PROCEDURA ADMINISTRATIV - CONTRAVENȚIONALĂ

Author(s): Mihai Raul Secula / Language(s): English,Romanian Issue: 4/2020

The contravention procedure is a special part of the administrative law procedure considering the principles underlying its regulation and application. Specifically, the stages of the contravention procedure can be divided into three distinct stages: administrative, judicial and enforcement. In the administrative stage, the activity of ascertaining, individualizing and sanctioning the facts with a contravention character is circumscribed, an activity specific to the ascertaining agent and constitutes the most important phase of the contravention procedure. Moreover, in the conditions in which there are no problems regarding the legality and validity of the sanction and the offender voluntarily executes the ordered sanctions, the contravention liability is concluded in this phase.

КАТАСТАР ЗЕМЉИШТА ИЛИ КАТАСТАР НЕПОКРЕТНОСТИ

Author(s): Mališa Živanović / Language(s): Serbian Issue: 1-6/2000

It was only during the rule of Milos Obrenovic that geodetic activities began to develop in Serbia. Detailed measuring was initiated in 1889, the first regulation on land cadastre was adopted in 1928, and about 65% of the land in Serbia was measured by 1941. In the post-war period little was done in relation to cadastre, while much attention w'as paid to the restructuring of the geodetic service. This is the reason why the current cadastral survey is neither update nor accurate. First ideas concerning a unified data base appeared in 1918, but they were not accepted. A similar initiative was rejected again in 1945. There are two reasons for the reappearing of the proposal for unified data: the first lies in a tendency to subsume the decision-making process concerning immovable real rights under the mantle of a body which is influenced even more easily than the court, while the other lies in the interest of the Republic's Geodetic Institute to cover up the fact that the job, which had been paid for, was not completed. The abandoning of the land register was wrongly explained by saying that due to such a system land cadastre was not updated, while, in fact, it was due to land cadastre that land registers were not updated. The situation became even worse when the regulation on unified data was amended in 1992, resulting in centralizing all geodetic activities in one institute. The unified data volume achieved so far is intolerably small, which proves the unsuitability of the system. Inadequate regulations and a lack of leadership have made the geodetic development in Serbia lag well behind internationally recognized tendencies. It is thus necessary to reaffirm both the land cadastre and land register through new legislation, and to restructure the Republic's Geodetic Institute. Geodetic activities in Serbia should be primarily aimed at developing a comprehensive information system on space.

ОД КАТАСТРА ЗЕМЉИШТА ДО ТЗВ. ЈЕДИНСТВЕНЕ ЕВИДЕНЦИЈЕ!? (Суочавање са чињеницама)

Author(s): Milanko Buljugić / Language(s): Serbian Issue: 1-6/2000

Thе so-called unified data system has some irreparable conceptual faults which make its development impossible. Its being accepted as official is a result of long years of geodetic circles' endeavors to seize even those responsibilities for which they are not competent, as well as their need to conceal the fact that many jobs which the Republic's Geodetic Institute has been paid for have not been completed, and not a result of real interests and needs of the society. Land cadastre, as a basis for land register, began to turn into something else when the obligations of its adjustment with land register, as well as with the real situation in the field were omitted from the new Yugoslav legislation in 1953, and 1965 and 1967, respectively. Provisions prohibiting the registration of legally unfounded changes and the conditioning of the registration of change with the payment of tax have additionally contributed to a distortion of the aim of land cadastre, creating an illusion of its legal character. A significant flaw of the unified data system is the fact that data from the land cadastre are being now copied into it as legal ones, though they have no legal basis. The land cadastre, its not being up-to-date, and human resources in that area have been repeatedly criticized by the Assembly of the Republic of Serbia, and it is obvious that the introduction of the unified data system was not an objective need, but a clear and subjective interest of geodetic institutes which, having been paid for a job never completed, saw in it a way out. The Assembly of the Republic of Serbia agreed with the introducing of the new registering system only when the wife of the Assembly's president became the head of the Belgrade Geodetic Institute, due to some falsely presented data concerning the experimental application of the new system in a few cadastral municipalities. It is, therefore, proposed that the land cadastre, containing factual data, should be renewed, as well as the land register, containing legal data of immovables, handled by the court.

