Suchergebnisse

Effectiveness of the administrative system as a whole depends on the quality of its organization. The Organizational structure reflects functional dynamic of the public administration. On the other hand, functional requirements of efficiency and effectiveness of the administrative system determine organizational forms. The scope, character and nature of administrative actions require optimal and coordinated external (macro-organization) and internal (micro-organization) organizational structure, which will allow optimal functioning of an administrative system. Therefore, the organizational structure is not immutable category, because tasks and roles, activities and goals, are changing in the same government system and sometimes even the whole system, so it is necessary to change the administrative organization. Administrative organization is systemic (external and internal) open dynamic structure of state government agencies and other bodies and organizations with public (administrative) powers prescribed in the course of lawful relationships of dynamic interaction, based on the hierarchy or coordination, depending on the nature and objectives of administrative tasks. Current organization of the state administration has not been made according to the principles of modern management. It is a result of the political spoils system, and reflects the need for political control of the administrative departments. It lacks functional analysis and expert approach.

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. .

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.

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.

This paper show why the standardization of administrative procedure is important for the state legal system that, in the last two decades, the administrative procedure codes were adopted in almost all of the European states. Afterwards author analyzed main driving forces for development of administrative procedural law at the level of the European Union and the Council of Europe. The most important legal sources of European administrative procedural law (basic standards, principles, recommendations and guidelines in this area) are concisely presented but it is clearly indicated that there are certain ambiguities, that these sources don't apply equally to all institutions of the Union, and that they still don't make finished, complete and forever given system that can be automatically transferred to jurisprudence of the member states and candidate countries. Moreover, often administrative process laws of the member states contain rules that are not existing in this kind of regulation at European Union level and that is why the process of adopting the first European Union general law on administrative procedure was initiated, which would further improve the standards of European administrative process in general. When it comes to the general administrative procedure of the Republic of Serbia it has been shown that in spite of the strategic orientation towards the reform of the Law on Administrative Procedure expressed in numerous strategies, our executive authorities in this area have not yet moved beyond the development of the third version of the Draft Law on General administrative Procedure which was afterward adopted by the Government as the Bill. In his final remarks the author concludes stating that the largest number of European standards of administrative process are included in the final version of the Draft, but without eliminating the shortcomings of the existing Law, and without normative adjusting to the circumstances in which the Serbian administration operates, and with unnecessary abandonment of some solutions that have proved to be right in the decades-long practice of administrative authorities.

International police and other cooperation is a necessity of the modern world and imperative for the survival of human civilization. The goal of cooperation is that states and the international community unite in opposing crime as the greatest peacetime evil in the world. This is particularly in relation to organized crime, terrorism, and corruption and other most serious forms of crime in contemporary society. Cooperation takes place at the bilateral, regional and multilateral levels. Bilateral cooperation mainly has a trans-border character of neighboring countries, while the regional cooperation between states within certain areas such as the SEE region (Western Balkan) or Europe (e.g. Europol). Multilateral cooperation is mainly on a broader level, e.g. in the field of combating terrorism or through universal organizations (e.g. Interpol). International police cooperation in Europe has a long tradition. One part takes place today in this area through the OSCE, with the caveat that this is a global organization that deals with security issues. The Council of Europe is the next organization through which co-operation began in the past and is partly carried out to this day, given that it brings all European countries together (except Belarus). Cooperation is more intensive still throughout the European Union, its forerunners, the current forms of the organization and present mechanisms (EAW- European surrender and arrest warrant).53 The cooperation in the EU, that takes place through Europol as a specialized agency of the Union is especially current, but with minimal operational competencies. In the SEE region, a significant cooperation between countries of the former Yugoslavia and countries in its neighborhood has been achieved. This cooperation is not only based on bilateral and multilateral acts, but primarily regional documents of which the most important are the International Convention on Police Cooperation in SEE and SELEC Convention. According to these and other acts, all the countries in the region have taken part in regional cooperation, since the fight against crime is the common interest of all. This applies in particular to organized crime, terrorism, corruption and other most serious forms of crime. Extremely important shapes, forms and mechanisms of international police cooperation are: exchange of information, joint investigation teams, joint operational actions, liaison officers, contact points, regional centers for police and customs cooperation, joint police stations and others. To recap, international police cooperation in the world today is an expression of anti-criminal solidarity between states and its prospects are clear, because the danger of crime is global and requires a harmonized response at the international level.

The Lisbon Treaty has brought significant changes into the architecture of the European Union. The most important novelty, however, is the establishment of a full unity of the Union structure achieved by creating new and strengthening the existing elements. The new elements of this unity are the disappearance of the European Community, the 'independence' of the European Atomic Energy Community, constituting the European Union as a single entity and the introduction of EU values. At the same time, the Lisbon Treaty has strengthened the existing elements of the common institutional mechanisms, rules on amending the founding treaties and EU membership. However, constituting the Union as a single entity which has replaced and succeeded the European Communities has not abolished the EU elements of diversity. In the areas that differed, even before the adoption of the Lisbon Treaty, from the community pillar, there remain significant differences in the nature and the scope of competences of the Union institutions. This mainly regards the common foreign and security policy, which now includes the defense policy, where the existing model of inter-state cooperation has been only slightly interfered with. In contrast, in the field of police and judicial cooperation in criminal matters, which has become part of a larger Area of Freedom, Security and Justice, the inter-state model of cooperation has been abandoned in some of its most important elements. However, the implementation of some of the important elements of the supranational model has been postponed.

The modern state administration and its bodies and special organizations should act in the field of the rule of law. It is a term that originates from the Anglo-Saxon legal world, but it is also a category and a principle of the Constitution of Serbia from 2006. The paper points out the different understandings of the rule of law and briefly looks at the position of the administration or the phase in its historical course until its subsumption under the principle of legality. In Serbia, state administration bodies consist of ministries, administrative bodies within the ministry and special organizations. Administrative or special organizations are formed by the state in order to perform professional and related administrative tasks. In order to permanently and unhinderedly perform the professional work of these organizations, they can act authoritatively. Special organizations have numerous and diverse administrative powers. The paper points out both the similarities and differences of special organizations in relation to administrative bodies. A review of the activities and organizational structure of all special organizations (secretariats, institutes, directorates and one center) established by the Law on Ministries from 2020 was performed. It was also pointed out that all institutes: the Republic Institute of Statistics, the Republic Hydrometeorological Institute, the Republic Geodetic Institute and the Intellectual Property Institute are special organizations that provide services to interested parties. In one part of the final considerations, the author states that for special organizations (as part of the state administration) it could be concluded that they really operate in the field of rule of law as an order with positive properties as characterized by the Constitution, it is necessary to strictly respect the principles organization of state administration prescribed by the Law on State Administration: independence and legality; expertise, impartiality and political neutrality, effectiveness in exercising the rights of the parties, proportionality and respect for the parties; publicity of work. ; Published