Зборник радова &quot;Владавина права и правна држава у региону&quot; (Међународни научни скуп, одржан 26. октобра 2013 . год. на Палама)

Преображаји правне државе и владавине права

Преображаји правне државе и владавине права
(Transformations of the Rule of Law)

Author(s):Dragan M. Mitrović, Kosta D. Mitrović
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Governance, Politics and law, Politics and society, Welfare services
Page Range:1-19
No. of Pages:19
Keywords:Rechtsstaat;Rule of Law;Kulturstaat;Welfare State-National Security State;Transhuman Rule of Law;
Summary/Abstract:The static picture of the rule of law, which almost always imposes itself as the main one, we shall try to depict in its live flow, which is some-how or other put aside. And that flow is of such kind that it shows continual conceptual and practical transformation of the rule of law. Let us mention but a few examples of that transformation over the past two centuries: liberal rule of law, socialist rule of law, cultural rule of law, welfare state, neo-liberal rule of law, supranational rule of law, international rule of law, all the way up to a possible world rule of law, which are announced together with the establishment of the transhuman society with one and the same rule of law. It may look like the circle is closing. And it took only a little over two centuries of practicing those ideas in the most developed countries around the world.It is obvious that the rule of law is a fragile creation. It is exactly byway of that fact that it is rendered possible to explain its accelerated two-century long transformation which can result in its likewise accelerated disruption and revoke. Today, the rule of law is increasingly more distant from the values and needs of daily human life, despite the privileged nominal and normative treatment. This is done with the intention of creating a transhuman, i.e. a dehumanised society and the law. In such society people exist for the purpose of technocratically built law, and not the law for the people.

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Antidiskriminaciono zakonodavstvo kao novum u pravnom sistemu u kontekstu pravne države i vladavine prava. Uloga poslanika u reiranju sadržaja zakona

Antidiskriminaciono zakonodavstvo kao novum u pravnom sistemu u kontekstu pravne države i vladavine prava. Uloga poslanika u reiranju sadržaja zakona
(The Anti-discrimination Legislation as a Novelty in the Legal Order in the Context of Rechsstaat and the Rule of Law. The Role of the MPs in Creating the Law)

Author(s):Marijana Pajvančić
Language:Serbian
Subject(s):Gender Studies, Human Rights and Humanitarian Law, Social differentiation
Page Range:20-32
No. of Pages:13
Keywords:Rule of law;Equality;Legislative procedure;Gender equality Act;Member of Parliament;
Summary/Abstract:This article deals with the procedure of adopting the Gender Equality Law that forms a part of the equality legislation, and that is a novelty in the Serbian legal order. Although even before this Law was adopted, there were laws that regulated prohibition of discrimination (such as the Law on Prohibition of Discrimination against Persons with Disabilities) or laws that regulated special rights and special measures with the aim to achieve equal opportunities in human rights (such as the Law on the Protection of Rights and Freedoms of National Minorities), until the Gender Equality Law was adopted, the right on the gender equality and the prohibition of discrimination on grounds of sex were not fully and comprehensively regu-lated in one legal act.This article focuses on the procedure of adopting the Gender Equality Law and the impact the members of the Serbian Parliament had on the content of its legal norms. The reasons for such an analysis are threefold. The Gender Equality Law is a new piece of legislation, not only in Serbia but also in the whole region. It prescribes the human rights standards, and concretizes general constitutional guarantees on equality and as such it is a significant step in establishing democracy and the rule of law. Further-more, the preparation of this law has caused wide public debate, and in the adoption procedure numerous modifications were proposed.

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Владавина права и пракса Уставног суда Босне и Херцеговине

Владавина права и пракса Уставног суда Босне и Херцеговине
(The Rule of Law and the Case Law of the Constitutional Court of Bosnia and Herzegovina)

Author(s):Miodrag N. Simović, Milena Simović
Language:Serbian
Subject(s):Constitutional Law
Page Range:33-62
No. of Pages:30
Keywords:Constitution of Bosnia and Herzegovina;Constitutional Court of Bosnia and Herzegovina;European Court of Human Rights;European Convention for the Protection of Human Rights and Fundamental Freedoms;
Summary/Abstract:Bosnia and Herzegovina is a state with a complex polity. The result of such a complex polity are various legal solutions, both at the same and at different levels of government, which are possible and in compliance with the constitutional organization of Bosnia and Herzegovina. Thus, in accordance with its competencies, the legislator enacts regulations for the same or different levels of power, which do not necessarily have to be identical. In its case law the Constitutional court of BiH often pointed out that the rule of law rests on two essential features, namely the equality of all before the law and the three branches of government. With regard to this, the Constitutional court highlights that legal certainty, inter alia, implies that the established mechanisms and institutions act in accordance with laws which are general, specific, unambiguous, constant and applied equally to everyone. This principle also implies the prohibition of arbitrariness in decision-making and conduct by all authorities which have to act exclusively in accordance with law and within the powers that are granted to them by law as well as the existence of institutional guarantees in that respect.The principle of independence of the judiciary, although not explicitly mentioned in the Constitution of Bosnia and Herzegovina, represents the general principle which must be complied with because it is inseparable from the principle of the rule of law expressed in Article I (2) of the Constitution of Bosnia and Herzegovina. The independence of the judiciary is the basis for division of power, while the judiciary is one of the three branches of power in every democratic state. It plays an important role in every democratic society. The judiciary is not only in the same position as the two other branches of power (executive and legislative), but it is also a special branch because it controls the other two branches of government. Moreover, the independence of judiciary is the foundation of the rule of law, democracy and respect for human rights. The achieved degree of independence of the judicial system is the key indicator of the achieved level of the rule of law in a democratic society. However, the principle of the rule of law and the independence of the judiciary as its inseparable part, particularly the principle of division of power, does not mean that the legislator cannot regulate by way of laws and regulations the issues important for the functioning of state institutions, even if this involves courts, but only as provided for and in accordance with the Constitution of Bosnia and Herzegovina.

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Моћ органа извршне власти и остварење правне државе - нормативно и стварно

Моћ органа извршне власти и остварење правне државе - нормативно и стварно
(The Power of the Executive and Realization of the Rule of Law - de iure and de facto)

Author(s):Mile Dmičić, Milan Pilipović
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Governance, Politics and law
Page Range:63-87
No. of Pages:25
Keywords:Rule of law;Legal state;Executive power;President;Government;Power;
Summary/Abstract:Legally speaking, Rechtstaat and the rule of law require that all state entities and citizens must abide by the Constitution and corresponding laws. This means realizing several norms and principles, separation of powers being one of them. Separation of powers is the basis for constituting the rule of law. Separation of powers, as a factor of constituting and functioning of the rule of law, is accepted by constitutions of all states in the region, including Serbia. However, constitutionally projected power systems, based on the separation of powers principle, differ from those in practice, foremost in terms of organization, structure and functioning of executive power and in its relation to constitutional and legislative power. Executive power has star-ted to play a more dominant and active role in modern states, staying, how-ever, within the boundaries of law and corresponding legal norms. Responsible executive power must preserve its powers and modes of acting within legal frames, without exceeding dimensions of normative jurisdiction in practice. Thus, through the magnitude of its political power, executive power exceeds its constitutional and legal jurisdictions, directly influencing the organization of a state based on the rule of law. The increase of political powers of the executive power in modern states has become a reality and necessity, but its real power must be approximate to normative requirements, if a legal state and the rule of law are to be established. To realize such an objective, partocracy, lately in expansion, must be weakened.

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Мандат судија Уставног суда Републике Српске

Мандат судија Уставног суда Републике Српске
(Mandate of the Judges of the Constitutional Court of Republic of Srpska)

Author(s):Radomir V. Lukić
Language:Serbian
Subject(s):Constitutional Law
Page Range:88-103
No. of Pages:16
Keywords:Constitutional Court function;Constitutional function;Legislative function;Judical function;Negative legislator;Limited,permanent mandate and the absolute prohibition of reelection of judges of;
Summary/Abstract:Provisions of the Constitution of Republic of Srpska on limited mandate and absolute proscription of the reelection of the judges of the Constitutional Court of Republic of Srpska from the Article 116 (2) and (3) were erased and not changed on 28 December 2005 with the Amendment CXX to the Constitution of Republic of Srpska. It raised the question of the length of mandate of the judges of the Constitutional Court of Republic of Srpska. The author thinks that the provision of the „Amendment CXVI on the Constitution of Republic of Srpska“ („enacted“ by the High Representative for Bosnia and Herzegovina), which changed the original pro-vision from the Article 127 of the Constitution of Republic of Srpska, cannot be applied to the mandate of the judges of the Constitutional Court of Republic of Srpska. The author concludes that the provision 15 (3) of the Law on the Constitutional Court of Republic of Srpska, which stipulates that the mandate of the judges of this court lasts until they reach 70 years of age, is unconstitutional. In the article, the author argues in favor of such an attitude, which is strengthened by the results of the comparative analysis, for in the comparative law limited mandate of the judges prevails, with usual absolute proscription of the reelection or permission of only one reelection. The author formed his opinion upon understanding that the nature of the function of constitutional court is closer to the constitutional and legislative functions than to the classical judicial function. Other functions of constitutional courts are, according to the author, less important than the function of solving so-called normative disputes.

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Pravna država i vladavina prava u kontekstu tranzicije pravne vrijednosti u tranzicijskoj stvarnosti

Pravna država i vladavina prava u kontekstu tranzicije pravne vrijednosti u tranzicijskoj stvarnosti
(Legal State and the Rule of Law in the Context of Transition -Legal Values in the Reality of Transition)

Author(s):Mirjana Nadaždin-Defterdarević
Language:Serbian
Subject(s):Law and Transitional Justice, Civil Society
Page Range:104-117
No. of Pages:14
Keywords:Legal state; Rule of law; Transition; Legal values; Justice; Fairness; Legal security;
Summary/Abstract:The transition is most often perceived as a prerequisite for democracy, as an undemocratic transformation into a democratic system that is consolidated when the government acquires a habit to operate within the established legal framework. The legal state is thus defined by its law, which in turn is defined by its clearly established values. The law of the states of this region turned the transition into an excuse for a slow transformation with unclear values which, instead of supporting the establishment of the legal state and the rule of law, are minimizing the importance of these two concepts. Elaborating on the phenomenon of the rule of law and the rule of law in the context of transition, by applying comparative law method, teleological and axiological methods and content analysis, the paper confirms the starting hypothesis that the social forces and political entities who were given a decisive political role during the transition, and were thus granted the state power, proved unprepared for efficient transformation of the former society and the state into a modern democratic society, which is the condition for, but also the consequence of the legal state and the rule of law.All the states of the region introduced the value of the legal state and the rule of law as their constitutional principles. Transition was a frame for this experiment, since the legal state and the rule of law were to be implemented urgently, simplifying it as much as possible, selecting from the catalogue of democratic institutions those for which it was believed that their values, in the conditions of a new and different environment, would ensure the desired result. Although the nominal commitment to objective of establishing the legal state and the rule of law is willingly and readily underscored in all the programme documents of all subjects of the political life of countries in the region, it is obvious that the formal acceptance of the principle of the legal state and the rule of law does not automatically mean the application of their contents. The transitional environment was not up to the acceptance of the values of the rule of law, much less to taking responsibility for their accomplishment.The change offered by the transition was a unique opportunity to constitute a principle of justice, based on the idea of new justice which relies on a new articulation of the core values of the civil society, strengthening and ensuring the principles of legal security, social peace, but this would mean designing the binding principles, which, judging by the results, has not happened. It is certain that the legal state and the rule of law will not be put in the forefront by a stubborn repetition of the declared loyalty to their principles, but by full endorsement with the intention of they being applied to the letter.

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Развој идеје владавине права и промјена устава као предуслов европских интеграција (примјер Црне Горе)

Развој идеје владавине права и промјена устава као предуслов европских интеграција (примјер Црне Горе)
(Development of the Idea of the Rule of Law and Amendment to the Constitution as a Precondition of the European Integrations (The Case of Montenegro))

Author(s):Mladen Vukčević, Danilo Ćupić
Language:Serbian
Subject(s):Constitutional Law
Page Range:118-133
No. of Pages:16
Keywords:Rule of law;Constitution of Montenegro;Constitutional revision;Judical authority;European integration;
Summary/Abstract:The subject of this paper is the development of the idea of the rule of law in Montenegrin history and constitutionality, with a special reference to the current revision of the Constitution of Montenegro, in part related to changes in the judiciary. This paper presents a chronological overview of the provisions referring to the constitutional position of the fundamental legal principle and its implementation in different historical periods, starting from 1905 to 2007, from the first constitution up to the adoption of the current Constitution of Montenegro and the amendment I–XVI in 2013.The central part of the work is the analysis of the constitutional provisions which regulate the judiciary in the Constitution of Montenegro in the context of the requirement that they should undergo a revision in the process of European integration. In this sense, the comparison is done between, on the one hand, the approved amending changes which tend to eliminate the influence of political factors on the performance of the functions of the judiciary, and on the other hand, the potential scope and limitations of the solutions that have been proposed.

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Правна држава - услов укључивања у европске интеграције

Правна држава - услов укључивања у европске интеграције
(State of Rule of Law - Condition for Joining the European Integrations)

Author(s):Dragan Bataveljić, Srđan Nikezić
Language:Serbian
Subject(s):EU-Accession / EU-DEvelopment, EU-Legislation
Page Range:134-153
No. of Pages:20
Keywords:Political system;Rule of law;Organization of authority;Political criterion;Principles;Institutions;Criteria;Copenhagen;European Union;
Summary/Abstract:The authors in the paper indicate that modern society increasingly experiences politicization of the wholeness of the political being, so that the political system increasingly goes beyond the social system considering that the modern politics appears in each pore of the society. How-ever, the essence of the paper is the fact that joining the European integrations and entering the European Union for the candidate countries can be provided only by the political system of the state of law. For providing such a system it is necessary to establish and obey certain principles and the institution of the state of rule of law. Also, in this modest paper the authors wanted to give appropriate answers in the shortest possible way, considering that the constitutionality, legality and especially the state of law are nowadays very often mentioned in public conversation and that there are numerous obscurities and doubts related to those categories.

