PRAVNI POLOŽAJ REPUBLIČKE UPRAVE U REPUBLICI SRPSKOJ
LEGAL STATUS OF THE REPUBLIC ADMINISTRATION IN THE REPUBLIC OF SRPSKA

Summary/Abstract: Determining the legal status of state administration is by no means simple. Every state encounters a range of factors that influence the nature and status of its state administration, including the form of governance, the form of state organization, the form of political order, the form of state power, traditions, customs, reform challenges, and many others. In addition to the above, it is necessary to consider the manner and principles of forming state administration bodies, as the established structure inevitably reflects on their functionality and most directly on the rights and obligations of citizens and the business community. The subject of this paper is the legal status of the republican administration in the Republic of Srpska. The Republic of Srpska has regulated the position of its republican administration by the constitution and prescribed it by law, which places it among modern democratic states regarding this matter. The paper provides a historical overview of the legislative status of the republican administration of the Republic of Srpska, ranging from the Law on State Administration from 1992, the Law on Ministries from 1992, the Law on Administrative Service in the Administration of the Republic of Srpska from 2002, as well as the Law on Republican Administration from 2008, up to the current Law on Republican Administration which has been in effect since 2018. Furthermore, the paper analyzes in detail the current models of administrative organizations in the Republic of Srpska, starting from the assumption that the existing legal framework has led to an inflation of seemingly different but very similar forms of administrative organization. It also argues that the Republic of Srpska, according to the latest legal solution, has entered the phase of “„agency-ification” of the republican administration in a somewhat specific way that deviates from the model present in the European Union. These specificities and deviations represent the subject of special attention in this paper. The predominant methods used in the work are content analysis, historical, comparative legal, and axiological methods.

• Details
• Contents