service in the country, i.e. six months for service abroad, to check whether the defendant has been duly summoned. If it is confirmed that the defendant has been duly summoned in the given time period, the president of the council shall reach a verdict due to absence.

(6) No special appeal shall be allowed against the decision of the court by which the proposal of the plaintiff for reaching a verdict due to absence is rejected.

(7) In the cases anticipated in paragraphs (3) and (5) of this Article, verdict due to absence can be adopted by the court even without hearing the parties.

Verdict without holding a contention

Article 321

If the defendant in the response to the lawsuit has admitted the decisive fact, regardless of the fact that he has abnegated the petition, the sole judge, i.e. the president of the council can, without scheduling a hearing (Article 311 and 315) reach a verdict, unless there are other obstacles to reach it.

Legal validity of the verdict

Article 322

(1) The verdict that can no longer be abnegated with an appeal becomes legally valid if it decides upon the lawsuit or countersuit.

(2) The court, during the course of the whole procedure, shall ex officio mind whether a legally valid verdict has been reached upon the matter and if it confirms that the procedure is initiated upon a claim already being decided upon in a legally valid manner, it shall dismiss the lawsuit. (3) If the verdict decides upon a claim pointed out by the defendant with an objection due to netting off, the decision on existence or non-existence of this claim becomes legally valid.

Article 323

(1) The court shall be bound to its verdict as soon as it is announced.

(2) The verdict has effect against the parties after the day it is served.

Reaching and announcing a verdict

Article 324

(1) The court shall reach and announce the verdict on behalf of the citizens of the Republic of Macedonia.

(2) When the main contention is held with a council, the verdict shall be reached by the president of the council and the members of the council having participated at the hearing where the main contention has been closed.

(3) The verdict shall be reached immediately after closing the main contention in the minutes, and shall be announced by the sole judge, i.e. the president of the council.

(4) In more complex cases the court can postpone reaching the verdict for 15 days as of the day of closing the main contention. In that period the court shall be obliged to hold a hearing to announce the verdict. The court shall be obliged to schedule such hearing at the hearing where the main contention has been closed and it shall be held regardless whether the parties have been notified about it, i.e. have entered that hearing.

(5) In the case referred to in Article 290 paragraph (2) of this Law, the verdict shall be reached and announced at latest within a period of eight days as of the day of receiving the act, i.e. the minutes.

Article 325

(1) When the verdict is announced, the president of the council, i.e. the sole judge, shall publicly read the pronunciation and can briefly announce the reasons for the verdict.

(2) When announcing the verdict it can be stated that the court has decided to additionally decide upon the calculation of the costs. In such case, calculating of costs shall be performed by the president of the council, and the decision shall be inserted in the written composition of the verdict.

(3) If the public was excluded from the main contention, the pronunciation of the verdict shall always be read in public, and the court shall decide whether and to which extent the public shall be excluded when announcing the reasons for the verdict.

(4) All the present shall hear the reading of the pronunciation of the verdict standing. Written preparation and service of the verdict

Article 326

(1) The announced verdict has to be prepared in writing in a period of eight days, and in more complex cases, as an exception, in a period of 15 days as of the day of its announcing.

(2) The master copy of the verdict shall be signed by the president of the council, i.e. the sole judge.

(3) In a period of eight days as of the day of the written preparation of the verdict, certified copy of the verdict including an advice regarding the right to file a legal remedy against the verdict shall be served to the parties.

Article 327

(1) A verdict prepared in writing has to contain introduction, pronunciation and explanation.

(2) The introduction of the verdict shall contain: statement that the verdict is pronounced on behalf of the citizens of the Republic of Macedonia, title of the court, name and surname of the president and the members of the council, i.e. of the sole judge, name and surname, occupation and permanent, i.e. temporary place of residence of the parties, of their representatives and attorneys-in-fact, short mark of the subject of the dispute, the day of closing the main contention, as well as the day of reaching the verdict.

(3) The pronunciation of the verdict shall contain decision of the court on adopting or dismissing certain claims referring to the main issue and to the secondary claims and decision on the existence or non-existence of the claim pointed for netting off (Article 322).

(4) In the explanation the court shall state: the claims of the parties and their allegations on the facts the claims are based on, the evidence, decisive facts it has determined, as well as the regulations on which the court founds its verdict.

(5) In the explanation of the verdict due to not filing response to the lawsuit, verdict due to absence, verdict due to not holding a contention, verdict based on admitting or denying or verdict by which revision is to be rejected as not grounded, only the reasons justifying the reaching of such verdicts shall be stated.

Additional verdict

Article 328

(1) If the court has omitted to decide upon all the claims that it has to decide with the verdict, or has omitted to decide only upon part of the claim, the party can within 15 days as of receiving the verdict propose the litigation court to supplement the verdict.

(2) The president of the council shall dismiss, i.e. reject, without holding a hearing, a proposal on supplementing the verdict which is not on time or is unfounded. Article 329

(1) When the president of the council finds that the proposal on supplementing the verdict is grounded, he shall schedule main contention with the council for the purpose of reaching a verdict upon an undecided claim (additional verdict).

(2) Additional verdict can be reached even without re-opening the main contention, if such verdict is reached by the same council having reached the primary verdict, and the claim being requested supplementing has been sufficiently contended.

(3) If the council finds that the proposal on reaching additional verdict is not on time or is not grounded, it shall dismiss i.e. reject the proposal with a determination.

(4) If the proposal for supplementing the verdict refers only to the costs of the procedure, the decision upon the proposal shall be adopted by the president of the council without holding a hearing.

Article 330

(1) If beside the proposal on supplementing the verdict an appeal is filed against the verdict, the court of first instance shall suspend the service of this appeal to the court of second instance until it adopts a decision on the proposal for supplementing the verdict and until the time period for appeal against this decision expires.

(2) If an appeal is filed against the decision on supplementing the verdict, this appeal, together with the appeal against the primary verdict shall be delivered to the court of second instance.

(3) If the verdict of first instance is abnegated with an appeal only because the court of first instance has not decided upon all claims of the parties being subject of the litigation in the verdict, the appeal shall be considered as proposal of the party to reach an additional verdict.

Correcting a verdict

Article 331

(1) Mistakes in names and numbers, as well as other obvious spelling and calculating mistakes, flaws in the form and inconsistence of the copy of the verdict with the master copy shall be corrected by the president of the council, i.e. the sole judge at any time.

(2) The correction shall be made with special determination and shall be inserted at the end of the master copy, and copy of the determination shall be served to the parties.

(3) If there is inconsistence between the master copy and the copy of the verdict, in terms of a decision contained in the pronunciation of the verdict, the corrected copy of the verdict shall be served to the parties, stating that this copy of the verdict substitutes the previous copy of the verdict. In such case the time period for filing legal remedy in regard to the corrected part of the verdict shall start running as of the day of service of the corrected copy of the verdict.

(4) The court can decide upon correcting the verdict without hearing the parties. Chapter twenty-three

DETERMINATION

Article 332

(1) All determinations brought at the hearing shall be announced by the president of the council, i.e. the sole judge.

(2) The determination announced at the hearing shall be served to the parties in a certified copy, only if an appeal against such determination is allowed, or if based on the determination enforcement can be immediately requested or if it is requested by the managing of the procedure.

(3) The court shall be bound to its determinations in case if they refer to managing the procedure or unless otherwise determined by this Law.

(4) When the determination is not served in writing, it shall have effect against the parties as soon as it is announced.

Article 333

(1) The determinations adopted by the court out of the hearing shall be announced to the parties by serving certified copy of the determination.

(2) If previously the determination has rejected a proposal of one party without prior hearing of the opposing party, determination shall not be served to that party.

Article 334

(1) The determination has to be explained if it rejects a proposal of the party or if it decides upon proposals of the opposed parties, and it can be explained in other cases when necessary.

(2) The written composition of the determination always has to contain introduction and pronunciation, and explanation only if according to paragraph (1) of this Article it has to be explained.

Article 335

Legally valid determinations on punishments imposed according to the provisions of this Law, shall be enforced ex officio.

Article 336

The provisions of Article 314, Article 323 paragraph (2), Article 325 paragraph (2) and Articles 326 through 331 of this Law shall be accordingly applied to the determinations.

B. Procedure upon legal remedies Chapter twenty-four

REGULAR LEGAL REMEDIES

1. Appeal against a verdict

Right to an appeal

Article 337

(1) The parties can file an appeal against the verdict within 15 days as of the day of serving the copy of the verdict, unless other time period is determined by this Law. In the disputes on bills of exchange and cheques this time period shall be eight days.

(2) Timely filed appeal prevents the verdict to become legally valid in the part being abnegated with the appeal.

(3) The court of second instance shall decide upon the appeal against the verdict.

Article 338

(1) The party can waive the right to appeal as of the moment the verdict is announced, or as of the moment the copy of the verdict is served to it.

(2) Until bringing a decision of the court of second instance, the party can waive the already filed appeal.

(3) Waiving or withdrawing from the appeal cannot be revoked.

Contents of the appeal

Article 339

In addition to the data every submission has to contain (Article 98), the appeal has to contain the following as well: 1) mark of the verdict against which the appeal is filed; 2) statement that the verdict is completely abnegated or certain part of it is; 3) reasons for the appeal and 4) signature of the person filing the appeal.

