Завештање представља пример утицаја законских прописа на комплекс обичајног права. Такав правац утицаја није неуобичајан, али је свакако ређи у односу на утицај обичајног на грађанско право, поготово ако посматрамо њихову интеракцију код наслеђивања. Стога настојим да објасни овај пример правне осмозе, и то на нивоу праксе. Међутим, то није једини циљ овог рада. Наиме, пракса показује да код тестаменталног наслеђивања долази и до утицаја обичајног права на легислатуру. Подстакнута поменутим сазнањима, проблематизујем питање природе односа обичајног и грађанског права, са намером да укажем на неке од проблема који се јављају код наслеђивања, како на нивоу појединца тако и на нивоу друштва. ; Bequeath, a dispose of personal property by the last will is an example of intervention of legislation within the complex of customary law. This influence is not unusual but certainly is less frequent than the influence of customary into civil law, especially so in their interaction within inheritance. This paper therefore tries to explain this example of legal osmosis in practice. In addition, the practice in testament inheritance shows also an influence of customary law into legislation. Hence, the paper will also try to discuss a relationship between customary and civil laws and succeeding problems in inheritance at the levels of individual and that of the society.
From the very beginning the steps towards unification of European countries have been founded on the personal incentives of politicians, but not on broad democratic agreement of the people. That method has never been abandoned: even the huge administrative apparatus in Brussels that makes important decisions without any democratic control could be seen as natural consequence of such praxis. It is just because of such political behaviour where important political documents and decisions are made out of the eyes of the public, which the great political incentives, such as referendum on the European Constitution, have failed. If we ask ourselves where it has gone wrong the possible answer is that EU has been made according the needs of the rich and mighty countries. The states that are located on the periphery of EU have no political influence on the main decisions, and cannot decide about their own economic development. They are simply forced to adapt ourselves to the interests of the most advanced. But the protests all over EU show that the general economic concept of the EU is wrong and that it will generate crises in the long run.
The paper analyzes the strategic documents that the Government Serbia adopted in the period from 2008 through 2011, from the point of the extent to which basic ideas and principles of sustainable development are present in those strategies. By adopting the National Strategy for Sustainable Development in 2008 the Republic of Serbia has accepted that sustainable development becomes its permanent development orientation and of course one of the prerequisites for entry into the family of modern European states. However, given the symbolist, traditional and declarative approach to the concept of sustainable development, it can be established that most the adopted strategic documents, that is, national strategies are not essentially, but only formally, in line with the National Strategy for Sustainable Development. The reasons are certainly found in the fact that the state, that is, the administrative structure, did not understand the essence of sustainable development and the opportunities it provides. Although the idea of sustainable development should be approached from a critical standpoint, there is no doubt that by its political ignorance in the politics of the Serbian government it loses the necessary and costly time needed to strengthen the process of modernization and ecologisation of the society in Serbia.
The central question in teaching the subject of confidential information is to define the borderline between the citizens' interest in learning certain information ("the right to know") and the general interest of keeping certain information confidential - in a word, between the justifiable and unjustifiable secrets. This is an area which includes parts of administrative and public media law and the theory of public law. This paper is limited to the analysis of the issue of the classified information in state possession (state, military and official secret) on three levels: theoretical, comparative and on the level of Croatian legislation. The essential elements of the theoretical concept of confidentiality are: the possession of the information kept secret from others; deliberate concealment; social context. A secret can have different forms: strategic, private, pressing, sequential, collective, petty, deep, simple, exploited and as conspiratorial as a plot. The theoretical analysis of confidentiality deals with the questions of contemporary forms of the manipulation of information (defining agendas and priorities, "quantitative overload", lobbying) and with the generic issue of the process of decision-making, lies and halftruths. In the end, the author offers certain elements for the legislation regarding classified information. (SOI : PM: S. 197)
At the end of 2012 and the beginning of 2013, the Serbian Government issued the new national regulations in order to provide an acceptable legislation framework to achieve 2020 targets of 27% increase of total renewable energy sources share in the gross final energy consumption, relative to 2009. The target of a 37% increase relates to participation of renewable energy sources in electricity production. It requires construction of new significant capacities of renewable energy power plants as clearly defined in the National Action Plan for Renewable Energy Sources.This paper comprises critical analyses of targeted new installed capacity of renewable energy power plants for electricity production from different point of views, such as: new national energy policy, new national regulations, renewable energy sources potential in Serbia, efficiency of power plants and the investment financial models.According to the new national energy policy identified in the National Action Plan for Renewable Energy Sources, it is concluded that the new regulations related to the construction of new renewable energy power plants is completed, particularly concerning the investment security, provision of green electricity market, status of green electricity producer, and significant reduction of time for administrative procedures required to obtain a building permit. Particularly, the real wind potential in Serbia, based on the measured data over the past ten years of measurement campaigns at more than thirty locations, has been used to correct the targeted installed capacity of wind power plants. ; At the end of 2012 and the beginning of 2013, the Serbian Government issued the new national regulations in order to provide an acceptable legislation framework to achieve 2020 targets of 27% increase of total renewable energy sources share in the gross final energy consumption, relative to 2009. The target of a 37% increase relates to participation of renewable energy sources in electricity production. It requires construction of new significant capacities of renewable energy power plants as clearly defined in the National Action Plan for Renewable Energy Sources.This paper comprises critical analyses of targeted new installed capacity of renewable energy power plants for electricity production from different point of views, such as: new national energy policy, new national regulations, renewable energy sources potential in Serbia, efficiency of power plants and the investment financial models.According to the new national energy policy identified in the National Action Plan for Renewable Energy Sources, it is concluded that the new regulations related to the construction of new renewable energy power plants is completed, particularly concerning the investment security, provision of green electricity market, status of green electricity producer, and significant reduction of time for administrative procedures required to obtain a building permit. Particularly, the real wind potential in Serbia, based on the measured data over the past ten years of measurement campaigns at more than thirty locations, has been used to correct the targeted installed capacity of wind power plants.
