Serbian Law in Transition – Changes and Challenges
Serbian Law in Transition – Changes and Challenges
Author(s): Monika Milošević
Subject(s): Politics / Political Sciences, Politics, Social Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Civil Law, Sociology, Government/Political systems, Security and defense, Crowd Psychology: Mass phenomena and political interactions, Law on Economics, Corruption - Transparency - Anti-Corruption
Published by: Institut za uporedno pravo
- Page Count: 365
- Publication Year: 2009
- Language: English
Suicide in a Changing Society
Suicide in a Changing Society
(Suicide in a Changing Society)
- Author(s):Branislava Knežić
- Language:English
- Subject(s):Labor relations, Economic policy, Politics and society, Social differentiation
- Page Range:11-28
- No. of Pages:18
- Keywords:social changes; hopelessness; suicide
- Summary/Abstract:Suicide does not choose neither civilization nor nation, neither class nor religion, and that problem has always been occupying the attention of science (anthropology, philosophy, law, psychiatry, psychology, sociology…), religion and arts. But still there is not enough knowledge about that phenomenon and probably we will never definitely find out why a man voluntarily renounces his life and resorts to the most (un)natural salvation. We can ask ourselves with Albert Camus: does deliberating on one’s own existence is at the same time its “undermining”? Considering the ”essential philosophical question” regardless of challenges surpasses the intention for writing this text, naturally limited by its heading and/or subject-matter. Consequently, its purpose is to offer a brief review of apparently trivial changes which were paid by the lives of those – as social psychologist would call them – not oriented toward the future. In fact, at issue here are the ones who, although entirely conscious and of common sense, renounced the life and to whom the changes have brought about disaster instead of salvation. It seems that they were unable or unwilling to adapt to social, political, economic, cultural and ethical changes that have taken place in our country during the past twenty or so years. We experienced, unfortunately, in comparison with others, much more serious changes, including considerable State and social “earthquakes”. And the voice of hope which usually comes down to promises is sometimes quick to betray, particularly when the life falls on the margin of survival and/or the border of the humanly possible.
Civil Service Reform in Serbia –Overcoming Implementation Challenges
Civil Service Reform in Serbia –Overcoming Implementation Challenges
(Civil Service Reform in Serbia –Overcoming Implementation Challenges)
- Author(s):Aleksandra Rabrenović, Zorica Vukašinović Radojičić
- Language:English
- Subject(s):Public Administration, EU-Accession / EU-DEvelopment
- Page Range:29-44
- No. of Pages:16
- Keywords:civil service reform; professionalisation; depoliticisation; European standards; human resource management; capacity building
- Summary/Abstract:Similar to other countries in the region, Serbia embarked on a process of comprehensive civil service reform over the past couple of years. The motivation for the reform has been the need to strengthen the civil service capacity, lessen political interference and improve the efficiency and effectiveness of civil service functioning. Following the passage of the Government Public Administration Strategy in 2004, two key pieces of legislation: Civil Service Law and Law on Civil Service Salaries were adopted in 2005 and 2006 respectively and their implementation commenced in mid 2006 and early 2007. The objective of the paper is to analyse key elements of new civil service legal framework and point out its main implementation challenges. The paper restricts itself to the following reform elements of civil service system – attempts to depoliticise and professionalise senior civil service cadre, enhance effectiveness and impartiality of recruitment and selection process, and make the civil service a more attractive employer through reform of its remuneration system. The authors argue that although important progress has been made in putting in place the civil service legislation which is in line with European standards, significant efforts need to be invested in order to implement and sustain this ambitious reform programme. The greatest challenges that lie ahead are ensuring the civil service professionalisation and competitiveness and creating an environment of trust, participation, shared values and objectives in which civil servants’ performance and talent will be able to be fully recognized and appreciated.
