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.

When researching multiculturalism and the process of Europeanisation in Serbia and countries of the region, one must first examine the status of multiculturality and multiculturalism, from the normative framework to states' policies which decidedly determine the nature and functioning of a political community. Starting from the fact that the context, nature and structure of a political community determines the essence of rights and freedoms stipulated by the constitution and laws, as well as that a synergy of good laws and sound policies enables an effective policy of multiculturality, integration and interlacing of cultures of diverse national communities in a society, the proclaimed multiculturalism was studied in this paper, with a view to ascertain whether such constitutional and legislative framework and policies exist, and if they did, whether there was concerted action between them. The key finding was that the states of the region support a civil state in principle, that they are exclusively or predominantly nationally legitimised by the highest legislative acts and that the factual state is marked by various national cultural identities that are not integrated into the model of plural citizenship. The paper shows that there is a lack of political will to transform the declared support for a pluralistic civil state into public policies affirming the values of multiculturalism, as well as that there is a lack of strong institutions to support such policy. Creating civil awareness, strengthening civil values and virtues are not priorities for state institutions or media controlled by governments. Rather than that, their priority is to strengthen national identities. Hence, based on the above, we can affirm that civil states, civil values and civil identities are only at initial stages, i.e. that they are still, only occasionally, at the level of general programme orientation and set aims. The necessary ingredient for their firm establishment is a consolidated democracy and acceptance of universal values of developed democracies, such as the rule of law and protection of human rights and freedoms.

The paper deals with cross-border insolvency protocols as special source of insolvency law. Protocols are agreements between parties in insolvency procedure that deal with many significant questions in order to establish cooperation and coordination between participants. Protocols are used in cross-border insolvency proceedings in order to overcome differences between state legislation that can pose major obstacle for maximization of the value or efficient reorganization procedure. This instrument has special significance in cases of cross-border-group-insolvencies. Namely, in this case every subsidiary is a separate entity, but the preservation of economic value of the group as a whole calls for cooperation between insolvency practitioners and/or judges. The topic is especially interesting having in mind that European Insolvency regulation Recast explicitly mentions the use of protocols as means of cooperation (Recital 49). This will most definitely have broader implications on insolvency laws of civil law countries and it will contribute to wider use of protocols in these countries.

This paper analyses the connection of interests and corruption, especially corruption and political interests. It first considers the notion of interest, i.e. its meanings and significance, both for an individual and for a society. It presents the classification if interests by Albion Woodbury Small. A special emphasis is given to the encounter of different interests as the beginning of clash between humans. The paper analyses individual, special and general interests, as well as their relations. The paper also analyses two levels of conflict of interest: the conflict between public and private interest and the conflict between interests within the public offices. The relation of interests in society and politics is solved in the best way by adopting laws, i.e. by introducing the rule of law into political order. Without that the interest orientation of politicians can easily end up in abuse and illegality. In turn, abuses and illegalities open the possibilities for various kinds of corruptive acts.

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.

More than one decade Serbia has been passing through the process of market reforms. Establishing of market economy institution had to allow the country one stabile economic development in the light of EU accession. That is, by the way, the same strategy of the most countries of Western Balkan. Actual economic crisis showed the other side of the result of previous changes, and of the realized growth and development. That were the consequences on macro economic and financial instability and structure of the economy. Many circumstances showed that in the Serbian real and normative economic system there were numerous controversies stopping or slowing EU accession and basic re forms process. European economic system is based on institutions. In spite of many bureaucratic obstacles of this system institutions are the main guarantee of the system surviving. The institutions in Serbia were not established in desirable way. The government, the parliament and courts are continually in conflicts, based on formalization of institutions. Regulatory bodies are very week and under pressure of parties power control, as well as corruption and institution formalizing. All those facts have negative influence on the process of EU accession and market reforms. Serbia need to accept lawful state and institution strengthening in order to catch a connection for advanced economies in reform. Most important conditions are not only better laws, but better education. .

