ПОЛОЖАЈ ВОЈСКЕ У ВАЖЕЋЕМ ПРАВНОМ ПОРЕТКУ РЕПУБЛИКЕ СРБИЈЕ
THE POSITION OF THE ARMED FORCES IN THE CURRENT LEGAL ORDER OF THE REPUBLIC OF SERBIA

Summary/Abstract: This article consists of two parts. The first part of the paper analyses the concept, significance and functions of the Constitution, which are necessary for further understanding of the position of the armed forces in the Constitution of the Republic of Serbia of 2006, as the highest general legal act of our state, which regulates the foundations of its state and social order, and consequently the armed forces as a key constitutional institution for the defence of the state and the protection of its sovereignty, territorial integrity and legal order. Our proposals for constitutional amendments in the part concerning the armed forces are also defined. In the second part of the paper, based on the previously established constitutional and legal framework of the armed forces and their position, the relevant legal framework is presented, specifying the precise position of the armed forces in the system of the rule of law in the Republic of Serbia, followed by some proposals for improving the existing legal norms concerning the subject matter in question.The aim of this paper is, on the basis of the existing legal framework, namely constitutional and legislative solutions, to provide our opinion as to whether the subject matter has been adequately and sufficiently defined, and to propose concrete solutions and the direction of future changes if we consider it necessary to amend or supplement the constitutional and legal framework governing the armed forces and their position in our state.

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