Suchergebnisse

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

In this paper, we analyse two recent contributions to the Marxist critique of the political economy of art: the article "Artistic Labor and the Production of Value: An Attempt at a Marxist Interpretation" by José María Durán and the book Art and Value: Art's Economic Exceptionalism in Classical, Neoclassical and Marxist Economics by Dave Beech. While Durán emphasizes the emergence of the legal category of intellectual property rights as crucial for value production in art, Beech has reached the contrary conclusion that artistic labour does not produce value and that artistic production is therefore excepted from capitalist commodity production. In our paper, we criticize both conclusions. While agreeing with Beech that artistic labour does not produce value and is thus excepted from the ideology of commodity fetishism, we believe that through the ideology of converted forms it nevertheless becomes part of capitalist commodity production. We would argue that the sector of artistic production, through the converted form of monopoly rent, establishes a production relation with other, competitive, sectors of capitalist economy. This production relation is enabled by the ideology of aesthetic fetishism, supported by the ideology of legal fetishism through the category of intellectual property rights. Contrary to Durán, we thus conclude that intellectual property rights allow for a hidden transfer of surplus value produced by the workers in the competitive sectors of the capitalist economy. ; U tekstu analiziramo dva novija priloga marksističkoj kritici političke ekonomije umetnosti: članak "Umetnički rad i proizvodnja vrednosti: pokušaj marksističke interpretacije" Hozea Marije Durana [José María Durán] i knjigu Umetnost i vrednost: ekonomska izuzetnost umetnosti u klasičnoj, neoklasičnoj i marksističkoj ekonomici Dejva Biča [Dave Beech]. Dok Duran u svojoj analizi daje naglasak zasnivanju pravne kategorije prava na intelektualno vlasništvo kao determinanti proizvodnje vrednosti u umetničkoj proizvodnji, Bič dolazi u svojoj knjizi do suprotnog zaključka da umetnički rad ne proizvodi vrednost i da je time umetnička proizvodnja izuzeta iz kapitalističke robne proizvodnje. U našem tekstu kritikujemo oba zaključka. Sa Bičom se slažemo da umetnički rad ne proizvodi vrednost i da je time izuzet iz ideologije robnog fetišizma, ali smatramo da on putem ideologije preobraženih oblika postaje deo kapitalističke robne proizvodnje. Tvrdimo da sektor umetničke proizvodnje putem preobraženog oblika monopolske rente zasniva proizvodni odnos sa drugim, konkurentskim, sektorima kapitalističke privrede. Ovaj proizvodni odnos je omogućen ideologijom estetskog fetišizma koju podržava ideologija pravnog fetišizma putem kategorije prava na vlasništvo intelektualne svojine. Contra Duranu zaključujemo da pravo na vlasništvo intelektualne svojine omogućava skriveni prenos viška vrednosti koji su proizveli radnici konkurentskog sektora kapitalističke privrede.

In his main oeuvre from the field of political philosophy ('Basic Traits of the Philosophy of Right'), Hegel wished to reconcile civil society with state. Civil society is for Hegel the way of abstract notion of property concretization. Subjective form of property is evolutioning into objective relationships among title holders. It is in the state where the will is set free from its particular interests and is becoming free in the widest sense of the word. Since civil society is established as per marketing principles, it is subject to inequalities. Since inequalities bear destructive effect on the life in community, civic particularism may be overcome only in institutional way. That institution is the state as the 'seriousness of the spirit', and the essence of civil society. Civil society is a liberal one, and the state is based on liberal principles. For Hegel, contrary to Hobbes and Locke, liberal society is not a social contract among individuals who possessed some natural rights (property), but reciproque and equal agreement among citizens and states which wish to recognize themselves mutually. It is not an own interest, but searching for rational recognition. The same as citizens, states also wish to reconcile themselves mutually, what in the situation in Kosovo and Metohia alike gets the original form.

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.

Henry Kissinger is one of the most eminent and influential intellectuals in American foreign policy. His work and achievements may be divided into three phases of his participation in the creation of American foreign policy. In the first - scholarly - phase of his career, he criticized US foreign polic His works from that period clearly reflect his "realpolitik" outlook. Particularly important for his life and work is the second phase when he was able, as a national security adviser and later as Secretary of State for presidents Nixon and Ford, to use his remarkable intellectual capital and successfully practice realpolitik as the creator and proponent of American foreign policy. After his retirement from foreign policy administration, Kissinger did not cease to use his clout in the field of international relations and American foreign policy. He has been one of the most significant American intellectuals who have exerted an influence on American foreign policy. (SOI : SOEU: S. 133)