Law on Local Self-Government in Serbia
Law on Local Self-Government in Serbia
(Law on Local Self-Government in Serbia)
- Author(s):Oliver P. Nikolić
- Language:English
- Subject(s):Constitutional Law, Governance, Government/Political systems
- Page Range:45-60
- No. of Pages:16
- Keywords:Constitution; self-government; Serbia
- Summary/Abstract:The Law on Local Self-Government was adopted in December 2007 and is one of the four basic laws which regulate the legal framework of local self-government. Considering that the innovations introduced by the 2006 Constitution are not so numerous, the process of harmonising the Law on Local Self-Government with the constitutional changes was not difficult. The legislator used this opportunity to additionally modify some provisions, and practice will show whether all the new solutions have been successfully implemented. The most significant innovation introduced by this Law and based on the new Constitution is that the local self-government units have their own property and that it is managed independently by their respective bodies, which, as mentioned above, still awaits implementation.
The Serbian Labor Law Between the Established Legal Order and Chaotic Social Reality
The Serbian Labor Law Between the Established Legal Order and Chaotic Social Reality
(The Serbian Labor Law Between the Established Legal Order and Chaotic Social Reality)
- Author(s):Predrag Vukasović
- Language:English
- Subject(s):Constitutional Law, Civil Law, Labor relations
- Page Range:61-84
- No. of Pages:24
- Keywords:Labor Law; employer; employee; discrimination
- Summary/Abstract:The author tries to determine most important transitional peculiarities of Serbian Labor Law. It isn’t an exhaustive analysis of the entire legal text; the focus is only on basic concepts of Labor Law. Especially discussed are the definitions of employer and employee as main actors having to implement its provisions. Since the article has been written mainly for foreign readers, the extralegal circumstances decisively influencing the form and content of rules contained in Labor Law are shortly described in its introductory part. An analysis of the fundamental rights and duties of parties to work contract is also carried out. The practical importance and transitional character of legal provisions relating to the surplus of employees are singled out in the text. Rules prohibiting discrimination at work or relating the work are analyzed in more details suggesting their modernization potential. In conclusion, the author shows that there is a need for more radical revision of the analyzed legal solutions that have to be made conformant with basic postulates of market economy and socially responsible State.
Procedural Measures in the Reorganization of Bankruptcy Debtor in Serbian Legislation
Procedural Measures in the Reorganization of Bankruptcy Debtor in Serbian Legislation
(Procedural Measures in the Reorganization of Bankruptcy Debtor in Serbian Legislation)
- Author(s):Vladimir Čolović
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Political economy, Financial Markets
- Page Range:85-100
- No. of Pages:16
- Keywords:Reorganization; Reorganization Plan; forms of Reorganization; Bankruptcy Debtor; Creditors
- Summary/Abstract:The Proceedings of reorganization of the Bankruptcy Debtor represent a new start in this matter. After applying such proceedings, the Bankruptcy Debtor can continue his/her activities. The Reorganization Plan is the basic document of that Reorganization. The Bankruptcy Proceedings Act of the Republic of Serbia regulates many forms of Reorganization. Some of them are the main part of the Plan and include all possibilities for the continuation of the work of the Bankruptcy Debtor as well as solutions for payment of the Creditors' claims. Some of these forms include: keeping of all property of the Bankruptcy Debtor, sale of his/her property or transfer of the property for the settlement of the Creditors, closing some of the departments of the Bankruptcy Debtor or the change of Debtor’s activities, etc. As a rule, the Reorganization Plan consists of several forms of Reorganization. The Creditors decide on the Reorganization Plan, but the application of the Plan depends also on the status of the Bankruptcy Debtor.
