Pravo zemalja u regionu
Law of the Countries in the Region
Contributor(s): Vladimir Čolović (Editor)
Subject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Criminal Law, Civil Law, Human Rights and Humanitarian Law, Public Administration, Public Law, Politics and law, EU-Legislation
Published by: Institut za uporedno pravo
- Page Count: 566
- Publication Year: 2010
- Language: Serbian
Reforma parničnog postupka u Bosni i Hercegovini
Reforma parničnog postupka u Bosni i Hercegovini
(Reform in Litigation Procedure in Bosnia and Herzegovina)
- Author(s):Duško Medić
- Language:Serbian
- Subject(s):Civil Law
- Page Range:15-37
- No. of Pages:23
- Keywords:litigation procedure; systematics of law; basic principles; remedies
- Summary/Abstract:Codes of Litigation Procedure of the Republic of Srpska and the Federation of BiH has many added features that significantly speeds up the entire civil action in court. Many solutions to these laws are completely new, while some uncritically taken over from Anglo-Saxon legal system. We hope that after initial difficulties, which are inevitable in such situations, the situation in this area will be better and that the value of these laws still come to full expression.
Suđenje u krivičnim predmetima: nova praksa ustavnog suda Bosne i Hercegovine i njen uticaj na BH. pravo i praksu
Suđenje u krivičnim predmetima: nova praksa ustavnog suda Bosne i Hercegovine i njen uticaj na BH. pravo i praksu
(Trial Proceedings in Criminal Cases: New Practice Constitutional Court of Bosnia and Herzegovina and Her Effect in BH. Law and Practice)
- Author(s):Miodrag N. Simović, Marina M. Simović-Nišević
- Language:Serbian
- Subject(s):Criminal Law
- Page Range:38-55
- No. of Pages:18
- Keywords:The European Convention for the Protection of Human Rights and Fundamental Freedoms; the European Court of Human Rights; Constitutional Court of Bosnia and Herzegovina; right to liberty and security;
- Summary/Abstract:By its personnel composition and extensively set jurisdictions Constitutional Court of Bosnia and Herzegovina constitutes a legal novum. The BiH Constitutional Court is a constitutional authority. The jursisdictions thereof are explicitly stipulated in the BiH Constitution. The BiH Constitutional Court, as a last instance in the interpretation of the BiH Constitution, shall have the final word in constitutional disputes arising between other constitutional authority. The mission of the BiH Constitutional Court to protect the BiH Constitution, forces it at the same time to selfrestriction. The BiH Constitutional Court carries a special burden of responsibility, notably that of deciding, in the last instance, the most important constitutional issues in BiH. Appellate jurisdiction the Constitutional Court is a novelty in the legal system of Bosnia and Herzegovina. Through an appeal filed with the Constitutional Court, the appellant is given an opportunity to have reviewed the legal acts of all three state powers, if they are in violation of the appellant‘s legal and constitutional position. The appeal has a subsidiary character, since it is admissible only if protection through effective regular legal remedies falls.
Alternativne krivične sankcije u državama balkanskog regiona
Alternativne krivične sankcije u državama balkanskog regiona
(Alternative Criminal Sanctions in Balkan Countries)
- Author(s):Nataša Mrvić-Petrović
- Language:Serbian
- Subject(s):Criminal Law
- Page Range:56-73
- No. of Pages:18
- Keywords:alternative criminal sanctions; judicial reform; Balkan countries; probation services; execution of sanctions
- Summary/Abstract:In all Balkan countres alternative criminal sanctions (community sanctions) have been introduced as those apllicable in the phase of the trial and execution, as well as measures to suspend the criminal procedings before the trial. Suspended sentence with supervision and parole, are sanctions that have a long tradition in Balkan countres. Sanction they are more sophistical are: the fragmentation of imprisonment (Turkey, Albania), community service as an independent sanction (Serbia, Montenegro) or substitute for imprisonment (Croatia, Bosnia and Hercegovina, Makedonia, Romania, Turkey, Albania, Greece), probation (Bulgaria), condition termination of criminal procedure (Makedonia). Actions are similar to juvenile justice reforms that allowed diversion measures and victim and offender mediation. The success of execution of alternatives sanctions depends on the organization of probation services. They are organized in the most countries of the centralized way (Croatia, Serbia, Romania, Bulgaria, Turkey), while in Makedonia using social welfare. Probation services in Balkan states are established only after 2000 year.
Committee and Commisions for Inter-Community Relations as Instruments for Inter-Ethnic Dialogue in the Republic of Macedonia
Committee and Commisions for Inter-Community Relations as Instruments for Inter-Ethnic Dialogue in the Republic of Macedonia
(Committee and Commisions for Inter-Community Relations as Instruments for Inter-Ethnic Dialogue in the Republic of Macedonia)
- Author(s):Renata Treneska-Deskoska
- Language:English
- Subject(s):Inter-Ethnic Relations
- Page Range:74-88
- No. of Pages:15
- Keywords:Ohrid Framework Agreement; inter-ethnic dialogue; committee; commission; local administration
- Summary/Abstract:Eight years after delivering Ohrid Framework Agreement, inter-ethnic dialogue is still high on the national agenda in our country because the process of its building and promotion was subject to difficulties, conflict and setbacks. One of the formal instruments for inter-ethnic dialogue on central level provided in the 2001 Constitutional amendments was the Committee for Inter-Community Relations. The Committee should be a place for discussion of policies and promotion of policy ideas for good inter-ethnic relations, but during the whole period of the functioning of the Committee for Inter-Community Relations the political tensions from the Parliament were reflected in this body. It functioned as “little Parliament” and did not have strength to open debate on important issues which could had disturbed the relations between partners in the governmental coalition. As instruments for inter-ethnic dialogue on local level this paper analyses the commissions for inter-community relations. The structures of these commissions have been created to accompany all municipal work in order to institutionalize inter-ethnic dialogue and to function in a preventive rather than reactive manner. But even when they have to act in reactive manner, the problems of inter-ethnic character are directed to the local political leaders than to the commission. Practically even the local administration bypasses the commissions.
