ПРЕБИВАЛИШТЕ ГРАЂАНА У РЕПУБЛИЦИ СРБИЈИ – ПРАВНИ ОКВИР И ДИЛЕМЕ У ВЕЗИ СА ОСТВАРИВАЊЕМ БИРАЧКОГ ПРАВА
RESIDENCE OF CITIZENS IN THE REPUBLIC OF SERBIA –LEGAL FRAMEWORK AND DILEMMA RELATED TO THE EXERCISE OF THE RIGHT TO VOTE

Summary/Abstract: The aim of the paper is to point out the importance of the right to residence, which, according to a decision of the Constitutional Court of Serbia, represents the most important prerequisite for the exercise of individual rights, such as the right to vote, the right to social assistance and others, as well as for the fulfillment of individual duties. Therefore, in administrative procedures related to residence, the factual situation must be accurately and completely determined, in accordance with the principle of truth. However, in the application of the legislative framework in the Republic of Serbia, certain difficulties are noticeable in administrative and administrative court practice related to the difficulty of proving the existence of a person’s intention to permanently settle in one place. In addition to the analysis of this problem, the determination of residence will be linked to the current issue of the exercise of the right to vote, specifically through the question of whether the passivization of residence in the Republic of Serbia leads to automatic deletion from the voter list. When considering these issues, the dogmatic method will be used primarily.

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