Bojana Link – Faculty of Law at University of “Vitez” in Vitez, , PC 96 Vitez 72250 Vitez, Bosnia and Herzegovina
Maja Ploco – Faculty of Law at University of “Vitez” in Vitez, , PC 96 Vitez 72250 Vitez, Bosnia and Herzegovina

DOI: https://doi.org/10.31410/ERAZ.2019.237


5th International Conference – ERAZ 2019 – KNOWLEDGE BASED SUSTAINABLE DEVELOPMENT, Budapest – Hungary, May 23, 2019, CONFERENCE PROCEEDINGS

Published by: Association of Economists and Managers of the Balkans – Belgrade, Serbia
Conference partners: Faculty of Economics and Business, Mediterranean University, Montenegro; University of National and World Economy – Sofia, Bulgaria; Faculty of Commercial and Business Studies – Celje, Slovenia; Faculty of Applied Management, Economics and Finance – Belgrade, Serbia;

ISBN 978-86-80194-20-2, ISSN 2683-5568, DOI: https://doi.org/10.31410/ERAZ.2019

Abstract

The Alimentary Fund in the Federation of Bosnia and Herzegovina is a topic that has drawn
the attention of the public for the last five years in the Federation of Bosnia and Herzegovina. During the
100th session of the Federal Government, more precisely on the 19thFebruary, 2014, the Federal Ministry
of Finance, in cooperation with the Federal Ministry of Justice and the Federal Ministry of Labour and
Social Policy, has been assigned the role of considering the possibilities for establishing an alimony fund
and submitting a proposal to the Government for the solution of this problem. The problem itself arises
from Article 237 of the Family Law of Federation of Bosnia and Herzegovina, which is characterized as
insufficiently clear, resulting in the need to construct a sub-legal act that will deal in more detail with the
issue of how to secure funds from the Federation of Bosnia and Herzegovina Budget intended to support
a child, with the aim of clarifying determination of jurisdiction. The Family Law of Federation of Bosnia
and Herzegovina in Section V, concerning support, elaborated in detail all aspects of support, including
the maintenance of a child assigned to one parent for care and upbringing. As the non-payment of alimony
has been established as a criminal offense, the question arises as to why there is a need for the so-called
„alimentation fund” at the federal level? Will this fund be used by parents who are unable to pay for alimony
or by single parents? Will the legislator take over the obligation to prosecute individuals who do not
pay alimony, and weather will the collection of obligations, according to the enforceable document, be by
the means of seizure of real estate in a procedure of forced collection?

Key words

Alimentary fund, Family Law, Alimony, Support, Social welfare centre.

References

[1] Calija, B., Omanovic, S., Građansko procesno pravo, Law faculty, University of Sarajevo,
Sarajevo, 2000.
[2] Family Law of the Federation of Bosnia and Herzegovina, Službene novine FBiH, no.
35/05 and 41/05.
[3] Law on the Basics of Social Protection, Protection of Civil Victims of War and Family Protection
with Children, „Službene novine Federacije BiH“ no. 36/99, 54/04, 39/06 , 14/09
and 45/16.
[4] Law on Executive Procedure of the Federation of Bosnia and Herzegovina, „Službene
novine Federacije BiH“ no. 32/2003, 52/2003 – ispr. 33/2006, 39/2006 – correction, 39/2009,
35/2012, 46/2016 and „Službeni glasnik BiH”, no. 42/2018.
[5] Criminal Code of the Federation of Bosnia and Herzegovina, „Službene novine Federacije
BiH“ no. 36/2003, 21/2004 – correction., 69/2004, 18/2005, 42/2010, 42/2011, 59/2014,
76/2014, 46/2016 and 75/2017.