Poresko savetovanje u Republici Srpskoj i drugim zemljama u regionu
Poresko savetovanje u Republici Srpskoj i drugim zemljama u regionu
(Tax Counselling in the Republic of Srska and Other Countries in the Region)
- Author(s):Ljubiša Dabić
- Language:Serbian
- Subject(s):Law on Economics
- Page Range:89-112
- No. of Pages:24
- Keywords:tax counselling; tax counsellors; professional responsibility; insurance against liability; professional associations of tax counsellors
- Summary/Abstract:In transition countries, including the Republic of Srpska and other countries in the region (Former Yugoslav Republici of Macedonia, Croatia, Montenegro, Serbia) the tax counselling and the legal status of tax counsellors became subject of legal regulation in the last ten years. In Serbia these issues have not been subject of statutory regulation except that the the Law on Tax Procedure and Tax Administration anticipates the passing of a special statute concerning tax counselling. In this paper the author analyses a substantial number of questions significant to tax counselling and tax counsellors: the sources of law relating to tax counselling; the conception of tax counselling; the notion and kinds of tax counsellors; the legal status of tax counsellors; liability of tax counsellors; contract on tax counselling; insurance against liability of tax counsellors; professional associations of tax counsellors, etc.
Pravni okviri privatne bezbednosti – rešenja Republike Crne Gore, Republike Hrvatske i Republike Makedonije
Pravni okviri privatne bezbednosti – rešenja Republike Crne Gore, Republike Hrvatske i Republike Makedonije
(Legal Framework of Private Security – Solution Applied in the Republic of Montenegro, Republic of Croatia and Republic of Macedonia)
- Author(s):Milan Milošević
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:113-125
- No. of Pages:13
- Keywords:Private Security; Legal Framework; Republic of Montenegro; Republic of Croatia; Republic of Macedonia
- Summary/Abstract:In the last couple of years almost all countries have passed legislation which regulates of the private security system. Namely, in the last two decades primarily due property transformation and considerable expansion of private ownership, the private sector developed from the secondary into one of the key factors of protection of persons and property. Such situation has imposed the need for professionalism and standardization, but first of all complete and efficient normative regulation of this area. That would be the way of creating basic prerequisites for a successful organization and functioning of entrepreneurs, internal security services and specialized companies (agencies) for providing the safety of persons, property and business, including also the overall protection of society against theft, damage and other detrimental events. Starting from that, there is a try to explain to modality of the private security in Republic of Montenegro, Republic of Croatia and Republic of Macedonia.
Pojam krivice u krivičnom zakonodavstvu Makedonije
Pojam krivice u krivičnom zakonodavstvu Makedonije
(Notion of Guilt in Criminal Code of Macedonia)
- Author(s):Nataša Delić
- Language:Serbian
- Subject(s):Criminal Law
- Page Range:126-144
- No. of Pages:19
- Keywords:Criminal Code of Republic of Macedonia; Guilt/culpability; Theories of guilt; A sense of prohibition of the act
- Summary/Abstract:In accordance to a modern inheritance of criminal legal theory the Criminal Code of Republic of Macedonia ascepts miscellaneous, psychological-normative theories of gilt. It is stipulated by the article 11. the Criminal Code of Republic of Macedonia the guiltiness is a complex category which consists of competence, intention and negligence and sense of prohibition of the act. In this piece of the work author firstly explains the way of sense of prohibition of the act become an element guiltiness by analyzing psuchological, normative and psychological-normative theories of guiltiness and subsequently analyzes particular matters relating to content and legal nature of sense of prohibition of the act. At the end of the work, the author briefly specifies the conclusions which the gained during the analysis of particular aspects of this extremly complex contention.
Razvoj sistema ocene rada državnih službenika u Bosni i Hercegovini – od tradicionalnog ka savremenom modelu ocenjivanja
Razvoj sistema ocene rada državnih službenika u Bosni i Hercegovini – od tradicionalnog ka savremenom modelu ocenjivanja
(Development of Performance Appraisal Systems in Bosnia and Herzegovina – from Traditional Towards Contemporary Model of Performance Appraisal)
- Author(s):Aleksandra Rabrenović, Damir Ahmetović
- Language:Serbian
- Subject(s):Public Administration
- Page Range:145-157
- No. of Pages:13
- Keywords:performance appraisal; traditional and contemporary systems of performance appraisal; civil service structures of BiH
- Summary/Abstract:Over the past decade all civil service structures of Bosnia and Herzegovina have made important strides in establishing civil service performance appraisal systems. First Rulebooks on performance appraisal which were adopted by the Civil Service Agencies in BiH were based on traditional European models of performance appraisal, with a number of general, standardized performance criteria. However, due to problems experienced with the implementation of the traditional model of performance appraisal in practice most civil service structures in BiH have started reforming their performance appraisal systems by introducing working objectives/target agreements as an important criterion for performance evaluation. However, in order for the performance appraisal system to be effective it is important not only to establish a sound legal ground and observe its implementation in practice, but also to make an in depth change in the management of public administration, which assumes existence of trust between managers and civil servants, dialogue, transparency of operation and mutual respect.