Article 340

(1) If based on the data in the appeal it cannot be determined which verdict is abnegated or if the appeal is not signed (incomplete appeal), the court of first instance shall with a determination, against which an appeal is not allowed, summon the appellant in the established time period to amend or correct the appeal with a submission or to the minutes in that court.

(2) If the appellant does not act upon the court’s request in the established time period, the court shall with a determination dismiss the appeal as incomplete.

(3) If the appeal according to its content has other lacks as well, the court of first instance shall serve the appeal to the court of second instance summoning the appellant to amend, i.e. correct it.

Article 341

(1) New facts cannot be stated in the appeal, nor can new evidence be proposed, except if they refer to actual violations of the provisions of the litigation procedure for which an appeal can be filed.

(2) If the party, during the procedure of first instance has not pointed an objection for time barring or objection for netting off, i.e. some other material or process objection upon issues not minded ex officio by the court of first instance, the party cannot state that objection in the appeal.

Reasons why a verdict can be abnegated

Article 342

(1) A verdict can be abnegated due to: 1) actual violation of the litigation procedure provisions; 2) wrong or incompletely determined factual condition and 3) misapplication of the material right.

(2) The verdict due to absence, the verdict due to not filing a response to a lawsuit and the verdict without holding a contention, cannot be abnegated because of wrong or incompletely determined factual situation.

(3) The verdict based on admitting and the verdict based on denying can be abnegated because of essential violation of the litigation procedure provisions or because the statement for admitting, i.e. denying has been given in state of misdirection or under the influence of coercion or fraud.

(4) When the verdict based on admitting and the verdict based on denying can be abnegated because the statement for admitting, i.e. denying is given in state of misdirection or under the influence of coercion, fraud or threat, the party can, within the appeal, state new facts and propose new evidence referring to those defects of intention.

Article 343

(1) Actual violation of the litigation procedure provisions exists, if the court during the course of the procedure has not applied or has incorrectly applied a provision of this Law, and that has affected or might have affected reaching of lawful and correct verdict.

(2) Actual violation of the litigation procedure provisions always exists, if: 1) the court was improperly composed, or if a judge or a lay judge, who has not participated at the main contention, participated in the reaching of the verdict, or if a person who has no capacity of judge or lay judge participated in the reaching of the verdict; 2) a judge or lay judge, who according to the Law has to be exempted (Article 64 paragraph (1) items 1 through 5), i.e. was exempted with a court’s determination, participated in reaching the verdict; 3) it has been decided upon a dispute not included in the court’s competence (Article 15); 4) on the occasion of the objections of the parties in the decision entered in the verdict, it has incorrectly decided not to be locally competent, and the party appeals thereto; 5) contrary to the provisions of this Law the court has based its decision on unallowed dispositions of the parties (Article 3 paragraph (3)); 6) contrary to the provisions of this Law, the court has reached a verdict due to absence, a verdict due to not filing a response to a lawsuit and a verdict without holding a contention, a verdict based on admitting or a verdict based on denying; 7) a party has not been given the opportunity to contend in court, due to unlawful activity and especially due to failing to perform service thereto; 8) contrary the provisions of this Law the court has rejected the request of the party to provide it with interpreter in the procedure, and the party appeals thereto; 9) the court has reached a verdict without a main contention, and was obliged to hold main contention; 10) in the procedure as plaintiff or defendant participated a person who cannot be party in the procedure, or if the party being legal entity was not represented by an authorized person, or if person lacking the litigation capacity was not represented by a legal representative, or the legal representative, i.e. attorney-in-fact of the party did not have the necessary authorization for conducting the procedure or for certain activities in the procedure, in case if the conduct of the procedure, or the performance of certain activities within the procedure was not additionally approved; 11) it has been decided upon a claim wherefore a litigation is already ongoing, or wherefore a legally valid verdict has been previously reached, or wherefore a court settlement has already been concluded; 12) the public was, against the Law, excluded from the main contention; 13) the verdict has flaws due to which it cannot be examined, and particularly if the pronunciation of the verdict is incomprehensible, if it is contradictory to itself or to the reasons for the verdict, or if the verdict has no reasons or it does not state the reasons on the decisive facts, or those reasons are incomprehensible or contradictory, or if there is contradiction between what has been stated in the reasons for the verdict on the contents of the documents or the minutes for the statements given in the procedure, or the documents and the minutes themselves and 14) the court has violated the provisions on use of language in the procedure.

(3) If the party, being a legal entity, was not represented by an authorized person or because the party lacking the litigation capacity was not represented by its legal representative, or because the legal representative, i.e. the party’s attorney-in-fact did not have the necessary authorization for conducting the procedure or for certain activities within the procedure, appeal can be filed only by the party wherefore such lacks refer.

Article 344

(1) Wrongly determined factual condition shall exist when the court has misdetermined certain decisive fact, or has not determined it at all.

(2) Incompletely determined factual condition shall exist when it is pointed to by the facts and evidence unsuccessfully proposed by the party during the course of the procedure.

Article 345

Misapplication of the material right shall exist when the court has not applied the provision on material right supposed to be applied, or when such provision has been misapplied.

Procedure upon an appeal

Article 346

The appeal shall be filed to the court having pronounced the verdict in first instance in sufficient number of copies for the court and for the opposing party.

Article 347

(1) Not on time, incomplete or unallowed appeal shall be dismissed with a determination by the sole judge or the president of the council of the court of first instance without holding a hearing.

(2) The appeal is not on time if it is filed after the expiry of the lawful time period for filing it.

(3) The appeal shall be unallowed if it has been filed by a person who is not authorized for filing the appeal, or a person who has waived or withdrawn the appeal or if the person who has filed the appeal has no legal interest in filing the appeal.

Article 348

(1) Copy of timely, complete and allowed appeal shall be served by the court of first instance to the opposing party that can, within a period of eight days as of its receipt, file to that court a response to the appeal.

(2) Copy of the response to the appeal shall be served to the appellant by the court of first instance.

(3) Response to an appeal not submitted on time shall not be rejected, but shall be submitted to the court of second instance which shall consider it, if it is still possible.

Article 349

(1) After receiving the response to the appeal or after the time period for responding to the appeal expires, the president of the council shall serve the appeal and the response to the appeal, if submitted, with all the acts to the court of second instance.

(2) If the appellant claims that in the procedure of first instance, the litigation procedure provisions have been violated, the president of the council of the court of first instance shall provide explanation of the allegations in the appeal referring to such violations, and if necessary he shall conduct insight in order to check the truthfulness of the allegations in the appeal. (3) The court of first instance, if necessary, on its own or on a request of the reporting judge of the court of second instance, shall conduct examination due to checking the truthfulness of the allegations of the appellant referred to in Article 341 paragraph (1) of this Law.

Article 350

(1) A reporting judge shall be appointed when the acts upon the appeal arrive in the court of second instance.

(2) The reporting judge can, if necessary, obtain a report from the court of first instance on the violations of the procedure provisions and can request conduct of examinations due to confirming such violations.

Article 351

(1) As a general rule, the court of second instance shall decide upon an appeal, without contention.

(2) When the council of the court of second instance finds that due to the factual condition being correctly determined it is necessary to repeat already exhibited evidence with the court of second instance, it shall schedule a contention with the court of second instance.

(3) When at the session of the council it is confirmed that the verdict being appealed is based on actual violation of the litigation procedure provisions or on wrong and incompletely confirmed factual condition, and the verdict has once been abolished, the court of second instance shall schedule a contention and shall decide in meritum .

Article 352

(1) The parties, i.e. their legal representatives and attorneys-in-fact, as well as those witnesses and expert witnesses the court decides to be heard shall be summoned at the contention.

(2) If one or both parties are absent from the contention, the court shall contend upon the appeal and shall adopt a decision considering particularly what has been stated in the appeal and in the response to the appeal.

(3) The contention in the court of second instance shall open with the report of the reporter stating the condition of the matter, and not giving his own opinion on the basis of the appeal.

(4) Then, the verdict or the part of the verdict referring to the appeal shall be read, and if necessary the minutes on the main contention in the court of first instance shall be read as well. Next, the appellant shall elaborate the appeal, and the opposing party shall elaborate the response to the appeal.

Article 353

Unless otherwise determined in Articles 351 and 352 of this Law, the provisions on the main contention with the court of first instance (Articles 279 through 306), shall be accordingly applied to the contention in the court of second instance. Article 354

(1) The court of second instance shall examine the verdict of first instance in the part being abnegated with the appeal, within the limits of the appealing reasons, and shall ex officio mind the application of the material right and the violation of the litigation procedure provisions referred to in Article 343 paragraph (2) items 1, 2, 3, 5, 10, 11, 13 and 14 of this Law.

(2) The court of second instance shall mind the exceeding of the petition, only upon a request of the party.

Decisions of the court of second instance upon an appeal

Articles 355

(1) The court of second instance can, at a session of the council or based on a held contention, dismiss the appeal as not on time, incomplete or unallowed, can dismiss the appeal as unfounded and can confirm the verdict of first instance, can abolish this verdict and can return the case to the court of first instance for repeated trial, can abolish the verdict of first instance and dismiss the appeal or alter the verdict of first instance.