In recent years, the violation of the principles that guarantee the respect of democratic norms and institutions has placed Serbia into the category of deficient democracies, and more recently in hybrid regimes. Since the beginning of the transition, the implementation of political and economic reforms in Serbia has been characterized by frequent shifts of periods with modest progress in the field of political and economic transformation with periods of stagnation and even backsliding in regards to the important reform segments. The indicators of political and economic reforms point to the strengthening of extractive institutions. Extractive institutions protect the economic and political interests of privileged groups to the detriment of the rest of society. This leaves fewer resources available to stimulate economic growth and job creation, with negative countereffects on the regime legitimacy and trust, which are crucial for the implementation of economic reforms. Serbia's failure to provide stronger economic growth is largely caused by extractive institutions that determine the business environment. The development of extractive institutions is indicated by the absence of a more even distribution of political power, weaknesses in the mechanisms of checks and balances, deficiencies in the sphere of the rule of law, widespread corruption, problems in the sphere of protection of property rights. The transitional developments in Serbia can be regarded as a historical heritage that adapts to the current social environment and has a great impact on institutional performance and democratic consolidation. Prolonged exposure to extractive institutions creates a cumulative effect of institutional learning, where individuals become vulnerable to political abuse, dependent on the state and unwilling to use political mechanisms of government accountability, contributing to a vicious circle of extractive political and economic institutions. Identifying the mechanisms of such accumulation, which include prolonged exposure to extractive institutions, as well as the transmission of cultural patterns from older generations who have long experience with extractive institutions, is a complex research task.

R. J. Kvaternik (1799-1851), professor of history at the Kings Academy of Sciences in Zagreb, had a great influence on several generation of Croatian intellectuals through his pedagogic work and his patriotic and liberal views. The Zagreb journal Südslawische Zeitung also reflected liberal and democratic views. The author compares Kvaternik's views, exposed in questions for public examinations in general and Hungarian History (positiones), with those expressed in the journal concerning actual political issues and institutional, economic, and cultural questions. In both cases, there is notable democratic orientation, inclination towards parlamentary system, and the need for education of the people as requirement for a general progress of the country. The ideas of equality, tolerance, and peaceful resolution of issues are fundamental to the views. S. Z. stands steadfastly to its views. The similarities between Kvaternik's views and those of S. Z. suggests that some of Kvaternik's disciples were contributors to the journal. Unfortunately, this remains only a presupposition, because articles in S. Z. were not signed. (SOI : CSP: S. 276)

At the end of the Second World War, Poles, who had come to Bosnia and Hercegovina as settlers at the beginning of the twentieth century, lived in the districts of Srbac, Prnjavor, Derventa, Laktasi, Bosanska Dubica, Prijedor, Doboj, Bosanski Brod, Bosanska Gradiska, Bosanski Novi, Piskavica, Banja Luka, and to a lesser extent, they could be found in parts of the counties of Vares, Zenica, Teslic, Zavidovici and Sarajevo. There political situation was very unfavourable, and they were frequently the objects of various kinds of attacks and terror. Immediately following the war, they requested permission collectively to emigrate to Poland. This was allowed during 1946 on the basis of the protocol signed by Yugoslavia and Poland on January 2, 1946. Under its terms, each emigrant stated in writing that he was emigrating voluntarily and that he was relinquishing claim to all immovable property in Yugoslavia. The mass emigration began in November. In total, 2649 families numbering 14088 members left Bosnia and Hercegovina (this figure included 7405 children below eighteen years of age, 3501 adult women, and 3182 adult men). They left behind 6400 domesticated animals, 1784 homes, 12350.5 ha of arable farm land, and 1495.8 ha of forest. After the Poles emigrated, their lands and possessions were allocated for internal colonization. (SOI : CSP: S. 104)

Mixed government, which is commonly regarded as a distinctly medieval form of government, is relevant also to contemporary constitutional states. It is the best form of government, since the aristocratic element is a continuous source of virtue, especially of justice, and a check not only on the executive, as the monarchical element which is the seat of political power, and the legislature, as the democratic element which expresses the will of the majority, but also groups and institutions that have the might and will to impose themselves as oligarchies. Mixed government is also the form of government that is practised by most developed contemporary constitutional states: USA, UK, France, Switzerland, Germany etc. European nobility is the original aristocratic institution, by virtue of the fact that it was a system for the transfer of both virtue and general conditions of life. Three institutions that emerged in the late Middle Ages assumed structures and functions of the nobility. + The first is the clergy. When, as a result of the differentiation of feudal society ethical and intellectual virtues of the nobility could no longer maintain general conditions of life, the clergy, by virtue of their abstract knowledge that ranged from philosophy and theology to law and medicine, became a class of new experts in generalities and thereby a new aristocracy. The second modern aristocratic institution is the judiciary, which has a structure and function similar to earlier aristocracies. The task of judges is to establish the highest virtue o constitutionalism. It is justice by law, which regulates general conditions of life in the state and society. What qualifies judges for the task is expertise in the new generality. The expertise includes not only education and experience in law but also impeccable private life and demonstrated professional ethics. + The third modern aristocratic institution is the profession, whose most important instance is the legal profession. It shares its structure and function partly with the judiciary and partly with other professions. It seems that modern professions are degenerating. In the key area of data processing, due to rapid changes of technology, professions as systems of the transfer of virtue do not even seem to be possible. Professional aristocracies are replaced increasingly by oligarchies of capitalists and technocrats. (SOI : PM: S. 111)

