HOW THE CENTRAL AUTHORITY WORKS IN BOSNIA AND HERZEGOVINA

This article will provide guidance on How The Central Authority Works in Bosnia and Herzegovina. Through the Hague Service Convention, it is necessary to identify the authority or judicial person in the state authorized to transmit requests for service overseas. This is the forwarding authority, the Ministry of Justice in Bosnia and Herzegovina. Click here for How the Hague Convention Simplifies International Process Service.

It is essential to ensure that your documents comply with the recipient state’s demands for service of process. Adherence to the receiving state’s legislation (including the civil procedure code and court regulations) becomes of utmost priority.  The means of service are outlined in domestic legislation, namely the Civil Procedure Codes of the Federation of Bosnia and Herzegovina, the Republika Srpska, and the Brko District of Bosnia and Herzegovina. A private process service agency like Undisputed Legal can be beneficial in ensuring that these papers are adequately served. Click Here for Frequently Asked Questions About Process Servers!

It is also important to specify if papers to be served under Article 5(1) are to be in or translated into the State’s official language. In Bosnia and Herzegovina, translation is unnecessary for the meaning of Article 5(3), which differs significantly with more Hague Convention nations.  However, it is often preferable to include a translation. The official languages of Bosnia and Herzegovina are Bosnian, Croatian, and Serbian. Consequently, our local process servers at Undisputed Legal can help ensure that your papers adhere to the country’s domestic requirements. Click here for information on How Process Servers Protect Your Rights: Myths Debunked.

Understanding the Central Authority in Bosnia and Herzegovina

The Ministry of Justice or the Ministarstvo pravde Bosne i Hercegovine is the government agency responsible for overseeing the Bosnian and Herzegovinian judicial system.  The Ministry of Justice of the Republic of Bosnia and Herzegovina started functioning in the Socialist Federal Republic of Yugoslavia (SFRY) at the level of the newly constituted Republic of Bosnia and Herzegovina after the country declared independence in 1992. In 2008, the judicial systems of Bosnia and Herzegovina were devolved to the respective Entity Ministries of Justice. With the inauguration of a new government in 2006, the Ministry of Justice of Bosnia and Herzegovina took over responsibility for the country’s judicial system. Click Here for information on the Code of Civil Procedure in Bosnia and Herzegovina!

The Bosnia and Herzegovina Ministry of Justice oversees the country’s many judicial bodies. Bosnia and Herzegovina’s principal coordinating agency in the realm of justice is the Prosecutor’s Office in the Ministry of Justice. The Ministry of Justice is responsible for the proper administrative functioning of the judicial authorities of Bosnia and Herzegovina, as well as collaboration with international criminal tribunals, and for formulating proposals of laws, sub-law acts, and other regulations at the state level. Click here for information on How Rush Process Service Can Expedite Your Case.

The Ministry of Justice of Bosnia and Herzegovina is in charge of formulating, interpreting, and overseeing the implementation of state-level judicial rules. The Ministry of Justice draughts legislation and sub-law actions. It gives expert views on making the judicial system more effective according to the demands of practice and European standards. Click here for information on How Service of Process Ensures A Solid Foundation.

The Ministry of Justice of BiH sets the legal circumstances for the activity of the judicial institutions at the state level. This includes the Court of BiH, the Prosecutor’s Office of BiH, the High Judicial and Prosecutor’s Council, and the Public Attorney’s Office of BiH. The Ministry of Justice is responsible for drafting state-level process and material laws in the criminal and civil areas, in addition to laws for the establishment of the judiciary institutions (Law on the Court of Bosnia and Herzegovina, Law on the Prosecutor’s Office of Bosnia and Herzegovina, Law on High Judiciary and Prosecutors Council of Bosnia and Herzegovina, and Law on Public Attorney’s Office of Bosnia and Herzegovina). Click here for information on How Timelines Are Important in Process Serving.

