СЛОБОДА ИЗРАЖАВАЊА У ЛЕГИСЛАТИВИ И ПРАКСИ У БИХ

Author(s): Ljiljana Mijović / Language(s): Serbian Issue: 51/2018

This paper deals with the analysis of normative framework and case-law regarding freedom of expression, defined by Art. 10 of the European Convention on Human Rights and the existing relation between freedom of expression and other rights provided by the Convention in Bosnia and Herzegovina. Related to that, the emphasis is placed on freedom of the media in general, balancing opposite rights mechanisms, defamation, protection of sources, and, as an issue that is getting very important, legal status of whistleblowers.

УРЕДБА КАО ОБЛИК НОРМАТИВНЕ ДЈЕЛАТНОСТИ ИЗВРШНЕ ВЛАСТИ

Author(s): Milan Pilipović / Language(s): Serbian Issue: 51/2018

In modern states normative function is divided between legislative and executive power. In view of the question of conditions under which executive power performs normative function, i.e. passes general legal acts and types of acts, it should be noted that executive power, represents a power with its own constitutional functions and authorities for the performance of those functions. A regulation is a basic form of normative activity of the executive power, its typical, and, at the same time, most important general legal act. In defining the concept of decree, a number of different answers to some of the basic questions relevant for its determination can be found in legal literature and theory, with evident disagreement among theoreticians over certain issues, such as: legal nature of a regulation, the basis and area of regulation making body, and the qualification of regulations.

ОДЛУКЕ СУДА ПОВОДОМ ПРИГОВОРА ТРЕЋЕГ ЛИЦА

Author(s): Stefan Miškić / Language(s): Serbian Issue: 44/2022

A third party who claims that they have a right to prevent enforcement proceedings, according to the rules of the enforcement procedure, has the possibility of using legal means to protect their rights. The most prominent legal remedy used by a third party is the objection of a third party. By declaring the objection before the executive court, the procedure for the protection of the threatened rights of the third party is initiated, and the executive court renders a decision regarding the objection. Rulings by the executive court regarding the objection of a third party can be seen as decisions by which the objection of a third party is accepted, but also as rulings by which the objection of a third party is rejected or dismissed. Depending on the ruling of the executive court, the third party is affected by certain legal consequences, and these same consequences can have their effect and influence the very course of the executive procedure, regarding which the third party has filed an objection. This paper will analyze the rulings that the executive court can make regarding the legal remedy – objection of a third party, the consequences and changes that affect the third party whose right is threatened, as well as the parties in the enforcement procedure, but also what is the nemesis of the enforcement procedure, depending on the executive court’s ruling. The analysis of the current judicial practice will be carried out, then, by comparing the theoretical positions and judicial practice of the home state and surrounding countries made on the objection of a third party.

КОНВЕНЦИЈА О ЗАСТАРЈЕЛОСТИ ПОТРАЖИВАЊА У ОБЛАСТИ МЕЂУНАРОДНЕ ПРОДАЈЕ РОБЕ

Author(s): Vedrana Prole / Language(s): Serbian Issue: 43/2021

The Convention on the limitation period in the international sale of goods is a product of UNCITRAL's work and detailed research on the need for a supranational regulation that would uniquely regulate an issue that created major problems in transnational trade - the issue of obsolescence. In the Convention on the limitation period, obsolescence is defined as the period of time during which a party to an agreement on the international sale of goods must initiate legal proceedings against the other party in order to fulfill its claims under the contract or claims relating to breach, termination or invalidity. The Convention on the limitation period further prescribes rules on the termination and extension of the limitation period. Furthermore, the Convention on the limitation period stipulates that no claim shall be recognized or enforced in legal proceedings instituted after the expiry of the limitation period. Such emphasis shall not be taken into account unless invoked by the parties to the proceedings; however, states may declare that they do not consider themselves obliged to apply the provision of Art. 24 of the Convention. However, regardless of the expiration of the statute of limitations, each party may invoke its own claim and raise it against the other party as a means of defense or compensation.

Ochrona tajemnicy państwowej w Federacji Rosyjskiej. Wybrane regulacje karne i administracyjne

Author(s): Rafał Wądołowski / Language(s): Polish Issue: 24/2021

The article discusses the administrative regulations regarding the disclosure of secret and top-secret information in the Russian Federation. Moreover, it presents the effective penal code provisions directed against the disclosure of state secrets in Russia and the interpretation of these provisions. The author does not limit himself only to Russian constitutional, administrative and criminal regulations but gives examples of Polish corresponding laws. Additionally, in connection with the fact that criminal law provisions often contain non-specific references to other legislation, the article presents administrative acts of the protection system of public secrets. On the basis of the formulated conclusions, it was recognised that the Polish legislation lacks an individual provision penalising the fact of obtaining secret or top-secret information as a result of committing a separate unlawful act. It can be the basis to formulate postulates de lege ferenda. It should be noted that the article does not exhaust the topic, but only indicates selected issues of the protection system of state secrets in Russia. Initiated study can be used to carry out in-depth comparative research on this topic in the future.