On the occasion of the bicentennial of the publication of Kant's "Treatise on perpetual peace", the author attempts to evoke and actualize that classic of modern philosophy of politics. According to Hajo Schmidt, the strong point of Kant's concept was his realism which prevented him from slipping into intellectual, utopian idealization of human nature and political relations among people. Having in mind not only the rational but also irrational aspects of human nature, i.e. the insuperable chasm between good and evil, Kant in that respect offers edifying peacemaking propositions. This he achieves by advocating the concepts of free individuals, independent national states and the cosmopolitan unity of humankind. These three moments make up the content of Kant's concept of republicanism. Their identity and plurality are the foundations of the world peace. (SOI : PM: S. 18)

The overall progress of society, as well as socially damaging phenomena which society confronts in an institutional manner, is increasing and complicating the police apparatus. However, in the context of dealing with activities aimed at gathering information and evidence related to criminal offenses, including offenses in the sphere of organized crime and corruption, and research trends of property acquired with those works, takes special attention to the role of the Criminal Investigation Department, or its organizational units specialized in the fight against organized crime, or other specialized bodies. The interactions of various factors within the police service and outside, which find the origin of activity in the same mission, are a potential source of disagreement, and it emphasizes the characteristics of the police profession, and the associated subculture. This paper analyzes the general characteristics of the police profession that can have repercussions on the efficiency of financial investigations and the necessary conditions that favor their success, and processes in which police officers involved in financial investigations are exposed to, in order to improve efficiency. Also, the paper identifies other circumstances, at the strategic and operational level, which can significantly affect the results achieved in the investigation process. Good cooperation among the subjects of criminal and financial investigations, starting financial investigations immediately after getting information about the crime and the assets obtained, and specialization of investigative subjects are only basic elements needed for success in financial investigations. Besides these, it is possible to identify a number of objective or subjective factors, which may affect the success of the implementation of financial investigations, which are mentioned in the paper. Special attention, especially in the context of societies with underdeveloped institutions and the questionable rule of law, deserves the will factor. Aforementioned factor emerges as a key element that can significantly affect the success of the research team, and indeed the expected results. It is therefore desirable that the general interest, presented in the normative framework, is consistent with the prevailing beliefs of research subjects, i.e. it is essential that these entities have a high degree of belief in the purpose and validity of what they do. Otherwise, the results will be absent, and the regulatory framework will appear as an empty form, without meaning and content.

Прихвативши понуду краља Александра Обреновића да образује владу Србије, Стојан Новаковић је, јула 1895. године, планирао да се посвети побољшању међународног положаја Србије и положаја српског народа у Старој Србији и Македонији. Рачунајући на помоћ Русије и на тешкоће које је Турска имала у решавањима јерменског и критског питања, Новаковић је настојао да од Порте изнуди просветне и верске привилегије за Србе у Старој Србији и Македонији. Немогућност бржег решавања финансијских и уставних питања, нестабилна политичка ситуација у Краљевини и аустроугарски утицаји довели су до пада Новаковићеве владе крајем 1896. године. Свака из угла својих интереса, Француска и Велика Британија пажљиво су пратиле и анализирале ситуацију у Србији и Новаковићев рад. ; Stojan Novaković's government (July 1895 – December 1896) faced numerous inherited problems. As a scholar, a diplomat and a politician, a man led by moral and scientific principles and national interests, Stojan Novaković was aware that he was taking reigns of a country which was not politically, economically nor militarily ready to make major stopes towards national liberation and unification. That is why he was resorting to negotiations in situation where he knew there would be no major achievements. He was resisting much more when he knew it made sense, and in situations in which he could not swallow national pride and ignore facts. British and, especially, French envoys to Belgrade knew that the reason for instability of Novaković's government was not in his undisputed political and intellectual capacities, but in international circumstances, internal political struggles, and in unpredictable characters of former King Milan and his son Aleksandar. Britain, who was protecting its interests from Russia in the Easter Mediterranean by supporting Austria-Hungary, and France who, in cooperation with Russia, tried to prevent major conflicts in the Balkans, did not take an active role in directing the policy of Kingdom of Serbia. London, with its sometimes harsh warnings, and Paris, with its advices, were managing to draw Belgrade's attention to the fact that, in spite of Armenian and Cretan question, and in spite of Albanian atrocities in Old Serbia and Macedonia, Serbia should not take any aggressive measures. ; Научни скупови / Српска академија наука и уметности ; књ. 172. Председништво ; књ. 11