(2) The court of second instance can abolish the verdict even when the party requests its alteration, and can alter the verdict although the party requests its abolishment.

Article 356

The court of second instance shall dismiss with a determination an appeal that is not on time, incomplete or unallowed, unless that has been done by the court of first instance (Article 347).

Article 357

The court of second instance shall dismiss the appeal as unfounded and shall confirm the verdict of first instance, with a verdict, when it finds that there are no reasons why the verdict would be abnegated, as well as reasons it minds ex officio.

Article 358

(1) The court of second instance shall with a determination abolish the verdict of first instance should it confirm that there is actual violation of the litigation procedure provisions (Article 343) and it shall return the case to the same court of first instance or shall cede it to a competent court of first instance for the purpose of holding a new main contention. In this determination the court of second instance shall also decide which of the conducted activities, affected by the actual violation of the litigation procedure provisions, are abolished.

(2) If the provisions of Article 343 paragraph (2) items 3 and 11 of this Law are violated in the procedure in the court of first instance, the court of second instance shall abolish the verdict of first instance and shall dismiss the lawsuit.

(3) If the provisions from Article 343 paragraph (2) item 10 of this Law are violated in the procedure in the court of first instance, the court of second instance, in regard to the nature of the violation, shall abolish the verdict of first instance and shall return the case to the competent court of first instance or shall abolish the verdict of first instance and shall dismiss the lawsuit.

Article 359

(1) The court of second instance shall with a determination abolish the verdict of the court of first instance and shall return the case to that court for repeated trial, should it consider that due to correct determining of the factual condition new main contention shall be held in the court of first instance, unless it has decided to hold a contention on its own.

(2) The court of second instance shall act the same even when the party has not abnegated the verdict due to wrong or incompletely determined factual condition, if when deciding upon the appeal justified suspicion arises that the facts wherefore the verdict of first instance is based are correctly determined.

(3) If the court of second instance, at a session of the council or at the contention, finds that due to correct determination of the factual condition facts shall be confirmed or evidence shall be exhibited wherefore the appellant has unsuccessfully proposed in front of the court of first instance, it shall abolish the verdict of first instance and shall return the case to repeated trial in the court of first instance.

Article 360

If the court of second instance confirms that with the verdict of first instance a petition has been exceeded, according to the nature of the exceeding of the petition it shall with a determination abolish the verdict of the court of first instance and shall return the case to repeated trial in that court, i.e. shall alter the abnegated decision with a verdict.

Article 361

The court of second instance shall with a verdict alter the verdict of first instance, if: 1) based on a contention it determines factual condition other than the one confirmed in the verdict of first instance; 2) the court of first instance has wrongly assessed the documents or the directly exhibited evidence, and the decision of the court of first instance is based exclusively on such evidence; 3) the court of first instance from the facts it has determined, made an incorrect conclusion on the existence of other facts, and the verdict is based on such facts and 4) it considers that the factual condition in the verdict of first instance is correctly determined, but that the court of first instance has misapplied the material right.

Article 362

The court of second instance cannot alter the verdict to the detriment of the party which has appealed, if it is the single appellant.

Article 363

(1) In the explanation of the verdict, i.e. of the determination, the court of second instance shall assess the appealing allegations being of decisive importance and shall mark the reasons being considered ex officio .

(2) When the verdict of first instance is abolished due to actual violations of the litigation procedure provisions, the explanation shall state which provisions have been violated and what are they consisted of.

(3) When the verdict of first instance is abolished and the case is returned to the court of first instance for repeated trial due to correct determination of the factual condition, it shall be stated what are the flaws in the determination of the factual condition, i.e. why certain facts and evidence are important and affect the adoption of a correct decision.

Article 364

(1) If the court of second instance has omitted to decide upon all the parts of the verdict being abnegated, or if it has omitted to adopt all the decisions wherefore the appeal is dismissed, i.e. rejected or accepted, the appellant can in a period of 15 days as of the service of the decision of second instance, propose to the court of second instance to amend its decision.

(2) Proposal for adopting a decision in second instance cannot be submitted because the court of second instance has not decided upon all reasons why the appeal has been filed or to which the court was obliged to mind ex officio.

(3) The proposal referred to in paragraph (1) of this Article shall be submitted to the court of first instance that is obliged with no postponement to serve the proposal together with all the acts of the case to the court of second instance.

(4) If due to the decision of second instance referred to in paragraph (1) of this Article it is necessary to conduct a procedure in the court of first instance, the court of first instance shall serve the court of second instance the proposal on adopting an additional decision together with the copy of the acts.

(5) In a procedure upon the proposal of paragraph (1) of this Article, the provisions of Articles 328 through 330 of this Law shall accordingly apply.

Article 365

The court of second instance shall return all the acts in sufficient number of certified copies of its decision to the court of first instance, for the purpose of serving them to the parties and to the other interested persons.

Article 366

(1) The court of first instance shall be obliged to perform all the litigation activities and to discuss all the disputable issues being pointed by the court of second instance in its determination.

(2) At the new main contention the parties can state only those facts and exhibit only the evidence not being previously proposed in the course of the procedure in the first instance.

(3) If the verdict is abolished because it has not been adopted by a competent court, the new contention in the court of first instance shall be held according to the provisions valid for holding a contention in case when the composition of the council (Article 301 paragraph (3)) is altered.

Article 367

The president of the council i.e. the sole judge shall be obliged to schedule a hearing on the main contention at latest in a period of eight days after receiving the decision of the court of second instance, and the hearing shall be held in a period of 45 days as of the day of the receipt of the decision of the court of second instance.

2. Appeal against a determination

Article 368

(1) An appeal is allowed against the determination of the court of first instance, unless this Law determines that an appeal is not allowed.

(2) If this Law explicitly determines that no special appeal is allowed, the determination of the court of first instance can be only abnegated in the appeal against the final decision.

(3) In the cases wherefore according to this Law a special appeal is allowed against the determination in which the procedure with the court of first instance is not completed, the court of first instance shall copy the acts and together with the appeal shall serve them to the court of second instance, and shall continue the procedure on deciding upon the issues to which the appeal does not refer.

Article 369

(1) Timely submitted appeal shall withhold the enforcement of the determination, unless otherwise determined by this Law.

(2) The determination against which no special appeal is allowed can be forthwith enforced.

Article 370

When deciding upon the appeal, the court of second instance can: 1) dismiss the appeal as not in time, incomplete or unallowed (Article 347 paragraphs (1), (2) and (3) and Article 368 paragraph (1)); 2) reject the appeal as unfounded and confirm the determination of the court of first instance and 3) accept the appeal and alter the determination or abolish it and if necessary return the case for repeated deciding.

Article 371

The provisions valid for the appeal against a verdict shall be accordingly applied in the procedure upon an appeal against a determination, except for the provisions on response to an appeal and on holding a contention in the court of second instance. Chapter twenty-five

EXTRAORDINARY LEGAL REMEDIES

1. Revision

Article 372

(1) The parties can announce revision against the legally valid verdict adopted in second instance within a period of 30 days as of the day of serving the copy of the verdict.

(2) The parties can announce revision against the verdict of second instance, if the value of the subject of the case of the abnegated part of the verdict exceeds 500.000 Denars.

(3) As an exception to paragraph (2) of this Article, regardless of the value of the dispute, the revision shall always be allowed: 1) in support disputes; 2) in disputes on damage compensation for lost support due to death of the supporter; 3) in disputes from labor relations due to termination of a labor relation; 4) in disputes on royalties and 5) in disputes referring to protection and use of findings and technical promotions, samples, models and seals and to the right of use of business name or title, as well as in disputes from disloyal competition and monopolistic behavior.

(4) As an exception, revision shall be as well allowed against a verdict of second instance against which a revision in accordance with paragraph (2) of this Article cannot be announced, unless the court of second instance has approved so in the pronunciation of the verdict it has adopted. The court of second instance can decide so, if it assesses that the decision in the dispute depends on deciding certain material or process issue important for ensuring single application of the law and harmonization of the court practice. In the explanation of the verdict, the court of second instance shall be obliged to state due to which legal issue it has approved the revision and shall state the reasons why it considers ensuring a single application of the law and harmonization of the court practice to be important.

(5) The provisions of paragraphs (2) and (4) of this Article shall not be applied in disputes for which this or other law explicitly determines that revision is not allowed.

Article 373

The Supreme Court of the Republic of Macedonia shall decide upon the revision.

Article 374

The announced revision does not withhold the enforcement of the legally valid verdict it has been announced against.

Article 375

(1) Revision can be announced: 1) due to actual violation of the litigation procedure provisions referred to in Article 343 paragraph (2) of this Law, unless the violation refers to the local competence (Article 343 paragraph (2) item 4), if the court of first instance has reached a verdict without a main contention and was obliged to hold a main contention (Article 343 paragraph (2) item 9), if it has been decided upon a petition for which litigation is already ongoing (Article 343 paragraph (2) item 11) or, if contrary to the law the public was excluded from the main contention (Article 343 paragraph (2) item 12); 2) due to actual violation of the litigation procedure provisions referred to in Article 343 paragraph (1) of this Law committed in a procedure with the court of second instance and 3) due to misapplication of the material right.

