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In this paper, the author points to the outdated textbook classification of states into three groups, according to whether they have carried out the codification of administrative procedure or not. The first group includes the states that have administrative procedures fully codified. The second group comprises the states with the so-called mixed systems, which have uncodified procedural regulations related to the administration, while the third group contains a few states that do not have administrative procedural regulations at all. The author analyzes recent changes in this highly dynamic field in order to specify general patterns, common characteristics and peculiarities of regulations of general administrative procedure in contemporary states. The paper especially points to the general acceptance of the concept of administrative act but also underscores the differences in its content in various legal systems. The author has identified and analyzed some smaller standalone trends, such as: the increasing complexity of administrative procedures along the lines of judicial procedures, and the most recent deviations from this trend; the increasing presence of administrative contracting and other forms of alternative dispute resolutions of administrative matters; and the growing insistence on the principle of citizens' participation in administrative proceedings. The goal of the analysis is to determine the degree of influence of the Global and European administrative law on the national regulations, to explore the activities of certain expert organizations bringing together a number of experts in the field of comparative administrative law, and to discuss the course of the latest regulations in this area.

After the Lisbon Treaty has entered into force, the process of concluding treaties between the EU and third countries or international organizations has sustained significant changes. The most important procedural novelty is the establishment of the ordinary procedure that covers almost all agreements the EU concludes with third parties. Under the Lisbon Treaty, this procedure involves a number of stages: negotiations, signing the agreement, and decision to conclude the agreement. For agreements whose subject matter exclusively or predominantly falls into the domain of common foreign and security policy, there are several derogations from the uniform rules of the ordinary procedure. The same provision of the founding treaty regulates the procedures for amending and suspending the agreement in force, as well as the judicial control procedure of those agreements that are yet to be concluded. The ordinary procedure does not cover two subject-specific proceedings pertaining to relatively narrow areas of EU action. More specifically, they refer to the conclusion of agreements in the area of common trade policy and agreements on the exchange rate of the Euro against the currencies of non-member states. The exclusion of trade agreements is probably the result of the differences that still exist in the division of competencies between the Member States and the EU regarding trade in the area of some services. On the other hand, the enactment of a special procedure for agreements on the Euro exchange rate in relation to the national currency rates of third countries stems from the need to ensure the Union's unique position in this field. On the institutional level, the most important actors in the process of concluding EU agreements are the Council, the Commission and the European Parliament. The Council has retained the central role in all types of treaty procedures, and it decides on essential issues related to the course and outcome of the process. The Commission has retained the major role in initiating and negotiating the agreements, but it is no longer the exclusive initiator and negotiator in the agreement process. Namely, depending on the subject of the treaty, new entrants in that role are the High Representative for Foreign Affairs and Security Policy, and the European Central Bank. The European Parliament has strengthened its position in the procedure for concluding EU agreements and can, therefore, be considered the largest 'net' winner of the Lisbon Treaty reform. This is partly due to its new role in the course of negotiations, which implies the right to be immediately and fully informed about all stages of the proceedings, but to a much greater extent it refers to the powers that this body has in the final stage preceding the conclusion of the agreement. Finally, the EU Court of Justice has an important role in this process; its task is to control the compliance of the EU agreements with the founding treaties prior to their conclusion.

The paper analyzes the regulation of the institute of the test procedure, especially institutes simplified procedure, as well as administrative actions to the decision in the Law on Administrative Procedure of the Republic of Srpska. Specially processed actions authorized officials in this part of the administrative procedure, which can take place to resolve the administrative matter.Thus, first, in the preamble emphasizes the importance that arranging direct solving has to conduct efficient and cost-effective administrative procedures. In the central part of the shortened institutes and special examination procedures are analyzed in detail, with particular attention paid compared institute immediate resolution of the Institute a summary procedure . In conclusion, the paper briefly discusses the work point out the basic problems and theses, and stresses the duty of officials and that when immediate resolution of protecting the rights of the parties.

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.

Local government is a complex system of management (Holding Company) that directly provides various services to the local community or operates a service delivery system, of a "higher" managerial (political, economic, social) level. The services provided in local government are very numerous and different in character. In this multitude of services, utilities can be considered as the local government services in the narrow sense. Utilities are services provided by local governments that meet the needs and interests of citizens and organizations. All utilities are, in fact, activities providing utilities, that is, services provided by local governments, through their bodies, organizations and services. The actions that implement these utilities are expertly technical actions and procedures, but what precedes the undertaking of these utilities is determined by the General Administrative Procedures Act (GAPA). Therefore, the provision of public utilities has its own expert and technical aspect, as well as administrative, which accompanies it before, during and after, in terms of utility services management. The optimization of administrative procedures has become an important goal of administrative reform in many countries and involves a number of measures. What is primary is determining administrative costs and burdens, which are a significant barrier to business as well as meeting citizens' daily needs. After enlisting of the administrative procedures, it is necessary to analyze and then optimize the administrative procedures related to communal services, in order to determine which procedures need to be simplified and which should be abolished. After the analysis has been carried out, the proposal will be prepared for the amendment, or simplification of administrative procedures, as well as the eventual abolition of those that are unnecessary. ; Published