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О "функцијама" уставног суда које нису непосредно записане у уставу

О "функцијама" уставног суда које нису непосредно записане у уставу
(On the implicit "Functions" of the Constitutional Court)

Author(s):Vladan Petrov
Language:Serbian
Subject(s):Constitutional Law
Page Range:154-159
No. of Pages:6
Keywords:The function of the positive legislator;The educative function;The cultural function;The function of the social integration;The judge of the Constitutional Court;Prominent lawyer;
Summary/Abstract:In this article, the author briefly explains some „functions“ of the modern constitutional court, including the Constitutional Court of the Republic of Serbia, which are not directly written down in the Constitution, but which are of the great importance for the realization of the role of the constitutional court as a guardian of the rule of law. He mentions the following functions: quasi-political or the function of the co-legislator, educative function, cultural function and, finally, the function of the social integration as the one which, in the certain sense, covers all the mentioned functions. In this respect, it is very important that the Constitutional court be comprised of judges who are really prominent lawyers.

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Владавина права и институтционалне претпоставке независности судства у Србији

Владавина права и институтционалне претпоставке независности судства у Србији
(The Rule of Law and the Institutional Presupposition of Independence of the Judiciary in the Republic of Serbia)

Author(s):Darko Simović
Language:Serbian
Subject(s):Constitutional Law
Page Range:160-172
No. of Pages:13
Keywords:Rule of law;Independence of judiciary;Constitution of Serbia from 2006;
Summary/Abstract:Despite the explicit proclamations of the independence of the judiciary in the Constitution of Serbia from 2006, some of its solutions represent a degradation of the standards already achieved in this field. Undoubtedly, it is necessary to execute certain corrections to the constitutional framework of judicial power in the Republic of Serbia. Firstly, the election of judges on a probationary three year period should be excluded because the idea of the re-election of judges is in logical contradiction with the permanency of the judicial function and the principle of the independence of the judiciary. Secondly, it is advisable to consider introducing changes to the manner in which elective members of the High Judicial Council are elected so as to avoid any possible indirect political influences during the election of judges and the termination of their term of office. To avoid the continuous uncertainty faced by judges it is necessary to define more restrictive conditions for termination of their office. The use of legal standards, such as “unconscionable” conduct in delicate situations such as this, surely cannot be a guarantee of the independence of the judicial system. Finally, for the judiciary to be truly independent, it is necessary to secure factual material independence of the judges, by creating some type of fixed budget which will remain outside the competence of the representative body. However, it also seems significant that a political culture be built, that would involve a steadfast awareness of the inviolability of the principle of the independence of the judicial power.

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О односу еколошких права и политике

О односу еколошких права и политике
(About Relationship Between Environmental Rights and Policy)

Author(s):Slobodan P. Orlović
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Energy and Environmental Studies, Environmental interactions
Page Range:173-188
No. of Pages:16
Keywords:Politics;Ecological rights;Protection of environment;State;Ecological organizations;
Summary/Abstract:This article deals with part of the complex relationship of political and ecological activity. This complexity is evident in a number of subjects which deal with ecological issues and in several „green“ national and inter-national policies. Thus, under the term ecological activists we can differentiate between individuals, local, national and international environmental organizations. All of them have influence on different levels of the creation and implementation of policy - local, substate, state and inter-state level. The content of the relationship between ecological and political subject is seen through two kinds of activities. One is direct actions of ecological organizations regarding some specific environmental question. Other activities are pressures with proposals, petitions, and requests to the state authorities to issue a legal act. All these legal acts - local, regional, state and international, constitute a particular „environmental law“. Now, its most important international part is the Aarhus Convention.

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Реформа управног поступка

Реформа управног поступка
(Reform of Administrative Procedure)

Author(s):Predrag Dimitrijević
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Public Administration, Public Law
Page Range:189-199
No. of Pages:11
Keywords:Administrative procedure;Draft Law on General Administrative Procedure;Aims and principles of the reform of public administration;Modifications of administrative procedures;
Summary/Abstract:Reform of administrative procedure is a part of complex process of reform of public administration. However, the modification of the public administration concept from public authority to public service in the circumstances of New Public Management requires change of the procedure of administrative activity. Reform of administrative decision-making, apropos general and particular administrative procedures, is a part of process of re-form of public administration and it is of crucial importance. It requires modification of the Law on Administrative Procedure, which has to be simpler and with effective legal remedies in the interest of a party as well as in public interest. In the contemporary general administrative procedure, as a legal procedure for the „new“ age, human rights must be given central role. They must be defined in the human’s interests and the public administration has to „serve“ them. Administrative procedures have to be in the function of administrative services. However, modifications of administrative procedure can be very dangerous if they don’t fit real possibilities of administration to accept and apply them in everyday practice. Therefore, this process has to move slowly, especially when it comes to the norms which regulate silence of administration, legal remedies but also the subject of administrative procedure, i.e. the issue of its purpose.

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Uticaj EU integracija na samostalnost-zavisnost domaće legislative (poseban osvrt na upravno pravo)

Uticaj EU integracija na samostalnost-zavisnost domaće legislative (poseban osvrt na upravno pravo)
(Influence of European Integration on (In)Dependence of National Legislation (Particular Case of the Administrative Law))

Author(s):Borče Davitkovski, Dragan Gocevski, Elena Davitkovska
Language:Serbian
Subject(s):EU-Accession / EU-DEvelopment, EU-Legislation
Page Range:200-212
No. of Pages:13
Keywords:European administrative space;Acquise communitaire;Administrative procedure;Public and state administration;Principles of administrative procedure;
Summary/Abstract:When we speak of the “degree of dependence” or level of influence EU acts and agreements extend over national legislature, one must emphasize that this conditionality is above all voluntary. Member states and countries aspiring to EU membership strive to harmonize their laws and bylaws at a national level, in accordance to (mutually) determined directives, standards and recommendations adopted by the European Parliament and issued by the European Commission in the form of progress re-ports. In order to fully adapt to the founding values of the EU, all countries are driven to respect the common market and therefore follow the regulation adopted at supranational level by the legitimate EU institutions. Administrative law is no exception to this process of harmonization. Attempts to harmonize administrative legislature can be found in concepts such as European Administrative Space, Recommendations of the Council of Europe, partly in Agreements for Stabilization and Association (to the EU) and for the Western Balkans through Sigma. However, specifics of the national administrative systems were built and designed to serve the countries’ economic and political needs. Therefore, substantive legislative governing structure and institutions cannot be uniformed, and the Union indeed does not condition member states to adopt a uniformed administrative structure. Administrative procedural legislation, on the other hand is more convenient to such harmonizations and standardizing. Administrative procedure aims to protect the public (and EU) interest, as well as to protect the rights of parties in the procedure. In recent years there have been multiple attempts to adopt certain directions, recommendations and minimum of standards for administrative procedures at EU level as well as by the Council of Europe.Under the coordination and support from Sigma, states from the Western Balkan region, among which the Republic of Macedonia, have committed to reforming their administrative procedural laws. As a direct result, at the end of 2013 Macedonia adopted a Strategy for Reform of Law on General Administrative Procedure which aims to harmonize Macedonia’s administrative procedure with modern standards found in the EU.

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Концепт лидерства у јавној и локалној управи. CAF модел - заштита права грађана

Концепт лидерства у јавној и локалној управи. CAF модел - заштита права грађана
(Concept of Leadership in Public and Local Government. CAF Model - the Protection of Citizen's Rights)

Author(s):Slavko Arsovski, Srđan Nikezić, Dragan Bataveljić
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Governance, Public Administration, Public Law
Page Range:213-233
No. of Pages:21
Keywords:Leadership;Quality;Protection of citizen rights;Public sector;CAF model;
Summary/Abstract:The problem of quality in the state and local governments „has been opened“ by David Osborne and Ted Gaebler in the book Reinventing Government published in 1992. In those years, dissatisfaction with administration in state and local services levels culminated in the USA. That is why it is not surprising that in one issue of the Times magazine to the question „Is the state dead?“, most Americans answered „yes“. Why? Despite the large state funding, only 5% of Americans in 1980 were satisfied with the service and felt that it was the success to work in the civil service, while only 13% of civil servants would recommend this career to others. Debate started on whether there was too much or too little of the state apparatus. In the opinion of Osborne and Gaebler's (Hunt, 1994) „our fundamental problem is that we have bad kind of a state. We do not need more state or less state, we need a better state. To be more precise, we need better management. Management is the process by which we collectively solve our problems and meet the social needs. State is merely the instrument which is outdated and must begin the process of improving.“ It highlighted the importance of quality in public administration. This problem was later analyzed in other, particularly European countries, and later in the EU through the development of a common framework for evaluating the public sector (The Common Assessment Framework, 2002).In the first part of the paper the problem of the quality of public administration and public sector is analyzed and data structures of a common framework for the assessment (CAF) in the public sector are given. Second part of the paper offers an approach to improvement of leadership in the public sector.

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Значај карактера изборних листа за остваривање бирачког права

Значај карактера изборних листа за остваривање бирачког права
(Importance of Electoral Lists in Exercizing the rights to Vote)

Author(s):Goran Marković
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Electoral systems
Page Range:234-256
No. of Pages:23
Keywords:People's soverignity;Electoral lists;Political parties;Candidates;Parliament;
Summary/Abstract:Although the right to vote is universal and equal, many factors complicate its efficient realization. One of these factors is the nature of electoral lists, which determines to what extent the voters would be able to influence the election of their representatives. Besides, the nature of electoral lists influences the behaviour of political parties and candidates.In this work we analyse the factors determining the behaviour of political parties and candidates, as well as the influence of different types of electoral lists on exercizing the right to vote. More specifically, we analyse the influence of electoral lists on: composition of the parliament (social, gender and ideological and political); behaviour of the members of parliament (interests which they represent, relationship with voters and the way in which they decide how they would vote); political corruption. The overall analysis is expected to confirm the basic hypothesis that different types of electoral lists do not have substantially different importance for the realization of the principle of people's sovereignty, although some types of electoral lists enables citizens to participate in the creation of state power more efficiently.

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Смисао и циљ става о поштовању "територијалног интегритета Косова" у извештају Европске комисије о напретку Србије за 2012. годину

Смисао и циљ става о поштовању "територијалног интегритета Косова" у извештају Европске комисије о напретку Србије за 2012. годину
(Meaning and Aim of the Position Requiring Respect of the "Territorial Integrity of Kosovo" in the Report of the European Commission on the Progress of Serbia for 2012)

Author(s):Sava Aksić
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Governance
Page Range:257-267
No. of Pages:11
Keywords:Serbia;Kosovo and Metohija;European Union;State;Territory;Association;Territorial integrity;Membership;
Summary/Abstract:In its annual report on Serbian progress in the process of integration into EU for the year 2012 the Europеan Commission asked from Serbia to respect ”territorial integrity of Kosovo” – southern Serbian province which has, contrary to international law, proclaimed its ”independence”. To ex-plain this kind of demand, the European Commissar has said that it doesn’t implicate any status of Kosovo, because the territory does not implicate that an entity has a character of the state. According to him, the aim is only to avoid division of Kosovo.But, every valid theory of state sees territory as the first condition for existence of a state. So, with regard to the valid theories of state, history and practice, it is impossible to draw any other conclusion other than that the existance of a state without territory is impossible.The only purpose of the European Commission's demand is to use Serbia's aspiration toward integration into European Union for Serbia's recognition of its own province as an independent state. Such demand of the European Union obviously shows that Serbia has no equal position in comparison to other states candidates for membership in the European Union.

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Narodni suverenitet i princip vladavine prava u savremenoj državi naciji sa posebnim osvrtom na Bosnu i Hercegovinu

Narodni suverenitet i princip vladavine prava u savremenoj državi naciji sa posebnim osvrtom na Bosnu i Hercegovinu
(People's Sovereignty and the Rule of Law in the Modern State With Particular Review of the Case of Bosnia and Herzegovina)