Control of Concentration in the Republic of Serbia
Control of Concentration in the Republic of Serbia
(Control of Concentration in the Republic of Serbia)
- Author(s):Ivana Ž. Rakić
- Language:English
- Subject(s):Political economy, Law on Economics
- Page Range:101-128
- No. of Pages:28
- Keywords:control of concentrations; merger control; competiton law; protection of competition
- Summary/Abstract:This article deals with the existing provisions of the Law on Protection of Competition of 2009 concerning to the control of concentrations. Control of concentrations is relatively new feature of Serbian competition law since it was introduced in 2005 by adopting the previous Law on Protection of Competition. The basic principles of the previous regime have been maintained in the new Law, but with come changes from a procedural point of view. Prior control of concentrations is based on compulsory notification of concentrations before they are implemented, provided that such concentrations meet the specified thresholds of income. The notification requirements cover mergers, acquisitions of control and certain joint ventures. Concentrations are permissible, unless the Commission for protection of competition decides that they would prevent, restrict or distort competition on the relevant market. During the appraissal procedure, the Commission for protection of competition has a broad powers of investigation, as well as powers of directly imposing sanctions for distortions of competition and infringements of the Law.
The Consequences of Approaching the Economic System of the Republic of Serbia to the Market Economy Conditions – Introducing the Institute of Nuptial Agree Ment Into the Serbian Family Law
The Consequences of Approaching the Economic System of the Republic of Serbia to the Market Economy Conditions – Introducing the Institute of Nuptial Agree Ment Into the Serbian Family Law
(The Consequences of Approaching the Economic System of the Republic of Serbia to the Market Economy Conditions – Introducing the Institute of Nuptial Agree Ment Into the Serbian Family Law)
- Author(s):Monika Milošević
- Language:English
- Subject(s):Civil Law
- Page Range:129-137
- No. of Pages:9
- Keywords:Family Law; Prenuptial agreement;Postnuptial agreement
- Summary/Abstract:Family Law of the Republic of Serbia from 2005 introduces the possibility of closing nuptial agreements. Those agreements represent a novelty in the Serbian law. Before this law was passed, nuptial agreements had not been permitted, i.e. there had been no possibility to change the legal property regime. Joint property regime had been a compulsory property regime. The author of this article analyzes Art. 188. of the Family Law of the Republic of Serbia, which introduces the possibility for spouses or future spouses to regulate their property relations based on the existing or future property, in a way that suits their needs and interests, and she also examines at what extent is this agreement applied in Serbia.
Reform of Legal Framework Regulating Sports in the Republic of Serbia
Reform of Legal Framework Regulating Sports in the Republic of Serbia
(Reform of Legal Framework Regulating Sports in the Republic of Serbia)
- Author(s):Dejan Šuput
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics
- Page Range:139-156
- No. of Pages:18
- Keywords:sport; regulatory reform; legal framework; privatization; sports organizations
- Summary/Abstract:Within the ongoing Sports System reform process, The Republic of Serbia is faced with a new legal challenge that is both demanding and complex. This challenge can be viewed as a necessity to reorganize, modernize and strengthen the sports system and to adjust it to new legal and technical standards arising from modern sports practice, rules of international sports associations, Council of Europe conventions and relevant European Union regulations. Besides that, forthcoming privatization of sports organizations, public enterprises and sports facilities that are currently stately owned is a very specific and highly demanding legal and managerial problem. Legal ground for resolution of that problem should be provided by the provisions of the future law on sports which is currently being drafted. Generally speaking, legal framework regulating sports system and sports activities in the Republic of Serbia is a very interesting research topic, because of the variety of legal, organizational and financial problems that have to be solved in the forthcoming years, in order to organize and establish effective and efficient sports system which would support further development of sports in Serbia and recognize sports activities, not only as a fun and joy, but also as the branch of the economy of the country. Law on Sport which is currently in effect in Serbia is very obsolete, based on a concept of sport system established during the last decades of the 20th century. Because of that, in recent years, Government of the Republic of Serbia tried to draft a new Law on Sport, but the job has never been finished. For Serbia, at the moment of choosing the model for the sports system reform and the reform of legal framework regulating sports system and sports activities, the factor that must be, above all, taken into account is the constitutional/legal concept of the state itself and the experience of other countries in the region, as well as the best legal practice of the Western European countries in that field. New Law on Sport and other sports regulations in Serbia need to be brought into accord with European standards to pave the way for the country’s eventual integration into the European Union and the example of other transitional countries could be a clue for success.