(2) Due to exceeding the petition, revision can only be announced if such violation has been committed in a procedure with the court of second instance.

(3) Revision cannot be announced due to wrong or incompletely determined factual condition.

(4) Against a legally valid verdict of second instance confirming the verdict of first instance, revision can be announced due to actual violation of the litigation procedure provisions referred to in Article 344 paragraph (2) items 4, 6, 7, 8, 9 and 12 of this Law, only if the person submitting the revision has called upon those violations in the appeal against the verdict of first instance, or if such violations are committed in the procedure of second instance.

(5) The provisions of paragraphs (2) and (4) of this Article shall not be applied to those disputes for which this or other Law explicitly determines that revision is not allowed.

(6) Revision against the verdict reached in second instance confirming a verdict due to not filing a response to a lawsuit, verdict based on admitting or denying, can be announced only due to the reasons referred to in paragraph (1) items 1 and 2 and paragraph (2) of this Article.

Article 376

Against the verdict of second instance referred to in Article 372 paragraph (4) of this Law, revision can be announced only due to material and process issue for which it is approved.

Article 377

(1) In the revision, the party shall correctly state the reasons why the revision is announced.

(2) If the revision referred to in Article 372 paragraphs (2) and (3) of this Law is announced because of an unallowed or allowed, but not explained reason, i.e. if the revision from Article 372 paragraph (4) of this Law is not announced because of a reason approved by the court of second instance, the sole judge, i.e. the president of the council of first instance shall dismiss it with a determination without previously summoning the party to amend it.

(2) The revision court shall examine the abnegated verdict only in the part where it is abnegated with the revision and within the limits of the reasons correctly stated in the revision.

Article 378 The parties can state new facts and propose new evidence in the revision only if they refer to actual violations of the provisions in the litigation procedure wherefore revision can be announced.

Article 379

Revision can be announced to the court having pronounced the verdict in first instance, in sufficient number of copies for the court and for the opposing party.

Article 380

(1) Not on time, incomplete or unallowed revision shall be dismissed with a determination by the sole judge, i.e. president of the council of first instance, without holding a hearing.

(2) Revision is not allowed if announced by a person not being authorized for announcing revision, or by a person having waived the revision, or if the person announcing the revision has no legal interest in doing so or if the revision is announced against a verdict that according to a law cannot be announced.

(3) If revision is announced against the verdict of second instance referred to in Article 372 paragraph (4) of this Law, the sole judge, i.e. president of the council of the court of first instance cannot dismiss the revision because he considers there are no reasons for announcing it.

Article 381

(1) Copy of timely, complete and allowed revision, shall be served by the sole judge, i.e. president of the council of the court of first instance to the opposing party.

(2) In a period of 15 days as of the day of announcing the revision, the opposing party can submit response to the revision to the court.

(3) After receiving the response, i.e. after the expiry of the time period for response, the sole judge, i.e. the president of the council of the court of first instance shall submit the revision and the response to the revision, if submitted, together with all acts to the revision court through the court of second instance.

(4) Not on time submitted response to revision will not be dismissed, but will be delivered to the revision court that shall consider it, if still possible.

Article 382

The revision court shall decide upon the revision without contention.

Article 383

(1) Not on time, incomplete, unexplained or unallowed revision shall be dismissed by the reporting judge of the revision court with a determination, unless that has been already performed by the court of first instance within the limits of its authorization. (2) The revision announced against the verdict of second instance referred to in Article 372 paragraph (4) of this Law shall be dismissed with a determination by the reporting judge, and if he has not done that, the council of the revision court, should it determine that it has not been announced due to a legal issue it has been allowed for.

(3) The revision announced against the verdict of second instance referred to in Article 372 paragraph (4) of this Law, shall not be dismissed by the council of the revision court even if it assesses that the legal issue wherefore it has been announced is not important for ensuring single application of the law and harmonization of the court practice.

Article 384

(1) The revision court shall with a verdict reject the revision as groundless, should it confirm that there are no reasons for announcing revision, as well as no reasons it shall mind ex officio .

(2) The explanation of the verdict referred to in paragraph (1) of this Article shall only contain the reasons justifying the reaching of such verdict.

Article 385

(1) If it is determined that there is actual violation of the litigation procedure provisions referred to in Article 343 paragraphs (1) and (2) of this Law, wherefore revision cannot be announced, except the violations determined in paragraphs (2) and (3) of this Article, the revision court shall with a determination abolish completely or partially the verdict of the court of second and first instance or only the verdict of the court of second instance and the case shall be returned for repeated trial to the same or other sole judge, i.e. to the court of first i.e. second instance.

(2) If a violation is committed, as referred to in Article 343 paragraph (2) items 3 and 11 of this Law, within the procedure with the court or first or second instance, unless it has been decided upon a petition for which litigation is already ongoing, the revision court shall abolish the adopted decisions with a determination and shall dismiss the lawsuit.

(3) If a violation, as referred to in Article 343 paragraph (2) item 10 of this Law, is committed within the procedure with the court of first or second instance, the revision court, regarding the nature of the violation, shall proceed in accordance with the provisions of paragraph (1) or (2) of this Article.

Article 386

The court where the case is returned for repeated trial is bound to that case with the legal opinion on which the determination of the revision court which abolishes the abnegated verdict of second instance, i.e. the verdict of second and first instance, is based.

Article 387

(1) If the revision court determines that the material right is misapplied, it shall adopt the revision and alter the abnegated verdict with a verdict. (2) If the revision court finds that due to misapplication of the material right the factual condition is incompletely determined and thus there are no conditions for altering the abnegated verdict, it shall with a determination adopt the revision, abolish completely or partially the verdict of the court of first and second instance or only the verdict of the court of second instance and shall return it for repeated trial to the same or another sole judge, i.e. the council of the court of first, i.e. second instance.

Article 388

Should it determine that with a legally valid verdict reached in second instance a petition has been exceeded in such a manner that it has been decided upon something else, and not upon what has been requested, the revision court shall abolish that verdict and shall return the case for repeated trial to the court of second instance by a determination.

Article 389

The decision of the revision court shall be served to the court of first instance via the court of second instance.

Article 390

Unless otherwise determined in Articles 372 through 389 of this Law, the provisions of this Law on appeal against a verdict as referred to in Article 338 paragraphs (2) and (3), Article 339, 340, 345, Article 348 paragraphs (2) and (3), Article 349 paragraph (2), Articles 350, 355 and Articles 362 through 366 of this Law shall accordingly apply to the procedure upon revision.

Article 391

(1) The parties can also announce revision against the determination of the court of second instance by which the procedure is completed in a legally valid manner upon the disputes where revision has been allowed against the verdict of second instance.

(2) Revision shall always be allowed against a determination of the court of second instance dismissing the filed appeal, i.e. confirming the determination of the court of first instance for dismissing the revision.

(3) In the procedure upon the revision, the provisions of this Law on revision against a verdict shall accordingly apply.

2. Repeating a procedure

Article 392

(1) The procedure that with a court’s decision has been completed in a legally valid manner, can, on a proposal of the party, if: 1) a judge, i.e. lay judge that according to the law had to be exempted (Article 64), i.e. who with a court’s determination was exempted, participated when adopting the decision; 2) a party has not been granted the possibility to discuss in court by unlawful proceeding and especially by omitting the service; 3) in the procedure has participated a person, as a plaintiff or defendant, who cannot be party in the procedure, or if the party being legal entity was not represented by an authorized person or if a party lacking the litigation capacity was not represented by a legal representative, or if the legal representative, i.e. party’s attorney-in-fact did not have the necessary authorization for conducting a procedure or for certain activities in the procedure, unless conducting the procedure i.e. certain activities within the procedure has not been additionally approved; 4) the court’s decision is based on false statement of a witness or an expert witness; 5) the court’s decision is based on falsified document or a document containing certified false content; 6) the court’s decision resulted from a crime of the judge, i.e. lay judge, party’s legal representative or attorney-in-fact, of the opposing party or of a third party; 7) the party acquires a possibility to use a legally valid verdict of the court being previously reached upon the same claim among the same parties; 8) the court’s decision is based on another court’s decision or on a decision of another body, and such decision is altered, abolished, i.e. annulled in a legally valid manner; 9) the party acknowledges new facts or finds or acquires possibility to use new evidence based on which a more favorable decision could have been adopted for the party, if such facts or evidence would have been used in the previous procedure and 10) with a decision of a competent body it has been additionally decided, in a legally valid manner, upon a previous issue (Article 11 paragraphs (1) and (2))), on which the court’s decision is based.

(2) A procedure completed in a legally valid manner with a verdict based on admitting, verdict based on denying, verdict due to not filing a response to a lawsuit and verdict due to absence, cannot be repeated because of the reasons referred to in paragraph (1) items 8, 9 and 10 of this Article.

(3) The procedure completed in a legally valid manner with a verdict based on admitting and a verdict based on denying can be repeated because the statement for admitting, i.e. denying has been given in misdirection or under the influence of coercion or fraud.

Article 393

(1) Due to the reasons stated in Article 392 paragraph (1) items 1, 2 and 3 and paragraph (3) of this Law, repeating of the procedure cannot be requested, unless that reason has been unsuccessfully stated in the previous procedure.