E - uprave u Evropskoj Uniji i zemljama u regionu Jugoistočne Evrope
E - uprave u Evropskoj Uniji i zemljama u regionu Jugoistočne Evrope
(E-Governments in European Union and Countries of the Southeastern Europe)
- Author(s):Dragan Prlja
- Language:Serbian
- Subject(s):Government/Political systems, Politics and communication
- Page Range:158-181
- No. of Pages:24
- Keywords:E-government; Southeastern Europe; Legal system; Harmonization
- Summary/Abstract:European Union gives extraordinary importance to developing preconditions for e-government, in its strategic documents. Great number of ongoing programmes, or ones planned in near future, encompass promotion of e-government. Reform of national legal systems and existence of clear national strategies and action plans of egovernment, as well as harmonization of legal acts in this area, are necessary prerequisites for achieving e-government at the EU level. SEE countries also give great attention to development of e-government and harmonization of their legal acts in this area with ones of European Union. Harmonization between regulation of SEE countries and EU has been achieved in great degree, but implementation of legal solutions is not being accomplished on same pace in all of SEE countries. It is necessary that those existing differences should be overcome. All strategic documents of SEE countries contain plans for harmonization of all aspects of legislation and implementation for the rules concerning electronic government, so it is expected that even better results will be accomplished in near future.
Sloboda veroispovesti i pravni subjektivitet crkava i verskih zajednica u zemljama bivše Jugoslavije
Sloboda veroispovesti i pravni subjektivitet crkava i verskih zajednica u zemljama bivše Jugoslavije
(Freedom of Religion and the Legal Personality of Churches and Religious Communities in the Former Yugoslav Countries)
- Author(s):Vladimir Đurić
- Language:Serbian
- Subject(s):Constitutional Law, Politics and religion
- Page Range:182-201
- No. of Pages:20
- Keywords:freedom of religion; Constitution; church; religious community; legal personality
- Summary/Abstract:Freedom of religion is not only individual right, but also freedom that is enjoyed in community with others. In this paper the author analyses the institutional or corporate dimension of freedom of religion, its constitutional and statutory regulation in the former Yugoslavia countries. In all constitutional systems, churches and religious communities are separate from the state. Legal regulation of the institutional dimension of freedom of religion is based on the notion that churches and religious communities are subjects of corporate religious freedom. Their legal identity is determined, inter alia, by their religious identity. The acquisition of legal personality of churches and religious communities is carried out through their registration in specific administrative procedure, but the continuity of action of some churches and religious communities and the special status of traditional churches and religious communities are recognized by the law in several countries. Legislations of the former Yugoslav republics recognize the special character of legal personality of churches and religious communities. That special character is in function of maintaining the cooperation between state and churches and religious communities which exists in the public domain and which is not excluded by the constitutional principle of separation of state from the churches and religious communities.
Расположливи начини на приближување на националното трговско право на Република Македонија со трговското право на Европската Унија
Расположливи начини на приближување на националното трговско право на Република Македонија со трговското право на Европската Унија
(Available Models for Harmonization of the Macedonian Business Law with the EU Business Law)
- Author(s):Goran Koevski
- Language:Macedonian
- Subject(s):Law on Economics, EU-Legislation
- Page Range:202-217
- No. of Pages:16
- Keywords:business law; models of convergence; harmonization; Macedonia; European Union
- Summary/Abstract:Traditionally, the Commercial (Business) law in Macedonia is comprised of three main parts: 1) company law (legal business forms); 2) commercial contracts; and 3) securities and payment instruments. All Commercial law constitutive parts, at the moment, are on different level of harmonization with the EU Law, although they cannot be analyzed independently from each other. Although the general perception might be that the Company law part should be the most harmonized due to the globalization and erasure of the world or European trade boundaries, the situation in practice is not as expected. Comparatively, the formal and the functional convergence of the national with the EU law are the two basic harmonization methods. The formal convergence means nothing else but harmonization of substantive and adjective legal rules by formal activity of the national legislator (the national parliament). Although the most certain, this approach seems to be the most difficult, mainly because of its openness to political lobbying and pressure from the opponents for such convergence. The formal convergence might be achieved by using several techniques: via (in)direct transplants of company and similar laws; through convergence motivated by political dictate, such as the ongoing formal convergence of the EU member states laws by implementing or enforcing different EU directives or regulations.
Стечајниот должник како учесник во платниот промет според законодавството на Република Македонија
Стечајниот должник како учесник во платниот промет според законодавството на Република Македонија
(Bankruptcy Debtor as a Participant of Payments in the Legislation of the Republic of Macedonia)
- Author(s):Dejan Kostovski
- Language:Macedonian
- Subject(s):Law on Economics
- Page Range:218-233
- No. of Pages:16
- Keywords:bank; debtor; legal entities; bankruptcy procedure; creditor
- Summary/Abstract:Legal consequences of the opening of the bankruptcy procedure are affecting a lot of segments of a new legal live of the debtor, over which the procedure has been under taken. The aim of the proceeding is a collective payment of the creditor’s requirements from the propriety of the debtor. During the court procedure, special procedural and material legal rules are in place as a part of the legal legislation which regulates bankruptcy procedure. Author of this text is making analyzes of the actual practice on implementation of the Law for domestic payment, acts of the banks and influences of this acts on bankruptcy procedure. Funnier more, author is putting more light on the disputable topics in the Law for domestic payment and how that could possibly affect implementation on the bankruptcy procedure.
Autonomija volje kao tačka vezivanja za ugovore sa stranim elementom u pravu Crne Gore
Autonomija volje kao tačka vezivanja za ugovore sa stranim elementom u pravu Crne Gore
(Party Autonomy as a Connecting Factor in the Field of Contracts With Foreign Element in the Law of Montenegro)
- Author(s):Maja Kostić-Mandić
- Language:Serbian
- Subject(s):Civil Law, International Law
- Page Range:234-241
- No. of Pages:8
- Keywords:Contracts; Connecting factor; Party autonomy; PIL Code; Rome I Regulation; Draft codification; Private International Law
- Summary/Abstract:This paper addresses the existing legal provisions on party autonomy as a connecting factor in the field of contracts with foreign element, as well as the latest developments in the course of the work on the new Private International Law codification of Montenegro. The most prominent legal sources in this field remain the Law on Resolution of Conflict of Laws with Regulations of Other Countries, the Law on Maritime and Inland Navigation and the Law on Obligations and Basic Ownership Relations in Aerial Navigation, while the newly adopted Law on Foreign Trade and the Law on Consumer Protection which contain provisions on conflictual party autonomy in the respective fields will have to be amended in the near future. The new 2010 Draft codification of Private International Law incorporates some of the basic provisions of the Rome I Regulation, contained in its Chapter II. Thus, the party autonomy remains the basic connecting factor in this field though now it is more elaborate following the Rome I Regulation provisions. However, party autonomy remains excluded in the field of contract relating to a right in rem in immovable property or to a tenancy of immovable property, except for tenancy of immovable property concluded for temporary private use for a period of no more than six consecutive months. The party autonomy is also the basic principle, but with some particular features in: contracts of carriage, consumer contracts, insurance contracts and individual employment contracts.
