НАСТАНАК ЈУГОСЛОВЕНСКОГ ПРАВОСУДНОГ СИСТЕМА
THE ORIGINS OF THE YUGOSLAV JUDICIAL SYSTEM

Summary/Abstract: The Yugoslav judicial system took rife from a uniformed process of formation of the new Yugoslav state. Therefore, the creation of the Yugoslav judicial system cannot be comtemplated separately from the general courses and purposes of the revolution and the post-war making of Yugoslavia. The war judicature in Yugoslavia appeared as a necessity of the revolution and as an integral part of the revolutionary order. Therefore, although the judicature during the war appeared as a judiciary of the partisan units and national liberation committees, it was not only an organism of the National liberation war. Its nature and its character was determined too as a process in which the judiciary was also an agency of the socialist revolution. The nature of Yugoslav courts in the process of the liberation war and the revolution is just to be sought in their function, which was included in that uniformed process, which, as an essential question in Yugoslavia, was resolving the question of power.The purpose of a socialist revolution in Yugoslavia were expressed in the revolution norms, in its character and in its contents. The process of formation of a new Yugoslav state itself had necessarily, beside its other armed and political actions, to sanction its norms, too, to give them, with the time, a more and more legal character so to express them as legal norms. The Yugoslav judiciary was thus arising from the necessity and before and from the needs of the revolution and its purposes. Because of the conditions, the specificity and the character of the Yugoslav revolution, themselves, the process of the formation of the Yugoslav judiciary moved in two directions. At first, there was the creation of military, war, partisan courts in the framework of the armed part of the nation, the partisan units, and then, the National Liberation Army, and in the framework of the National liberation committees as the basic agencies of the people's power on the other side. The new agencies of a revolutionary judiciary had no legal continuity with the old judicial power's agencies of former Yugoslavia. Such a circumstance shows already that the historical way of the formation of the Yugoslav judicature has been mislaid in the judiciary function of a revolutionary order, which function during the war and the revolution materialized on one side as a war judiciary function (in the partisan units and the NLA), and on the other side, as a civil judiciary function or as a function of the common competence courts (in the framework of the National liberation committees). Thus, the historical way of the development of the Yugoslav judicature moved on in concert with the making of the whole and uniform pyramid of the people's power and state from below upwards. And as the whole revolutionary organism arised from the people, so the judiciary, too, during the revolution, was recruited, created from the society, from something that had to become a state and state power. The Yugoslav judicature began its function in the files of an armed and unarmed people, first of all as a social organism in the framework of the essential political purposes of the revolution. In such conditions the sources of a judiciary law during the Yugoslav revolution may be sought first of all in the political norms of the revolution, in the acts of the war-political agencies, in the instructions of the military and political forums as the organizers and the leaders of the liberation war and the revolution. The judiciary law sought, therefore, its source also in something that was not a legal norm. Its source had been also an empiricism of the revolution, i. e. the revolutionary practice. Accordingly, the appearance of the courts and the formation of a judiciary system, as we already pointed out, went not equally and contemporarily in the same way in all the provinces in Yugoslavia. The concrete conditions and circumstances in the different parts of Yugoslavia during the war exerted influence on a different and interesting practice of the Yugoslav judiciary, which with the and of the war and the complete liberation of the country begane to function as a shaped and uniformed judicial system.

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