Author(s):Dženeta Miraščić
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Governance, Nationalism Studies, Politics and Identity
Page Range:268-297
No. of Pages:30
Keywords:Nation-state;Rule of law;Principle of ethnic determinism;Nation;Sovereignty of the people;Discrimination;Citizen;Bosnia and Herzegovina;
Summary/Abstract:The modern nation-states represent the highest form of political organizing, so this is why they are presented with an extremely complex tasks related to the enforcement of the rule of law. Using the legitimate coercive apparatus, as well as all the mechanisms available to modern state-systems of law, nation-states are obliged to ensure the equality of all citizens as the primary political actors, and to protect them from all forms of discrimination and arbitrariness of the state authorities. Through consistent and full implementation of the principle of sovereignty of the people, modern nation-states are obliged to provide their citizens, regardless of their (non)membership to a particular social group, with assurance of their participation in the socio-political decision-making process under equal conditions. Furthermore, based on democracy as the rule of the people or the opportunities of equal and free members of the community and their rights to participate in public decision-making process, the modern nation-states, both on national and international level, are determined as the only subjects who can guarantee the protection and realization of fundamental rights and freedoms for all its citizens.The primary task of the modern states is to ensure the freedom and equality of all members of the specific socio-political community. But equality among individuals must necessarily be accompanied by appropriate state's instruments whereby government will guarantee to all citizens certain rights on the basis that will recognize their abilities, which will still result in enabling a common form of political action. However, despite numerous efforts, a significant number of states are not able to consistently and fully implement the idea of sovereignty of the people and the rule of law, which has resulted in the creation of the so-called systematic inequality of life chances which have serious consequences for citizens who are unable to participate in the work of public authorities. In this regard, it is absolutely impossible to achieve a stable and unified society within the nation-states in which common structure of political action is limited as a result of systematic inequality of life chances; thereby the process of decision making is becoming the sole privilege of the few.When it comes to Bosnia and Herzegovina, it is important to note that this is a pluralistic society which consists of a number of cultural, ethnic and religious communities, in which the “major role” of the socio-political decision-making process is played by three ethnic communities – constituent peoples: Bosniacs, Croats and Serbs, who, based on current normative regulations in the modern constitutional arrangements, enjoy privileges, certain rights and freedoms. Under provisions of the Constitution of Bosnia and Herzegovina, "most dominant" collectivities within Bosnian multicultural society - the constituent peoples - are guaranteed participation in the work of public authorities and they are thereby guaranteed proportional parity of representation at any level of government and in all major political institutions. In addition to parity and proportional representation, constituent peoples, at all state levels, can appeal for the application of mutual veto.In contrast to the Kingdom of Belgium and the Swiss Confederation, the states which are also subject to internal turmoil, as well as numerous requests for recognition of different status and rights, Bosnia and Herzegovina on the map of European (and global) states is defined as a state-legal community in which individuals (citizens) do not have the status of primary political subject, and also as a community in which there is no normative (and institutional) protection of individuals and their fundamental human rights and freedoms. Giving primacy to collectivities (constituent peoples), the Constitution of Bosnia and Herzegovina is deter-mined as one of the few constitutions in the whole world in which so-called undemocratic elements dominate, violating the basic postulates on which the entire modern international community is based. Under the provisions of the Constitution, the principle of the rule of law and the principle of “ethnic determinism” are proclaimed at the same time, which characterizes Bosnia and Herzegovina as a state that is located between the legal and authoritarian state's spheres.In Bosnia and Herzegovina it is necessary to set up such constitutional and legal frameworks that bring the principle of sovereignty of the people and the rule of law into the state-legal system and socio-political decision-making process. Bosnia and Herzegovina as Hegel's “organization of substantial freedom” shall be placed above all ethnic, religious and other existing communities, and shall allow to each citizen, on equal terms, free and complete realization of the basic rights and fundamental freedoms. Therefore, we suggest that all constitutional reforms go in the direction of the normative (constitutional) and institutional foundation of the Bosnia-Herzegovina nation. In other words, in the socio-political decision-making process, it is necessary that a nation of Bosnia and Herzegovina (citizens of Bosnia and Herzegovina) has priority over all existing cultural, religious and ethnic collectivities, in which process it is forbidden to negate or diminish the importance of the (specific) collective rights (and interests) that these communities and its members enjoy.

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Наставни садржаји који могу угрозити слободу вере

Наставни садржаји који могу угрозити слободу вере
(Educational Content that May Endanger Religious Freedom)

Author(s):Nenad Tupeša
Language:Serbian
Subject(s):Social Sciences, Education, Law, Constitution, Jurisprudence, Theology and Religion, Politics and law, Politics and religion, Politics and society, State/Government and Education, Sociology of Education
Page Range:298-308
No. of Pages:11
Keywords:Law;Educational content;Religious education;Sexual education;Churches;Religious associations;Freedom;
Summary/Abstract:In this paper, the author analyzes the impossibility of coexistence of educational contents that are contradictory to one another. The author tries to point at the problem of opposites that originates in the phenomenon of contemporary existence of religious education as an optional subject in the school system of Republic of Srpska and an attempt to introduce new educational content entitled “Sexual education” as an optional subject in high schools in Serbia. According to the Article 40 of the Law on Churches and Religious Associations, “the right to deliver religious education in civil and private elementary and high schools is guaranteed by the law”, which results from the Article 1 of the same Law (Official Gazette of Republic of Srpska, No. 36/2006). The author wants to point at the danger of introducing the subject “Sexual education” in schools, which is in collision with the aforementioned Law, which may endanger the principal moral values of the traditional Churches and religious associations, as well as to cause a negative critique by the society. The rush toward the European way of integrations, which, in the words of professor Panov, demands the sacrifice of real and original moral values for the sake of the propagated moral suspension, is actually a wrong path that has “Sexual education” or, as they named it in the pilot project, “Reproductive health education” as one of its many small stops.

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Vladavina prava i ovlašćenja ombudsmana

Vladavina prava i ovlašćenja ombudsmana
(Rule of Law and Competences of the Ombudsman)

Author(s):Nada Grahovac
Language:Serbian
Subject(s):Human Rights and Humanitarian Law
Page Range:309-319
No. of Pages:11
Keywords:Rule of law;Human rights and freedoms;Institution of ombudsman;Authority of ombudsman to initiate proceedings before the Constitutional Court;
Summary/Abstract:Institution of Ombudsman was introduced to legal system of Bosnia and Herzegovina by the Law on Ombudsman for Human Rights which was imposed by High Representative for B&H in 2000 and adopted in its original text by the Assembly of B&H Parliament in 2002. In its field of work Institution of Ombudsman faced lack of legally defined authorities for efficient exercise of Ombudsman mandate. It is emphasized that the Law on Ombudsman for Human Rights of Bosnia and Herzegovina did not give authority to the Institution to initiate laws and other bylaws that are important for respecting and protection of citizen’s rights as well as to initiate procedure before the Constitutional Court for legal removal of those laws and bylaws that lead to violation of citizen’s rights. Such legal solution is not only contrary to the Parisian Principles that set guidelines for establishing of institution, its competencies and independence of the institution for protection of human rights but it also con-strains institution’s abilities to protect citizen’s rights in individual cases and in its preventive activities. If it is kept in mind that, by definition, ombudsman is protector of legality and citizen’s rights, than his/her authorities must be widely and clearly stated in a way that allows him/her to meet requirements when facing mechanism of protection of human rights. That, among other things, includes authority of ombudsman to initiate proceedings in cases when, in his/her view, violation of human rights is a result of poor or faulty regulations, and ombudsman’s authority to initiate proceedings before the Constitutional Court in order to prevent violations of citizen’s rights that are consequence of application of the law and other regulations that are not in accordance with the Constitution and international standards for protection of human rights.

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Принцип ефикасности у грађанском судском поступку и владавини права

Принцип ефикасности у грађанском судском поступку и владавини права
(Principle of Efficiency in Civil Court Proceedings and the Rule of Law)

Author(s):Gordana Stanković, Marijana Dukić Mijatović
Language:Serbian
Subject(s):Civil Law
Page Range:323-338
No. of Pages:16
Keywords:Rule of law;Legal state;Principle of effectiveness;Civil court proceedings;
Summary/Abstract:This document analyzes the operationalization of the normative principles of efficiency in each branch of civil court proceedings in order to perceive the way procedural systems support and promote the rule of law. In legislator’s attempt to exercise the right to trial within a reasonable time, the procedural efficiency became the primary goal of the procedure. The legislator concretized his efforts to speed up the procedure on normative level as much as possible by primarily reformed fundamental procedural principles and their range. In civil proceeding, the principle of effectiveness is formulated in a new way. The legislator did not meet the provision that the court shall conduct proceedings efficiently, but concretized this basic rule by a number of other provisions. Certain statutory provisions in LCP (Law on Contested Procedure, 2011), however, not only failed to speed up the procedure and make it efficient, but have also opened new opportunities for filing a constitutional complaint to the European Court for Human Rights. Besides, certain legal provisions are seriously threatened by certain fundamental principles of procedural and functional human rights that are derived from them. On the other hand, the basic legal and political objectives the legislator had in mind in the course of legislative procedure were effectiveness, efficiency and functionality of the enforcement process, ensuring transparency of data on debtor’s assets in order to prevent a failure in the execution and implementation of European legal standards in the area of enforcement procedures and in accordance with the recommendations of the Council of Europe. In order to achieve these goals, the Law provides that the court is obliged to act with urgency in the proceeding. In addition, the enforcement court is required to process execution and security within a reasonable period of time, which is result of the rules on appropriate application of the rules of civil procedure. The legislator did not only proclaim the principle of the enforcement procedure, but also concretized series of legal provisions so that entire execution procedure is normatively conceived on the principle of efficiency and urgency. The principle of efficiency, which enables significant legal and political and legal and technical goals, not only is not explicitly formulated in the Law on Non-Contentious Proceedings (1982) as one of the fundamental principles of procedure, but some special extra-judicial proceedings are provided to be urgent. Having in mind the nature of the contentious procedure and the fact that in this case civil rights are protected and exercised in the public interest, it is required that the principle of efficiency is one of the fundamental principles this operation should be based on. For a number of legal provisions it is clear that, despite the principle of efficiency is not explicitly claimed, it represents one of the fundamental principles of civil court proceedings. Law on Amendments to the Law on Courts of the Republic of Serbia provided a new legal instrument to protect the right to trial within a reasonable time in a procedure which lasts too long, the right to compensation for the violations of the right to trial within a reasonable time and the procedure for the protection of the right to trial within a reasonable time due to delay in the proceedings. The principle of efficiency is one of the basic principles and it is regulated by the Law on Bankruptcy (2009). It is an expression of the legislator’s efforts to enable settlement of bankruptcy creditors and thus eliminate potential interference in their operations as well as to eliminate economically unsuccessful companies from legal transactions and to return financial funds into production flow. Authors noted that, during each process of reform, especially under the influence of the European Court of Human Rights, which has led to the conclusion that the efficiency of court proceedings is a prerequisite for the realization of the rule of law, the legislator tried to find a rational balance between legality and efficiency with more or less success, as well as the basic principles relating to the quality of legal protection.

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Ovlašćenje ili dužnost stranaka da raspravljaju pred sudom. Posledice pasivnosti stranaka u parničnom postupku

Ovlašćenje ili dužnost stranaka da raspravljaju pred sudom. Posledice pasivnosti stranaka u parničnom postupku
(Power or Obligation of the Parties to Argue Before the Court)

Author(s):Arsen Janevski, Milka Rakočević
Language:Serbian
Subject(s):Civil Law
Page Range:339-358
No. of Pages:20
Keywords:Civil procedure;Hearing of the parties;Passivity;Default judgement;Preclusion;
Summary/Abstract:The subject of interest of this paper is the matter concerning the position of the parties and the manner of their conduct (active or passive) in the civil procedure. Are the parties obliged to argue before the court and actively participate in the court proceedings, or do they decide themselves what their attitude would be, which suggests that they may be completely passive without the need to turn to the procedural activities undertaken by other parties in the proceedings? The adversarial principle in the contemporary civil procedure is designed in a way that the principle itself means a power of the litigants to be heard in the proceedings, without imposing an obligation of referring to the allegations presented by the adversarial party. The lack of obligation of having an active posture in the proceedings doesn’t mean that the party could act arbitrarily and obstruct the speedy and efficient adjudication on the merits. Having this in mind, the procedural regimes, while proclaiming the power of the parties to adversarial proceedings, at the same time are proclaiming negative legal consequences for the passivity of the parties.

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Кодификација грађанског права као допринос владавини права

Кодификација грађанског права као допринос владавини права
(Codification of Civil Law as Contribution to the Rule of Law)

Author(s):Branko Morait
Language:Serbian
Subject(s):Civil Law
Page Range:359-377
No. of Pages:19
Keywords:Codification;Law;System of norms;Content of law;Subjects of contractual relations;Consumers protection;
Summary/Abstract:In this article, the author deals with legal regulation of contractual relations in countries that once formed Yugoslavia, especially in Bosnia and Herzegovina. In Bosnia and Herzegovina, the Draft Law on Contractual Relations was prepared by the date of 28th of January 2003, when two study groups from both entities completed their work formulating the text of Draft in organization of entities’ legal departments, which was sup-ported by the German government organization GTZ. After the said date, Department of Law took on the responsibility of organizing the work on completing the Draft, with the help of OHR, but the result of their labor did not become a positive judicial text. The author tries to clarify the importance of Yugoslav Law on Contractual Relations from today’s perspective and concludes that it still largely affects the legislative processes of regulating contractual relations in all former Yugoslav republics. Law on Contractual Relations has prolonged its judicial life with the reception into new legal orders, which, in turn, subjected it to smaller or larger adjustments. And in places where the new legal text on contractual laws was passed, major deviations from the source have not been noticed, as in term of both the systematic and the content of the legal text.

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Vladavina prava i pomorsko pravo u eri globalizacije

Vladavina prava i pomorsko pravo u eri globalizacije
(Rule of Law and Maritime Law in the Era of Globalization)

Author(s):Dragan Bolanča
Language:Serbian
Subject(s):International Law, Globalization, Maritime Law
Page Range:378-385
No. of Pages:8
Keywords:Rule of law;Maritime law;International law of the sea;
Summary/Abstract:Maritime law originally belongs to the continental legal system but is, in its essence, a mixed legal system, because it also contains a number of elements of Anglo-Saxon law. Despite some original solutions pertaining only to maritime law and irrespective of the great influence of international conventions, including the international law of the sea, it cannot be claimed that this is universal law, i.e. a special (third) legal system in the world. However, its great uniformity undoubtedly contributes to the rule of law in maritime enterprises.

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Пословно удружење као посебан правноорганизациони облик у праву Републике Србије

Пословно удружење као посебан правноорганизациони облик у праву Републике Србије
(Business Association as Distinct Legal-organizational Form in the Law of the Republic of Serbia)

Author(s):Ljubiša Dabić
Language:Serbian
Subject(s):Law on Economics
Page Range:386-404
No. of Pages:19
Keywords:Business Association;Legal-organizational form;European group of economic intersts;Business Chamber;
Summary/Abstract:In his paper the author offers an in-depth analysis of status and legal nature of business association as distinct legal organizational form as defined by the law of Republic of Serbia. It highlights the fact that this pertains to business entity only in its wider sense.Business Association is an independent organization with legal personality, which is established by articles of association by at least two business entities operating under mutual name with the purpose of accomplishing mutual interests of its members, with liabilities to third parties guaranteed by its total assets, while its members are liable in the manner determined by the articles of association. It must be noted that business association in our legal system is not by its legal nature legal form for business activities with goal of making profit, moreover its not business entity, regardless of the fact that is regulated by the Company Law, that it is founded by other business entities, that it is entered into Business Register, that it has business name (company) and not the name under which it operates etc. The author in this paper considers the similarities and differences between business association and European group of economic interests, respectively business chamber.