Reform of Military Law in Serbia
Reform of Military Law in Serbia
(Reform of Military Law in Serbia)
- Author(s):Mario Reljanović
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Military policy
- Page Range:157-175
- No. of Pages:19
- Keywords:military law; legal reform of defense system; Euro-Atlantic integration process; international military cooperation; human rights of military personnel
- Summary/Abstract:Defense system in Serbia has developed significantly over the last decade. Transition and democratic change affected its very foundations, and it is reshaping into efficient and modern defense structure. Legislative changes are very important in this area – closer look at laws and proposed but never adopted acts during this process will show how hard is “to teach a bear to dance”.1 New legislative framework over last three years made a qualitative difference between the old army system and emerging shapes of the new one. Hence, the analyzed normative solutions will give a clear look at the modern military law concept in Serbia, and answer the question: how far did Serbia get on Euro-Atlantic path?
On the Way to the Law on Tax Advisors of the Republic of Serbia: Solutions Aplied in Republika Srpska, the Republic of Croatia and the Republic of Montenegro as Guidelines
On the Way to the Law on Tax Advisors of the Republic of Serbia: Solutions Aplied in Republika Srpska, the Republic of Croatia and the Republic of Montenegro as Guidelines
(On the Way to the Law on Tax Advisors of the Republic of Serbia: Solutions Aplied in Republika Srpska, the Republic of Croatia and the Republic of Montenegro as Guidelines)
- Author(s):Miloš Marković
- Language:English
- Subject(s):Law on Economics
- Page Range:177-190
- No. of Pages:14
- Keywords:Tax advisor; Tax advisory; Law on Tax Advisers
- Summary/Abstract:Tax adviser’s profession is presented by the Law on Tax Procedure and Tax Administration in 2002. The same law envisages that all specific questions from the domain of tax adviser’s profession will be regulated in detail by a special law. Unfortunately, such law has not been passed to this day. The aim of this work is to present and briefly comment in crucial places on the legislative solutions from this field, adopted by Republika Srpska, the Republic of Croatia and the Republic of Montenegro, which could also serve as a relevant guideline on the way to the Law on Tax Advisers of the Republic of Serbia.
Suppressing Tax Embezzlement in the Republic of Serbia
Suppressing Tax Embezzlement in the Republic of Serbia
(Suppressing Tax Embezzlement in the Republic of Serbia)
- Author(s):Dragan Jovašević
- Language:English
- Subject(s):Criminal Law, Public Law, Law on Economics
- Page Range:191-217
- No. of Pages:27
- Keywords:taxation system; taxes; evasion; criminal offence; liability; sanction
- Summary/Abstract:Since ancient times and up to the present, the matter of securing an orderly, lawful, well-timed and flawless functioning of the system of public revenues and expenditures has been rather significant for the State. Its basis is rooted in the fiscal system. As a matter of fact, the fiscal system and its orderly, well-timed, complete and flawless realization has a great impact on existence, survival and even development of the State itself. Consequently, it is understandable how important and necessary for the State is to oppose, by applying a wide range of various measures, means and ways as well as procedures, at all levels, the various kinds and types of failing to pay, concealing, failing to report or avoiding the payment of taxes, contributions and other dues that make the system of public tributes, i.e. public revenues. Violating the regulations in the fiscal system area may entail various damaging consequences. Depending on the kind of violation and/or damage caused in terms of its scope and intensity, or putting in danger of protected social values, the law has provided different sanctions while distinguishing between criminal offences or certain other kinds of violation. The most dangerous and most serious forms of transgressing tax laws, apt to inflict most serious consequences, i.e. considerable damage to the society as a whole, make the category of tax criminal offences, or criminal offences in the area of taxes. Specific among these offences in terms of its significance, scope and characteristics is the act of tax embezzlement as the most serious form of expression of tax evasion threatened in criminal legislation by prescribed penalties and other criminal sanctions. Consequently, the present article is dedicated to elaboration of the criminal offence of tax embezzlement and description of efforts of the Republic of Serbia aimed at efficient suppression of various forms and types of that criminal offence.