This article analyses the weaknesses of contemporary democratic orders which stem from the use of modern manipulation techniques employed by those who manage to win the trust for making the government in democratic elections. Contemporary democracies are under the threat of populist promises which are most often unrealistic. The combination of populism and democracy is usually a product of the powerlessness of political elites, i.e. political parties, in states to solve citizenry's most important problems – to increase the growth and development of the economic system, to introduce the rule of law, and to rehabilitate political institutions so they could rationally and efficiently function within the political system. Contemporary democracies are not equally developed, nor do they have equal chances for developing. The facts demonstrate how in many societies and states – formally oriented towards establishing a democratic governance and towards starting the democratisation of societal and political life – democracy gets misused and diminished to democratic phraseology with the help of populism, while in the institutional aspect being diminished to creating a façade of democratic institutions. It has been demonstrated that the patterns of dominance follow and are characteristic for democratic governances to a larger or smaller degree. The essence of democratic governance are politically responsible decisions, rather than mass participation in making political decisions which are not realistic, while being dangerous in terms of their consequences. Democracy means making good decisions for the benefit and good of all citizens, while hierarchy must not be challenged when it is necessary that institutions function in a rational and efficient way. Introducing equality where professionalism, competence and accountability are needed is devastating for the functioning of institutions, therefore for the functioning of democracy as well. Democracy can be tricked with the help of authorities'populism, as was the case with Nazi Germany. After Nazis took power, not all institutions of the Weimar Republic were dismantled nor challenged, nor was the Weimar Constitution changed. However – parallel to state authorities, Constitution and laws – dozens of new orders and laws were enacted, creating an illusion that nothing is changed in German state. What Nazis did was developing a new mechanism, party mechanism, parallel to the state mechanism. The two functioned next to each other. Such patterns lead to the parallelism of power and democracy, which usually led to the totalitarianisation of democracy. In contemporary states – especially those in the process of democratic transition – such parallelism shows how party leaders do not forfeit party leadership once they get elected to state offices. In that way democracies become submissive and captured by political parties, especially their leaderships and leaders. The relation of freedom and democracy has also been analysed. Experiences show that democracy is founded more successfully in places where people managed to gain their liberties, rather than in those places where democracy is yet to provide liberties to citizens. Dangers for democracy tied with the abuse of democratic conditions are being discusses in the last part of the article. Each condition necessary for the functioning of a democratic order can be simulated through manipulative ways. A special danger for contemporary democracies comes from circumstances in which those who come to power do everything so that society and state are riled by anti-political principles: indifference, fear and trepidation, and powerlessness. Anti-political principles jeopardise democratic order, and those who use them demolish democracy. Democracy is facing constant challenges and temptations for scraping democracy in the name of democracy.

"Vojničku vladavinu" Monteskje je spominjao u sva tri svoja glavna dela: i u Persijskim pismima, i u Razmatranjima o uzrocima veličine Rimljana i njihove propasti i u spisu O duhu zakona. Međutim, samo je u poslednjem delu ovu proglasio za poseban tip despotije. Taj tip despotije Monteskje je razmotrio na primeru starog Rima i došao do zaključka da se značajno razlikuje od onoga što je obično podrazumevao pod despotijom – onom orijentalnom. Dok je, naime, orijentalna despotija bezvremena, jednostavna i lišena bilo kakve predstave o slobodi, "vojničku vladavinu" kao okcidentalan tip despotije karakterisali bi upravo naglašena kompleksnost i istoričnost u kontekstu pervertiranja slobode: ona bi se mogla razumeti samo kao ishod determinizma koji vodi od urušavanja monarhije preko aristokratske i demokratske republike. ; Montesquieu writes about "military rule" in all of his three main works: in the Persian Letters, in Considerations on the Causes of the Grandeur and Decadence of the Romans, as well as his magnum opus On the Spirit of the Laws. However, only in the last work he defined it as a special type of despotism. Montesquieu analyses this type of despotism by reference to ancient Rome and comes to a conclusion that the Roman example differed significantly from what he usually meant by despotism – that is oriental despotism. He claims, namely, that oriental despotism could be perceived as timeless, simple and devoid of any notion of freedom, while "military rule", as "occidental" type of despotism, would be characterized by its complexity and historicity in the context of perversion of freedom. The "occidental" type of despotism, claims Montesquieu, could be understood only as a stage in a deterministic political development that starts with a collapse of the monarchy that is itself a result of a collapse of the aristocratic and democratic republic.

Nowadays, there are divided opinions in Bosnia and Herzegovina when it comes to further mandate of the OHR and the institution of the High Representative. However, the e nd of the mandate of the High Representative is realistically expected in the near future. The need to abolish the office of the OHR and the institution of the High Representative has been mentioned increasingly in Bosnia and Herzegovina, especially in the Republic of Srpska. The reasons for the abolition of the function of the High Representative are different between the entities in Bosnia and Herzegovina as well as among its constitutive peoples. The authority of the High Representative has been increasingly questioned.It is on that basis that questions arise more frequently whether his (High Representative) legal acts will be valid, in particular individual decisions, such as deprivation of certain rights to citizens, the right to work, political action and passive right to vote. Representatives of the international community are worried that the interested domestic political circles could set a thesis (and be successful at it) that all acts of the High Representative will cease to apply at the moment when Annex X of the General Framework Agreement for Peace in Bosnia and Herzegovina is ended.A number of imposed laws not yet adopted by the local legislator himself, in the event of cancellation, would actually return BiH to the original competences under the Constitution BiH, as the legal consequence. The institution of the High Representative was set up by Annex X (Agreement on Civilian Implementation of the Peaceful Solution) of the General Framework Agreement for Peace in Bosnia and Herzegovina.Simultaneously, bearing in mind these facts, legally speaking, Bosnia and Herzegovina can not be classified into any known form of international dependence, however, the objective situation is such that Bosnia and Herzegovina with the powers vested in the High Representative and the actions that he is taking, can be considered a state with a specific form of international dependence and a special form of guardianship.

