Prohibition of double and multiple Lis pendens in court proceedings – solutions and dilemmas in Macedonian law -

In modern procedural law, it is unthinkable and extremely irrational and uneconomical to conduct identical or interconnected court proceedings between the same parties. This is at the same time and in contradiction with the principle of legal protection according to which the state is obliged to provide legal protection only once for the same legal matter. Therefore, to overcome these situations that may unnecessarily cause legal uncertainty, there are rules on Lis pendens and rules on the prohibition of double and multiple Lis pendens in civil and criminal proceedings. They represent a preventive form of mutual coordination between judicial authorities and an instrument with the help of which the possibility of adopting contradictory final decisions in different proceedings for the administration of justice (for example, civil proceedings and criminal proceedings) should be avoided. The rules on Lis pendens prevent the occurrence of a positive conflict of jurisdiction and the possibility of conducting identical or mutually incompatible court proceedings between the same parties.

Keywords: civil procedure, criminal procedure, Lis pendens, principle of economy, principle of legal certainty