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.
After the termination of war confrontations, on the basis of the UN Security Council Decision, a protectorate had been established in Kosovo and Metohia, including the engagement of international security and civil forces. The order of interim administration ended in 2008, when the self-proclaimed Kosovo assembly adopted the decision on declaration of independence from the Republic of Serbia, and the process of administrative mandate transfer started from international to local institutions. In the paper, first of all, general performances of social and political life were delineated, and then the complex architecture of security forces active there during previous eleven years was presented. Also, all the most important problems Kosovo and Metohia faces are enumerated. The post-war Kosovo and Metohia may be characterized as a society in disorganization. The old system of institutions was destroyed, and a new one has not been established. The number of Serbs is decreasing, and local Albanians have not maturated for a self-administration of the newly established state. The further maintenance of this circumstances or even its deterioration might move towards social riots, caused by the bad living conditions, large unemployment, impoverishment of significant social groups or the escalation of attacks at remaining non-Albanian population, which could induce serious security threats in the region.
The aim of the research was to determine the effects of globalization on the international business Serbia, as well as the contribution of FDI to the current socio-economic development of Serbia in the process of joining the European Union and anticipating numerous challenges. The entire research is based on the simultaneous use of different methods of qualitative and quantitative analysis, and synthesis and comparison. Analysis of the situation in the domestic economy, it was concluded that met only some of the prerequisites for a higher level of foreign direct investment because foreign direct investments in Serbia have not yielded the expected results. The results show that the process of priva-tization contributed to the revival of several forms of investment: domestic investors, foreign direct investment, loans and capital mar-kets. To unapredula and improve the investment climate, it is necessary to remove administrative barriers to foreign investment through amen-dments to existing legislation, the establishment and strengthening of relevant institutions, as well as the further development of infrastructu-re. With this in mind it is necessary to develop new comparative advan-tages in exports, based on technological modernization of the economy and improving the concept of education, management and organizatio-nal knowledge and experience. The results provide the identification of all the advantages and disadvantages inherent in the globalization of the economy and foreign direct investment.
The situation in Kosovo up to 1999, and all attempts which failed in order to find a just and lasting solution for that problem, have fully justified the above criteria for a lawful humanitarian intervention which was undertaken by the NATO forces against the territory of the Federal Republic of Yugoslavia. It seems, however, that the responsible persons in the NATO were not aware of the competence of the International Criminal Tribunal for the former Yugoslavia to investigate to prosecute persons responsible for use of prohibited arms and for destruction of some objects. Some of these unlawful acts constitute grave breaches of the 1959 Geneva Conventions and violations of laws and customs of war. In these circumstances it is the legal duty of the Prosecutor to undertake an investigation. In case that he fails in his duty, there are no statutory limits in respect of the crimes provided in the Statute of the Tribunal. (SOI : SOEU: S. 98f.) + Most legal writers in their writings confuse notions of humanitarian intervention, intervention of a State in order to protect its citizens abroad and humanitarian relief. The use of force for protection of citizens abroad, when they are in immediate danger of losing their lives or suffering serious injury, can exceptionally be justified by a state of necessity as regulated in article 33 of Drafts Article on State Responsibility by the International Law Commission. Further conditions for such an intervention are provided in the wording of the US State Secretar, Daniel Webster in the Caroline case of 1837, relating to the self-defence. Actions of humanitarian relief have nothing unlawful in their character, but a question can arise of the obligation of parties to a conflict to receive and allow its distribution to a who are in need. The 1949 Geneva Conventions and the First Protocol of 1977, provide in this respect a legal obligation of all parties to internation armed conflicts. Such relief actions can be imposed as obligation to parties to internal armed conflicts as well, by UN Security Council resolutions based on Chap. VII of the UN Charter. + In the view of this author there is no rule of positive international law granting a right to foreign States to intervene by force, either in protection of their citizens, or when a humanitarian intervention is required. The matter can only be of exceptional circumstances precluding wrongfulness of the use of force, which otherwise remains prohibited. When the matter is of humanitarian intervention, circumstances precluding the wrongfulness would, according to this author, be the following: (1) There should be a situation of systematic, repeated and widespread commission of international crimes by a State authority against its own citizens. Special problems are created to the international community by widespread practices of ethnic cleansing. (2) Such a situation constitutes itself a "threat to the peace" calling for an enforcement action by the Security Council according