The Ministry of Justice handles the judicial authority at the state administrative level. This also means that the Ministry handles cooperation between national and regional courts (including access to international legal resources and liaison with foreign courts) and aligns the law and its execution at all levels with the obligations arising from international agreements. However, it is remiss to believe that the Ministry of Justice handles the entire foreign process service alone. The Ministry of Justice is also responsible for working with the Department of Foreign Affairs and other Entities to create new international treaties. This would include enforcing laws about civil officials and employees of administrative bodies, administrative processes, special administrative procedures, and office administration.  Click here for information on How To Identify A Good Process Service Agency

It should be known that Bosnia and Herzegovina is responsible for paying the fees associated with having legal papers served on its territory, as required by Article 12(2) of the Convention. If you found this article helpful, kindly consider leaving us a review. Click here for information on How To Overcome Language Barriers in Process Service 

Apostilling a document in Bosnia

The apostille, sometimes known as the “Hague apostille,” is a certificate that certifies the authenticity of the issuing authority of a public document (such as a certificate of birth, marriage, or death, a judgment, an extract from a register, or a notarial attestation). It verifies the signer’s identity and the official’s capacity to execute the document in question.

If a document from Bosnia and Herzegovina is certified with an apostille by the Hague Apostille Convention of 1961, it will be valid in any other Hague Convention country without the need for further certification, such as consular legalization. Over 121 countries have signed on to the Convention thus far.

An apostille is required in countries not signatories to the Hague Convention. If this is a public document, it must be legalized by the consulate. The overall amount of papers an applicant needs to be authenticated will determine the final apostille cost.

The procedure for obtaining an apostille in Bosnia and Herzegovina commences with obtaining the original document and then procuring the  Apostille certification from a recognized authority. It should be known that documents with the apostille must be presented in the destination country.  This may be a lengthy procedure, particularly if several papers are required and numerous nations are involved. To guarantee a smooth and accurate apostille process, it is essential to obtain help from professionals knowledgeable about requirements and processes like those at Undisputed Legal. Acquiring an apostille for a document might go more smoothly with their assistance.

The document must be either the original or a copy verified as authentic by the appropriate agency, and the information in the paper should be complete and correct. Documents submitted for apostille must either be written in the issuing nation’s language or translated into that language.

Foreign document holders must legalize their papers in jurisdictions where apostilles are not accepted. However, legalization is not required if the receiving country recognizes and grants apostilles. The issuing authority, such as a country’s Ministry of Foreign Affairs (this varies by document type), and the receiving embassy must authenticate the document before it may be used abroad. Note that authentication only verifies the signature’s legitimacy, not the validity of the qualification itself. Obtaining the document’s translations into the destination country’s language or supplying other supporting evidence, as the consular office asks, may be extra stages in the consular legalization procedure.

Notarization in Bosnia and Herzegovina

Appointments are required for notarization services for U.S.-bound papers. Online appointment scheduling is required for notarial services. Usually, the document to be notarized is for use inside the United States; however, there may be exceptions. It is not necessary to schedule separate appointments to get each document notarized. On the day of the appointment at the Embassy or Consulate, the party will be asked to pay USD 50 for each notary seal.

Documents are signed by hand. It is crucial not to sign any paperwork until the notary’s say so. It is essential to submit the complete package, even if some pages do not call for a signature or seal. The party must have good mental capacity and know what they sign before a notary. No one working at a consulate can significantly assist in understanding the document’s contents. Consequently, obtaining advice from a private process service agency like Undisputed Legal can be helpful. Our experience with foreign service processes can ensure that your documents adhere to notarization requirements. 

The party must provide their witnesses if the notary service calls for them. Consular officers cannot notarize documents.

Power of Attorney

Specific fields should be filled out in a POA.  Additionally, photocopies of both sides of each parent’s original, legal, government-issued picture ID must be supplied with the POA. 