Криминалистичко-полицијска академија и Фондација Ханс Зајдел, уз подршку Мини-старства унутрашњих послова Републике Србије и Министарства просвете, науке и тех-нолошког развоја Републике Србије, пети, јубиларни пут организују научно-стручни скуп са међународним учешћем "Насиље у Србији – узроци, облици, последице и друштвене реакције".Зборник садржи 77 радова, чији су аутори еминентни стручњаци из области права, без-бедности, криминалистике, полицијских наука, форензике, као и припадници националног система безбедности који учествују у едукацији припадника полиције, војске и других служ-би из Велике Британије, Италије, Словачке, Пољске, Белорусије, Албаније, Словеније, Хрват-ске, Македоније, Републике Српске, Федерације БиХ и Србије.Радови су рецензирани од стране компетентних стручњака и садрже приказ савремених тенденција у развоју система полицијског образовања, савремених концепата безбедности и криминалистике, као и анализу активности правне државе у спречавању и сузбијању криминалитета, стања и кретања у овим областима, али и предлоге за њихово системско превазилажење у оквиру међународне полицијске сарадње.

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.

T eorija društvenog izbora postavlja značajan izazov pred teoriju demokratije. Erouova teorema mogućnosti pokazuje da nije moguće istovremeno da budu zadovoljeni neki normativni uslovi u pogledu procedure glasanja koji garantuju da je ona fer i da ishod glasanja bude koherentan. Ovaj rezultat dovodi u pitanje normativnu opravdanost demokratije u onoj meri u kojoj se ona zasniva na proceduri glasanja. Kao jedan od mogućih puteva za rešenje Erouovog problema predložen je uslov jednovršnosti u pogledu poredaka preferencija. U ovom radu bavićemo se pitanjem u kojoj meri koncepcija deliberativne demokratije može da doprinese postizanju jednovršnosti koja potom garantuje koherentan društveni izbor. U tom kontekstu posebno ćemo istražiti tezu da javna deliberacija dovodi do metasaglasnosti koja potom može da implicira jednovršnost. Ovoj tezi pristupićemo ispitujući njenu empirijsku i normativnu adekvatnost. ; T he social choice theory presents a significant challenge to democratic theory. Arrow's impossibility theorem shows that it is not possible for some normative conditions – regarding the voting procedure guaranteeing its fairness and that the outcome of voting be coherent – to be satisfied at the same time. This brings into question normative justification of democracy to the degree to which it is based on the voting procedure. The single-peakedness condition was proposed as one of the possible ways to solve the Arrow's problem. In this paper we will explore to what extent the conception of deliberative democracy may contribute to achievement of single-peakedness which subsequently guarantees coherent social choice. In this context we will particularly explore the thesis that public deliberation leads to meta-agreement which might subsequently imply single-peakedness. We approach this thesis by probing its empirical and normative adequacy.

Cilj ove doktorske disertacije jeste da pruži argumente u prilog epistemičkog opravdanja demokratije. Tvrdićemo da zbog toga što čisto proceduralno opravdanje definiše autoritet i legitimnost demokratije samo u odnosu na pravičnost same procedure, ono ne može biti adekvatno objašnjenje za sve ono do čega nam je u demokratiji istinski stalo. Ljudima je u demokratiji veoma važan i sam ishod demokratskog procesa. Legitimost demokratske procedure, dakle, zavisi i od kvaliteta odluka koje ta procedura proizvodi. Uspon epistemičkih teorija o demokratiji je u skladu sa porastom popularnosti ideje o "mudrosti gomile" koju pronalazimo u različitim oblastima istraživanja. Zbog toga ćemo se osvrnuti na razvoj i rezultate organizacione teorije i predstaviti psihološke nalaze o kapacitetima ljudskog rasuđivanja. Instrumentalne ili epistemičke teorije tvrde da je demokratija legitimna ako i samo ako ima tendenciju da nas dovede do "dobrih" ili "istinitih" političkih odluka. Tvrdićemo da ono što omogućava da demokratsko odlučivanje, pod određenim uslovima, ima veću epistemičku vrednost od alternativnih formi odlučivanja jeste postojanje kognitivne raznovrsnosti unutar grupe koja donosi političke odluke. Pružićemo teorijske i empirijske argumente u prilog epistemičke vrednosti kolektivnog, demokratkog donošenja odluka. Ukazaćemo na značaj političkih institucija koje mogu da omoguće prisustvo kognitivne raznovrsnosti i povećaju nivo pojedinačne kompetencije opšte javnosti. Takođe ćemo tvrditi da je neophodno kombinovati deliberativnu i agregativnu metodu, i to upravo tim redosledom, s obzirom da i jedna i druga imaju važne epistemičke karakteristike. ; The aim of this doctoral dissertation is to provide arguments in support of the epistemic justification of democracy. We will argue that because a purely procedural justification defines the authority and legitimacy of democracy only in relation to the fairness of the procedure itself, it can not be an adequate explanation for all the things we really care about in democracy. The outcome of the democratic process itself is very important to people in democracy. The legitimacy of a democratic procedure, therefore, depends on the quality of the decisions that this procedure produces. The rise of epistemic theories about democracy is in line with the increasing popularity of the idea of the "wisdom of the crowds" that we find in various fields of research. Therefore, we will look at the development and results of organizational theory and present psychological findings about human reasoning capacities. Instrumental or epistemic theories claim that democracy is legitimate if and only if it has a tendency to lead us to "good" or "true" political decisions. We will argue that what allows democratic decision-making, under certain conditions, to have a higher epistemic value than alternative forms of decision-making is the existence of the cognitive diversity of a group that makes political decisions. We will provide theoretical and empirical arguments in favor of the epistemic value of collective, democratic decision-making. We will point out the importance of political institutions that can enable the presence of cognitive diversity and increase the level of individual competence of the general public. We will also argue that it is necessary to combine a deliberative and aggregative method, precisely in this order, given that both of them have important epistemic characteristics.