to the Chap. VII of the UN Charter. (3) In case that the Security Council fails in its primary responsibility of maintaining international peace and security and when there are no other means, a group of States or an organization can undertake a humanitarian intervention by use of force in order to stop the commission of crimes. In these circumstances it acts as de facto organ of the entire international community of States. (4) In these extreme and exceptional circumstances, States taking part in such an action cannot obtain any advantages in their profit. (5) Collective intervention by a single State acting in the name of several other States or an organization. However, even such an intervention should have priority over humanitarian intervention undertaken by a State acting in its o name. (6) It is self-evident that in performing a humanitarian intervention there should not be committed international crimes especially against protected persons, including civilian population
Finer investigated the phenomenon of politics within its spatial and temporal framework, trying to look into as many forms of government as possible and to fmd uniformity in their variety. He paid particular attention to a study of institutions of government which he considered the core of politics. His investigations focused on the state. By condensing the consequences of the emergence of the state on the forms of government, Finer came up with two variables: the extent in which rulers establish a standardized central administration and the extent in which homogeneous culture, religion and laws have been achieved. The second topic which held an important place in Finer's research is military organization. He wanted to demonstrate how the survival of a state, international order, social distribution of power, governing, the degree of bureaucratization, and a regime's nature, are intertwined with the structure of the state's military institutions. His opinion was that the military organization is necessary for the establishment and preservation of political communities, regimes and governments. According to Finer, the state's key function are preparing for wars, waging wars and reconstructing the country after them, and expecting the next one. Finer's third topic is the relationship between political and religious systems of belief. He stressed their dualistic nature, with two more or less independent hierarchies which have been a source of serious tensions. Furthermore, Finer links the existing system of beliefs, social stratification, and political institutions. Where these factors are balanced, the political community achieves permanent stability. (SOI : PM: S. 182)
Contrary to the presuppositions of historiography in former Yugoslavia, the author argues that one of the greatest problems in the relationship between Church and State in the NDH was the issue of conversions. The Catholic Church stood firmly on the principle that no one can be admitted into the Church unless he or she demands admittance free of all pressures and interferences. Likewise, the Church disagreed with the government that it can meddle in the area of conversions, the terrain the Church considered exclusively its own. Bishop Jerome Mileta of Sibenik Diocese is one of the most illustrative examples of that attitude of the Church. The author brings forth for the first time documents which shed new light on the issue of "conversions" in that diocese. (SOI : CSP: S. 248) + The question of religious conversions has always been a thorny issue in the Balkan territory, because it is often confused with the issue of nationality. The problem of religious conversions in the Independent State of Croatia (NDH) (1941-1945) was no exception. Soon after its foundation, the newly established government issued laws, which abolished existing ones pertaining to religious conversions and allowed conversions to one of the "legally recognized religions". Even though it is not explicitely mentioned, the aim of the law was to allow "conversions" of the Orthodox to Protestantism, Islam or Catholicism, since the government believed that the traditionally strong opposition to the Croatian state of that segment of the population greatly depended on the influence of the Serbian Orthodox Church on it
Apart from the former EFTA members (Iceland, Lichtenstein, Norway and Switzerland) and afew former republics of the Soviet Union (Bjelorussia, Moldova and Ukraina) the countries ofthe Western Balkans are the only European states outside of the European Union. They are verykeen to join the Union. The Balkans have always been the poorest part of Europe. The appeal ofthe wealthy European Union is apparent. Access to the largest market in the world, investment,modern technologies and generous regional funds give a hope that by joining the EU the WesternBalkans countries will join the rich club. At the moment performance of the Western Balkancountries does not guarantee that they will become rich by joining the European Union. Theircurrent production and trade structure makes it likely that the Western Balkan countries will belocked in inter-industry trade in which they will export products of low and medium technologicaland developmental level and import products of high technological and developmental level. Thismight lead to divergence rather than convergence between them and the European Union. Inother to overcome this problem the Western Balkan countries need to conduct radical reformsin the public sector, fiscal policy, industrial trade and investment policy. They also need to tacklecorruption, simplify administrative procedure, strenghten property rights and the lawful state. Allthis with the aim to change economic structure and shift from achievements of the second andthird to fourth technological revolution. Only if these reforms are successfuly implemented theWestern Balkan countries can hope to avoid the Greek scenario and possibly experience the Irishscenario.