(2) Because of the circumstances stated in Article 392 paragraph (1) items 1, 7, 8, 9 and 10 and paragraph (3) of this Law, repeating of the procedure can be allowed only if the party, without its fault could not have stated such circumstances before the previous procedure was closed with a legally valid court decision.

Article 394

(1) Proposal for repeating the procedure shall be submitted within a period of 30 days, as following: 1) in the case of Article 392 paragraph (1) item 1 of this Law, as of the day the party has acknowledged this reason; 2) in the case of Article 392 paragraph (1) item 2 of this Law, as of the day the decision is served to the party; 3) in the case of Article 392 paragraph (1) item 3 of this Law, if in the procedure, as a plaintiff or a defendant, has participated a person that cannot be a party in the procedure, as of the day when the decision is served to that person, if the party being a legal entity has not been represented by an authorized person, or if the party lacking the litigation capacity has not been represented by a legal representative, and if the party’s legal representative, i.e. attorney-in-fact did not have the necessary authorization for conducting the procedure or for certain activities within the procedure, as of the day the party has acknowledged this reason; 4) in the cases of Article 392 paragraph (1) items 4 through 6 of this Law, as of the day when the party has acknowledged of the legally valid verdict in a criminal procedure, and if the criminal procedure cannot be implemented, then as of the day it has acknowledged of the termination of such procedure or of the circumstances due to which the procedure cannot be initiated; 5) in the cases of Article 392 paragraph (1) items 7, 8 and 10 of this Law, as of the day the party could have used the legally valid verdict being the reason for repeating the procedure; 6) in the case of Article 392 paragraph (1) item 9 of this Law, as of the day the party could have stated new facts to the court, i.e. propose new evidence and 7) in the cases of Article 392 paragraph (3) of this Law, as of the day the party could have stated in court that the admitting, i.e. denying was given in a state of misdirection or under coercion or fraud.

(2) If the time period determined in paragraph (1) of this Article would start running before the decision becomes legally valid, such time period shall be considered as of the legal validity of the decision, unless a legal remedy has been filed against it, i.e. as of the delivery of the legally valid verdict of the court of higher instance pronounced in the last instance.

(3) After the expiry of five years as of the day the decision has become legally valid, a proposal for repeating the procedure cannot be submitted, except if repeating is required because a person who had no capacity of judge, i.e. lay judge participated in adopting the decision or because of the reason stated in Article 392 paragraph (1) items 2 and 3 of this Law.

Article 395

(1) The proposal for repeating the procedure shall always be submitted to the court having adopted the decision in first instance.

(2) The following has to be particularly stated in the proposal: legal basis according to which the repeating is requested, the circumstances pointing that the proposal was submitted in the lawful time period and the evidence supporting the allegations of the person submitting the proposal.

Article 396

(1) Not on time (Article 394), incomplete (Article 395 paragraph (2) or unallowed (Article 393) proposals for repeating the procedure shall be dismissed with a determination by the sole judge, i.e. the president of the council without holding a hearing.

(2) If the sole judge, i.e. the president of the council does not dismiss the proposal, he shall serve a copy of the proposal to the opposing party, as in accordance with the provisions of Article 137 of this Law, having thus the right to respond to the proposal within a period of 15 days. When the court receives the response to the proposal or when the period for responding expires, the sole judge, i.e. the president of the council shall schedule hearing for contending the proposal.

(3) If repeating of procedure is requested because of the reason stated in Article 392 paragraph (1) item 9 and paragraph (3) of this Law, the sole judge, i.e. the president of the council can adhere the contending on the proposal for repeating the procedure with the contending on the main issue.

Article 397

The hearing on the contending upon the proposal for repeating the procedure shall be held with the sole judge, i.e. the president of the council of the court of first instance, unless the contending on the proposal is adhered with the contending on the main issue.

Article 398

(1) After the held hearing for contending the proposal, the sole judge, i.e. the president of the council of the court of first instance shall bring a decision upon the proposal, unless the reason for repeating the procedure refers exclusively to the procedure with the court of higher instance (Article 399).

(2) In the determination allowing repeating of the procedure it shall be pronounced that the decision adopted in the previous procedure is abolished.

(3) The sole judge, i.e. president of the council shall schedule main contention even after the legal validity of the determination allowing repeating of the procedure, yet in that determination it can be decided to forthwith start the contending upon the main issue. At the new main contention the parties can state new facts and propose new evidence.

(4) No special appeal shall be allowed against the determination allowing repeating of the procedure, if the sole judge, i.e. the president of the council has decided to forthwith start the contending upon the main issue.

(5) If the sole judge, i.e. the president of the council has allowed repeating of the procedure and has decided to forthwith contend on the main issue or if the proposal for repeating the procedure has been contended together with the main issue, the determination allowing repeating of the procedure and abolishing the decision adopted in the previous procedure shall be inserted in the decision on the main issue.

Article 399

(1) When the reason for repeating the procedure refers exclusively to the procedure in front of the court of higher instance, the sole judge, i.e. the president of the council of the court of first instance, after the hearing for contending the proposal for repeating the procedure, shall deliver the case to the referred court of higher instance for the purpose of adopting a decision.

(2) When the case is received in the court of higher instance it shall be proceeded, in accordance with the provisions of Article 351 of this Law. (3) The court of higher instance shall decide upon the proposal for repeating the procedure without a contention.

(4) When the court of higher instance finds that the proposal for repeating the procedure is justified and it is not necessary to hold new main contention, it shall abolish its decision, as well as the decision of the court of higher instance if there is any, and shall adopt new decision on the main issue.

Repeating of procedure due to final verdict of the European Court of Human Rights in Strasbourg

Article 400

(1) When the European Court of Human Rights confirms violation of certain human right or of the fundamental freedoms anticipated in the European Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols, ratified by the Republic of Macedonia, the party can, in a period of 30 days as of the final verdict of the European Court of Human Rights, file a request to the court in the Republic of Macedonia, having tried in the first instance in the procedure wherefore the decision violating some human right or fundamental freedom is adopted, to amend the decision violating such right or fundamental freedom.

(2) The provisions on repeating the procedure shall accordingly apply to the procedure referred to in paragraph (1) of this Article.

(3) In the repeating of the procedure the courts shall be obliged to obey the legal opinions stated in the final verdict of the European Court of Human Rights confirming the violation of the fundamental human rights and freedoms.

3. Balance between the proposal for repeating the procedure and the revision

Article 401

(1) If during the time period for announcing revision, the party submits a proposal for repeating the procedure only because of the reasons due to which it can announce revision, it shall be considered that the party has announced revision.

(2) If the party announces revision because of the reasons referred to in Article 343 paragraph (2) item 11 of this Law and simultaneously or afterwards submits a proposal for repeating the procedure because any of the reasons from Article 392 of this Law, the court shall terminate the procedure due to the proposal for repeating the procedure, until the closing the procedure upon the revision.

(3) If the party announces revision due to whatsoever reason, except for the reasons referred to in Article 343 paragraph (2) item 11 of this Law, and simultaneously or afterwards submits a proposal for repeating the procedure because of the reasons from Article 392 paragraph (1) item 4, 5 and 6 of this Law supported by the legally valid verdict reached in the criminal procedure, the court shall terminate the procedure upon the revision until the closing of the procedure upon the proposal for repeating the procedure. (4) In all the other cases when the party announces revision and simultaneously or afterwards it submits a proposal for repeating the procedure, the court shall decide which procedure it shall continue, and which it shall terminate, considering all the circumstances and particularly the reasons due to which both legal remedies are filed and the evidence proposed by the parties.

Article 402

(1) The provisions of Article 401 paragraphs (1) and (3) of this Law shall be as well applied when the party has first submitted a proposal for repeating the procedure, and then announced revision.

(2) In all other cases when the party submits a proposal for repeating the procedure and then announces revision, the court shall as a general rule terminate the procedure upon the revision until the completion of the procedure upon the proposal for repeating the procedure, unless it finds that there are serious reasons to act otherwise.

Article 403

(1) The determination of Article 401 of this Law shall be brought by the sole judge, i.e. the president of the council of the court of first instance if the proposal for repeating the procedure is received in the court of first instance before the case upon the revision is addressed to the revision court. If the proposal for repeating the procedure is received after the case upon the revision is addressed to the revision court, the determination of Article 400 of this Law shall be adopted by the revision court.

(2) The determination referred to in Article 401 of this Law shall be adopted by the sole judge, i.e. president of the council of the court of first instance, unless during the time the revision is received in the court of first instance the case upon the proposal for repeating the procedure is addressed to the court of higher instance for the purpose of bringing a decision (Article 399 paragraph (1)), in which case the determination shall be adopted in the court of higher instance.

(3) No appeal shall be allowed against the court’s determination referred to in paragraphs (1) and (2) of this Article.

Part three

SPECIAL PROCEDURES

Chapter twenty-six

PROCEDURE IN LABOR RELATIONS DISPUTES

Article 404

Unless there are special provisions in this Chapter regarding the procedure in the labor relation disputes, the other provisions of this Law shall be applied. Article 405

(1) In the procedure in labor relation disputes, and especially when determining time periods and hearings, the court shall always pay special attention to the need of urgent deciding of the labor relations.

