Basic courts are relieved of the work of probate cases, and the probate procedure is fast and efficient, which was the goal of the legislative changes from May 2015, which introduced the mandatory jurisdiction of notaries.
The flow of enforcement cases in the basic courts also decreased, so the basic courts received a total of 2.375 enforcement cases based on the enforcement document, which is significantly less compared to the period before the start of their work. The Commercial Court of Montenegro had 2.602 cases before the start of the work of public bailiffs, and all of them were completed after the start of the work of public bailiffs.
These are the conclusions of the analysis of the work of notaries and public bailiffs on the workload of judges, based on the impact of new laws (the Law on non-litigation proceedings, the Law on enforcement and security and the Law on public bailiffs). In the Analysis of the Ministry of Justice, it is stated that the annual influx of probate cases in basic courts in 2012 was 5.473 cases, in 2013 5.983 cases, and in 2014 6.402 cases.
"Since the beginning of the application of the Law on Amendments to the Law on Non-litigation Procedure, that is, from May 1, 2015, the number of probate cases entrusted to notaries by the courts is 3.131 cases. The duration of the procedure for discussing the legacy is an average of 30 days," the document says. As for public bailiffs, it is stated that, since the beginning of their work, they have received a total of 114.951 cases, and they have solved 34.815 cases, that is, about 30 percent.
"The average duration of the procedure with public bailiffs in all cases is 75,5 days, with the fact that in cases where no objection was filed, it is 56 days...", the document adds.
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