Some Causes of Corruption in Serbia
Some Causes of Corruption in Serbia
(Some Causes of Corruption in Serbia)
- Author(s):Jovan Ćirić
- Language:English
- Subject(s):Criminal Law, Corruption - Transparency - Anti-Corruption
- Page Range:219-234
- No. of Pages:16
- Keywords:crisis of morality; distrust in the judiciary; UN sanctions and blockade; corruption; Serbia
- Summary/Abstract:In this article, the author considers the different causes of corruption in Serbia. These causes may be divided in three groups. The first might be called: „Crisis of morality and basic social values in times of transition“. The second: „Distrust in the judiciary and the other government and basic social institutions“, and the third – „The state of necessity in times of war and the sanctions and blockade by the UN“. It is evident that the general public and especially mass media, in the last decade have emphasised some negative social heroes much more than heroes and values of the past.. In that sense, money and publicity became the basic values, no matter how they were achieved. That has caused excessive individualism and selfishness among the people, spoiling thus the social morality especially among the young generation – the biggest consumers of new mass media in Serbia. On the other hand, the so-called trials by media also became something rather common nowadays in Serbia and while the collective sense of justice is not properly satisfied, people usually think that the judiciary is corrupted. The perception of the corruption, generally speaking, in Serbia is overwhelming and it leads to the real corruption. It also has to be mentioned the third group of causes of corruption. The author treats the topic also from the aspect of the nineties when UN sanctions rather directly caused shortage of important goods, first of all gasoline, medicines and even food. In such circumstances for persons breaking the rules of law and the sanctions was not experienced in a negative sense. Some corruptive behaviour and the way of thinking were tolerated openly, since the survival of the nation was at stake. These negative ways of behaviour and thinking even obtained some kind of a legality in the moral sense.
The Compatibility of the Serbian Anti-Corruption Legal Framework With the Regional and International Standards
The Compatibility of the Serbian Anti-Corruption Legal Framework With the Regional and International Standards
(The Compatibility of the Serbian Anti-Corruption Legal Framework With the Regional and International Standards)
- Author(s):Vesna Ćorić
- Language:English
- Subject(s):Public Administration, Corruption - Transparency - Anti-Corruption
- Page Range:235-257
- No. of Pages:23
- Keywords:Anti-Corruption Agency; GRECO; Serbian National Strategy for Combating Corruption; anti-corruption reform; public procurement; corporate criminal liability; Transparency International Corruption Perce
- Summary/Abstract:The paper examines the measures that have been adopted to combat corruption on the road of Serbian transition and EU integration process with a particular emphasis placed on the most recent legislative and institutional developments in the fields of the public procurement, the corporate criminal liability, the Anti-Corruption Agency as well as other issues regulated by the Law on the AntiCorruption Agency. The paper also deals with the key players setting forth relevant anticorruption standards as well as with their respective monitoring mechanisms. The Serbian involvement in these mechanisms is discussed as well. However, the progress Serbia made in the course of the anticorruption reform will be predominantly assessed in the light of the Serbian compliance with the GRECO recommendations, as GRECO has the most developed and effective monitoring mechanism thus far.