(2) The time period for response to a lawsuit in a procedure upon labor relation disputes shall be eight days.

(3) The hearing for main contention in labor relations disputes referring to termination of labor relation has to be held in a period of 30 days as of the day of the receipt of the response to the lawsuit.

(4) In the procedure upon labor relation disputes, the procedure with the court of first instance has to be completed in a period of six months as of the day of filing the lawsuit.

(5) In the procedure on labor relation disputes, the court of second instance shall be obliged to adopt a decision upon an appeal filed against the decision of the court of first instance in a period of 30 days as of the day of the receipt of the appeal, i.e. in a period of two months in case if contention is held with the court of second instance.

Article 406

The employee in the procedure in labor relation disputes can be represented by a person - law graduate employed in the trade union where the employee is a member, or in the association of trade unions where the trade union of the employee is a member, in a role of attorney-in- fact, and the provisions of Articles 81 and 82 of this Law shall accordingly apply.

Article 407

(1) On a proposal of the party, during the course of the procedure the court can establish temporary measures for the purpose of preventing violent acting or for the purpose of removing incompensable damage.

(2) No special appeal shall be allowed against the determination from paragraph (1) of this Article.

Article 408

In the verdict by which the court imposes performance of certain action, it shall determine time period of eight days for its performance.

Article 409

(1) The time period for filing an appeal shall be eight days.

(2) Due to important reasons which have to be elaborated, the court can decide the appeal not to withhold the enforcement of the decision. Chapter twenty-seven

PROCEDURE IN DISPUTES DUE TO HINDERING OF POSSESSION

Article 410

Unless there are special provisions in this Chapter, the other provisions of this Law shall be applied in the procedure due to hindering of possession.

Article 410-a

The lawsuit shall be considered withdrawn if the plaintiff in a period of eight days as of the day of filing the lawsuit, fails to pay the court fee.

Article 411

(1) When determining time periods and hearings upon lawsuits due to hindering of possession, the court shall always pay special attention to the need of urgent deciding in accordance with the nature of each individual case.

(2) The time period for response to a lawsuit in the procedure on disputes upon hindering of possession shall be eight days.

(3) In the disputes due to hindering of possession, the hearing for the main contention has to be held in a period of 30 days as of the day of receiving the response to the lawsuit.

(4) In the procedure for disputes due to hindering of possession, the procedure in the court of first instance has to be completed in a period of six months as of the day of filing the lawsuit.

(5) In the procedure on disputes due to hindering of possession, the court of second instance shall be obliged to adopt a decision upon an appeal filed against the decision of the court of first instance in a period of 30 days as of the day of receiving the appeal, i.e. in a period of two months in case a contention is held in the court of second instance.

Article 412

The contending upon the lawsuit due to hindering of possession shall be limited only to discussion and proving the facts in regard to the last condition of the possession and the occurred hindering. Contention upon the right to possession, the legal basis, the scrupulousness or unscrupulousness of the possession or the claims for damage compensation shall be excluded.

Article 413

(1) During the course of the procedure the court can establish temporary measures for the purpose of removing urgent risk of unlawful damaging or preventing violence or removing incompensable damage, on a proposal of the party and with no hearing of the opposing party.

(2) No special appeal shall be allowed against the determination referred to in paragraph (1) of this Article.

Article 414

(1) The time period for fulfilling the duties imposed to the parties, shall be determined by the court in line with the circumstances of each individual case.

(2) The time period for filing an appeal shall be eight days.

(3) Because of important reasons that have to be elaborated, the court can decide the appeal not to withhold the enforcement of the determination.

(4) Revision shall not be allowed against determinations adopted in the procedure due to hindering of possession.

Article 415

The plaintiff shall lose the right to request enforcement of the determination by which the defendant upon a lawsuit due to hindering of possession is imposed to perform certain activity, unless he has requested enforcement in a period of 30 days after the expiry of the time period established with the determination for performing such activity.

Article 416

Repeating of a procedure completed in a legally valid manner, due to hindering of possession, shall be allowed only because of the reasons anticipated in Article 392 paragraph (1) items 2 and 3 of this Law and in a period of 30 days as of the legal validity of the determination upon hindering of possession.

Chapter twenty-eight

ISSUING A PAYMENT ORDER

Article 417

Unless there are special provisions in this Chapter, the other provisions of this Law shall be applied in the procedure for issuing a payment order.

Article 417-a

The court shall not issue a payment order unless the plaintiff pays the court fee. The lawsuit shall be considered withdrawn if the plaintiff in a period of eight days as of the day of filing the lawsuit fails to pay the court fee.

Article 418

(1) When the petition refers to a due monetary claim, and such claim is proved with an authentic document attached to the lawsuit in its master copy or as a certified copy, the court shall issue an order for the defendant to fulfill the petition (payment order). (2) The following documents shall be particularly considered authentic: 1) public documents; 2) private documents where the signature of the obligor has been certified by the body competent for certifying; 3) bills of exchange and cheques with protest and refundable bills if necessary for establishing a claim; 4) excerpts from certified business books; 5) invoices and 6) documents that according to special regulations have the capacity of public documents.

(3) The court shall issue a payment order although the plaintiff in the lawsuit has not proposed issuance of payment order, and yet all the requirements for issuing payment order have been met.

(4) When based on the authenticity of a document the creditor can request the notary to adopt a determination thus allowing enforcement, the court shall issue a payment order only if the plaintiff renders possible the existence of legal interest in the issuance of payment order.

(5) If the plaintiff does not render probable the existence of the legal interest in issuing the payment order, the court shall dismiss the lawsuit.

Article 419

(1) When the petition refers to a due monetary claim not exceeding the amount of 180.000 Denars, the court shall issue a payment order against the defendant although authentic documents are not attached to the lawsuit, but the basis and the amount of the debt are stated in the lawsuit and the evidence based on which the authenticity of the lawsuit allegations can be determined are stated in the lawsuit.

(2) The payment order referred to in paragraph (1) of this Article can be issued only against the principal debtor.

Article 420

(1) The payment order shall be issued by a sole judge, i.e. president of the council without holding a hearing.

(2) In the payment order the court shall state that the defendant is obliged in a period of eight days, and in the disputes on bills of exchange and cheques in a period of three days after receiving the payment order, to fulfill the claim within the lawsuit together with the costs calculated by the court or to file an objection against the payment order within the same time period. In the payment order the court shall remind the defendant that it will dismiss the objections not filed on time.

(3) The payment order shall be served to both parties.

(4) A copy of the lawsuit, including the annexes, shall be served to the defendant together with the payment order. Article 421

(1) Unless the court adopts the proposal on issuing a payment order, it shall continue the procedure upon the lawsuit.

(2) No special appeal shall be allowed against the court’s determination not adopting the proposal on issuing a payment order.

Article 422

(1) The defendant can only abnegate the payment order with an objection. If the payment order is abnegated only in terms of the decision on the costs, such decision can be abnegated only with an appeal against a determination.

(2) In the part not being contested with the objection, the payment order becomes legally valid.

Article 423

(1) Not on time, incomplete or unallowed objections shall be dismissed by the sole judge, i.e. president of the council without holding a hearing.

(2) If the objection is filed on time, the sole judge, i.e. the president of the council shall assess whether it is necessary to schedule pre-trial hearing or a hearing for the main contention can forthwith be scheduled.

(3) In the objection the party shall be obliged to state the facts and evidence in regard to the abnegated part of the payment order.

(4) As an exception to paragraph (3) of this Article, the party can state new facts and evidence at the pre-trial hearing as well, but if it has not been held, at the first hearing for the main contention, should it render it possible that not to its fault it was not able to state them in the objection.

(5) In the decision on the main issue, the court shall decide whether the payment order remains completely or partially in force or is abolished.

Article 424

(1) If the defendant objects that there have been no legal bases for issuing a payment order (Articles 418 and 419) or that there are obstacles for the further course of the procedure, the court shall first decide upon that objection. Should it find that such objection is grounded, it shall abolish the payment order with a determination and after the legal validity of the determination it shall commence the contention upon the main issue, when the contention is possible.

(2) If the court does not adopt this objection, it shall continue to contending the main issue, and the court’s determination will be inserted in the decision on the main issue.

(3) If regarding the objection of being undue, the court finds that he claim within the lawsuit has become due after issuing the payment order, yet before the closing of the main contention, the court shall with a verdict abolish the payment order and shall decide upon the petition (Article 314 paragraph (1)).

Article 425

The court can pronounce itself locally incompetent, only upon an objection of the defendant stated in the objection against the payment order.

Article 426

(1) If the court after the issuance of the payment order pronounces itself locally incompetent, it shall abolish the payment order and after the legal validity of the determination on the incompetence it shall cede the case to the competent court.

(2) If the court after the issuance of the payment order confirms it is locally incompetent, it shall not abolish the payment order, but after the legal validity of the determination by which it has pronounced itself incompetent it shall cede the case to the competent court.

Article 427

When the court adopts a determination by which the lawsuit is dismissed, it shall abolish the payment order in the cases anticipated in this Law as well.

Article 428

(1) The plaintiff can withdraw the lawsuit without the consent of the defendant only before filing the objection. If the lawsuit is withdrawn, the court shall with a determination abolish the payment order.