Cilj ove doktorske disertacije jeste da pruži argumente u prilog epistemičkog opravdanja demokratije. Tvrdićemo da zbog toga što čisto proceduralno opravdanje definiše autoritet i legitimnost demokratije samo u odnosu na pravičnost same procedure, ono ne može biti adekvatno objašnjenje za sve ono do čega nam je u demokratiji istinski stalo. Ljudima je u demokratiji veoma važan i sam ishod demokratskog procesa. Legitimost demokratske procedure, dakle, zavisi i od kvaliteta odluka koje ta procedura proizvodi. Uspon epistemičkih teorija o demokratiji je u skladu sa porastom popularnosti ideje o "mudrosti gomile" koju pronalazimo u različitim oblastima istraživanja. Zbog toga ćemo se osvrnuti na razvoj i rezultate organizacione teorije i predstaviti psihološke nalaze o kapacitetima ljudskog rasuđivanja. Instrumentalne ili epistemičke teorije tvrde da je demokratija legitimna ako i samo ako ima tendenciju da nas dovede do "dobrih" ili "istinitih" političkih odluka. Tvrdićemo da ono što omogućava da demokratsko odlučivanje, pod određenim uslovima, ima veću epistemičku vrednost od alternativnih formi odlučivanja jeste postojanje kognitivne raznovrsnosti unutar grupe koja donosi političke odluke. Pružićemo teorijske i empirijske argumente u prilog epistemičke vrednosti kolektivnog, demokratkog donošenja odluka. Ukazaćemo na značaj političkih institucija koje mogu da omoguće prisustvo kognitivne raznovrsnosti i povećaju nivo pojedinačne kompetencije opšte javnosti. Takođe ćemo tvrditi da je neophodno kombinovati deliberativnu i agregativnu metodu, i to upravo tim redosledom, s obzirom da i jedna i druga imaju važne epistemičke karakteristike. ; The aim of this doctoral dissertation is to provide arguments in support of the epistemic justification of democracy. We will argue that because a purely procedural justification defines the authority and legitimacy of democracy only in relation to the fairness of the procedure itself, it can not be an adequate explanation for all the things we really care about in democracy. The outcome of the democratic process itself is very important to people in democracy. The legitimacy of a democratic procedure, therefore, depends on the quality of the decisions that this procedure produces. The rise of epistemic theories about democracy is in line with the increasing popularity of the idea of the "wisdom of the crowds" that we find in various fields of research. Therefore, we will look at the development and results of organizational theory and present psychological findings about human reasoning capacities. Instrumental or epistemic theories claim that democracy is legitimate if and only if it has a tendency to lead us to "good" or "true" political decisions. We will argue that what allows democratic decision-making, under certain conditions, to have a higher epistemic value than alternative forms of decision-making is the existence of the cognitive diversity of a group that makes political decisions. We will provide theoretical and empirical arguments in favor of the epistemic value of collective, democratic decision-making. We will point out the importance of political institutions that can enable the presence of cognitive diversity and increase the level of individual competence of the general public. We will also argue that it is necessary to combine a deliberative and aggregative method, precisely in this order, given that both of them have important epistemic characteristics.