Suppressing the Misuse of Narcotics New Dimensions in Narcotics Control
Suppressing the Misuse of Narcotics New Dimensions in Narcotics Control
(Suppressing the Misuse of Narcotics New Dimensions in Narcotics Control)
- Author(s):Dragana Petrović
- Language:English
- Subject(s):Criminal Law, Criminology, Substance abuse and addiction
- Page Range:259-283
- No. of Pages:25
- Keywords:misuse of narcotics; organized crime; unauthorized manufacture and trade; possession of narcotics for personal use; criminal liability; sanctions
- Summary/Abstract:Misuse of narcotics is more and more our reality and its explicit tendency is increasingly destructive against the existing state of affairs. More precisely, negative consequences of use of narcotics as well as of crimes connected to them, and particularly the organized crime, are spreading around the globe assuming disastrous dimensions. In spite of the fact that international community has reacted to the situation with a determined strategy applying coordinated instruments in the struggle against the misuse of narcotics, the negative trend still continues. There is no doubt that states invest considerable efforts and enormous resources to put under control this negative social phenomenon. Approaches in that respect differ from country to country due to numerous and variable factors (economic, social, cultural…). The question is: repressive or liberal methods? Special attention in the present paper is paid to the explanation, i.e. monitoring and evaluation of appropriate modalities in preventing and suppressing that negative phenomenon. The optics used are, in a way, the September 2009 Law on amending the Criminal Law, and several more important concept innovations (or those implicitly based on a theoretical conception) as well as criticism of certain new incriminations specified in that Law.
Problems of Private Security in Serbia
Problems of Private Security in Serbia
(Problems of Private Security in Serbia)
- Author(s):Milan Milošević
- Language:English
- Subject(s):Criminal Law, Civil Law, Security and defense
- Page Range:285-293
- No. of Pages:8
- Keywords:private security; legal framework; Serbia
- Summary/Abstract:In Serbia there is no legal regulation concerning private security system. On the other hand there are many private organizations which deal with the private security. So, there are many problems in that field, including problems of conflict of interests. The author is talking about that in this article.
New Border Security Concept of the Republic of Serbia – Meeting European Standards of National and International Security
New Border Security Concept of the Republic of Serbia – Meeting European Standards of National and International Security
(New Border Security Concept of the Republic of Serbia – Meeting European Standards of National and International Security)
- Author(s):Saša Miljković, Dragan Savić
- Language:English
- Subject(s):Security and defense
- Page Range:295-314
- No. of Pages:9
- Keywords:state border security; Republic of Serbia; European Union; national security; international security; transnational security threats
- Summary/Abstract:Instability and poor security conditions marked the last decade of 20th century, including political, normative, economic, social and moral crisis of society, as well as the geographical position and international transport routes, which go across its territory, made Serbia a very important factor of global criminal network. It proved to be that the traditional military security concept of state border with military patrols and checkpoints is not efficient. Therefore, it was replaced by the “European model” of integrated management of state border performed by several subjects of security. Implementing the proper high standards of outside border control of European Union, the Republic of Serbia shows readiness for implementing the Agreement of Security and Integration. Also, it is ready for improving the regional security and for reliable partnership with European Union in border control. That is the investment in future membership with EU, but also in the security of our citizens, international transport and international exchange of goods and services. At the same time, that is very important for national security of the Republic of Serbia, which will more efficiently deal with transnational security threats and contribute to international security. The thesis in the present text considers the position of Serbia relating to actual transnational security threats, as well as the principles of organizing, subjects, constitutional law and political and strategic basis of the new security border concept of the RS.
Forms of International Police Co-Operation in the Terms of Transition in the Western Balkans
Forms of International Police Co-Operation in the Terms of Transition in the Western Balkans
(Forms of International Police Co-Operation in the Terms of Transition in the Western Balkans)
- Author(s):Dragan Đukanović, Zvonimir M. Ivanović, Sergej Uljanov
- Language:English
- Subject(s):Human Rights and Humanitarian Law, International relations/trade, Security and defense, Criminology
- Page Range:315-336
- No. of Pages:22
- Keywords:transitional processes; police co-operation; trafficking in human beings; child sexual abuse; INTERPOL; EUROPOL; cyber child pornography
- Summary/Abstract:In this paper authors are trying to present transitional problems and boosts in the international police cooperation. In this endeavor they are giving at large presentations of key figures in this field, as like INTERPOL, EUROPOL, SECI center with a specific connection in two specific areas. Those are trafficking in human beings and sexual exploitation of children, especially in the field of abusing internet resources. With representation of resources of mentioned organizations, and their special forces in the named field, the authors are trying to connect some loose ends, existing in our courtyard displayed in the Serbian legislation in the matter. In this project they are giving some directions presented by key organizations in the field, and what is very interesting the one can see the discrepancies in acting by this directions. The bottom line is that we have to engage much more action in reflecting these directions, and to become one working wheel in this type of the machine for combating the crime.
