Suchergebnisse

In this paper, we focus on terrorism through the criminal legislation of Bosnia and Herzegovina. In the existing scientific fund, professional literature, various organizations, institutions, political entities, there is not a sufficient degree of agreement to be able to form a court that there is, in general, a generally accepted definition of terrorism. On the other hand, given the various activities and actions, results, effects and consequences of terrorist organizations and terrorists, we must state that there is a very high degree of agreement, that terrorism is one of the biggest security and security threats today. The growing increase in terrorist actions and threats has led to the implementation of new legislative norms in order to better counter terrorism. Organized crime at the international level and terrorist activities increasingly require the connection of states, international organizations through Conventions, Resolutions or Laws. Terrorism acts ambivalently and as a threat to the stability of society, states and their development on a global level. The expansion of terrorism over time has surprised many organizations, institutions, whose goal is to preserve security, where the need for reforms has arisen. Through the laws in Bosnia and Herzegovina, we will see how the legislator has solved the issue of terrorism and what are the consequences for those who do not adhere to them.

The aim of this work is to shed light on the relations between the principles, those which present the basis of dominant theories of global justice, and states without a clear legitimity basis and in a process of democratization. A premise is that a global society does not have an absolute responsibility for the results achieved in overcoming internal injustices by the aforementioned states. Non-transparency of global conditions, necessary for the development of the mentioned processes, hinders the states in a process of development of long lasting stability basis. Therefore, those states are captured in a condition of permanent incompleteness. Moreover, here we highlight a position of an individual. The individual is defined as a potential subject of global processes, as well as a member of certain political communities. This definition includes their political capacity to achieve self-defined demand for justice. Considering Serbia's positioning within the frame of debates about global justice, 5th of October 2000 has been defined as a crucial moment. .

The ultimate goal of game theory is to provide a theoretical model for strategic situations' analysis, i.e. for situations where one actor's choice depends on the behavior of other players in the game. As a concept, game theory is also applicable to the legal context. Legal dialectics and processes are often conducted in some form of strategic interactions. Game theory is a way to see how legal rules affect particular actors' behavior. International Economic Law has its own dynamics which makes the process similar to the analysis through the game theoretical tools. Therefore, the rules of international law are considered as the rules of the game that are taking place among different actors. Game theoretical considerations clarify the substance of the interaction and cooperation of players involved (states, international organizations and other actors). Game theory provides a basis for normative analysis of the issue of implementation of the rules of international law and improves understanding of those rules. The topic of the paper is the application of the game theory in the context of the legal framework established by the World Trade Organization. The member states' dilemma between using the advantages and liberalization options provided by the WTO on the one hand, and joining the regional trade agreements, on the other one, is strategic by nature. Therefore, game theory can contribute to understanding and resolving, using the game of 'prisoner's dilemma' as a model. It is the game which clearly shows that a group of rational egoists can end up worse than a group of actors that acts prima facie contrary to their own interests. 'Prisoner's dilemma' demonstrates why society and law has the need for coordination as well as mechanisms for co-operation. WTO member states put emphasis on the process of liberalization conducted in the framework of regional trade agreements (RTAs); at the same time, their participation in WTO negotiations is not effective and efficient enough to make a breakthrough in the multilateral framework. A solution of the game for Member States is not to cooperate: i. e, liberalization is primarily achieved through regional agreements rather than within the WTO. The rational decision of the Member States (opting for a regional approach) has resulted in a suboptimal result, which is a basic characteristic of the game model based on a prisoner's dilemma: in this case, the optimal solution would be cooperation through a multilateral framework (World Trade Organization).

Корупција представља једну од најважнијих тема међународне политике сузбијања криминалитета. Управо нас она упућује, заједно са савременим облицима коруптивног деловања, на потребу увођења одговорности правних лица за дела корупције. Дуго година владајућа максима societas delinquere non potest, која је одбацивала идеју о кривичној одговорности правних лица, у савременом кривичном законодавству је доведена у питање. О неопходности законског уређења проблематике одговорности правних лица за кривична дела говоре многобројни међународни документи које је наша земља ратификовала и на тај начин преузела обавезу имплементације норми међународног права. Овом приликом проблематизујемо питање које се односи на одговорност правних лица за кривична дела и кривичноправно сузбијање корупције. На овом месту размотрићемо да ли је потребно да се говори о кривичној одговорности правних лица, или је примереније терминолошки и са становишта теорије говорити о казненој одговорности правних лица. ; Corruption is considered a social problem not only in Serbia. This phenomenon is given more and more attention at the international level as well. This primarily means coordinated efforts in opposing this obstacle and threat to the development of every country. It is surprising how material-criminal legal norms were narrowly determined in the field of one of the most important topics of international and national policy of crime suppression. For decades, and particularly thanks to sensations of the last years, the practitioners, especially those in the field of judiciary and police, have been warning of corruption and the need of its suppression and limiting. The connection between corruption and organized crime has intensified even more the discussions on counter measures that could be incorporated into the existing laws and remove their weaknesses. Every country should undertake a number of measures and activities in the field of battle against corruption taking into account the international standards in this field. These measures may be of preventive or repressive character. This paper deals with criminal legal intervention that represents ultima ratio, i.e. the last resort that should not be used until all other means and manners to protect someone have been exhausted. Our legislator has responded in the meantime, removed the most important flaws that distort the picture about our criminal legal regulations and incriminated corruptive behaviour, taking into account at that the obligations undertaken based on international conventions. Very delicate field of the responsibility of legal persons for criminal act remains unregulated. In this paper we point out to the need and state the reasons, with parallel study of the achieved solutions in some countries and Anglo-Saxon and continental legal culture, why the issue of responsibilities of legal persons for acts of corruption and even more widely should be regulated by a separate law.

Political parties are an indispensable factor in any modern parliamentary democracy. It would be impossible to parliamentary democracy to function properly without them. Political parties are a constitutional category and they have to act in accordance with constitution, but due to their importance it is already observed that sometimes they go beyond constitution. Each country should find its own way in order to face that challenge. Germany is a good example for that, by giving political parties the freedom to act on the basis of the provisions of the Basic Law, but with the care that the entire system does not endanger itself. That could be seen in three examples. First example is the relationship between the parliamentary group as the emanation of political parties in parliament and deputies. Second example is banning of anti-constitutional political parties. Third example is the election process of judges of the Constitutional Court. The paper concludes that it is necessary to find an ideal formula for the freedom of their actions, according to which political parties are allowed to perform any action that is beneficial to the constitutional order, while not all of them are forbidden, but only the actions that have a devastating effect on the system as a whole.