Court procedural record / Primary source
Aleksandra Pekez Kalinić’s panel assigns jurisdiction to the Basic Court — R.22/24, 21 August 2024
The Appellate Court panel of Aleksandra Pekez Kalinić, Vesna Bojović and Olivera Pejak Prokeš resolves the jurisdictional conflict in favour of the Basic Court. Its reasons recount the Vojvodina 1976 argument, then rely on a 1980 statute and the 2023 court-organization statute. The Basic Court receipt stamp is dated 30 August.
Court of Appeal in Novi Sad 2024-08-21
On 21 August 2024, the Appellate Court in Novi Sad, sitting as the panel chaired by Aleksandra Pekez Kalinić with Vesna Bojović and Olivera Pejak Prokeš, determines in R.22/24 that the Basic Court in Novi Sad has subject-matter jurisdiction over Milan Petrović’s claim for annulment of full adoption. The document does not decide the merits of that claim.
The first page recounts the Higher Court’s 26 February P.98/2024 ruling and the Basic Court’s contrary reliance on Article 28(1) of the Adoption Act of the SAP of Vojvodina, Gazette 24/76, together with Article 358(1) of the Family Act. On the second page, the panel reasons through Article 358 of the Family Act and Articles 418 and 185 of the Act on Marriage and Family Relations. The repeal reference there names the Adoption Act published in the Socialist Republic of Serbia’s Gazette 17/76, a different cited designation from SAPV 24/76.
The panel reads Article 185 as prescribing territorial jurisdiction only and applies Articles 24(2) and 25 of the Act on the Organization of Courts to subject-matter jurisdiction. It states that the district court no longer exists and that the former adoption statute’s reference to that court cannot establish the Higher Court’s jurisdiction contrary to the applicable court-organization statute. These are the panel’s stated reasons.
The ruling is dated 21 August; the Basic Court receipt stamp is 30 August 2024. There are 114 days between the 29 April Basic Court ruling and this 21 August ruling. The PDF does not identify when the file arrived at the Appellate Court.