Tužilački koncept istrage kao jedno od obeležja savremenog krivičnog procesnog zakonodavstva u zemljama bivše SFRJ i u Srbiji
Tužilački koncept istrage kao jedno od obeležja savremenog krivičnog procesnog zakonodavstva u zemljama bivše SFRJ i u Srbiji
(Prosecutorial Concept of Investigation as one of the Symbols of Modern Criminal Process Legislation in the Former Yugoslavia and in Serbia)
- Author(s):Stanko Bejatović
- Language:Serbian
- Subject(s):Criminal Law
- Page Range:242-265
- No. of Pages:24
- Keywords:criminal proceeding; investigation; the concept of the investigation; the public prosecutor; the defendant; the police; the judge for an investigation; the damaged; the suspect
- Summary/Abstract:The author of the paper addressed the problems of the concept of prosecutorial investigation through four sets of issues and concluding remarks. The first group of issues is devoted to general remarks about the investigation, its systems and the importance of criminal procedure in general and in the same position was confirmed by the investigation as unavoidable stage of criminal proceedings in cases of possibly complex crimes. Bearing in mind the title the author has devoted the second part of his analysis of just cause for and against the concept of prosecutorial investigations in the same set of arguments to prove his own, and not just its paragraph on the benefits of the judicial concept of prosecutorial investigations, primarily in terms of efficiency and investigation and criminal proceeding understood as a whole in its qualitative and quantitative terms. In view of this it can be concluded that this part of his work is a central part. The third group of questions is dedicated to the professional and critical analysis of the concept of prosecutorial investigation to criminal process legislation that we belong at the time has come to court on the concept of prosecutorial investigation. Seen in this context are primarily the legislations of the states from the former Yugoslavia. Furthermore, starting from the goal of writing the author in his fourth part gives his views on a desirable way of working out the normative concept of prosecutorial investigation. At the end of the concluding remarks are given in which the author is a summarized way the results obtained by the analysis of quite a number of questions of the concept of the investigation and its and its significance for criminal proceedings in general.
Prava osobnosti (ličnosti) u hrvatskom pravu
Prava osobnosti (ličnosti) u hrvatskom pravu
(The Rights of Personalities in Croatian Law)
- Author(s):Berislav Matijević
- Language:Croatian
- Subject(s):Civil Law, Human Rights and Humanitarian Law
- Page Range:266-284
- No. of Pages:19
- Keywords:the right of personality; personality; subjective rights; the Law on obligatory relations; non property rights
- Summary/Abstract:The Law on obligatory relations of the Republic of Croatia from 2005 refines a Croatian legislation with a new (but not unknown to us) concept of protection of subjective rights. It is about the rights of personality, as a "legal part" that in the right place put the non property rights protection. As one of the characteristics of personality, in this place can be stated facts, that it is not so much the result of legislative (normative) activities, as are the part of development, ethical, moral, philosophical, legal practices and other activities dealing with man and law – human rights, as a highest values today. Just because the times of their development, it often was denied (not to say abused), but the persistence of those who saw in them the progress of mankind still taught.
Javni beležnik – zakonska rešenja Hrvatske, Crne Gore i Republike Srpske
Javni beležnik – zakonska rešenja Hrvatske, Crne Gore i Republike Srpske
(Notary – Legislations in Croatia, Montenegro and Republic of Srpska)
- Author(s):Monika Milošević
- Language:Serbian
- Subject(s):Public Law
- Page Range:285-300
- No. of Pages:16
- Keywords:Notary; Law on notaries of the Republic of Croatia; Law on notaries of the Republic of Montenegro; Law on notaries of the Serbian Republic
- Summary/Abstract:Notary is the institute that has a long legal tradition. The first Law on notaries in the Kingdom of Yugoslavia, was enacted in 1930., and abolished in 1944. At the end of 20th, and beginning of the 21st century all former Yugoslav republics and Serbian Republic, have introduced the institute of notary in their legal system. Bearing in mind that the Law on notaries should be enacted in the Republic of Serbia by June 2010., the author of this article has presented legal solutions of some former Yugoslav republics (Croatia and Montenegro), as well as Serbian Republic, considering the fact that they have the same legal tradition and legal heritage.
Strategija regulatorne reforme: Hrvatska, Federacija BiH i Crna Gora
Strategija regulatorne reforme: Hrvatska, Federacija BiH i Crna Gora
(Regulatory Reform Strategy: Croatia, Federation BiH and Montenegro)
- Author(s):Jelena Ćeranić Perišić
- Language:Serbian
- Subject(s):EU-Legislation
- Page Range:301-315
- No. of Pages:15
- Keywords:regulatory reform; European Union; regulatory environment; better regulation
- Summary/Abstract:The paper deals with the concept of improving regulatory environment and the implementation of the regulatory reform strategies. The EU has set itself the strategic goal of becoming the most competitive and dynamic knowledge-based economy in the world. Achievement of this goal depend in part on improving Europe’s regulatory environment to avoid unnecessary burdens on businesses, citizens and public administrations. Therefore, high quality regulation must be seen as a public good and action must be taken at both EU and national levels within a comprehensive strategic approach to realize it. After introductory notes with regard to the importance of the regulatory reform, the author analyses the Mandelkern report. The high-level Advisory Group was formed in December 2000 when 16 experts were appointed to it, representing each of 15 countries of the Union and the Commission. From the time it was formed, it was known by the name of its Chairman, M. Mandelkern. Better regulation is a drive to improve the policymaking process through the integrated use of effective tools, not an attempt to impose further bureaucratic burdens on it. Many Member States have elaborated ambitious regulatory reform and/or simplification programs and have developed a wide range of tools, based on EU and OECD guidelines or on successful experiences from other countries. It recommends practices in topics applicable to both national governments and the European Commission. The second part of the article is dedicated to the presentation of implementation of the regulatory reform strategies in the following countries: Croatia, Bosnia and Herzegovina and Montenegro. Within the concluding observations, the author sums up presented observations and especially emphasizes the importance of improving regulatory environment.