(2) If the defendant until the closing of the main contention waives all the filed objections, the payment order shall remain in force.

Chapter twenty-nine

PROCEDURE IN DISPUTES OF MINOR VALUE

Article 429

Unless there are special provisions in this Chapter, the other provisions of this Law shall be applied to the procedure upon disputes of minor value.

Article 429-a

The lawsuit shall be considered withdrawn if the plaintiff in a period of eight days as of the day of filing the lawsuit, fails to pay the court fee.

Article 430

(1) Disputes of minor value, in terms of the provisions of this Chapter, shall be considered disputes in which the petition refers to a monetary claim not exceeding the amount of 180.000 Denars.

(2) Disputes of minor value shall be as well considered those disputes in which the petition does not refer to a monetary claim, yet the plaintiff has stated in the lawsuit that he agrees instead of fulfillment of certain claim to receive a financial amount which does not exceed the amount referred to in paragraph (1) of this Article (Article 33 paragraph (1)).

(3) Disputes of minor value shall also be considered disputes in which the subject of the petition is not a financial amount, but handing over movable object whose value, stated by the plaintiff in the lawsuit, does not exceed the amount referred to in paragraph (1) of this Article (Article 33 paragraph (2)).

Article 431

Disputes of minor value, in terms of the provisions of this Chapter, shall not be considered the disputes on immovables, disputes on labor relations with status character and disputes on hindering of possession.

Article 432

The procedure in disputes of minor value shall be as well conducted due to objection against the payment order, if the value of the disputed part of the payment order does not exceed the amount of 180.000 Denars.

Article 433

(1) In the procedure on disputes of minor value, a special appeal is only allowed against the determination by which the procedure is completed.

(2) The other determinations against which, according to this Law, an appeal is allowed can be abnegated only with an appeal against the decision by which the procedure is completed.

(3) The determinations referred to in paragraph (2) of this Article shall not be served to the parties, but shall be announced at the hearing and shall be inserted in the written composition of the decision.

Article 434

In the procedure in disputes of minor value, the minutes on the main contention, beside the information from Article 116 paragraph (1) of this Law, shall contain the following: 1) statements from the parties which are of significant importance, especially those in which, completely or partially, the petition or the appeal is admitted or denied, or the lawsuit is altered or withdrawn; 2) the actual content of the exhibited evidence; 3) the decisions against which an appeal is allowed and which are announced at the main contention and 4) whether the parties have been present at the announcement of the verdict, and if they were present whether they have been advised under which condition they can file an appeal. Article 435

(1) If the plaintiff alters the petition so as the value of the subject of the dispute exceeds the amount of 180.000 Denars, the procedure shall be completed according to the provisions of this Law regarding the general litigation procedure.

(2) If the plaintiff, before the closing of the main contention held in accordance with the provisions of this Law regarding the general administrative procedure, decreases the petition so as it would no longer exceed the amount of 180.000 Denars, the further procedure shall be conducted in line with the provisions of this Law regarding the disputes of minor value.

Article 436

(1) In the procedure for disputes of minor value the provisions regarding the pre-trial hearing shall not be applied.

(2) In the summons for the main contention it shall be stated, beside else, that it will be considered that the plaintiff has withdrawn the lawsuit unless he appears at any of the hearings for the main contention and that the parties shall be obliged to exhibit all facts and evidence at the first hearing for the main contention, as well as that the decision can be abnegated only because of actual violation of the litigation procedure provisions and because of misapplication of the material right.

Article 437

The verdict in the procedures for disputes of minor value shall be announced immediately after the closing of the main contention.

Article 438

(1) The verdict or the determination by which the dispute is closed in procedures upon disputes of minor value can be abnegated only because of actual violation of the litigation procedure provisions referred to in Article 343 paragraph (2) of this Law and because of misapplication of the material right.

(2) In the procedure upon an appeal in the disputes of minor value the provisions of Article 358 of this Law shall not be applied.

(3) In the procedure for the disputes of minor value, the time period for an appeal, as well as the time periods from Article 314 paragraph (2) and Article 328 paragraph (1) shall be eight days.

(4) No revision against the legally valid verdict of the court of second instance shall be allowed in the disputes of minor value.

Chapter thirty

PROCEDURE IN SELECTED COURTS Article 439

The provisions of this Chapter shall regulate the procedure in selected courts, whose head office is in the Republic of Macedonia, unless the provisions of other law or of an international agreement state that certain selected court, with head office in the Republic of Macedonia is considered foreign selected court.

Article 440

Out of force 2

Article 441

(1) The disputes without international element on the rights at free disposal of the parties can be stated in the permanent selected courts, founded by the chambers of economy and other organizations anticipated by law, unless the law determines that certain types of disputes shall be exclusively decided by another court.

(2) Competence of selected courts in other cases can be anticipated only by law.

Article 442

(1) Agreement for selected court can be concluded in regard to certain dispute, as well as in regard to the future disputes which can result from certain legal relation. The agreement for selected court shall be valid only if concluded in writing.

(2) The agreement for selected court shall be considered concluded in writing when it is also concluded by exchange of letters, telegrams, telexes, electronic mail or other means of telecommunication enabling written evidence for the concluded agreement.

(3) The agreement for the selected court shall be considered concluded in writing when it is also concluded by exchange of lawsuit, in which the plaintiff states the existence of such agreement and response to the lawsuit, not abnegated by the defendant.

(4) The agreement for selected court can only be proved with documents.

Article 443

The agreement for selected court shall also be considered concluded in legally valid manner when the provision on competence of the selected court is contained in the general conditions for concluding a legal act.

Article 444

(1) The number of judges in the selected court has to be odd.

(2) Unless the number of judges is established in the agreement of the parties, each party shall appoint one judge and they shall elect a president. (3) The courts’ judges can only be elected president of the selected court.

Article 445

(1) If the parties have agreed on the competence of the selected court when deciding upon a certain dispute, the court where the lawsuit upon the same dispute has been filed and between the same parties, it pronounces itself incompetent upon an objection of the defendant, shall abolish the performed activities in the procedure and shall dismiss the lawsuit.

(2) The objection referred to in paragraph (1) of this Article can be stated by the defendant on a pre-trial hearing at the latest, and if pre-trial hearing is not held, at the main contention before he enters the contention upon the main issue.

Article 446

(1) The party that according to the agreement for selected court shall appoint a judge of the selected court can summon the opposing party in a period of 15 days to perform this appointing and to notify it thereof.

(2) The summons in terms of paragraph (1) of this Article shall be valid only if the party addressing it has appointed its selected judge and has notified the opposing party thereof.

(3) When according to the agreement for selected court, the appointing of the judge shall be performed by a third party, and each party can address the summons referred to in paragraph (2) of this Article to the referred third party.

(4) The person summoned to appoint a judge of the selected court shall be bound to the appointing being performed as soon as such appointing has been announced to the opposing, i.e. to one of the parties.

Article 447

(1) If the judge of the selected court is not appointed on time, and nothing else results from the agreement, the judge shall be appointed by the court, on a proposal of the party.

(2) If the selected judges cannot agree on the selection of president, and nothing else results from the agreement, the president shall be appointed by the court, on a proposal of one of the judges or on a proposal of the party.

(3) The court which would have been competent for the dispute in first instance, unless an agreement has been concluded on the selected court, shall be competent for appointing a judge, i.e. president of the selected court.

(4) No special appeal shall be allowed against the court’s determination.

(5) The party refusing to apply the authorization referred to in paragraph (1) or (2) of this Article can with a lawsuit request from the court competent for appointing to announce the termination of the validity of the agreement for the selected court. Article 448

(1) Except in case of Article 447 of this Law, every party can with a lawsuit request the court to announce termination of the validity of the agreement for selected court: 1) if the parties cannot agree upon the selection of judges they shall jointly appoint and 2) if a person stated in the very agreement on the selected court to have been appointed a judge of the selected court refuses or cannot perform this duty.

(2) The court anticipated in Article 447 paragraph (3) of this Law shall decide upon the claim.

(3) At the hearing for contending the claim, the court shall summon the parties, but the court can adopt the decision even in case when the duly summoned parties have not appeared.

Article 449

(1) A judge of selected court shall be obliged to be exempted whenever there are reasons for exemption, referred to in Article 64 of this Law. Due to the same reasons, the parties can request exemption of a judge of the selected court.

(2) The party that has on its own or together with the opposing party appointed a selected judge can request its exemption, only if the reason for exemption has arisen or the party has acknowledged it after the selected judge was appointed.

(3) Unless the parties have agreed otherwise, the court anticipated in Article 447 paragraph (3) of this Law shall decide upon the exemption.

Article 450

Unless the parties have agreed otherwise, the selected judges shall establish the procedure in the selected court.

Article 451

(1) Hearing of witnesses in the selected court shall be performed without taking an oath.

(2) The selected court cannot use means of coercion nor can it impose punishments against the witnesses, parties and other persons participating in the procedure.

(3) The selected court can request from the court being locally competent for providing legal aid (Article 170), to exhibit certain evidence that it itself is not in position to exhibit. The provisions of this Law regarding exhibition of evidence with a judge whose assistance is requested shall be applied to the procedure for exhibiting evidence.