Documents issued in the United States need an apostille. Documents issued in the United States or other countries cannot be authenticated with an Apostille from a U.S. embassy.  Under the 1961 Hague Convention, to which both Bosnia and Herzegovina and the United States are parties, any public document (such as a birth or marriage certificate, divorce decree, or notarized document) issued in BiH must be certified by an apostille before it can be used in the United States.

If the party issued a power of attorney to a lawyer for conducting the litigation and did not specify the scope of authorization, a lawyer in Bosnia shall, based on such power of attorney, be authorized to perform all actions in the proceedings and, in a particular file, withdraw or respond to the complaint, acknowledge or expressly waive the statement of claim, reach a settlement, submit a request for, expressly waive or withdraw a legal remedy and request issuing of the security measures. The lawyer can also apply enforcement or security measures and

commence necessary actions in the proceedings about that request and receive awarded compensation for costs from the adverse party.

Written by: Undisputed Legal Inc.

Sources

1. The Bosnian and Herzegovinian Ministry of Justice

Location: Bosnia & Herzegovina’s Ministry of Justice

71000 SARAJEVO, Trg Bosne i Hercegovine No. 1 Slavonia and Hercegovina

2. The Bosnian and Herzegovinian Ministry of Justice

Location: Bosnia & Herzegovina’s Ministry of Justice

71000 SARAJEVO, Trg Bosne i Hercegovine No. 1 Slavonia and Hercegovina

3. Assistant Mniter

Address: Trg BiH 1, 71000 Sarajevo, Bosnia and Herzegovina

e-mail: dijana.beribaka@mpr.gov.ba

4. The Bosnian and Herzegovinian Ministry of Justice is authorized to work with international bodies like the International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice. Law on the Transfer of Cases from the International Criminal Tribunal for the Former Yugoslavia (“Official Gazette of BiH,” no. 61/04) was written and normatively defined as part of the cooperation, as were periodic reports, information, and opinions. The Ministry coordinates and directs actions with international courts, such as monitoring the execution of rights and responsibilities derived from applicable international commitments, and it actively participates in all significant international meetings.

5. The Ministry of Justice in BiH coordinates efforts to resolve the country’s growing backlog of unresolved legal matters. Efforts are underway to provide tangible ideas to help bring about an effective judiciary in Bosnia and Herzegovina. The Action plan for lowering the number of unresolved cases was developed in conjunction with the High Judicial and Prosecutorial Council of BiH, and among other things, it calls for the creation of a Coordination Committee and working groups charged with the job of addressing around two million unsolved cases

6. The Official Gazette of Bosnia and Herzegovina, No. 5/03, March 7, 2003

7. Authorities in Bosnia and Herzegovina Authorised to Issue Apostilles

Bosnia and Herzegovina’s Federal Municipal Courts

Republika Srpska’s Primary Judicial Branches

The Supreme Court of Bosnia and Herzegovina’s Brcko District

8. They must have the word “Apostille” and a reference to the 1961 Hague Convention, written in French as the “Convention de La Haye du 5 October 1961.”

9. Bosnian and Herzegovinian Apostille

Land registration extracts from the commerce registry of Bosnia and Herzegovina

1. Official legal documents
2. Court-appointed interpreters’ translations
3. Certificates and decrees issued by the state
4. All educational credentials include school transcripts, university degree transcripts, topic overviews, matriculation certificates, extra school or university certificates, and other certifications from state and state-recognized institutions.
5. Documents such as powers of attorney, wills, and declarations
6. Other Official Records
7. Business Agreements
8. Invoices
9. Paperwork required for customs, embassies, and consulates
10. Identification Cards
11. Apostille details and required paperwork in Bosnia and Herzegovina

10. Apostille stamps in Bosnia and Herzegovina are square and issued in the issuing nation’s language. The apostille certificate will have dimensions of at least 9 centimeters on each side.

11. Apostille stamps may only be attached by the officially recognized competent authority per the rules in place.