Sportsko pravo u Republici Hrvatskoj
Sportsko pravo u Republici Hrvatskoj
(Sports Law in the Republic of Croatia)
- Author(s):Dejan Šuput
- Language:Serbian
- Subject(s):Civil Law
- Page Range:316-333
- No. of Pages:18
- Keywords:sport; sports law; state; regulatory reform; sports organizations
- Summary/Abstract:National sports legislation in South East Europe countries is complex and differs from country to country. During the years, it became almost a rule that most south and the east European countries have adopted an interventionist sports legislation model. That model is also applied in the Republic of Croatia. Within this artice laws regulating sport and sport related activities in Croatia were analysed and presented. Croatia applied interventionist sports legislation model that makes their legal framework regulatin sports comparable with Serbian legal framework reulilating sports. Serbian Law on Sports is very obsolete and the legislative practice of countries like Croatia could be a good example of how the reform of legal framework regulating sport should be performed. Although performed analysis and presentation of Croatian laws regulating sports contribute to the process of proper evaluation of the quality of current Serbian Draft Law on Sports and even though Croatian Law on Sports represents a good practice in conducting regulatory reform that could be followed by Serbian legislator, it is necessary to stress that automatical takeover of any foreign model and simple copying of foreign laws, without taking into account about specific needs of the Republic of Serbia and conditions in which is its sports system, can lead only to creation of ideal theoretical model that would not have a big chance to be efficiently applied in practice.
Zabrana diskriminacije u Bosni i Hercegovini - pravni okvir i praksa
Zabrana diskriminacije u Bosni i Hercegovini - pravni okvir i praksa
(Antidiscrimination in Bosnia and Herzegovina Legal Framework and Practice)
- Author(s):Mario Reljanović
- Language:Serbian
- Subject(s):Human Rights and Humanitarian Law
- Page Range:334-348
- No. of Pages:15
- Keywords:discrimination; antidiscirimination legislation; human rights; Bosnia and Herzegovina
- Summary/Abstract:Discriminatory practice is negation of achieved standards of human rights. Therefore, an efficient antidiscriminatory system is prerequisite of enjoying many guaranteed citizens’ rights on basis of equality. Discrimination is also specific for not being only legal, but also sociological, culturological, even economic problem. Suppression of discrimination hence consists of several equally important aspects. This paper is about analysis of conditions in this area in Bosnia and Herzegovina – focus is on the legal framework as well as on its (non)implementation in practice, and other activities of the state and civil society significant for prevention and sanction of discrimination. Comparison with antidiscirimination legislation of relevant neighbor countries – Croatia and Serbia – is one of the significant parts of research, presented in order to point out weak spots and omissions and possible solution for improvement, but also to explore position of Bosnia and Herzegovina comparing to other states in region, in the field of human rights protection.
Presek stanja trgovine ljudima u državama na području bivše SFRJ
Presek stanja trgovine ljudima u državama na području bivše SFRJ
(Problem of the Human Trafficking in the Countries of the Former Yugoslavia)
- Author(s):Vladimir Urošević, Sergej Uljanov, Zvonimir Ivanović
- Language:Serbian
- Subject(s):Criminal Law
- Page Range:349-367
- No. of Pages:19
- Keywords:trafficking in human beings; trafficking in children; sexual exploitation; ex-Yugoslavia; INTERPOL
- Summary/Abstract:The problem of trafficking in human beings in the 21st century is just a reflection of slavery phenomenon evoluted in its own various modern ways. As a specific come-back of the ancient plunder institute, trafficking of human beings, especially through sexual and forced labour exploitation, is endangering the realization of basic scale of human rights and freedoms and disrupting progressive evolution flow of human civilization. The worst mode of this occurrence is shown by trafficking of children and minors and is self-explanatory regarding its dangerous for nowadays society. Intensified by warfares in the areas of multiethnic ex-Yugoslavia, this kind of organized criminal activity additionally has been menacing fundamental values of social life and humiliated position of an individual in postmodern social surroundings of Western Balkans countries. In this article authors were trying to present efforts of above-mentioned states and their solutions in the combat against trafficking in human beings, being just a little step forward in making out an imagined ideal of the safe way of living and moving of people in the areas of exYugoslavia everlasting related to the opposites attraction of European democratic pragmatics and Asiatic totalitarian thinking over.