In Serbia, in the aftermath of 5 October 2000, the process of desecularization, including the revitalization of the Serbian Orthodox Church (SOC), overlapped with the democratization of its political institutions, as well as with the political and social pluralism. The desecularization of the Serbian society had already started in the socialist Yugoslavia, but the process itself intensified in the early period of political pluralism and establishment of the democratic political institutions. Is Orthodoxy compatible with democracy, viewed not only as the will of the majority or an election procedure, but also as a political culture of pluralism and rule of law? Is Orthodoxy possible as a "civic" church, in line with the European political tradition of democracy and pluralism? The author contends that the contemporary Orthodoxy, including the SOC, accepts globalization in its technical, technological and economic sense, with a parallel tendency towards cultural fragmentation. Thus one needs a consensus between the SOC, state and society in Serbia concerning the basic values, such as: democracy, civil society, pluralistic discourse, secular tolerance and individual human rights. ; In Serbia, in the aftermath of 5 October 2000, the process of desecularization, including the revitalization of the Serbian Orthodox Church (SOC), overlapped with the democratization of its political institutions, as well as with the political and social pluralism. The desecularization of the Serbian society had already started in the socialist Yugoslavia, but the process itself intensified in the early period of political pluralism and establishment of the democratic political institutions. Is Orthodoxy compatible with democracy, viewed not only as the will of the majority or an election procedure, but also as a political culture of pluralism and rule of law? Is Orthodoxy possible as a "civic" church, in line with the European political tradition of democracy and pluralism? The author contends that the contemporary Orthodoxy, including the SOC, accepts globalization in its technical, technological and economic sense, with a parallel tendency towards cultural fragmentation. Thus one needs a consensus between the SOC, state and society in Serbia concerning the basic values, such as: democracy, civil society, pluralistic discourse, secular tolerance and individual human rights.

Different parts of State territory on land, sea and in the airspace are explained first. The concept of territorial sovereignty is envisaged through principles of its all-inclusiveness and its exclusivity, subject to many exceptions and restrictions imposed either by rules of general international law or by specific treaty obligations that can be assumed by a State. The concept of State servitudes was not assimilated in the practice of international courts and tribunals. Besides, it can be the cause of some misconceptions and confusion in public international law. Within the explanation of territorial boundaries are discussed the so-called natural boundaries such as boundary rivers and lakes and mountain boundaries, as well as the artificial boundaries. Follow explanation of the principle of "uti possidetis, of procedures of fixing boundaries and of special legal scope of boundary treaties in international law. (SOI : PM: S. 74)

Corruption is considered to be a universal phenomenon as it is present in all countries, in all systems, and all the countries endeavor to suppress it, with more or less success. Corruption as an universal occurrence in the world is a particularly actual problem in the post-conflict countries which are also in transition (Serbia, B&H…). Processes of transition, privatization and the very process of creation of a state on completely new foundations, have favored expansion of corruption on all the levels and in all the areas of social life. Goal of this work was not to identify the negative or positive financial effects of privatization process or the necessity of social transition, but to point out to the shortcomings or misuses in the processes of privatization, either by the governmental bodies or by individuals, as well as to define the best privatization procedures and what should be done to reduce corruption in the privatization process.

Serbia's Law on Planning and Building has imposed the topics of energy efficiency in building sector, requiring adequate policy making and providing a starting point for improvement of the current situation in this field. Considering the fact that there are more than 3.200.000 housing units without any statistical classification a need arose for establishing a national building typology as a starting point for further decision making and appropriate activities definition regarding the existing housing stock.After joining EU TABULA (Typology Approach for Building Stock Energy Assessment) project, methodologies and approaches of the European countries have been analysed providing a common experience, at the same illustrating a need for identification and classification of local characteristics. In order to obtain adequate data a comprehensive survey has been conducted, providing a starting point for creation of typology. The National Typology has identified typical "model" buildings and defined the levels of improvement ranging from standard (according to the current law) to the low-energy level. The paper explains the methodology, procedures and local characteristics of the process and gives an insight in the activity describing the problems and potentials of the approach. ; Serbia's Law on Planning and Building has imposed the topics of energy efficiency in building sector, requiring adequate policy making and providing a starting point for improvement of the current situation in this field. Considering the fact that there are more than 3.200.000 housing units without any statistical classification a need arose for establishing a national building typology as a starting point for further decision making and appropriate activities definition regarding the existing housing stock.After joining EU TABULA (Typology Approach for Building Stock Energy Assessment) project, methodologies and approaches of the European countries have been analysed providing a common experience, at the same illustrating a need for identification and classification of local characteristics. In order to obtain adequate data a comprehensive survey has been conducted, providing a starting point for creation of typology. The National Typology has identified typical "model" buildings and defined the levels of improvement ranging from standard (according to the current law) to the low-energy level. The paper explains the methodology, procedures and local characteristics of the process and gives an insight in the activity describing the problems and potentials of the approach.