LAWYER BUBIĆ HAS NOT BEEN SERVED WITH DECISION OF BiH COURT REGARDING APPEAL AGAINST CEC DECISION ON TERMINATION OF MANDATE

BANJA LUKA, AUGUST 27 /SRNA/ – Goran Bubić, the lawyer of the President of Republika Srpska Milorad Dodik, stated that, as the legal representative of the President, he has not yet been served with the decision of the Court of BiH adopted in connection with the appeal against the decision of the Central Election Commission /CEC/ on the termination of the mandate of the President of Srpska, dated August 6 of this year.

SRNA conveys in full the statement of lawyer Bubić:

"This CEC decision was received by the Office of the President on August 11 of this year, but was never delivered to the legal representative, even though the power of attorney for representation was submitted to the CEC BiH immediately prior to the session held on August 6.

The appeal by the legal representative was filed within the deadline, within 48 hours /two days according to the legal instruction/. It was submitted to the post office the following day, August 12, as a registered mail item.

To our knowledge, the court's decision regarding the appeal has not been directly delivered to the client either.

Considering the various interpretations in public, where mostly only the finality of the CEC BiH decision is mentioned, we wish to remind that, in addition to finality, there is also the legal concept of enforceability of a decision, including decisions on termination of mandate.

According to the statutory provisions on the service of documents, applicable in all proceedings /criminal, civil, administrative/, the enforceability of a court decision cannot occur before the decision is delivered to the party, in this case to the legal representative, in accordance with the law on service of documents.

Therefore, in this case, the CEC BiH decision on the termination of the mandate of August 6 is not enforceable as of today, which means that it does not yet produce legal consequences in accordance with the operative part/disposition of the decision itself.

With this statement, the legal representative in no way enters into the personal position of the represented party, President Milorad Dodik, regarding the decisions of the Court of BiH concerning the mandate of the President of Republika Srpska.

In any case, we believe that these politically motivated decisions, without a foundation in the rule of law, starting with the very incrimination of a `criminal act` by the illegitimate Schmidt, then the trial in which the discussion of legally relevant defense objections was excluded at all stages of the procedure, because `orders from the OHR` were more important, and the termination of the mandate by the decision of the CEC BiH, will be overturned at higher legal instances."