Pregled zakonskih procedura u postupku utvrđivanja potraživanja stečajnih zakona u regionu
Pregled zakonskih procedura u postupku utvrđivanja potraživanja stečajnih zakona u regionu
(Overview of Legal Procedures in the Process of Determining the Claims of Bankruptcy Laws in the Region)
- Author(s):Marijana Dukić Mijatović
- Language:Serbian
- Subject(s):Law on Economics
- Page Range:368-390
- No. of Pages:23
- Keywords:bankruptcy proceedings; bankruptcy debtor; bankruptcy creditors; bankruptcy reason
- Summary/Abstract:Overview of legal procedures in the process of determining the claims of bankruptcy laws in the region, imposed as a necessary and essential legal issues in economic reality, a very topical for legal theorists and practitioners of the Roman law up to date, from the personal to the execution of real satisfaction. Economic entities in the legal trade alone the rights and obligations and is therefore the protection of creditors' issues of great importance, given the large number of debt creditors relations, that business entity based in their operations. If we take into account the relevant data on the number of current bankruptcy in Serbia in the immediate environment and the region, and the fact that liquidity has reduced the economic difficulties of the subject indicates to creditors that will be in charge of his claim and of course the impossibility of complete satisfaction, the aim of this paper is indication of any legal problems related to the treatment of creditors in the bankruptcy proceedings and analysis of positive legislation, in light of modalities of protection that provides our current bankruptcy law, whose adoption and entry into legal force was abolished by the Law on Bankruptcy Procedure that was the first law in this area to us and so are all the former Yugoslav republic passed its bankruptcy laws, the Law on Compulsory Settlement, Bankruptcy and Liquidation bankruptcy has become a part of legal history.
Specijalni istražni metodi u krivičnim postupcima zemalja „druge Jugoslavije“ – komparativna analiza
Specijalni istražni metodi u krivičnim postupcima zemalja „druge Jugoslavije“ – komparativna analiza
(Special Investigation Methods Within Criminal Procedures of the Countries of Former Yugoslavia – Comparative Analysis)
- Author(s):Darko Marinković, Saša Mijalković
- Language:Serbian
- Subject(s):Criminal Law, Security and defense
- Page Range:391-411
- No. of Pages:21
- Keywords:special investigation methods; law on criminal proceedings; legislations of former SFRY countries; principles of special investigation methods application; organized crime; evidence procedures
- Summary/Abstract:Special investigation methods nowadays represent evidence procedures that are most suitable to cope with contemporary crimes, their characteristics, perfidy and sophistication. The experiences of many countries have constituted the rule that in cases of particularly serious crimes it is necessary to use the data provided using various forms of electronic surveillance, secret agents, controlled deliveries, testimonies of cooperating witnesses and other methods in order to increase the efficiency of investigating bodies and to reduce the time required to provide evidence. All countries that used to constitute the Socialist Federative Republic of Yugoslavia two decades ago prescribe special investigation methods and the procedures of their application in their national legislations today. In these countries they are considered important as evidence procedures which are used both to detect and prove the crimes that have been committed as well as to prevent the planned serious crimes, in cases when other measures and activities fail to yield success. It is the impression that the satisfactory legal regulations in this field have not yet been found, which is suggested by frequent amendments to laws on criminal proceedings in all countries mentioned in the paper within the context of regulations related to special investigation methods. This is not particularly surprising if we bear in mind that these investigation activities invade deeply into the sphere of guaranteed freedoms and rights of citizens.
Organizacija državne uprave u Republici Srbiji i Crnoj Gori
Organizacija državne uprave u Republici Srbiji i Crnoj Gori
(Organization of the State Administration in the Repuplic of Serbia and Montenegro)
- Author(s):Anđelka Plavšić-Nešić
- Language:Serbian
- Subject(s):Public Administration, Public Law
- Page Range:412-435
- No. of Pages:24
- Keywords:State administration; Administration reform; Organization of the state administration; Low basis; State administration organs; Internal organization; Republic of Serbia; Montenegro
- Summary/Abstract:Following the principles of the States of low and the reign of low, as well, a modern and efficient state should especially be based on the strategy of the reform, depolitreization, rationalization, professionalization, the new public menagment, eadministration and on the standards and low of the Euroean Community. Therefore, in the scope of the changes of governing, the reform and the modernization of the State administration, the process of the system streghtening and the capacities of the State administration organs, the special importance and actuality are given to the states of the West Balkans. Because of the special importance of the organizational aspect for the functioning of the administrative system, the basic elements of the State administration (law basis , types and numbers of the State administration organs and their internal organization) have been taken into consideration in the Republic of Serbia and Montenegro, as the former republics, i.e. the state members of the Federal Republic of Yugoslavia and in the state community Serbia and Montenegro.
Arbitražno pravo država u regionu zapadnog Balkana
Arbitražno pravo država u regionu zapadnog Balkana
(Arbitration Law of the States in the Western Balkan Region)
- Author(s):Katarina Jovičić
- Language:Serbian
- Subject(s):Civil Law
- Page Range:436-455
- No. of Pages:20
- Keywords:arbitration; source of law; arbitration tribunal; arbitrators; arbitral proceeding; arbitral award; judicial review of arbitral awards
- Summary/Abstract:In this paper laws regulating arbitration in Serbia, Croatia, Macedonia, Montenegro and Federation of Bosnia and Herzegovina and Republika Srpska were analyzed and presented. Above listed countries were member states of the former Federal Republic of Yugoslavia and their arbitration rules and procedures were regulated by Civil Procedure Law which has been applied as a federal regulation. Nowadays, those countries have their own national laws regulating arbitration and arbitration proceeding. Within the first part of this article national sources of arbitration law were presented and in relation to them two different legislative techniques were recognized. Those two legislative techniques are the following: the first is applied both in Serbian and in Croatian legal system where all the relevant rules were comprehensively prescribed within a specific law regulating arbitration; the second is applied in other legal systems where rules on arbitration are prescribed by general law regulating civil procedure. The central part of this article is dedicated to comparative analysis and evaluation of quality of the particular legal norms which are dealing with the following issues related to arbitration procedure: arbitrability; when the arbitration is international; arbitral agreement; arbitrators and arbitration tribunal; arbitral jurisdiction; rules of arbitral proceeding; arbitral award and judicial review of arbitral awards. The review of relevant regulations of Western Balkan Region showed that previously listed issues are regulated in two different ways within national legislation. Within the first group of countries are the ones whose national legislation is based on the principles promoted by UNCITRAL Model Law on Arbitration. The second group comprises states and their national legislation which kept, with minimal amendments and novelties, rules previously prescribed by Civil Procedure Law of the former Federal Republic of Yugoslavia. The states representing the first group are Serbia, Croatia and Montenegro, as well as Macedonia regarding legal norms regulating international trade arbitration. Within second group of states are Federation of Bosnia and Herzegovina and Republika Srpska and partly Macedonia, taking into consideration Macedonian rules on national arbitration. The conclusion of this article presented opinion that the states from the first group established good legal and institutional conditions for development and promotion of arbitration, while the states form the second group haven’t recognized a need for changes in that field, despite doubtless international success of arbitration as a legal institution.
