Search

The subject of the paper is the role of the court in the burden of proof in civil proceedings. Although the burden of proof is primarily on the parties, the role of the court in civil proceedings dictates that it undertakes actions that will enable the parties to gather all legally relevant facts, propose and produce evidence to prove those facts. Considering the intention of Bosnia and Herzegovina to become a member of the European Union, and that it needs to harmonize the law with the law of the European Union, in addition to the domestic law, the law of the European Union is analyzed in the paper. The goal of the research is to show how the court acts in relation to the burden of proof, what are its powers and how the court's actions reflect on the legal position of the parties. The aim of the research was reached by applying, first of all, the normative method by which the law of Bosnia and Herzegovina and the European Union was studied and examined. In addition to this method, the paper used a synthesis method based on which the basics of the burden of proof were pointed out in order to understand its nature and a deductive method on the basis of which the research was started, based on general knowledge about the burden of proof. Based on the research, it was found out that in Bosnia and Herzegovina the parties are obliged to present procedural materials and when the court finds that an individual party did not present legally relevant facts or did not prove them, the court may not ask questions that would influence the party to present and prove legally relevant facts. In the law of the European Union, in the procedure for issuing the European payment order and the European small claims procedure, the court is obliged to take actions that will influence the plaintiff to prove legally relevant facts, which is to the detriment of the defendant. Such behavior leads to inequality between litigants. [ABSTRACT FROM AUTHOR]

The first legal regulation of the accounting of insurance companies began as early as 1978, the directives were changed due to alignment with the needs of presenting insurers' financial information. The latest Solvency II directive represents the legislative framework for the overall operation of insurance companies and reinsurance companies in the European Union. It entered into force at the beginning of 2016. Although it is not exclusively an accounting directive, it introduced a market-consistent valuation of assets and liabilities through the balance sheet, with the aim of adequate capitalization taking into account all the risks taken, which would result in the desired profitability. The first Regulation on the application of international accounting standards was adopted in 2002. Its goal was the adoption and use of international accounting standards in the community to harmonize financial data, and ensure a high level of transparency and comparability of financial statements, and thus the efficient functioning of the community's capital market and the internal market. International accounting standards were developed by the International Accounting Standards Committee, whose intention was to develop a single set of global accounting standards. As a member of the International Association of Accountants, Bosnia and Herzegovina is obliged to apply international accounting standards. In the paper, we will discuss the emergence of regulations governing the accounting and financial reporting of insurance companies, the position of Bosnia and Herzegovina in international accounting organizations, and its readiness to apply all EU accounting regulations for insurance companies. [ABSTRACT FROM AUTHOR]