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Ostvarivanje prava na izdržavanje - (ne) moć države

Ostvarivanje prava na izdržavanje - (ne) moć države
(Realization of the Right to Custody - (In) efficacy of the State)

Author(s):Nevena Petrušić, Slobodanka Konstantinović Vilić
Language:Serbian
Subject(s):Gender Studies, Law, Constitution, Jurisprudence, Family and social welfare
Page Range:405-418
No. of Pages:14
Keywords:Gender roles;Child support;Free legal assistance;Child support funds;
Summary/Abstract:Because of the patriarchal ideology and gender role stereotypes, mot-hers are the ones who most frequently have sole legal custody of the child, based on the certain legal agreement, or on certain decision of the court. This form of child custody means that the father is obliged to pay child support – allimony, in accordance with his possibilities and the child’s needs. However, in practice, child support avoidance is a frequent phenomenon, which causes children and mothers, especially the unemployed mothers, to fall below poverty line. The court realization of the legally enforceable right to child support is followed by many difficulties because the system of free legal assistance does not exist, and the regulations about the exemption from the previous obligation to pay legal fees and free legal representation are not applied. The enforcement of judicial decisions regarding the obligation to pay child support is extremely ineffective and inefficient, which has been confirmed by the recorded proceedings of the cases from different courts in Vranje, Preševo and Bujanovac, which refer to the enforcement of judicial decisions in child support trials. Taking into account the current significance of the right to child support, it is necessary to take measures in order to increase the efficiency of the court in terms of giving legal protection. It is highly important to establish child support funds which would provide child support in cases when parents avoid paying child support. The postponement of criminal trials (Article 283, Section 4 of the Criminal Procedure Law), which has, in practice, produced positive effects, should be applied more widely; also, positive effects can be produced by means of efficient court proceedings and adequate punishment of the perpetrators who commit a criminal act of the failure to comply with child support order.

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Споразумна диоба у браку стечене имовине (de lege lata и de lege ferenda)

Споразумна диоба у браку стечене имовине (de lege lata и de lege ferenda)
(Amicable Division of Property Acquired in Marriage (de lege lata and de lege ferenda))

Author(s):Stanka Stjepanović
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Family and social welfare
Page Range:419-435
No. of Pages:17
Keywords:Distribution;Common property;Notarized documents;Creditor;Debtor;Court;
Summary/Abstract:Amicable division of property acquired in marriage may be the desire of spouses to their undetermined interests. This can happen during marriage and at point of dissolution of marriage. The focus of this paper is on amicable division of property acquired in marriage. But the agreement does not always reflect the free will of the contractor; usually it is the pressure of one spouse which leads to violation of the rights of another spouse. The analysis of consensual division leads to a conclusion that there is a need to amend the law regulating mandatory form of such an agreement. Amicable division of property acquired in marriage has two dimensions: the constitutionally guaranteed freedom of contract and equality of spouses and at the same time limits the freedom rights of third parties, in particular, freedom rights of public bodies. Therefore, amicable division of property acquired in marriage should always take the form of a court settlement. If the spouses have minor children or children over whom they have extended parental rights and guardianship, representative of authority should be present at the proceedings. The court should require that the parties make a statement, under civil and criminal liability, that they have no debts to third parties. If, however, parties do have debts to third parties, the said third party(ies) should submit statements confirming they are familiar with the agreement of the spouses, and that this agreement is not contrary to their interests. This would prevent abuse of the rights of spouses to amicably division. It is also important that the judge at the hearing carries out detailed examination in order to make sure that neither of the spouses was forced or tricked into concluding such an agreement. In legal theory and jurisprudence there are different possible interpretations of using the Paulian claim in canceling agreement on division of property acquired during marriage. Paulian claim is possible in these cases, but anyway, it is better to prevent a lawsuit being filed before the court by corroborating an agreement with participants and creditors.

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Остварување на принципот на владеење на правото во граганскоправните односи

Остварување на принципот на владеење на правото во граганскоправните односи
(Realization of the Principle of the Rule of Law in Civil Law Relations)

Author(s):Rodna Živkovska, Tina Pržeska
Language:Macedonian
Subject(s):Law, Constitution, Jurisprudence, Civil Law
Page Range:436-456
No. of Pages:21
Keywords:Rule of law;Republic of Macedonia;Civil Law;Property;Free Market;
Summary/Abstract:The text shows that the rule of law in modern legal systems is accepted as a fundamental principle in direct correlation with democracy, protection of human rights, and recently with economic development. Due to the different approaches in defining the rule of law in modern legal theory, the text shows that there are two stages of realization of the rule of law – thin principle of rule of law and thick principle of rule of law. The thin principle of rule of law involves laws that in formal sense provide law and order, protection of human rights and civil rights, efficient judicial system etc. The thick rule of law involves certain values such as democracy, security, justice, equality. The text shows that in article 8 of the Constitution rule of law is determined as one of the fundamental values of the constitutional system in Republic of Macedonia. Beside the constitutional proclamation of rule of law, the text shows that the guarantee of ownership, legal protection of ownership and free market play crucial role in realization of this principle in civil relations. In the analysis of general and special laws, it is stated that in achieving rule of law, in the broader sense of the word, the quality of the laws is as important as their quantity (sufficient number of laws that regulate civil relations) because the rule of law should involve values such as justice and equality. Realizing the principle of rule of law in civil relations, as it is shown in the text, involves creating legislation based on the principles that govern civil relations. Consistent application of these principles when regulating civil relations is crucial regarding the rule of law because it underlines the nature of these relations instead of suppressing it. The text shows that limitations in civil relations are also in the function of rule of law because the limitations are set in order to create space where the rights of one person may be exercised without limiting the rights of others.The analysis of special laws in the text shows that regulations increasing the liability of government bodies when they are in position to deter-mine right and duties of persons has been recently implemented (for government officials there is a misdemeanor responsibility, and for government bodies liability for damages).The general conclusion is that in Republic of Macedonia there has been a progress regarding the rule of law in all areas of the legal system. However, achieving the so called thick principle of rule of law still represents a challenge for Republic of Macedonia.

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Владавина права у наследном и породичном праву

Владавина права у наследном и породичном праву
(The Rule of Law in Inheritance and Family Law)

Author(s):Slobodan I. Panov, Miloš Stanković
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Civil Law
Page Range:457-486
No. of Pages:30
Keywords:Rule of law;Legal state;Family law;Inheritance law;Law on Restitution;
Summary/Abstract:The work has two authors and two parts: analysis of the rule of law in family law and in inheritance law. It compares the rule of law to legal state. The idea of the rule of law is a temporal, universal; in ideal variant of eschatological determination it is loyalty to timeless ideas of (legal) virtues. Concept of the rule of law is commitment to the current legality and more or less, the obvious resistance to the legitimate.In the initial section, the rule of law is discussed as one of the central ideas of modern legal civilization. Each element of the defining composition allows or imposes some concretizations and relativizations. Dominance as an attribute of the rule of law creates a contradiction and counterpoint. Preliminary substrate in rule of law authorizes the interpretation of the rule of law as harmonized by two elements: theoretical and practical, imaginary/thoughtful and achieved/operational. In particular, numerous ’’muddy facts of times“ which might seem subversive to the reality of achieving the idea of the rule of law are recorded. Modernity is understood as opposition of values, and civilization is understood as less worthy of culture. In the end, examples of ordination of rule of law in family law are given.The next section of the paper explores the idea of the rule of law in civil law, and that means also in inheritance law and in family law and its manifestation in the principle of good faith. In the field of inheritance law, this battle between the individual will on one hand, which tends to be as limited as possible, and social considerations and interests on the other hand, which have the aim to focus every individual will on general benefits, reflects primarily in universality principle of the inheritance and in the principle of equality.Furthermore the attention is paid to the new and current exception of mentioned principles in Serbian inheritance law, which appeared in the enactment of Law on Property Restitution and Compensation, often referred to as „Restitution Law’’. One specific and distinctive case is analyzed which represents an exception to the universality principle of inheritance and of the principle of equality, in which we participated on behalf of the Agency for Restitution of the Republic of Serbia and we afterwards wrote a complaint to the Ministry of Finance and Economy of the Republic of Serbia.The essence of the dispute is that Public attorney’s office, as a legal representative of the Republic of Serbia does not consider the applicants as legal heirs to the former owner, so they cannot exercise their right to restitution or indemnity in terms of confiscated property. Acting body found that the quotes of the authorized representative of the applicant that the term of legal heirs can be interpreted more broadly, in terms of invoking the legacy which is stipulated by law, both under the law (legal heirs), and based on the legacy, have no impact on decision in this administrative matter. According to the article 41, paragraph 1, of the same Law, right of action is defined in that way that the ’’request for the return of the property, in accordance with this Act, is submitted by all former owners of confiscated property, or their legal heirs and successors.”Reasoning of the acting body that they a priori are not entitled to restitution and indemnification based on the fact that they are not legal heirs of the former owners is legally unsustainable. Neither in the Serbian legal system nor in the legal systems of other democratic countries can we find the example that one person is guaranteed the right to file a motion seeking exercise or protection of any right and to ‘’know’’ in advance that they cannot count on recognition, exercise or protection of that right, regardless of the fulfillment of the legal requirements on which the request is based.Inheritance Act also makes no difference between legal and testamentary heirs in terms of the application of other institutes of inheritance law, for example in terms of incapacity to inherit. Additional argument to this claim is the fact that under article 5, paragraph 2 of the Law on Property Restitution and Compensation, system of enumeration explicitly mentions groups of people who are not entitled to restitution of confiscated property and compensation. As among these persons are not testamentary heirs of former owners, according to the general rules of interpretation of the law, a contrario it must be concluded that this right belongs to testamentary heirs.Ministry of Finance and Economy of Republic of Serbia has issued a decision rejecting the complaint as without merit. We can summarize that in this case, which is currently being decided by Administrative Court in Belgrade, dispute arose over following questions: question of right of action, question of the legal nature of the restitution and compensation and question of the notion of legal heirs. It is obvious that the Public Attorney’s Office and Agency for Restitution of Republic of Serbia and Ministry of Finance and Economy of Republic of Serbia understood this term restrictively, resting only on the linguistic interpretation of the standard. This interpretation is representing not only deviation from the principle of universality and principle of equity but is also in our opinion unconstitutional, because it is inconsistent with the article 21, paragraph 3 of the Constitution of Serbia, which ’’prohibits any discrimination, direct or indirect, on any grounds’’. The Constitutional Court in its decision said it had no jurisdiction, under the provisions of article 167 of the Constitution to decide on the compliance of the provision of article 5, paragraph 1, subparagraph 1 with the Inheritance Act and Act on Extra-judicial Proceedings.Analyzing this case, which final outcome is still to be seen, our intention was not in any way (except, of course, in the sphere of legal arguments) to affect the operation of administrative and judicial authorities of Republic of Serbia, but it seems that current situation is unsustainable in law. Time to come will show whether any changes will occur in modifying the practice of the Agency for Restitution of Republic of Serbia, or what is more likely (and for legal certainty and the rule of law more appropriate), introducing appropriate amendments to legislation in the Republic of Serbia.

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Кодификација на Семејното право во Република Македонија

Кодификација на Семејното право во Република Македонија
(Codification of the Family Law in the Republic of Macedonia)

Author(s):Dejan Mickovik, Angel Ristov
Language:Macedonian
Subject(s):Law, Constitution, Jurisprudence, Civil Law
Page Range:487-516
No. of Pages:30
Keywords:Family Law; Family Law Reform; Civil Code of the Republic of Macedonia;
Summary/Abstract:The Republic of Macedonia is in the phase of drafting the Civil Code of the Republic of Macedonia. The Commission for developing the Civil Code has prepared the pre-draft relating to the Obligations and the Inheritance Law. In this paper, the authors are elaborating the suggestions for the reform of family law, which should be an integral part of the codification of Civil Law in Macedonia. The authors believe that Civil Code, in part related to family law, should include the marriage contract, which is now governed by the law of the family. The marriage contract allows spouses to regulate their own mutual property rights, which corresponds to the con-temporary nature of marriage and allows the realization of the free will of the spouses. The authors also believe that the Civil Code should regulate the marital bans in the extramartial community, which is not the case in the existing family legislation in Macedonia. One of the most pressing issues that arise in the course of reforms in the family law systems in modern societies is the need to provide special legal protection for the marital home. Keeping in mind the needs of the children in practice, as well as solutions from comparative law, the authors believe that the Civil Code should provide special legal regime for the joint matrimonial home. The authors also invoke the principle that after a divorce the parents should jointly exercise parental rights corresponding to the rights and interests of their children. In addition, changes should be carried out relating to children's rights which would provide harmonization of the Macedonian family legislation with the UN Convention on the Rights of the Child. The codification of family law should also provide the mediation in family disputes, especially when it comes to divorce. The authors believe that in the case of a divorce mediator should predict the jurisdiction of the Center for Social Work in the conciliation proceedings, which is currently being conducted by the primary court judges. In addition, in the case of divorce by consent, and when the spouses do not have mutual children, the authors find that after mediation, marriage should be divorced by the notary, and not by the court.