Zakaz członkostwa w partii politycznej funkcjonariusza Agencji Bezpieczeństwa Wewnętrznego i Agencji Wywiadu oraz uczestnictwa w działalności tej partii lub na jej rzecz

Author(s): Paweł Gacek / Language(s): Polish Issue: 24/2021

This paper was entirely devoted to the issues connected with the prohibition of membership in a political party of an officer of the Internal Security Agency and Foreign Intelligence Agency and the participation in the activities of that party or on its behalf. This prohibition was established in Article 81 (1) of the Act of 24 May 2002 of the Internal Security Agency and Foreign Intelligence Agency. Public service requires the introduction of certain restrictions on the rights of officers in relation to the rest of members of society. Political neutrality guarantees proper implementation of the tasks and aims of this formation. There was indicated that aforementioned provision of Article 81 (1) of the Act of 24 May 2002 of the Internal Security Agency and Foreign Intelligence Agency contains two independent legal norms i.e. prohibition of membership in a political party and prohibition of participation in the activities of political party or on its behalf. Attention was therefore focused on indicating the limits of these prohibitions. In this aspect, the sphere of official behavior has been demarcated. There was also underlined that these limits in question do not violate the rights and freedoms guaranteed by the Polish Constitution.

УПРАВНОПРАВНИ АСПЕКТИ ЗАШТИТЕ КОНКУРЕНЦИЈЕ У БОСНИ И ХЕРЦЕГОВИНИ

Author(s): Bojan Vlaški / Language(s): Serbian Issue: 49/2016

Economic development is one of the basic preconditions for overcoming many difficulties, which Bosnia and Herzegovina has been facing the last two decades. Its realization depends largely on the effective protection of competition, which in Bosnia and Herzegovina provides the Competition Council as an autonomous body. The main instruments in activities of this body are of administrative legal character. Therefore, this paper discusses the administrative legal aspects of competition in Bosnia and Herzegovina. In this regard, it identifies the normative, organizational and human resources preconditions for the protection of competition, determines the basic forms of the protection of competition, and, in particular, analyzes the effects of the administrative procedural protection of competition in Bosnia and Herzegovina. Finally, on the basis of the analysis, the author presents specific proposals for future legal regulation of some important issues in the field of competition.

ПРАКСА УСТАВНОГ СУДА БОСНЕ И ХЕРЦЕГОВИНЕ

Author(s): / Language(s): Serbian Issue: 49/2016

УСПОСТАВЉАЊЕ И ОРГАНИЗАЦИЈА ЈЕДИНСТВЕНОГ ПАТЕНТНОГ СУДА

Author(s): Jelena Ćeranić / Language(s): Serbian Issue: 49/2016

The paper analyses the establishment and organization of a new judicial body for patent litigations in Europe – Unified Patent Court (UPC). After introductory notes with regard to attempts to introduce unitary patent protection system in the European Union, the first part of the article respresnts an overview to the history of establishment of the unified patent litigation system in Europe. The second part analyses the legal bases of the Unified Patent Court. The third part of the article is dedicated to the organization of the Unified Patent Court. The special attention is devoted to appointment of UPC judges, UPC structure and languages of the proceedings before the Unified Patent Court.

ЕЛЕМЕНТИ И СТРУКТУРА УГОВОРА О ФРАНШИЗИНГУ

Author(s): Milica J. Čizmovic / Language(s): Serbian Issue: 49/2016

The franchising agreement originated at the end of the nineteenth century in the United States and in European countries it use was noted only in mid-twentieth century. By applying it through their business, companies have recognized the possibility of making a profit with far less risk in relation to new business ventures that imply entering into a new, undeveloped and both to a market (and the users) unknown work that has to go through all the stages of acceptance. The franchising agreement is extremely complex agreement with elements of other classic and recent contract, which is often mistakenly both equated and replased with them. The modern legal instruments, whith whom franchising business legaly harmonize, represent the origination of the common law legal system. The franchising agreement formed by written agreement of the parties on the elements of economic cooperation covered by the contract in question. Uniformly concluded contracts provide the same legal position of all franchisees to each other and in relation with the franchiser, thereby preventing disputes among the participants on the occasion of the unilateral privileges of a franchisee. The necessity of the written form of franchising is generally accepted in legal literature, although there is no relevant legislation. The aim of scienticic work is to present the essential elements and the structure of franchise agreements, with particular reference to the specifics of the Anglo-Saxon legal technique that is reflected in the detailed regulation of all potentially predictable situations. The paper deals with the contractual clauses as the main form of presentation of contractual content, with special reference to the clauses governing the specific contractual obligations to make this agreement a contract sui generis.