Article 452

The selected court can reach a verdict upon impartiality, only if the parties have given it such authorization.

Article 453 (1) When the selected court is composed of more than one judge, the verdict shall be reached with the majority votes, unless otherwise determined in the agreement for the selected court.

(2) Unless it is possible to reach the necessary majority votes, the selected court shall be obliged to notify the parties thereof.

(3) Unless the parties have agreed otherwise in the case referred to in paragraph (2) of this Article, each of them can request the court anticipated in Article 447 paragraph (3) of this Law to pronounce termination of the validity of the agreement for the selected court, with a lawsuit.

Article 454

(1) The verdict of the selected court has to be explained, unless otherwise agreed by the parties.

(2) The master copy of the verdict and all the copies shall be signed by all the selected judges. The verdict shall be also valid when a judge refuses to sign it, and yet it was signed by majority judges and this refusal to sign was confirmed in the verdict.

(3) Copies of the verdict shall be served to the parties through the court anticipated in Article 447 paragraph (3) of this Law. The permanently selected court shall on its own perform the service of its verdicts.

Article 455

The master copy of the verdict, as well as the confirmations for completed service shall be kept in the court anticipated in Article 447 paragraph (3) of this Law, and if the verdict was reached by the permanently selected court than in that court.

Article 456

(1) The verdict of the selected court shall have the capacity of legally valid verdict against the parties, unless the agreement anticipates possibility to abnegate the verdict with the selected court of higher instance.

(2) On a request of the party the court anticipated in Article 447 paragraph (3) of this Law shall put certificate on the legal validity and enforceability in the copy of the verdict. The permanently selected courts shall on their own put certificate regarding the legal validity and enforceability of their verdicts.

Article 457

(1) The verdict of the selected court can be annulled upon a lawsuit of the party.

(2) The court anticipated in Article 447 paragraph (3) of this Law shall be competent for deciding upon the lawsuit.

Article 458 Annulment of the verdict of the selected court can also be requested if: 1) no agreement has been concluded for the selected court or if that agreement has not been valid (Articles 440 through 444); 2) in terms of the composition of the selected court or in regard to deciding certain provision of this Law or of the agreement for the selected court has been violated; 3) the verdict is not explained in terms of Article 454 paragraph (1) of this Article, or if the master copy or the copies of the verdict have not been signed in the manner determined in Article 454 paragraph (2) of this Law; 4) the selected court has exceeded the limit of its assignment; 5) the pronunciation of the verdict is incomprehensible or contradictory to itself; 6) the verdict of the selected court is against the Constitution of the Republic of Macedonia and to the established basis of the state system and 7) certain reason for repeating the procedure from Article 392 of this Law, exists.

Article 459

(1) The lawsuit for annulling the verdict of the selected court can be filed to the competent court in a period of 30 days. If the annulment is requested due to the reasons stated in Article 458 items 1 through 6 of this Law, this time period shall begin as of the day the verdict is served to the party, and if the party has acknowledged the reasons later, then as of the day of acknowledging. In terms of commencement of the time period when annulment is requested because of the reason stated in Article 458 item 7 of this Law, the provisions of Article 393 paragraphs (1) and (2) of this Law shall accordingly apply.

(2) After one year as of the legal validity of the verdict of the selected court, annulment of the same cannot be requested.

Article 460

The parties cannot agree to waive the application of the provisions of Article 449 paragraph (1) and (2), Article 454 paragraphs (2) and (3) and Articles 457, 458 and 459 of this Law.

Chapter thirty-one

PROCEDURE IN ECONOMY DISPUTES

Scope of application

Article 461

The provisions of this Law shall be applied to the procedure for economy disputes, unless otherwise determined in the provisions of this Chapter.

Article 462

The provisions for the procedure in economy disputes shall be applied: 1) in disputes for economy relations in which both parties are legal entities and 2) in disputes that refer to sale of ships in internal waters, as well as in disputes in which the sailing right is applied (sailing disputes), except in disputes for passenger transport. Article 463

The provisions for procedure in economy disputes shall be applied as well to the disputes resulting from economy relations of owners of stores and other individuals who in form of registered occupation perform certain economy activity, i.e. from the economy relations of those persons and the legal entities referred to in Article 462 item 1 of this Law.

Article 464

The provisions of the procedure in economy disputes shall be as well applied in disputes between the persons of Article 462 item 1 of this Law and foreign natural persons and legal entities resulting from their economy relations, as well as in such disputes of foreign natural persons and legal entities.

Article 465

The provisions in the procedure in economy disputes shall be applied in the dispute when, beside the persons referred to in Article 462 item 1 and Article 464 of this Law, other natural persons and legal entities participate as co-litigants as referred to in Article 186 paragraph (1) item 1 of this Law.

Competence and court composition

Article 466

In disputes for the purpose of declaring existence or non-existence of agreement, due to enforcing or annulling an agreement, as well as in disputes for damage compensation due to not enforcing an agreement, beside the court of general local competence, locally competent shall as well be the court in the area where according to the agreement of the parties the defendant is obliged to enforce the agreement.

Article 467

In the procedure for economy disputes a sole judge shall try if the value of the subject of the dispute does not exceed the amount of 1.800.000 Denars, and in disputes for paying interest regardless of the value of the subject of the dispute. Preparing the main contention

Article 468

(1) In urgent cases, the president of the council can forthwith after the prior examination of the lawsuit, schedule a pre-trial hearing or hearing for the main contention. No appeal shall be allowed against this decision of the president of the council.

(2) The president of the council shall be authorized to schedule the hearing by phone or by a telegram in urgent cases.

Legal remedies Article 469

(1) Revision in economy disputes against a legally valid verdict reached in second instance shall be allowed if the value of the subject of the dispute of the abnegated part of the legally valid verdict exceeds 1.000.000 Denars.

(2) Revision in economy disputes against legally valid verdict of second instance shall always be allowed in the disputes referred to in Article 372 paragraph (3) items 4 and 5 of this Law.

Other provisions

Article 470

If both parties agreeably propose the hearing to be postponed in order to try to settle, the court shall accept this proposal and shall forthwith notify the parties on the date and hour when new hearing is going to be held.

Article 471

The following time periods shall be valid for the procedure in economy disputes: 1) time period of 30 days after the expiry of which no proposal for reinstatement referred to in Article 110 paragraph (4) of this Law can be submitted; 2) time period of eight days for filing an appeal against a verdict, i.e. determination and period of three days for filing a response to an appeal; 3) time period of eight days for performing an action, and for the actions that are not consisted of litigation activities, the court can determine longer time period.

Article 472

(1) In the procedure for economy disputes the parties can, apart from the hearing, give oral statements to the minutes in court.

(2) The document on which basis payment order is being issued in accordance with Article 418 of this Law does not have to be enclosed in its master copy or in form of a certified copy. It is sufficient that the copy of such document is certified by the authorized body of the legal entity.

(3) In the procedure for economy disputes the provisions of Article 419 paragraph (1) of this Law shall not be applied.

Article 473

(1) In the procedure for economy disputes, disputes of minor value shall be disputes in which the petition refers to a monetary claim not exceeding the amount of 300.000 Denars.

(2) Disputes of minor value shall be considered disputes in which the petition does not refer to a monetary claim, yet the plaintiff has stated in the lawsuit that he agrees instead of fulfillment of certain claim to receive certain monetary amount that does not exceed the amount of paragraph (1) of this Article (Article 33 paragraph (1)). (3) Disputes of minor value shall be considered disputes in which the subject of the petition is not financial amount, but handing over of a movable object whose value, stated by the plaintiff in the lawsuit, does not exceed the amount of paragraph (1) of this Article (Article 33 paragraph (2)).

(4) In the procedure for disputes of minor value in economy disputes, the provisions for pre- trial hearing shall not be applied.

Part four

TRANSITIONAL AND FINAL PROVISIONS

Article 474

(1) If before the day this Law is applied, a verdict in first instance is reached or a determination by which the procedure in the court of first instance is completed is adopted, the further procedure shall be conducted according to the existing regulations.

(2) If following the day this Law commences its application, the decision of first instance referred to in paragraph (1) of this Article is abolished, the further procedure shall be conducted according to this Law.

Article 475

The provision of Article 440 of this Law shall cease to be valid as of the day of entrance into force, i.e. as of the day of applying the law that shall regulate the procedure on international trade arbitration.

Article 476

As of the day this Law commences its application the Law on Litigation Procedure (“Official Gazette of the Republic of Macedonia” number 33/98 and 44/2002) shall cease to be valid.

Article 477

This Law shall enter into force on the eight day of its publishing in the “Official Gazette of the Republic of Macedonia”, and shall be applied after the expiry of three months as of the day this Law enters into force.

PROVISIONS OF OTHER LAW Law Amending the Law on Litigation Procedure (“Official Gazette of the Republic of Macedonia” no.110/2008): Article 19 The procedures in courts of first instance opened before this Law enters into force, shall be closed according to the existing regulations. The procedure in courts of first instance which are not opened before this Law enters into force, shall be conducted in accordance with the provisions of this Law. Article 20 The provisions of this Law on serving in electronic way in an electronic safety box shall be applied until the expiry of one year as of the day this Law enters into force.