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Ризик као основни елемент осигурања

Ризик као основни елемент осигурања
(Risk as a Basic Element of Insurance)

Author(s):Vladimir Čolović
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence
Page Range:517-535
No. of Pages:19
Keywords:Risk; Insurance;Risk management;Control;Prevention;Damage;Coinsurance;
Summary/Abstract:The risk is one of the basic elements of insurance and insurance is a protection against the realization of risk. The realization of the risk depends, primarily, on its nature. The risk can be multiplied, making it harder to control. Risk control and possibility to influence its realization is one of the most complex operations, not just for insurance companies but also for all subjects in society. The risk always threatens, no matter what it consists of and when and where it can be realized. We must study the risk, primarily, from the aspect of the insurer, whose main activity involves covering risks but also, we have to observe and protect against risk in terms of enterprises, legal persons and individuals in general. This article deals with control of risk and risk management in the insurance companies, as well as other legal entities, who seek protection from risks, primarily in insurance companies, but who, nevertheless, must define other models of protection as well. The main methods of protection against the risk in insurance company are coinsurance, reinsurance and transfer of insurance port-folio to the other insurance company. When we talk about the insured, the main methods of protection against risk are damage control method, the method of financing the damage and the method of internal risk reduction. The author also pays attention to the changes in EU legislation, when it comes to risk control and operation of insurance companies in the countries of Western Balkans which are not EU members. Impact of EU law in this area will occur in countries of Western Balkan, primarily due to: a) a possible acceptance and implementation of these rules, b) the preparation for EU membership, c) reinsurance and d) insurance companies owned by the owners from EU countries. The conclusion of this paper refers to the fact that the risk can be controlled and that the protection does not consist only of insurance or of coinsurance and reinsurance, but also of preventing, or taking action to reduce risks.

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Поступак у парницама за објављивање исправке неистините, непотпуне или нетачно пренете информације

Поступак у парницама за објављивање исправке неистините, непотпуне или нетачно пренете информације
(The Procedure in Action for Publication of the Correction to the Untrue, Incomplete or Incorrectly Transferred Information)

Author(s):Vladimir Boranijašević
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Media studies, Theory of Communication
Page Range:536-555
No. of Pages:20
Keywords:Media;Information;Violation of the right or interest:Correction of information;Special civil procedure;
Summary/Abstract:The right to a correction of information which has been either false, incomplete or incorrectly conveyed and which has violated the right or legal interest of the person the information refers to is provided and guaranteed by regulations of international and domestic legal acts. This right is realized in a special kind of civil proceedings and the rules according to which to act have been regulated by the Public Information Act of the Re-public of Serbia. The legislator regulates in detail the rules of conduct in this special civil procedure. As compared to the previous Public Information Act (1998) in which a number of issues were not regulated, the current law almost completely normatively regulates the judicial proceedings for realization of the right to a correction of the published information. The legislator especially emphasizes the emergency of the procedure concretized through regulations of deadlines and elimination of certain institutes characteristic for general civil proceedings, while deviating from the rules of general civil proceedings applied in this procedure. However, although emergency was proclaimed, the legislator can be blamed for the length of terms, if comparison is made to the terms regulated in the procedure in litigation for announcement of the response to false, incomplete and incorrectly conveyed information, where the terms are much shorter.In case we ignore the use of inadequate technical terms and non-existence of certain legal solutions, we can conclude that the legislator has planned for a relatively efficient procedure for protection of the right to a correction of the published information which has violated the right or interest of the person it refers to. With a possible shortening of the regulated terms, the person whose right or interest have been violated would be enabled to realize efficiently the right to a correction of published information.

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Правни значај преноса права интелектуалне својине код уговора о франшизингу

Правни значај преноса права интелектуалне својине код уговора о франшизингу
(Legal Significance of the Transfer of Intellectual Property Rights in Franchise Agreements)

Author(s):Strahinja Miljković
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Law on Economics
Page Range:556-750
No. of Pages:15
Keywords:Franchise agreement;Franchisor;Franchisee;Intellectual property rights;Franchise package;
Summary/Abstract:The need for further self-expansion of capital and the conquest of new markets through the minimum investments can be achieved through franchising as a specific investment method of contract business. Using successful methods of business, reduced investment risks and independence in business are among the governing reasons for joining franchise network by potential franchisees. The franchisor is obliged to pass the intellectual property rights to the franchisee in the moment of the contract conclusion. The obligation to transfer intellectual property rights can be seen as one of the essential obligation of the franchisor. Transfer of intellectual property rights from the franchisor to the franchisee is one of the obligations that must be agreed on so that the contract could be classified as a franchise agreement.

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Својина Манастира Високи Дечани - голгота или заштита?

Својина Манастира Високи Дечани - голгота или заштита?
(Property of the Serbian Orthodox Church Monastery High Decani - Suffering or Protection?)

Author(s):Duško M. Čelić
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Eastern Orthodoxy
Page Range:571-594
No. of Pages:24
Keywords:Decani Monastery;The right to peaceful enjoyment of possessions;The right to a fair trial;Golgotha "property";Deed of gift;UNMIK "justice";Special Chamber of the Kosovo Supreme Court;
Summary/Abstract:Actions of UNMIK ''Justice system'' in proceedings against the Monastery of Decani, which are the subject of substantive disputes regarding the rights of ownership of real estate by the monastery (originally taken from the monastery by the implementation of repressive measures in 1946 and then returned to a lesser extent under the Contract of Gift in 1997) indicate the lack of basic guarantees for the exercise of the right to peaceful enjoyment of property and the right to a fair trial. Judgment of ''EULEX's Special Chamber of the Supreme Court of Kosovo'' from 2012 sheds new light on the (in)ability to protect property of the Serbian Orthodox Church in Kosovo and Metohija.

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Заштита од клевете

Заштита од клевете
(Protection Against Defamation)

Author(s):Milica Panić
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence
Page Range:595-614
No. of Pages:20
Keywords:Law on protection against defamation;Freedom of expression;Damage;
Summary/Abstract:In this paper we will discuss some general issues relating to the Law on Protection against Defamation, which applies to all claims for damages, if they are filed for unlawful damage to reputation caused by making or disseminating untrue facts, regardless of the type of claim. The subject of discussion will be the provisions of this Act relating to the limitation of freedom of expression, liability for defamation, exemptions from liability, protecting confidential sources, compensation for damage, limitation periods and the relation of this law to other laws. In this paper we will use positive-historical and comparative method. Special attention will be paid to solutions that are accepted in comparative law. The aim of our study was, therefore, to compare legal solutions in some countries in terms of protection against defamation. In the course of writing this paper we considered both solutions adopted in the legislation and doctrine, as well as case law.

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Потпис завјештаоца на писаном завјештању пред свједоцима

Потпис завјештаоца на писаном завјештању пред свједоцима
(Testator's Signature on Witnessed Will)

Author(s):Dimitrije Ćeranić
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence
Page Range:615-626
No. of Pages:12
Keywords:Witnessed will;Testator's signature;
Summary/Abstract:In this paper, the author analyses the procedural provisions for making witnessed will (attested will), especially in relation to the Testator's signature. The author presents and calls attention to the most substantial problems that exist in theory and practice. The author makes a comparative analysis of laws in former Yugoslavia, with the laws of Austria, Hungary, Czech Republic, England and the law of UPC. The aim of this paper is to improve legal regulation. The author uses historical, normative and comparative methods. Finally, the author gives suggestions on possible regulations of these issues.

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Принцип конкуренције у закону о јавним набавкама БиХ, наспрам института реорганизације стечајног дужника

Принцип конкуренције у закону о јавним набавкама БиХ, наспрам института реорганизације стечајног дужника
(Principle of Competition in Public Procurement Law Compared With Institute of Insolvency Reorganization)

Author(s):Damjan Danilović
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Public Law
Page Range:627-637
No. of Pages:11
Keywords:Public procurement;Competition;Reorganisation;
Summary/Abstract:The author of this paper analyses certain kind of relationship between public procurement law and insolvency law. The author points out that the principle of competition, as very important principle of public procurement law, is not present enough especially in a segment where legal principle of these two laws should be the same.According to the current situation, the author suggests certain corrections in current directives in order to strengthen the principle of competition in these kinds of relation.

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Razvoj prava deteta u međunarodnom pravu tokom XX veka

Razvoj prava deteta u međunarodnom pravu tokom XX veka
(Development of Children's Rights in International Law During the 21st Century)

Author(s):Uroš Novaković
Language:Serbian
Subject(s):History of Law, International Law, Human Rights and Humanitarian Law
Page Range:638-649
No. of Pages:12
Keywords:Children's rights;International law;Declaration of the Rights of the Child;Convention of the Rights of the Child;
Summary/Abstract:Changes regarding the attitude toward children occurred in the social milieu during the XVIII and XIX century and culminated in legal regulation throughout the XX century. This century marks a milestone in the recognition of the children rights, and abandons contemporary models of depriving children of their rights and patriarchal models of child protection. In international law, when it comes to family, three elements are in focus: family, family environment and family life. Subject of our interest in this paper are the "Geneva Declaration", Declaration on the Rights of the Child (1924), and especially, Convention on the Rights of the Child (1989).Declaration on the Rights of the Child (1924) provides principles such as: that children need to be provided with conditions for normal physical and mental development, that hungry child has to be fed, that sick child has to be cared for, that orphans should be looked after, that child should be protected from exploitation. This Declaration for the first time emphasizes economic, psychological and social needs of the children.Declaration on the Rights of the Child (1959) consists of a preamble and ten principles. The fact that it was adopted without abstentions shows that this international act is more important than the other acts of the General Assembly – it has moral binding force. UN Convention on the Rights of the Child (1989) is the longest legally binding contract of the United Nations General Assembly. It is based on four principles: participation, protection, prevention and the provision (so-called four “P” rights). One of the most significant innovations of the Convention is the principle of the best interests of the child and increasing legal capacity of a child. These two principles are protective mantle for all Convention rights. Indicators in the field of children's rights after Second World War, reflected in the adoption of a number of legally binding documents related to children and children's right, show that the position of children is no longer each country’s internal matter.

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Стадијуми у извршењу кривичног дела

Стадијуми у извршењу кривичног дела
(Phases in the Process of Committing a Criminal Offense)

Author(s):Dragan Jovašević
Language:Serbian
Subject(s):Criminal Law
Page Range:653-671
No. of Pages:19
Keywords:Preparatory activities;Attempt;Criminal offense;Perpetrator;Responsibility;Criminal sanctions;
Summary/Abstract:There are several stages in the process of committing a criminal offense. The first one is the stage of psychological character, in which a person considers the possibility of successful commission of a criminal offense. On the grounds of previously made decision, either at that very moment or after a certain period of time, that person starts acting in accordance with his decision and undertakes the activity that represents premeditated criminal offense and either causes the consequence (completed criminal offense) or the consequence is left out (attempted criminal offense). Sometimes, preparatory activities are necessary for commission of a criminal offense. These include the activities that create conditions and preconditions that allow the commission of previously planned criminal offense or make its commission faster, easier or simpler. A universal standpoint on determining the definition, the types and the roles of preparatory activities in contemporary criminal law, as well as the grounds for the liability to punishment in such cases, have not yet been accepted. There are pieces of legislation that incriminate preparatory activities as punishable stadiums in the commission of criminal offense, whereas others treat preparatory activities as independent criminal offenses. Тhis paper discusses the definition, types and significance оf these phases in the process of committing a criminal offense in theory, practice and legislation.

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Kazna maloljetničkog zatvora

Kazna maloljetničkog zatvora
(Juvenile Imprisonment)

Author(s):Ivanka Marković
Language:Serbian
Subject(s):Criminal Law, Criminology, Penal Policy
Page Range:672-684
No. of Pages:13
Keywords:Older juveniles;Juvenile prison on a high degree of culpability;Severe consequences of the offense;
Summary/Abstract:Juvenile imprisonment is a specific type of prison sentence, which differs in many ways from the other penalties of loss of liberty known in our legislation (incarceration and long-term imprisonment). This is understandable if one bears in mind the fact that it is a sentence which is passed on juvenile offenders whose bio-psychological and social development of personality is not yet completed and who, therefore, can be adversely affected by such institutional treatment. For this reason, the possibility of imposing this penalty is provided only as an exception, if the conditions stipulated by the law have been met. Law on Protection and Treatment of Children and Juveniles in the Criminal Procedure introduced certain innovations in the regulation of juvenile imprisonment and, thereby, caused certain weaknesses that challenge the legitimacy and legality of the new legal solutions.The author of the paper points out all the specificities of juvenile imprisonment, and at the same time critically analyses relevant statutory pro-visions.

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Извршење казне затвора у Републици Србији - скромни домети и нужност суштинских реформи

Извршење казне затвора у Републици Србији - скромни домети и нужност суштинских реформи
(Execution of Prison Sentence in the Republic of Serbia - Modest Achievement and the Necessity of Essential Reforms)

Author(s):Vladimir V. Veković
Language:Serbian
Subject(s):Social Sciences, Criminal Law, Penal Policy
Page Range:685-707
No. of Pages:23
Keywords:Execution prison sentence;Suppression of crime;Criminal sanctions;
Summary/Abstract:Execution of sentence in criminal law is a practical way of achieving the overall purpose of prescribing and imposing criminal sanctions and verifying appropriateness of judicial elections, and types of sanctions and measures in each case. The results achieved at the level of executing criminal sanctions significantly affect the overall value of the criminal policy of combating and preventing crime, which is why the penitentiary system attracts more attention in the world and in our country. When it comes to imprisonment - an irreplaceable link in the chain of social reaction to crime in Serbia, it should be noted that its enforcement is burdened with many problems, some of them quite old, others more recent, but what they have in common is that their destructive effects are intensified in the times of economic crisis.Positive regulation in this area is in line with the highest standards established by the international instruments adopted under the auspices of the United Nations and the Council of Europe, but it is much more difficult to apply the solutions in penalty practice. Over the last several years, in cooperation with the OSCE Mission to Serbia, Council of Europe - Office in Belgrade, the European Agency for Reconstruction and the Canadian International Development Agency, there have been significant improvements in the normative, personnel, organizational, material and technical fields, but the achieved results are still not satisfactory. Starting from the strategy adopted by the Government of the Republic of Serbia passed in 2010 the system of criminal sanctions should continuously promote coordinated, well-designed and content-rich activities. Thus, it will be shaped by consistent enforcement system, which means that the execution of criminal sanctions, and therefore the prison sentence, without exceptions applies methods, means and measures set forth by the applicable regulations that are compatible with the relevant international standards in this area. By creating a general climate of respect for human rights, including having more humane attitude towards the inmates and improving their status, the society will contribute to more efficient realization of the purpose of executing the sentence of imprisonment which, despite the introduction of a range of alternative sanction remains unavoidable tool in the fight against crime. Social context in which implementation of reforms is to be intensified is not favorable; nonetheless, the reforms remain necessary prerequisite for successful prevention and combat against crime.

