PRAVNA SIGURNOST U PROVOĐENJU INSOLVENCIJSKIH POSTUPAKA U BOSNI I HERCEGOVINI KROZ PARADIGMU SISTEMA DRŽAVNE POMOĆI /LEGAL CERTAINTY IN IMPLEMENTATION INSOLVENCY PROCEEDINGS IN BOSNIA AND HERZEGOVINA THROUGH THE PARADIGM OF THE STATE AID SYSTEM

Abstract

In Bosnia and Herzegovina,and in entities of her (FBiH and RS) and Brcko District, in the process of economic transition, modern bankruptcy laws have been adopted, and they are adapted to market conditions of business, which again regulate different legal institutes. In addition to the fact that some legal institutes in the context of bankruptcy law are not sufficiently illuminated or sufficiently represented in practice, in this paper we have raised an additional question, how can the state be exposed in this procedure? Purpose of this work is to determine whether bankruptcy law provides for the possibility of operational or regulatory involvement of the state or is it governed by a specific legal regulation? Is the question of admissibility of state participation in the context of achieving legal certainty also indicative? In the course of the bankruptcy reorganization procedure, it is possible to project certain measures in the reorganization plan in order to recover the debtor. However, if the shareholders and creditors of the debtors do not agree in a way to prevent the disappearance of the business entity from the market, what mechanisms can be achieved by the institutions of the state, or what are the motives of the state institutions to accept this possibility. Even if this is possible, the question arises as how do that selection of those business entities who have gone bankrupt and they are “socially justified” could be maintained in the economic life of that country? Would this mean that some business entities are in a privileged position over others? In this context, in this paper we will to answer the questions above.