Usklađenost pravnog sistema Bosne i Hercegovine sa standardima Evropske Unije u domenu zaštite od protivpravnog prometa kulturnim dobrima
Usklađenost pravnog sistema Bosne i Hercegovine sa standardima Evropske Unije u domenu zaštite od protivpravnog prometa kulturnim dobrima
(Compatibility of the Legal Framework of Bosnia and Herzegovina With the European Union Standards for the Prohibition of the Illicit Traffic in Cultural Goods)
- Author(s):Vesna Ćorić, Jelena Ćeranić Perišić
- Language:Serbian
- Subject(s):Law on Economics
- Page Range:456-473
- No. of Pages:18
- Keywords:export of cultural goods; illicit traffic in cultural goods; draft Law on Cultural Goods of BiH; EU standards; Stablization and Association Agreement
- Summary/Abstract:Paper examines the level of compliance of the legal framework of Bosnia and Herzegovina with the relevant international and especially European standards on the prohibition and prevention of illicit trade in cultural goods. Given the ongoing stabilization and accession process, a special emphasis will be placed on the compatibility of the legal system of BiH with the Council Regulation (EC) No 116/2009 on the export of cultural goods, Commission Regulation (EEC) No 752/93 laying down provisions for the implementation of Council Regulation (EEC) No 3911/92 and Council Directive 93/7/EEC, on the return of cultural objects unlawfully removed from the territory of a Member State. Authors further identify legal gaps and internal inconsistencies within the domestic legal framework that give rise to legal uncertainty having detrimental effects on the coherence of BiH legal system. Authors conclude that certain aspects of the BiH legal framework in the area of fighting against illicit trade in cultural goods should be significantly amended as to meet the given EU standards, as well as to comply with the ratified international and regional conventions in the given field. Finally, the need to join the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects is identified as to improve the BiH legal framework for preventing and fighting illicit traffic in cultural property.
Nekoliko beleški uz nacrt opšteg dela novog hrvatskog kaznenog zakona
Nekoliko beleški uz nacrt opšteg dela novog hrvatskog kaznenog zakona
(A Few Notes to the Draft of General Part of the New Croatian Criminal Code)
- Author(s):Luka Breneselović
- Language:Serbian
- Subject(s):Criminal Law
- Page Range:474-484
- No. of Pages:11
- Keywords:Criminal law (reform); Criminal Code; Croatia
- Summary/Abstract:In Croatia will soon pass a new Criminal Code. In the seven selected notes author Luka Breneselović referred to the stylization of the culpability and negligence guiltiness, the changes related to exceeding the limit regime of self-defense, the regulation of the putative emergency, the effort for the minimize of the institute of insignificant act, the problem of execution, incitement and helping, and conviction that there are mentally competent and mentally incompetent people.
O izmeni makedonskog ustava od 7. decembra 2005.
O izmeni makedonskog ustava od 7. decembra 2005.
(On the Changes to the Macedonian Constitution of 7 December 2005)
- Author(s):Branko Pavlica
- Language:Serbian
- Subject(s):Constitutional Law, EU-Legislation
- Page Range:485-499
- No. of Pages:15
- Keywords:Republic of Macedonia; Constitution; constitutional changes; depoliticisation of judiciary; fight against corruption
- Summary/Abstract:On 7 December 2005, the Assembly of the Republic of Macedonia adopted the fifth amendment to the Constitution since it had been passed on 17 November 1991. The amendments XX-XXX (eleven amendments) primarily refer to judiciary. Actually, as requested by Brussels the objective of the adopted amendments was to achieve depoliticisation of judiciary, what was a prerequisite for the future accession of the Republic of Macedonia to the European Union. As early as on 16 December 2005 Macedonia gained the status of EU candidate country although the date when the negotiations would commence “remained open”. In essence, the important new items that are aimed at depoliticising judiciary and facilitating fight against corruption imply the abolishment of immunity to numerous officials. Therefore, unlimited immunity in Macedonia is enjoyed only by the President of the State (in accordance with the Article 83), Prime Minister (Article 89, paragraph 3), members of the parliament (Article 64), judges (Article 100, paragraph 1) and judges of the Constitutional Court (Article 111, paragraph 2). By all this, it should be pointed out that the activities of the Constitutional Court are regulated by the special chapter IV of the Constitution (Articles 108-114), which are not included in the regulations on courts. Therefore, it enjoys a special status. All others that have been privileged so far – ministers, members of the Judicial Council and state prosecutors – do not enjoy immunity any longer. What is essentially new is that judicial immunity has not only been maintained but has even been strengthened by the introduction of indemnity – which is not time limited for their statements in theprocedure. Also, there are new things that concern the Judicial Council of the Republic of Macedonia, being “the personal management judicial body”. In the same way, “the Council of State prosecutors” has been established, and it is the personal management body for state prosecutors that is responsible to the Judicial Council. Therefore, the last constitutional amendments (XX-XXX) adopted on 7 December 2005 (Služben Vesnik 107/2005 – Official Gazette 107/2005) treat judiciary amending the Articles No. 13, 15, 84, 89, 91, 100, 104, 105, 106 and 108 of the Constitution of the Republic of Macedonia.
