Area: Pravosodje
Competent authority: MP
EZU URL: .nan
Initiative ID: 976
Initiative accepted and completed: .nan
Initiative classified in EZU: .nan
Initiative forwarded in response: '2019-09-12'
Initiative published: '2019-09-12'
Initiative submitted: '2019-09-10'
Response from the competent authority: "Reply from the Ministry of Justice: With regard\
  \ to the petition submitted on obtaining a stamp of finality on the decision on\
  \ succession, we would like to clarify the following.At the end of the succession\
  \ proceedings, the court issues a decision on succession, in which it determines\
  \ the extent of the estate and declares the heirs and legatees and other persons\
  \ who have acquired a right under the estate. The order of succession becomes final\
  \ when it can no longer be challenged on appeal, that is, after 15 days have elapsed\
  \ from the date on which the order was served on all parties to the proceedings\
  \ (Article 172 of the Succession Act[1]).The heir may obtain the stamp certifying\
  \ the finality of the order of succession during office hours[2] at the registry\
  \ of the Probate Division of the court which issued the order of succession. The\
  \ final validity of the decision shall be certified by the authority which issued\
  \ the decision[3], which may be done by the registrar without an order from the\
  \ judge[4]. The opening hours for uninvited parties in all courts are on Monday,\
  \ Wednesday and Friday from 9 a.m. to 12 noon and on Wednesday from 2 p.m. to 4.30\
  \ p.m.[5] The legislation does not preclude the possibility for a person authorised\
  \ by the heir or for the heir to apply in writing for the confirmation of the decision\
  \ on succession to obtain the stamp.At present, the technical possibilities do not\
  \ allow for other facilitations for obtaining a certificate of finality, such as\
  \ those mentioned in your petition, but both the Ministry of Justice and the judiciary\
  \ are also seeking to speed up the settlement of cases and to facilitate access\
  \ to the courts for the parties through computerisation of the administration of\
  \ justice.Article 2 of the Rules on the form and content of individual court registers,\
  \ directories, subsidiary registers and standardised forms, which are prescribed\
  \ by the President of the Supreme Court, stipulates that registers and subsidiary\
  \ registers are to be kept electronically in the information systems of the judiciary.\
  \ According to the Annual Report on the Efficiency and Effectiveness of the Courts,\
  \ the existing information system is in the process of being upgraded with e-commerce\
  \ functionalities, including electronic service, electronic filing, and access to\
  \ information in the registry and the case file, as provided for by law and the\
  \ Rules of Court. The project is in the implementation phase.\r\n[1] Official Journal\
  \ of the SRS, No. 15/76, 23/78, 13/94 - ZN, 40/94 - Decree of the US, 117/00 - Decree\
  \ of the US, 67/01, 83/01 - CC, 31/13 - Decree of the US and 36/16.[2] Article 70\
  \ of the Code of Procedure (Official Gazette of the RS, No. 87/16).[3] Article 42\
  \ of the Law on Enforcement and Security (Official Gazette of the RS, No. 87/16).\
  \ 3/07 - Official consolidated text, 93/07, 37/08 - ZST-1, 45/08 - ZArbit, 28/09,\
  \ 51/10, 26/11, 17/13 - Decree of the US, 45/14 - Decree of the US, 53/14, 58/14\
  \ - Decree of the US, 54/15, 76/15 - Decree of the US, 11/18 and 53/19 - Decree\
  \ of the US)[4] Article 231 of the Judicial Code.[5] Article 50 of the Judicial\
  \ Code."
Text file: 976.txt
Title: Simplification of the bureaucratic procedure for validation
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=976