Trigger Events – Vasa Miskin Street, Markale, Rachak
Trigger Events – Vasa Miskin Street, Markale, Rachak
(Trigger Events – Vasa Miskin Street, Markale, Rachak)
- Author(s):Slobodan Vuković
- Language:English
- Subject(s):Media studies, Politics and communication
- Page Range:337-356
- No. of Pages:20
- Keywords:media; anti-serbian propaganda; negative image
- Summary/Abstract:This article is a part of one big study – monography that was written by Slobodan Vuković : „The Ethics of the Western Media“. In that book the Anti-Serbian propaganda and the hate speech against Serbs, that were charactersisticof the preceding two decades, are analyzed. But, someone could ask why this text is here and what is the connection between the transition and the Anti-Serbian propaganda that was dominant in the Western world and in the Western media. We think that for the Serbian transition not only wars, criminality, corruption, suicides, social anomy, chaotic social reality, unemployment, depression of the people, new laws are characteristic, but also the negative image of Serbs constructed in the Western media. That negative image had and still has a big and important influence on our transition, on our social reality, on the psychology of those who have contacts with Serbs and on the psychology of Serbs also. Due to that negative false image, Serbia was bombarded ten years ago and that had many other negative social, legal and psychological consequences, such as the criminality, „Vietnam syndrom“, suicides and many other things. In some way, thanks to that fabricated negative image, Serbia is more distant from Europe than other countries of the region.That negative image also had an impact on the foreign investments. So, consequently, we decided to include this text in this book about the Serbian law in transition.
European Level of Serbian Medieval Legislation
European Level of Serbian Medieval Legislation
(European Level of Serbian Medieval Legislation)
- Author(s):Đurica Krstić
- Language:English
- Subject(s):History of Law, Political history, 13th to 14th Centuries
- Page Range:357-365
- No. of Pages:9
- Keywords:medieval Serbian law; high level of legal development; unification; rights and duties of population strata; Byzantine law; sources of law
- Summary/Abstract:A legislative Act and the most significant legal monument of Serbian medieval history – Code of Tsar Stephan Dushan was enacted in 1349 and amended in 1954. Its original has never been found, but some twenty five transcriptions in different editions were by now known to our history of law. The oldest ones are the Struga and Prizren copies. For decades this monument has been and still is the subject of research both in the country and abroad. Emperor Stephan Dushan was probably the most powerful rulers in Europe of his time, with real prospects of taking Constantinople and inheriting thus the declining Byzantine Empire. This position involved also his imperial duty to introduce peace and order in ethnically and religiously different countries under his rule. This had to be achieved by legal unification on the grand model of Byzantine law which has in this way definitely introduced in the foundations of Serbian medieval law. The Code is a complementary act completing and refining the existing system, providing a unified basis for regulation. Its content is a genuine indication of high level of legal and general culture of Serbian medieval State, reflecting also economic conditions and developed relations of Dushan’s Empire in all aspects of life. In a way it is a written proof of the rise of State which, unfortunately, did not continue due to sudden death of Stephan Dushan in 1355. Included in the Code are the following matters: position of Church as a crucial factor of State order with provisions of constitutional character, rights and obligations of feudal aristocracy and dependent layers of population, State order and economy, inheritance and particularly, system of penalties, procedure and administration of justice emphasizing the rule of law in most modern sense of the word, civil law matters, etc.