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Pritvor u svjetlu Ustava i Zakonika o krivičnom postupku Crne Gore

Pritvor u svjetlu Ustava i Zakonika o krivičnom postupku Crne Gore
(Detention in the Light of the Constitution of Montenegro and the Law on Criminal Procedure)

Author(s):Branko Vučković, Vesna Vučković
Language:Serbian
Subject(s):Constitutional Law, Criminal Law, Penal Policy
Page Range:708-725
No. of Pages:18
Keywords:Detention;Base for fixing detention;Duration of detention;Convention law;
Summary/Abstract:Detention is a measure of depriving an individual of fundamental human right – right to freedom. It is protected by instruments for protection of human rights, primarily by Constitution and by courts, and its protection is particularly important in the case law of European Court of Human Rights. Except for material and procedural conditions related to placement in detention, its duration and release from it, case law has important role in application of some clauses. Procedural presumptions related to adjective law, reasoning of decisions for detention and duration of detention are of particular importance.This work will point out to contentious issues that are present in case law concerning substantive regulations and their interpretation with regard to Montenegrin Constitution, Code of Criminal Procedure of Montenegro and European Convention on Fundamental Rights and Human Freedom, conditions under which detention can be determined, the purpose of its fixing and duration. In any case, regardless of some solutions in the Code of Criminal Procedure of Montenegro, we consider that sentence “Teoria sine praxis, sicut rota sine axi”, has to be respected - we have to wait for the solutions in case law in order to prove if the existing solutions in our legislation are correct and whether they fulfill the purpose of criminal procedure.

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Акузаторски кривични поступак и начело акузаторности у ЗКП-у Републике Српске

Акузаторски кривични поступак и начело акузаторности у ЗКП-у Републике Српске
(Adversarial Criminal Procedure and Principle of Adversarity in Criminal Proceeding of Republic of Srpska)

Author(s):Mladenka Govedarica
Language:Serbian
Subject(s):Criminal Law
Page Range:726-735
No. of Pages:10
Keywords:The rule of law, adversarial criminal proceedings;Principle of adversarity;
Summary/Abstract:Adversarial criminal proceedings, from which the principle of adversarity is derived has the advantages of providing democratic character and enabling the fulfillment of the goals of the criminal proceedings. First, the court hears the criminal case objectively and impartially and renders a proper and objective decision. Secondly, the prosecutor prosecutes, counsels the prosecution and performs other actions. Finally, the third accused is the party equal with the prosecutor and thus is protected from him by his individual rights and interests, which enables proper resolution of criminal matters.It follows that the importance of the principles of adversarity guarantees objectivity in the establishing of facts and in the decisions-making process in the court. In addition, the accused and his defense can be without fear that the process will be criticized, and the conviction provides the consent of two governmental bodies (courts and prosecutors) on the question of guilt of the perpetrator of the crime.

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Непријављивљње кривичног дјела или учиниоца

Непријављивљње кривичног дјела или учиниоца
(Failure to Report the Crime or the Offender)

Author(s):Igor Petković
Language:Serbian
Subject(s):Criminal Law, Criminology
Page Range:736-749
No. of Pages:14
Keywords:Failure to act;Duty;Criminal zoneM
Summary/Abstract:Falling into the category of offenses against justice, according to the usual classification, and into subcategory of obstruction of justice (along-side offenses such as incrimination obstructing judicial bodies and offenses against the decision of the judicial authorities), criminal offense of failure to report crime or offender, although closely related to criminal offense of failure to report the preparation of criminal offense (in relation to which it is seen as less serious offense) has statutory definition of a crime, and as such it is the subject of this paper. The intention of the author is to clarify to a certain extent a legal obligation to report the offense and the offender by using historical, comparative and legal dogmatic method and to analyze the conditions fulfillment of which leads an individual into the crime zone.

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Принцип екстрадибилности у екстрадиционом поступку

Принцип екстрадибилности у екстрадиционом поступку
(The Principle of Extradibility in Extradition Proceedings)

Author(s):Milijana Lepir
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Criminal Law
Page Range:750-768
No. of Pages:19
Keywords:Principle of extradibility;Politics;Military and religious offenses;
Summary/Abstract:One of the basic principles in extradition proceedings is the principle of extradibility. In extradition proceedings, this principle could be seen as an element of the general principle of legal certainty. By applying the principle of extradibility in extradition proceedings, a sense of security of residents of a state is created. In other words, they will not easily be transferred if the subject has not committed an extraditable offence.Legal formulation of the concept of extradibility has been greatly affected by historical circumstances that have influenced the understanding of rights and values, the necessity to protect the criminal law and to ensure the protection of state sovereignty. To better understand this principle, it is essential to make an overview of historical comprehension of the institute of extradition. The paper represents a prism of the oldest documents on extradition, a “journey” through periods of human civilization illustrated by explanation why certain acts were considered extraditable crimes. The concept of extraditable crimes inevitably raises the question of the legal nature of the institute of extradition. Thus, it is necessary to determine the true nature of the institute of extradition, including extraditable offenses in order to successfully implement extradition proceedings. What strikes us as particularly interesting in terms of the legal nature of extradition is the question whether extradition is an act of good will of the requested state, or it represents the fulfillment of its international obligations. In seeking answers to this question, the paper starts from the premise that extradition appears more as an act of international courtesy and satisfying mutual interests of two states, rather than the state's intentional imposition of an obligation or duty.In the spirit of the maxims that “history repeats itself” and “might makes right” this paper confirms the variability of legal determination of the principle of extradibility, considering the role of the politics as an active witness of the history.

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Зачеци правне државе у устаничкој Србији

Зачеци правне државе у устаничкој Србији
(The Beginnings of the Rule of Law in Serbia During the First Uprising (1804-1813))

Author(s):Srđan Šarkić
Language:Serbian
Subject(s):History of Law, 19th Century
Page Range:771-779
No. of Pages:9
Keywords:Teodor Filipović (Boža Grujović);Council or Government;Rule of law;Liberty;Justice;"Paulucci Convention";Contstitution;"Karađorđe Law Code"
Summary/Abstract:Alongside the struggle for independence, the First Serbian uprising signified the beginning of the formation of the Serbian state and overthrow of the feudal order. This fact was already remarked by Leopold von Ranke in his book Die serbische Revolution. Although we cannot say that the First uprising created the rule of law, some beginnings could be noticed.The first attempt was done by Teodor Filipović, known in Serbia as Boža Grujović (1776-1807). He was the first secretary and organizer of Praviteljstvujušči sovjet (Council or Government). For the first session of the Council Grujević prepared, but never pronounced, the speech on law, justice and liberties, inspired by the ideas of French Revolution.On June 28/July 10, a document known in Serbian historiography as the „Paulucci Convention“ was composed between Russian envoy Marquis Paulucci and Karađorđe and a few prominent Serbian chieftains. In the first article of the document the Serbian people expressed the desire to be under the protection of Russian Tsar Alexander I and to obtain from him as soon as possible a capable zemljeupravitel (land governor). Thereupon, this governor was supposed to establish order and, in the name of Tsar, give a constitution, to the people.The so called „Karađorđe Law Code“ (promulgated after January 11, 1811) in the articles 9, 22, 28 and 37 is trying to ensure fair judgment and to stop the corruption.

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Шестојануарска диктатура и правна држава

Шестојануарска диктатура и правна држава
(The Dictatorship of King Alexander and the Rule of Law)

Author(s):Gordana Drakić
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Political history, Interwar Period (1920 - 1939)
Page Range:780-792
No. of Pages:13
Keywords:Kingdom of Serbs, Croats and Slovenes;Sixth January Dictatorship;Personal regime;Rule of law;Legal particularism;
Summary/Abstract:The period from 1918 to 1929 in the history of the Kingdom of Serbs, Croats and Slovenes was marked by numerous political and parliamentary crises that had a negative impact on the legislative work of the National Assembly. Various sociopolitical circumstances also rendered the legislative work in the first ten years of the existence of the Kingdom of Serbs, Croats and Slovenes inert and without significant success.After King Alexander set up his dictatorship on January 6, 1929, a time of huge legislative activity followed. One of the main goals of the new regime was equating the laws with the enforcement of new laws.During the dictatorship of King Alexander main characteristics of the rule of law such as constitutionality, the distribution and balance of power, civil rights, the permanence and immobility of judicial position were abolished. But on the other hand, this period in the history of Yugoslav state saw a vast legislative activity that has resulted in a series of laws of great importance.

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Дводомни систем као јемство правне државе у српској уставној историји

Дводомни систем као јемство правне државе у српској уставној историји
(Bicameral System as a Guarantee of Rule of Law in Serbian Constitutional History)

Author(s):Maša Kulauzov
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, History of Law, Governance, Political history
Page Range:793-801
No. of Pages:9
Keywords:Bicameral system;Senate;National Assembly;Legislation;Rule of law;Legality;Legal security;Separation of powers;
Summary/Abstract:The idea of introducing Senate in Serbian constitutional system app-eared in articles, constitutional drafts and committees in the second half of 19th century. However, bicameral National Representative Body was envisaged for the first time in the Constitution of the Kingdom of Serbia of 1901. Considering the fact that bicameral structure of National assembly had not been known in antecedent Serbian constitutional history, we could come to the conclusion that the authors of the Constitution relied on foreign models when introducing this novelty. That is the reason why the author of this paper points out to foreign influences on the Constitution.Although existence of two houses of legislature complicates legislative procedure, it also improves quality of legislative work and intellectual structure of National Representative Body. On the other hand, bicameral legislative body contributes considerably to realization of principles of the rule of law, such as legality, legal security and separation of powers. Due to advantages of bicameral over unicameral system, Serbian constitutions of 1869 and 1888 introduced some substitutes for upper house of legislature. These were one third of deputies appointed by knez in the Constitution of the Principality of Serbia of 1869, and two deputy candidates with university degree in each electoral unit and certain legislative power of State Council in the Constitution of the Kingdom of Serbia of 1888.

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Defensor civitatis (заштитник грађана) у Илирику

Defensor civitatis (заштитник грађана) у Илирику
(Defensor civitatis (Protector of Citizens) in Illyricum)

Author(s):Samir Aličić
Language:Serbian
Subject(s):History of Law
Page Range:802-816
No. of Pages:15
Keywords:Roman law;Dominate;Defensor civitatis;Ombudsman;Protector of citizens;
Summary/Abstract:This work is dedicated to late-roman institution called defensor civitatis (protector of citizens). It was a public official whose primary role was to protect citizens from abuses by both municipal (local) and state authorities, which influenced the development of modern institutes such as the Ombudsman and the like. The paper also draws attention to a little known fact that the institute was first established in Illyria, which roughly corresponds to today's Western Balkans, and the former Yugoslavia, from where it was later extended to the whole Empire. The author analyzes the circumstances and reasons for, and the way of creating the institution of defensor civitatis, and its further functioning.

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Правна држава према Земаљском уставу (Штатуту)

Правна држава према Земаљском уставу (Штатуту)
(Rule of Law in the Provincial Constitution (Statute) for Bosnia and Herzegovina)

Author(s):Sanja Savić
Language:Serbian
Subject(s):Constitutional Law, 19th Century
Page Range:817-829
No. of Pages:13
Keywords:Provincial constitution (Statute);Bosnia and Herzegovina;Austria-Hungary;Civil rights and freedoms;Parliament;
Summary/Abstract:During the second half of the nineteenth century Bosnia and Herzegovina went through many turbulent events. Finding itself in the sphere of interest of the Austro-Hungarian Monarchy it was originally occupied and then annexed by this power. Knowing that the annexation violated the pro-visions of the Berlin Treaty, Monarchy tried to justify this act with the need for enacting constitution for these provinces. Although it was promised during the annexation, two years passed before the Constitution of Bosnia and Herzegovina was actually adopted– in February 17, 1910. Together with the Constitution five organic laws were enacted: Electoral Law, Law on Parliamentary Procedure, Law on Associations, Law on Rallying and Law on Chambers of Districts. Therefore, the newly established constitutional order of Bosnia and Herzegovina was regulated by six legal acts. The Provincial Constitution of Bosnia and Herzegovina consists of a preamble and normative part. Within the normative part the contents are classified into three distinct parts, the first devoted to civil rights and the other two to the Parliament. Parliament consisted of two types of members: Members of Parliament elected by the people and members nominated according to their function or social position. Selection of members was carried out by complicated confessional-curial system. Jurisdiction of the Parliament was strongly limited for it could not interfere in issues which are of concern of Austria, Hungary or the whole of Monarchy. At the same time, the Parliament could not question colonial status of Bosnia and Herzegovina. On the other hand, issues within the jurisdiction of the Parliament could not be solved without consent of the authorities of Monarchy. Despite numerous shortcomings, the Provincial Constitution was a step forward in comparison to previously existing Austro-Hungarian absolutist regime.