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.

Within contemporary geopolitical processes, respect for the rights of national minorities is no longer the discretion of a state, but rather is an indirect or direct international regulation of the minority issue. In the beginning of the 1990s, the political economical crisis and disintegration of the former SFRY opened the national question, that was considered to be permanently and successfully solved, in the most dramatic way, and ethnic conflicts and clashes followed the desintegration of the country. With the formation of a new states on the territory of the former Yugoslavia, the existence of numerous and different national minorities ("old" and "new") required a different approach to their protection and integration in complex political circumstances. Thus, the position of the so called new minorities drastically changed since they formed constituent nations in the former SFRY, while after secession they remained separated from their home nations and became national minorities almost overnight. Out of Serbia, in former Yugoslav republics live nearly half a million persons belonging to Serbian nationality as new national minority. The paper discusses the position and rights of the Serbian minority in the post Yugoslav states (Slovenia, Croatia, Northern Macedonia, Montenegro) as well as in some neighboring member states of the European Union (Hungary, Romania, Bulgaria). In addition to the analysis of basic demographic indicators (number and spatial distribution) that determine the realization of the rights and freedoms of each minority, the paper examines the issue of protecting the national, cultural and linguistic identity of Serbs, as well as the ways of its preservation and improvement. Although the social and legal status of the Serbian minority is determined by European standards, the analysis points to their undefined status, since they still do not recognize the status of a national minority in some countries, and that they are in practice faced with more or less assimilation. In order to fully realize minority rights and improve the position of the Serb minority, ratified international documents, bilateral agreements, national laws, as well as well-designed policies and assistance from the home state are of great importance.Respecting basic human rights and freedom, as well as national minority protection, represent the basic factors of stability, security and democratic and socio-economic development of every country.

Apstrakt: Predmet istraživanja doktorske disertacije "Specifičnosti radnopravnog položaja lokalnih službenika" odnosi se na analizu specifičnih elemenata radnopravnog položaja lokalnih službenika u odnosu na državne i ostale javne službenike ali i lica koja se nalaze u opštem režimu radnih odnosa. Lokalni službenici obavljaju poslove od značaja za uspešno funkcionisanje decentralizovanih teritorijalnih jedinica i ostvarivanje prava i obaveza građana, koji u njima žive. Posredno su od značaja i za uspešno funkcionisanje države u okviru koje se nalaze decentralizovane teritorijalne jedinice u kojima lokalni službenici obavljaju poslove iz svoje nadležnosti. Njihov radnopravni položaj karakterišu upravnopravni i radnopravni element. Komparativno posmatrano njihov položaj je uređen na različite načine, pri čemu se daju zapaziti određena zajednička rešenja, posebno među državama bivše Jugoslavije, uprkos istorijskim, političkim, ekonomskim i društvenim razlikama. U Republici Srbiji njihov status i položaj menjao se kroz istoriju. Trenutno je uređen posebnim zakonom na osnovu koga su doneti i brojni podzakonski akti, koji čine okosnicu lokalnog službeničkog sistema. Poseduju određene specifičnosti u odnosu na zaposlene u opštem režimu radnih odnosa, državne i druge javne službenike. ; Abstract: The subject of the research of the doctoral dissertation "The specifics of the employment status of local officials" refers to the analysis of specific elements of the employment status of local employees in relation to state and other public servants, as well as persons who are in the general regime of labour relations. Local officials perform tasks that are important for the successful functioning of decentralized territorial units and for the accomplish of the rights and obligations of the citizens who live in them. Indirectly, they are also of importance for the successful functioning of the state within which there are decentralized territorial units in which local officials perform tasks within their jurisdiction. Their employment status is characterized by an administrative and labour element. Comparatively speaking, their position has been regulated in different ways, with certain common solutions being noted, especially among the countries of the former Yugoslavia, despite historical, political, economic and social differences. In the Republic of Serbia, their status and position has changed throughout history. It is currently governed by a separate law, based on which numerous by-laws have been passed, which form the backbone of the local civil service system. They have certain specificities in relation to employees in the general mode of labour relations, state and other public servants.