Neka pitanja nematerijalne štete u zakonodavstvima pojedinih zemalja bivše jugoslavije
Neka pitanja nematerijalne štete u zakonodavstvima pojedinih zemalja bivše jugoslavije
(Non-Material Damages in Legislation of Some Former Yugoslavia Countries)
- Author(s):Tamara Đurđić
- Language:Serbian
- Subject(s):Civil Law
- Page Range:500-511
- No. of Pages:12
- Keywords:non-material damages; compensation of non-material damages; contractul responsibility; personal rights of legal entities
- Summary/Abstract:The question of non-material damages has always been the main issue in legal theory and still is the subject of interest in legal doctrine, nowadays. We can come across with different concepts about non-material damages in European countries legislation, which lead to various solutions of some relating legal problems, such as compensation right of legal entities. Compensation right is usually recognized in the field of non-contractual responsibility in most legal systems, but the question whether or not this right is recognized in the field of contractual responsibility still arises. The reason why this question is of great importance in our legislation is that it is very hard to say without any doubt whether or not our legislator recognizes compensation right in the field of contractual responsibility. In that sense, there is a big gap between our theory and judicial practice. Besides, comparative overview of legislation in former Yugoslavia countries about non- material damages is of great importance for upcoming changes in our legislation in the process of harmonization with European Union law. For comparative analyze of regulation of non-material damages, some legal solutions of Montenegro, Slovenia and Croatia are taken into consideration.
Zabluda i njen odnos sa kauzom ugovora
Zabluda i njen odnos sa kauzom ugovora
(Mistake and its Relation to the Contract Cause)
- Author(s):Katarina Tasić
- Language:Serbian
- Subject(s):Civil Law
- Page Range:512-527
- No. of Pages:16
- Keywords:essential mistake; misunderstanding; cause; voidable contract; void contract
- Summary/Abstract:The Legal systems we dealt with within this work in, practically, identical way, regulate the institution of mistake, with small aberrations that are more of formal than of fundamental nature. Stating the cases in which mistake would be of a vital importance, it is firstly stated that mistake would be definitely essential, and then, by stating one basic rule, it is predicted in which cases, beside those that are clearly stated, mistake would be essential. If there is an essential mistake on the occasion of signing the contract, it will lead to the disturbance of contract cause, hence the contract would be voidable. It is as well anticipated by all the laws we dealt with within this work, that the contract will not be signed unless contractual parties believe that they are concurrent, but, in fact, there is a misunderstanding about the nature of agreemen (contract) or about the cause or the grounds of the contract ( i.e. about the nature of the law or any other important part of the contract), in which case the cause will be omissioned and, for that reason, contract will be void.
Osamnaest godina ustava Republike Srpske
Osamnaest godina ustava Republike Srpske
(Eighteen Years of the Constitution of the Republic of Srpska)
- Author(s):Mladen Tišma
- Language:Serbian
- Subject(s):Constitutional Law
- Page Range:528-548
- No. of Pages:21
- Keywords:Constitution; amendment; political institutions; entity; complex state
- Summary/Abstract:The Constitution of the Republic of Srpska has been passed in specific historical circumstances. Its major intention had been establishment of legal ground for than newly established Republic of Srpska. That goal has achieved recognition in the General Framework Agreement for Peace and Constitution of BosniaHerzegovina as its annex. Short period for drafting the Constitution as well as political and international situation meant that constitution-makers needed to rely on some foreign modern constitutional documents, including some of other Yugoslav republics in order to break with communist constitutionality. That approach speeded adoption of the Constitution but in the same time did not take into account constant changes of position of the Republic of Srpska, involved into bloody civil war in former B-H as well as domestic problems in construction of its own legal system. These factors led to deviations from the original constitutional concept and many alternations and supplements. After the war High Representative and status of the Republic of Srpska as an entity of Bosnia-Herzegovina have become new in constitutional development. Special attention in this paper is on numerous constitutional revisions and US-styled amendment technique as chosen way for them. This paper opens old question whether Republic of Srpska needs a new constitution to complete 18-year long constitutional development of Srpska.
Osnovne karakteristike regulisanja stečaja osiguravajućih društava u Hrvatskoj, Crnoj Gori i Republici Srpskoj
Osnovne karakteristike regulisanja stečaja osiguravajućih društava u Hrvatskoj, Crnoj Gori i Republici Srpskoj
(General Characteristics of Regulation of the Bankruptcy of Insurance Companies in Croatia, Montenegro and Republic of Srpska)
- Author(s):Vladimir Čolović
- Language:Serbian
- Subject(s):Law on Economics
- Page Range:549-566
- No. of Pages:18
- Keywords:bankruptcy; insurance company; insurance; bankruptcy liquidator; creditors; paying row
- Summary/Abstract:In this paper author analyzes the legislations of the Republic of Croatia, the Republic of Montenegro and the Republic of Srpska in the topic of the bankruptcy of the insurance companies. In the Republic of Croatia, this topic is regulated by the Act of insurance. But, the Bankruptcy Act of Croatia regulates basic rules in this proceeding. In the Montenegro exists, also, separate Act in this topic. But, that Act regulates, only, the bankruptcy and liquidation of the insurance companies. And, in the Republic of Srpska some elements of this topic, we can find in the Act of the companies of the insurance. Also, like in Croatia, the Act of the bankruptcy proceeding of the Republic of Srpska regulates other, basic, rules in this proceeding. In the Republic of Serbia, this topic is regulated by the separate Act. This Act is the Act of the bankruptcy and the liquidation of banks and insurance companies. The bankruptcy proceeding of the insurance companies is very complex and this topic must be regulated by separately Act. Also, the legislator must take into a consideration about the specifics of the activity of the insurance, the status of the insurance companies and the different types of the insurance. Besides that, very important is the making difference of the subjects who doing the activities of the insurance from the subjects who doing some activities which are connecting with the insurance. These activities are the representation, the agency, the services in the insurance, etc.