ПРАКСА УСТАВНОГ СУДА БОСНЕ И ХЕРЦЕГОВИНЕ

Author(s): / Language(s): Serbian Issue: 47/2014

СУДСКА ПРАКСА УСТАВНОГ СУДА РЕПУБЛИКЕ СРПСКЕ

Author(s): / Language(s): Serbian Issue: 47/2014

ПРАКСА УСТАВНОГ СУДА БОСНЕ И ХЕРЦЕГОВИНЕ

Author(s): / Language(s): Serbian Issue: 48/2015

ПРАКСА УСТАВНОГ СУДА РЕПУБЛИКЕ СРПСКЕ

Author(s): / Language(s): Serbian Issue: 48/2015

Др Снежана Бркић КРИВИЧНО ПРОЦЕСНО ПРАВО II

Author(s): Miodrag N. Simović / Language(s): Serbian Issue: 48/2015

Review of: Др Снежана Бркић, КРИВИЧНО ПРОЦЕСНО ПРАВО II, треће измењено издање (Правни факултет Универзитета у Новом Саду, Нови Сад, 2013, стр. 348.)

Др Зоран Васиљевић ПРАВНА ТЕОРИЈА КРЕДИТА

Author(s): Branko Morait / Language(s): Serbian Issue: 48/2015

Review of: Др Зоран Васиљевић, ПРАВНА ТЕОРИЈА КРЕДИТА (Правни факултет Универзитета у Бањој Луци, Бања Лука 2013. стр. 375, 25 цм )

ПРОДУЖЕНО КРИВИЧНО ДЈЕЛО И НЕКИ ИНСТИТУТИ КРИВИЧНОГ ПРАВА

Author(s): Miodrag Bajic / Language(s): Serbian Issue: 48/2015

The author deals with the relationship between the continued criminal offense and some institutes of substantive and procedural law. The choice of these institutes and bringing them in connection with the institute of continued criminal offense is made on the basis of analysis of interconnections between the application of the institute of continued criminal offense and the latter institutes. Therefore, the author examines the relationship between the continued criminal offense and time validity of the criminal law, then the application of the principle of ne bis in idem in the case of a continued criminal offense, as well as the relationship between the continued criminal offense and institutes of statutes of limitation and amnesty. The author points out that it is the relationship between continued criminal offense and these institutes that reflects all the complexity of its application in practice, while the new legal solution for this institute in the Republic of Srpska aims to overcome these problems, but some dilemmas related to its application have not been fully resolved.

ОСВРТ НА ПРИМЈЕНУ ПОЈЕДИНИХ ОДРЕДАБА ЗАКОНА О ИЗВРШНОМ ПОСТУПКУ РЕПУБЛИКЕ СРПСКЕ – НЕКА СПОРНА ПИТАЊА У СУДСКОЈ ПРАКСИ

Author(s): Marko Majkić / Language(s): Serbian Issue: 42/2020

Enforcement proceedings as a procedure of forced realization of claims should be normatively, ie legally conceived in such a way as to ensure the forced realization of claims in the most efficient way. This procedure should provide legal entities as creditors with legal protection, which in the enforcement procedure received its full and final materialization. To this end, the legislator must take into account that the Law on Enforcement Procedure must not be viewed outside the context of the legal system as a whole, which means that the law cannot be enacted or interpreted and applied in isolation from other norms within the legal system. In other words, only the essential unity of the norms of executive procedural law with the norms of the Law on Civil Procedure that are appropriately applied in enforcement proceedings, and the norms of substantive regulations referred to by the Law on Enforcement Procedure with regard to substantive presumptions and consequences of enforcement, can be said about a system that provides efficient and complete legal protection. In this regard, in this paper we will critically look at certain provisions of the Law on Enforcement Procedure of the Republic of Srpska, and the provisions of other regulations relevant to the enforcement procedure, pointing out the doubts faced by the executive courts in interpreting and applying them. the aims of their reexamination and giving de lege ferenda proposals

УГОВОР О ФРАНШИЗИНГУ У НАЦРТУ ГРАЂАНСКОГ ЗАКОНИКА РЕПУБЛИКЕ СРБИЈЕ: ЈЕДАН ПОГЛЕД СА СТРАНЕ

Author(s): Strahinja Miljković / Language(s): Serbian Issue: 42/2020

Listening to the needs of the market, as well as the need to introduce this type of business into the legal framework, the editors of the future Civil Code of the Republic of Serbia, which is now in draft form, are legally standardizing the franchise agreement for the first time. Franchising as a method of the contractual investment business is present on the capital market of the Republic of Serbia, with the proviso that there are still unknowns regarding the content of the franchise agreement. In this paper, special attention will be paid to those provisions of the Draft that relate to a) the definition of the contract; b) the subject of the contract; c) registration of the contract; c) sub-franchising; d) the liability of the franchisor; and e) goodwill. Nevertheless, regardless of the views and the fact that there are objections to the legislation, the provision of franchise agreements in the Draft Code represents a significant contribution and a step towards the legal regulation of franchising agreements in the Republic of Serbia

ПРАКСА УСТАВНОГ СУДА РЕПУБЛИКЕ СРПСКЕ

Author(s): / Language(s): Serbian Issue: 42/2020