On 12.07.2022, the Department of Civil Cases of the Supreme Court of the Republic of North Macedonia, acting upon a request for the adoption of a legal opinion for the purpose of unifying the judicial practice, established a legal opinion according to which for the execution of court decisions that determine temporary measures as a means for securing a claim, the executor is competent according to the Law on Enforcement.
Adoption of a legal opinion on determining authority for the execution of court decisions with which temporary measures are determined is the result of the uneven judicial practice, which results with different actions of executors acting upon submitted requests for the execution of court decisions in which a temporary measure is determined.
Namely, before the adoption of the legal opinion, there was a quandary which authority is competent for implementation and execution of the actions determined in the adopted court decisions for the issuance of a temporary measure, i.e. whether they are the basic courts in accordance with the provisions of the Law on securing claims or competent are the executors in accordance with the Law for Enforcement.
The Supreme Court, taking into account the provisions of the Law on Securing Claims and the Law on Enforcement, determined that when the Court bring a decision that adopt the proposal for securing a claim with a temporary measure, and the creditor submitted a request for the implementation and execution of the actions determined with the adopted final and enforceable court decisions, we are talking about the implementation of forced execution of an enforceable court decision. Namely, in a situation where specific actions need to be taken to implement the decision, such executions will be carried out by the competent executor according to the provisions of the Law on Enforcement.