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Разлози честог формирања ванредних судова у Србији 1839-1844

Разлози честог формирања ванредних судова у Србији 1839-1844
(The Reason Why Extraordinary Criminal Courts Were Often Established in Serbia 1839-1844)

Author(s):Uroš Stanković
Language:Serbian
Subject(s):History of Law, Constitutional Law, Criminal Law, 19th Century
Page Range:830-844
No. of Pages:15
Keywords:Extraordinary court;History of criminal proceedings in Serbia;The first rule of Mihailo Obrenović (1839-1842);Rule of the constitution;
Summary/Abstract:The article is intended to determine why extraordinary criminal courts were frequently established in Serbia in the period between 1839 and 1844. In aforementioned five-year period, eight extraordinary courts were set up. Besides, four other propositions had been put forward to constitute extra-ordinary court, but were rejected. Significant number of propositions for establishing extraordinary courts and significant numbers of extraordinary courts which were actually established requires an explanation as to why this unfavoured institution was to such an extent popular among Serbian governments of that time.The reasons for extraordinary courts appearing in many instances can be divided into two groups – official and unofficial. Official reasons are stated in the acts proposing constitution of extraordinary courts. Five of them were mentioned. Those are: multitude of co-perpetrators, offenders being domiciled in different districts, the nature of crime and expedition of trial where co-perpetrators were of different statuses (the military and civilians). Hardly ever would only one factor be stated as the reason for set-ting up an extraordinary court. Usually two of them appear among which nature of crime and expedition of trial are coupled most recurrently.Unofficial reasons comprise social and legal consciousness, under-development of the judiciary, political instability and desire to quell political opposition. The last-mentioned stands out as the unofficial reason of greatest significance.Which of two groups of reasons had prevailing influence over government to set up extraordinary courts? In order to answer that question, one must apply comparative method. In other words, it means that the presence of more constant, formal reasons in aforementioned five-year term should be compared with their occurrence in subsequent period. The comparison reveals that unofficial reasons predominate over official ones.

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Како до правне државе и владавине права

Како до правне државе и владавине права
(How to Achieve the Rule of Law)

Author(s):Branko Đerić
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence
Page Range:847-860
No. of Pages:14
Keywords:Democracy;Public Good;Development;Business environment;
Summary/Abstract:Credit Suisse recently published striking information on the gulf bet-ween rich and poor in the world. Half of the mankind owns less than 1 percent of the overall private property in the world, while 1 percent of the multimillionaires hold 46 percent of the financial assets of the world. An Australian foundation also published information on the modern slavery which shows that 880 thousand slaves live in the EU while 13.789 modern slaves live in Bosnia and Herzegovina (59th place on the list of 162 countries). It seems that longing for the rule of law has never been so strong and that at the same time the rule of law diminishes more and more every day. In this work, we advocate the idea that the state as a public good should prevail. We shall discuss the idea of a state as a public good as well as the necessary preconditions for the rule of law, with particular accent on economic recovery.

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ПДВ у Босни и Херцеговини: једна или више пореских стопа

ПДВ у Босни и Херцеговини: једна или више пореских стопа
(VAT in Bosnia and Herzegovina: One or More Tax Rates)

Author(s):Milan Tomić, Đorđe Marilović
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Law on Economics, Public Finances, Fiscal Politics / Budgeting
Page Range:861-870
No. of Pages:10
Keywords:Value added tax(VAT);Bosnia and Herzegovina;Taxation;Equity;Tax rate;
Summary/Abstract:Value added tax in Bosnia and Herzegovina (VAT in B&H) has its particularities when compared to VAT in any European state – the law on VAT in B&H has been adopted relatively lately and there is only one tax rate. Therefore, it has been subject of various debates, mostly concerning the need for introducing lower VAT rates.In this article, authors analyze advantages and disadvantages of the single tax rate (except for the zero rate), i.e. the standard tax rate. Political influence on the VAT design in Bosnia and Herzegovina is noticeable, and the interests of social groups which are particularly vulnerable to economic effects of VAT are neglected. The importance of VAT for the revenues of the Institutions of Bosnia and Herzegovina, B&H constituent entities, Federation of B&H (and its cantons) and Republika Srpska, or Brčko District of B&H can not be an excuse for the lack of reaction to VAT’s regressive effects. Authors, therefore, analyze possible solutions to this problem.There are three possible theoretical approaches to the problem: through the VAT system, through the tax system as a whole, and through wider socioeconomic system. Only the first option is reasonable, with regard to VAT in B&H. As a result of the complexity of B&H and the fact that only indirect taxes are introduced at B&H level, while Federation of B&H (and its cantons) and Republika Srpska, and Brčko District of B&H all have separate tax systems and fiscal policies (altogether, 14 tax systems), anything but the first option would have distortive effects. For this reason, authors come to conclusion that lower VAT rates should be introduced, which would lead to more equitable taxation.

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Подаци и информације у пореском поступку и правна сигурност у Републици Србији

Подаци и информације у пореском поступку и правна сигурност у Републици Србији
(Data and Information in the Tax Procedure and Legal Certainty In Republic of Serbia)

Author(s):Gordana Ilić-Popov
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence
Page Range:871-891
No. of Pages:21
Keywords:Commissioner for Information of Public Importance;Data protection;Data privacy;Legal Certainty;Official secrecy;Personal data;Tax information;Tax procedure;
Summary/Abstract:In the field of taxation data and information play a key role because they enable assessment of the tax liability, as well as collection of taxes. But it is very important to properly balance the relationship between the requirement for the provision of public funds and the need to protect the taxpayer’s interests. In this paper the author will point to data that are relevant for taxation, with special emphasis on the personal data of the taxpayer. However, the tax authority shall not demand information from the taxpayer which is not necessary for the determination of tax or tax control. Data in the tax procedure are considered to be confidential, so they are available only to the authorized persons participating in the tax procedure, tax infringement procedure or the criminal proceedings. Therefore, one of the main principles of the tax law derived from the constitutional principle of the rule of law is also the principle of confidentiality of tax information, established in the Serbian Law on Tax Procedure and Tax Administration as the principle of official secrecy in tax procedure. However, the author highlights that some data are not deemed confidential and their disclosure does not violate the above-mentioned principle. From the standpoint of the legal certainty in the Republic of Serbia, the author examines the legal obligation of the tax administration to quarterly publish information on tax liabilities of taxpayers on its website, having in mind also the relevant provisions of the non-tax laws, such as the Law on Personal Data Protection and the Law on Free Access to Information of Public Importance. Finally, the author concludes that, along with the development of modern information technologies, the possibilities of data abuse and violation of taxpayer’s privacy have significantly increased. Hence, she points out the necessity of the physical data protection. In case when tax officer publishes data which are the official secret, thus causing damage to the taxpayer, he can achieve legal protection in the court proceedings. In addition, one should not neglect the role of the Commissioner for Information of Public Importance and Personal Data Protection, who supervises the implementation of data protection.

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Порез на доходак физичких лица у светлу фискалне децентрализације

Порез на доходак физичких лица у светлу фискалне децентрализације
(Personal Income Tax in the Light of Fiscal Decentralization)

Author(s):Suzana Dimić
Language:Serbian
Subject(s):Law on Economics, Public Finances, Fiscal Politics / Budgeting
Page Range:892-902
No. of Pages:11
Keywords:Decentralization;Personal income tax(PIT);Surtax;
Summary/Abstract:Looking at international taxing practice, the observed assignment of tax powers to local and regional governments seems to comply only partially with the recommendations of theory: although almost everywhere local governments collect taxes on property and central governments collects most income taxes, in some countries income taxes are a considerable source of revenue for local governments, given the large financial resources for devolution of public functions they can provide.In most federations and regional governments such taxes take the form of surtax on the national tax base.

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Непосредно дејство права Европске уније у правним системима

Непосредно дејство права Европске уније у правним системима
(Direct Effects of European Union Law in the Legal Systems of Member States)

Author(s):Zoran Radivojević
Language:Serbian
Subject(s):EU-Legislation
Page Range:905-924
No. of Pages:20
Keywords:Direct application;Direct effect;Vertical effect;Horizontal effect;International treaties;Regulations;Decisions;Directives
Summary/Abstract:The founding treaties of the European Union do not recognize the notion of direct effect, but only direct application, which is specifically related to regulations as specific and the most important type of EU legal acts. Direct effect is nowadays a widely accepted principle of European Union law, despite the fact that it is not explicitly mentioned. As a creation of the Court of Justice, this principle defines that provisions of EU law directly create rights and obligations for natural and legal persons in Member States which can be lawfully invoked before national authorities and courts. At the same time, it bounds the courts of Member States to apply the norm referred to by the individual subject, and so ensure the realization of this right.The Court of Justice of the EU at first only recognized direct effect to provisions of the founding treaties, but later on it extended the scope of application of this principle in several directions. Thus, provisions contained in other international treaties, which constitute primary sources of EU law, were also recognized as to having direct effect. These inter-national treaties, which the Union concludes on grounds of its contractual capacity, are ones concluded with non-member states or other international organizations.Furthermore, the case law began to distinguish two types of legal issues that arose regarding the direct effect of provisions of international treaties. The Court of Justice initially recognized that individual subjects can only refer to their subjective rights established by these provisions in respect to (versus) a Member State. This is the so-called vertical direct effect whereby the individual is opposed to the state government. After-wards, the Court of Justice accepted the so-called horizontal direct effect of contractual provisions, which is the possibility that an individual can call upon provisions of an international treaty which stipulates duties of another individual subject for the protection of their individual rights, be-fore a national authority or court. Finally, parallel with the expansion of treaty provisions that have direct effect, the jurisprudence confirmed that other sources of EU law may also have this type of effect. The Court of Justice included the norms contained in so-called secondary legislation, which is provisions of regulations, decisions and directives issued by the EU institutions, to the set of legal rules with direct effect

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Mir i međunarodno pravo

Mir i međunarodno pravo
(Peace and International Law)

Author(s):Boris Krivokapić
Language:Serbian
Subject(s):International Law, Peace and Conflict Studies
Page Range:925-954
No. of Pages:30
Keywords:Peace;Aggression;Peacful settlement of disputes;Organization of United Nations
Summary/Abstract:The paper has three main parts. In the first, introductory, part the author deals with the definition of peace, especially the world peace.The second part is dedicated to providing the preconditions for a lasting world peace. It can be ensured only if certain conditions have been previously met. Some of them are related to the legal regulation of the relevant issues, and others to factual issues. These are: 1) legal prohibition of force and threats of force, 2) the existence of the legal definition of aggression, 3) designation of international crime of aggression, 4) designation of the obligation of peaceful settlement of international disputes, 5) an effective system of collective measures against any potential aggressor (collective security), 6) disarmament, 7) development of a peace culture. The author dedicates his attention to each of these problems.In the third part, the author presents the main conclusions. He notes that all of the previously discussed moments are only prerequisites for ensuring world peace – they are necessary but not sufficient. In other words, each of them separately or even together still do not guarantee peace.Referring to the fact that we have witnessed that the use of various forms of the armed force has still not been eradicated in international relations, the author raises the question why this is so, and why UN collective security has proven to be rather ineffective.According to him, there are several reasons, including the top three – the Cold War, nuclear weapons and the subjective factor. Finally, the author concludes that, generally speaking, a stable international peace can not be ensured without a corresponding contribution from international law and that in fact international law really gave a great contribution to inter-national peace in various ways. However, he also notes that the law may be ideal, perfect, and still in practice there can be violence, lawlessness etc. This suggests that the war, unfortunately, will be a reality for a long time to come. Thus there is still a very important part of the international law called the Law of Armed Conflicts (Law of War and Humanitarian Law) which governs relations during the hostilities, so that this somewhat limits the means and methods of warfare, and provides the most necessary protection to certain categories of persons and objects.

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Компаративна анализа система заштите људских права у регионима

Компаративна анализа система заштите људских права у регионима
(Comparative Analysis of the Systems for Protection of Human Rights in the Regions)

Author(s):Sanja Kreštalica
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Page Range:955-981
No. of Pages:27
Keywords:Human rights;European Convention on Human Rights;American Convention on Human Rights;African Charter on Human and People's Rights;Asian system;
Summary/Abstract:The aim of the paper is to highlight the current situation in the field of human rights in all regions of the world, especially by analyzing and com-paring the basic instruments adopted in each of them. The general conclusion is that the universality of human rights is not questioned by strengthening mechanisms for regional security. Quite the contrary, we believe that the current position of human rights in certain parts of the world, due to various political, economic or social factors demands commitment of universal, as well as regional and national mechanisms, which could lead to a favorable outcome only in coordination with each other.In the first part of the paper, author gave brief analysis of the mayor instruments in the field of human rights adopted in Europe, America and Africa. Likewise, the author devoted a considerable attention to the region of Asia, which lacks a developed system on the regional level, but shows significant steps towards the advancing of the sub-regional mechanisms. The central part of the paper is related to the comparison of the regional systems on the substantive and procedural level. In order to highlight one of the differences in the substantive aspect of the protection of human rights, the author analyzed the provisions on the right to life as a basic human right. On the other hand, the differences and similarities bet-ween the regional systems of human rights protection are especially visible in the procedural aspects of protection or in part concerning the jurisdiction and functioning of the mechanisms established by the above-mentioned instruments. Given the fact that we put the emphasis on the efficiency of the protection of individual rights, the author pointed out to the provisions on the right of individual access to regional institutions since the right of individual petition is "the cornerstone of the international protection of human rights".The general conclusion is that regional human rights protection systems do not operate in isolation, but in coordination with each other. However, the permeation of the provisions of regional and universal instruments should not be seen as a threat to any of the systems or as the reduction of the effectiveness of the various mechanisms, but only as a step toward complete protection of individual rights. In the near future we expect serious engagement of Asian countries to establish a sub-regional, if not regional, human rights protection system, modeled on existing European, American and African systems.