The institutional collapse of a once unique state SFR Yugoslavia at the beginning of the 1990s, devastated economy, hyperinflation, corruption and general tendencies contrary to the processes in developed countries, in a nutshell - the entire macroeconomic environment being unstable, - brought about the need for political, economic, social and institutional reforms in the Republic of Serbia. The reform, among other things, and for the study of the factual issues it is exceptionally significant, covered the system of resource distribution and jurisdiction between the central and subcentral levels of government. Numerous changes which then occurred in the last twenty years or so, and which are still going on, have influenced political and territorial polity of our country to become decentralized, as well as the financial and fiscal relations between the levels of the Establishment. In the spirit of reform commitments, Republic of Serbia brought in a new Constitution and adopted copious amounts of laws, whose ultimate intention was promoting the fiscal system that would be in accordance with the latest theoretical findings and examples of good practice. In the structure of territorial organization of Republic of Serbia, autonomous provinces as entities of territorial autonomy, and municipalities, towns and the city of Belgrade have been established, as entities of local self-governance. Otherwise, subcentral authority levels in our country are facing many and various challenges when it comes to creating government revenue which, in its original or transferred form, remains available, used to finance their government expenditure, a constant need for their abundance and suitability, and all in order to constitute financial autonomy, followed by methods of governing the economic development, as well as the volume and content of jurisdiction. Considering the fact that the distribution of resources amongst sub-central levels of government is preceded by the distribution of responsibilities, associated is the dilemma of which functions are realized more efficiently on a central and which on a subcentral level of government, and further, to what extent these lower levels are to be subservient to the central state, that is, in what sense independent. In that matter, it is essential to establish the extent of the realized fiscal decentralization, since depending on that degree, fiscal power is delegated to subcentral levels, the performance of public services is more efficient and is in accordance with priorities and preferences of citizens, which is also a precondition of successful functioning of all the segments of the public sector and widespread democratization of a society.

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.

The monetary policy of Bosnia and Herzegovina is rather limited because it is based on the principles of a currency board characterized by the impossibility of implementing the basic monetary policy instruments in comparison with the monetary policy of the European Union. However, the constant presence of European integrations should point the need for a more drastic change in the monetary policy of Bosnia and Herzegovina. By entering the European Monetary Union (EMU), the monetary territory of Bosnia and Herzegovina will become one of the branches of the European Central Bank (ECB). In addition, it is not difficult to conclude why the Law about the Central Bank of Bosnia and Herzegovina has been adopted with the first laws of the Dayton Agreement, if it is known that the largest part of the banking system, and therefore the financial market, is owned by foreign banks. This work will point out the significance of the Central Bank of Bosnia and Herzegovina, as one of the most important factors for maintaining the permanent liquidity of the banking sector in Bosnia and Herzegovina. The possibilities and limitations of the Central Bank of Bosnia and Herzegovina will be determined, with the assumption of macroeconomic sustainability over a longer period of time. The need of reforming the banking system in Bosnia and Herzegovina will be analyzed through the constant implementation of the Basel standards with the increasing participation of foreign banks in the Bosnia and Herzegovina. It will be determined the impact of the implementation of the Basel III in the banking industry in Bosnia and Herzegovina and its consequences on the banking and economic system.models, on the ways of financing the elimination of adverse consequences of natural disasters. ; Monetarna politika Bosne i Hercegovine je prilično ograničena, jer se temelji na principima valutnog odbora kojeg karakteriše nemogućnost sprovođenja osnovnih instrumenata monetarne politike u poređenju sa monetarnom politikom Evropske unije. Međutim, stalna prisutnost evropskih integracija bi trebala da ukaže na potrebu za drastičnijom promijenom monetarne politike Bosne i Hercegovine. Ulaskom u Evropsku monetarnu uniju, (EMU) monetarno područje Bosne i Hercegovine postaće jedna od filijala Evropske centralne banke (ECB). Pored toga, nije teško zaključiti zašto je među prvim zakonima od Dejtonskog sporazuma usvojen Zakon o Centralnoj banci Bosne i Hercegovine, ako se zna da je najveći dio bankarskog sistema, a time i finansijskog tržišta u vlasništvu stranih banaka. U radu će se ukazati na značaj Centralne banke BiH, kao jednog od najbitnijih faktora održavanja permanentne likvidnosti bankarskog sektora u Bosni i Hercegovini. Determinisaće se mogućnosti i ograničenja Centralne banke BiH, uz pretpostavku makroekonomske održivosti na duži vremenski period. Analiziraće se potreba reforme bankarskog sistema u Bosni i Hercegovini kroz stalnu implementaciju Bazelskih standarda uz sve veće učešće stranih banaka u finansijskom sistemu BiH. Odrediće se uticaj implementacije bazela III u bankarstvo BiH i njegove posljedice na bankarski i ekonomski sistem.