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Преображаји правне државе и владавине права

Преображаји правне државе и владавине права (Transformations of the Rule of Law)

Antidiskriminaciono zakonodavstvo kao novum u pravnom sistemu u kontekstu pravne države i vladavine prava. Uloga poslanika u reiranju sadržaja zakona

Владавина права и пракса Уставног суда Босне и Херцеговине

Владавина права и пракса Уставног суда Босне и Херцеговине (The Rule of Law and the Case Law of the Constitutional Court of Bosnia and Herzegovina)

Моћ органа извршне власти и остварење правне државе - нормативно и стварно

Моћ органа извршне власти и остварење правне државе - нормативно и стварно (The Power of the Executive and Realization of the Rule of Law - de iure and de facto)

Мандат судија Уставног суда Републике Српске

Мандат судија Уставног суда Републике Српске (Mandate of the Judges of the Constitutional Court of Republic of Srpska)

Pravna država i vladavina prava u kontekstu tranzicije pravne vrijednosti u tranzicijskoj stvarnosti

Pravna država i vladavina prava u kontekstu tranzicije pravne vrijednosti u tranzicijskoj stvarnosti (Legal State and the Rule of Law in the Context of Transition -Legal Values in the Reality of Transition)

Развој идеје владавине права и промјена устава као предуслов европских интеграција (примјер Црне Горе)

Правна држава - услов укључивања у европске интеграције

Правна држава - услов укључивања у европске интеграције (State of Rule of Law - Condition for Joining the European Integrations)

О "функцијама" уставног суда које нису непосредно записане у уставу

О "функцијама" уставног суда које нису непосредно записане у уставу (On the implicit "Functions" of the Constitutional Court)

Владавина права и институтционалне претпоставке независности судства у Србији

Владавина права и институтционалне претпоставке независности судства у Србији (The Rule of Law and the Institutional Presupposition of Independence of the Judiciary in the Republic of Serbia)

О односу еколошких права и политике

О односу еколошких права и политике (About Relationship Between Environmental Rights and Policy)

Реформа управног поступка

Реформа управног поступка (Reform of Administrative Procedure)

Uticaj EU integracija na samostalnost-zavisnost domaće legislative (poseban osvrt na upravno pravo)

Uticaj EU integracija na samostalnost-zavisnost domaće legislative (poseban osvrt na upravno pravo) (Influence of European Integration on (In)Dependence of National Legislation (Particular Case of the Administrative Law))

Концепт лидерства у јавној и локалној управи. CAF модел - заштита права грађана

Концепт лидерства у јавној и локалној управи. CAF модел - заштита права грађана (Concept of Leadership in Public and Local Government. CAF Model - the Protection of Citizen's Rights)

Значај карактера изборних листа за остваривање бирачког права

Значај карактера изборних листа за остваривање бирачког права (Importance of Electoral Lists in Exercizing the rights to Vote)

Смисао и циљ става о поштовању "територијалног интегритета Косова" у извештају Европске комисије о напретку Србије за 2012. годину

Narodni suverenitet i princip vladavine prava u savremenoj državi naciji sa posebnim osvrtom na Bosnu i Hercegovinu

Narodni suverenitet i princip vladavine prava u savremenoj državi naciji sa posebnim osvrtom na Bosnu i Hercegovinu (People's Sovereignty and the Rule of Law in the Modern State With Particular Review of the Case of Bosnia and Herzegovina)

Наставни садржаји који могу угрозити слободу вере

Наставни садржаји који могу угрозити слободу вере (Educational Content that May Endanger Religious Freedom)

Vladavina prava i ovlašćenja ombudsmana

Vladavina prava i ovlašćenja ombudsmana (Rule of Law and Competences of the Ombudsman)

Принцип ефикасности у грађанском судском поступку и владавини права

Принцип ефикасности у грађанском судском поступку и владавини права (Principle of Efficiency in Civil Court Proceedings and the Rule of Law)

Ovlašćenje ili dužnost stranaka da raspravljaju pred sudom. Posledice pasivnosti stranaka u parničnom postupku

Ovlašćenje ili dužnost stranaka da raspravljaju pred sudom. Posledice pasivnosti stranaka u parničnom postupku (Power or Obligation of the Parties to Argue Before the Court)

Кодификација грађанског права као допринос владавини права

Кодификација грађанског права као допринос владавини права (Codification of Civil Law as Contribution to the Rule of Law)

Vladavina prava i pomorsko pravo u eri globalizacije

Vladavina prava i pomorsko pravo u eri globalizacije (Rule of Law and Maritime Law in the Era of Globalization)

Пословно удружење као посебан правноорганизациони облик у праву Републике Србије

Пословно удружење као посебан правноорганизациони облик у праву Републике Србије (Business Association as Distinct Legal-organizational Form in the Law of the Republic of Serbia)

Ostvarivanje prava na izdržavanje - (ne) moć države

Ostvarivanje prava na izdržavanje - (ne) moć države (Realization of the Right to Custody - (In) efficacy of the State)

Споразумна диоба у браку стечене имовине (de lege lata и de lege ferenda)

Споразумна диоба у браку стечене имовине (de lege lata и de lege ferenda) (Amicable Division of Property Acquired in Marriage (de lege lata and de lege ferenda))

Остварување на принципот на владеење на правото во граганскоправните односи

Остварување на принципот на владеење на правото во граганскоправните односи (Realization of the Principle of the Rule of Law in Civil Law Relations)

Владавина права у наследном и породичном праву

Владавина права у наследном и породичном праву (The Rule of Law in Inheritance and Family Law)

Кодификација на Семејното право во Република Македонија

Кодификација на Семејното право во Република Македонија (Codification of the Family Law in the Republic of Macedonia)

Ризик као основни елемент осигурања

Ризик као основни елемент осигурања (Risk as a Basic Element of Insurance)

Поступак у парницама за објављивање исправке неистините, непотпуне или нетачно пренете информације

Правни значај преноса права интелектуалне својине код уговора о франшизингу

Правни значај преноса права интелектуалне својине код уговора о франшизингу (Legal Significance of the Transfer of Intellectual Property Rights in Franchise Agreements)

Својина Манастира Високи Дечани - голгота или заштита?

Својина Манастира Високи Дечани - голгота или заштита? (Property of the Serbian Orthodox Church Monastery High Decani - Suffering or Protection?)

Заштита од клевете

Заштита од клевете (Protection Against Defamation)

Потпис завјештаоца на писаном завјештању пред свједоцима

Потпис завјештаоца на писаном завјештању пред свједоцима (Testator's Signature on Witnessed Will)

Принцип конкуренције у закону о јавним набавкама БиХ, наспрам института реорганизације стечајног дужника

Razvoj prava deteta u međunarodnom pravu tokom XX veka

Razvoj prava deteta u međunarodnom pravu tokom XX veka (Development of Children's Rights in International Law During the 21st Century)

Стадијуми у извршењу кривичног дела

Стадијуми у извршењу кривичног дела (Phases in the Process of Committing a Criminal Offense)

Kazna maloljetničkog zatvora

Kazna maloljetničkog zatvora (Juvenile Imprisonment)

Извршење казне затвора у Републици Србији - скромни домети и нужност суштинских реформи

Извршење казне затвора у Републици Србији - скромни домети и нужност суштинских реформи (Execution of Prison Sentence in the Republic of Serbia - Modest Achievement and the Necessity of Essential Reforms)

Pritvor u svjetlu Ustava i Zakonika o krivičnom postupku Crne Gore

Pritvor u svjetlu Ustava i Zakonika o krivičnom postupku Crne Gore (Detention in the Light of the Constitution of Montenegro and the Law on Criminal Procedure)

Акузаторски кривични поступак и начело акузаторности у ЗКП-у Републике Српске

Акузаторски кривични поступак и начело акузаторности у ЗКП-у Републике Српске (Adversarial Criminal Procedure and Principle of Adversarity in Criminal Proceeding of Republic of Srpska)

Непријављивљње кривичног дјела или учиниоца

Преображаји правне државе и владавине права
(Transformations of the Rule of Law)

Владавина права и пракса Уставног суда Босне и Херцеговине
(The Rule of Law and the Case Law of the Constitutional Court of Bosnia and Herzegovina)

Моћ органа извршне власти и остварење правне државе - нормативно и стварно
(The Power of the Executive and Realization of the Rule of Law - de iure and de facto)

Мандат судија Уставног суда Републике Српске
(Mandate of the Judges of the Constitutional Court of Republic of Srpska)

Pravna država i vladavina prava u kontekstu tranzicije pravne vrijednosti u tranzicijskoj stvarnosti
(Legal State and the Rule of Law in the Context of Transition -Legal Values in the Reality of Transition)

Правна држава - услов укључивања у европске интеграције
(State of Rule of Law - Condition for Joining the European Integrations)

О "функцијама" уставног суда које нису непосредно записане у уставу
(On the implicit "Functions" of the Constitutional Court)

Владавина права и институтционалне претпоставке независности судства у Србији
(The Rule of Law and the Institutional Presupposition of Independence of the Judiciary in the Republic of Serbia)

О односу еколошких права и политике
(About Relationship Between Environmental Rights and Policy)

Реформа управног поступка
(Reform of Administrative Procedure)

Uticaj EU integracija na samostalnost-zavisnost domaće legislative (poseban osvrt na upravno pravo)
(Influence of European Integration on (In)Dependence of National Legislation (Particular Case of the Administrative Law))

Концепт лидерства у јавној и локалној управи. CAF модел - заштита права грађана
(Concept of Leadership in Public and Local Government. CAF Model - the Protection of Citizen's Rights)

Значај карактера изборних листа за остваривање бирачког права
(Importance of Electoral Lists in Exercizing the rights to Vote)

Narodni suverenitet i princip vladavine prava u savremenoj državi naciji sa posebnim osvrtom na Bosnu i Hercegovinu
(People's Sovereignty and the Rule of Law in the Modern State With Particular Review of the Case of Bosnia and Herzegovina)

Наставни садржаји који могу угрозити слободу вере
(Educational Content that May Endanger Religious Freedom)

Vladavina prava i ovlašćenja ombudsmana
(Rule of Law and Competences of the Ombudsman)

Принцип ефикасности у грађанском судском поступку и владавини права
(Principle of Efficiency in Civil Court Proceedings and the Rule of Law)

Ovlašćenje ili dužnost stranaka da raspravljaju pred sudom. Posledice pasivnosti stranaka u parničnom postupku
(Power or Obligation of the Parties to Argue Before the Court)

Кодификација грађанског права као допринос владавини права
(Codification of Civil Law as Contribution to the Rule of Law)

Vladavina prava i pomorsko pravo u eri globalizacije
(Rule of Law and Maritime Law in the Era of Globalization)

Пословно удружење као посебан правноорганизациони облик у праву Републике Србије
(Business Association as Distinct Legal-organizational Form in the Law of the Republic of Serbia)

Ostvarivanje prava na izdržavanje - (ne) moć države
(Realization of the Right to Custody - (In) efficacy of the State)

Споразумна диоба у браку стечене имовине (de lege lata и de lege ferenda)
(Amicable Division of Property Acquired in Marriage (de lege lata and de lege ferenda))

Остварување на принципот на владеење на правото во граганскоправните односи
(Realization of the Principle of the Rule of Law in Civil Law Relations)

Владавина права у наследном и породичном праву
(The Rule of Law in Inheritance and Family Law)

Кодификација на Семејното право во Република Македонија
(Codification of the Family Law in the Republic of Macedonia)

Ризик као основни елемент осигурања
(Risk as a Basic Element of Insurance)

Правни значај преноса права интелектуалне својине код уговора о франшизингу
(Legal Significance of the Transfer of Intellectual Property Rights in Franchise Agreements)

Својина Манастира Високи Дечани - голгота или заштита?
(Property of the Serbian Orthodox Church Monastery High Decani - Suffering or Protection?)

Заштита од клевете
(Protection Against Defamation)

Потпис завјештаоца на писаном завјештању пред свједоцима
(Testator's Signature on Witnessed Will)

Razvoj prava deteta u međunarodnom pravu tokom XX veka
(Development of Children's Rights in International Law During the 21st Century)

Стадијуми у извршењу кривичног дела
(Phases in the Process of Committing a Criminal Offense)

Kazna maloljetničkog zatvora
(Juvenile Imprisonment)

Извршење казне затвора у Републици Србији - скромни домети и нужност суштинских реформи
(Execution of Prison Sentence in the Republic of Serbia - Modest Achievement and the Necessity of Essential Reforms)

Pritvor u svjetlu Ustava i Zakonika o krivičnom postupku Crne Gore
(Detention in the Light of the Constitution of Montenegro and the Law on Criminal Procedure)

Акузаторски кривични поступак и начело акузаторности у ЗКП-у Републике Српске
(Adversarial Criminal Procedure and Principle of Adversarity in Criminal Proceeding of Republic of Srpska)

Непријављивљње кривичног дјела или учиниоца
(Failure to Report the Crime or the Offender)

Принцип екстрадибилности у екстрадиционом поступку
(The Principle of Extradibility in Extradition Proceedings)

Зачеци правне државе у устаничкој Србији
(The Beginnings of the Rule of Law in Serbia During the First Uprising (1804-1813))

Шестојануарска диктатура и правна држава
(The Dictatorship of King Alexander and the Rule of Law)

Дводомни систем као јемство правне државе у српској уставној историји
(Bicameral System as a Guarantee of Rule of Law in Serbian Constitutional History)

Defensor civitatis (заштитник грађана) у Илирику
(Defensor civitatis (Protector of Citizens) in Illyricum)

Правна држава према Земаљском уставу (Штатуту)
(Rule of Law in the Provincial Constitution (Statute) for Bosnia and Herzegovina)

Разлози честог формирања ванредних судова у Србији 1839-1844
(The Reason Why Extraordinary Criminal Courts Were Often Established in Serbia 1839-1844)

Како до правне државе и владавине права
(How to Achieve the Rule of Law)

ПДВ у Босни и Херцеговини: једна или више пореских стопа
(VAT in Bosnia and Herzegovina: One or More Tax Rates)

Подаци и информације у пореском поступку и правна сигурност у Републици Србији
(Data and Information in the Tax Procedure and Legal Certainty In Republic of Serbia)

Порез на доходак физичких лица у светлу фискалне децентрализације
(Personal Income Tax in the Light of Fiscal Decentralization)

Непосредно дејство права Европске уније у правним системима
(Direct Effects of European Union Law in the Legal Systems of Member States)

Mir i međunarodno pravo
(Peace and International Law)

Компаративна анализа система заштите људских права у регионима
(Comparative Analysis of the Systems for Protection of Human Rights in the Regions)