КАТАСТАР НЕПОКРЕТНОСТИ У СРБИЈИ: стање и тенденције развоја

Author(s): Manojlo Miladinović / Language(s): Serbian Issue: 1-6/2000

СИСТЕМ ЈЕДИНСТВЕНЕ ЕВИДЕНЦИЈЕ „ДИЛЕМЕ KOJE TO ВИШЕ НИСУ“

Author(s): Bogdan Bogdanović / Language(s): Serbian Issue: 1-6/2000

ЈЕДИНСТВЕНА ЕВИДЕНЦИЈА - НАПРЕДАН СИСТЕМ РЕГИСТРОВАЊА НЕПОКРЕТНОСТИ

Author(s): Jovan Stanojević / Language(s): Serbian Issue: 1-6/2000

ПРЕДЛОЗИ ЗА РЕАФИРМАЦИЈУ УПРАВНО-РАЧУНСКИХ СПОРОВА КАО ПОСЕБНЕ ВРСТЕ УПРАВНИХ СПОРОВА

Author(s): Miroslav Vrhovšek / Language(s): Serbian Issue: 4-6/1996

Within the scope of the legal system of the Federal Republic of Yugoslavia, the administrative-accounting proceedings represent a very specific area, which is reflected in the fact that it is through them, in point of fact, in the last instance (by the courts), that the control of the business dealing of legal persons is being exercised and that it is being carried out primarily in only one of its segments relative to the regularity of the fulfilment of the prescribed obligations of legal persons towards the state. On account of the variety of the obligations themselves it is only natural that this control is being exercised by various organs. In accordance with the appropriate constitutional provisions and laws of the Federal Republic of Yugoslavia, and member republics, the Republic of Serbia and the Republic of Montenegro, the assessment of the validity of control exercised by various organs has been placed under the jurisdiction ratione materiae of courts, whereas the assessment of the control exercised by those same organs relative to legal persons has been placed under the exclusive competence of commercial courts, established by the Law on the courts of the member republics, which is a quite satisfactory solution because the courts in question are those which directly apply rules regulating the economic system of a state. Notwithstanding this superficially viewed, clear legislative regulation of the court competence issues for conducting proceedings concerned with administrative-accounting proceedings, lately it has been observed that nonetheless the problem of the appropriate and adequate solution of that same issue has emerged in practice. It is precisely the changes of a series of rules regulating issues concerned with the institute of the administrative-accounting proceedings, that have imposed the question whether this institute still exists at all in the positive legal system. Hence is imposed the question whether there is a need for the above-mentioned institute to be regulated again, provided that it has been determined that the above-mentioned institute has been excluded from the positive legal regulations. From the analysis of the posed problem in this work ensues an indisputable conclusion that in the new law on the control of legality of the definitive administrative-accounting acts, to be issued by the competent organs, that are going to be established, de lege ferenda, the legislator will be obliged to regulate in a special way issues concerned with the institute of the administrative-accounting proceedings, either in a way in which it has been regulated in the regulations that have been in force so far or in some new way, but by all means in a way that would be appropriate to this significant area of our entire economy system, at the same time rendering possible the removal of the identified problem concerning regular determination of court competencies operating in the same area.

INCORPORATION OF COMPANIES IN SERBIA - THE SCOPE OF PRESENCE OF ELECTRONIC AND TRADITIONAL PROCEDURES

Author(s): Ljubica Nikolić / Language(s): English Issue: 1/2022

Increasing the investment activity of the existing companies and stimulating the incorporation of new companies is one of the factors of economic development. Many factors determine the scope of economic activity in a country, one of them is the procedure for incorporating economic entities. If we start from the assumption that the investor, domestic or foreign, has assessed the possibility of profiting in a specific economic environment, the first step in the realization of their business idea is the incorporation of their company. The legislation in Serbia provides an opportunity for a significant part of the procedure for incorporating business entities to be conducted electronically. Using this opportunity implies the knowledge of several laws related to the procedure for incorporation registration, as well as mastering new e-methods of communicating and running business. In this paper, we point out the normative solutions related to the e-registration of companies in Serbia and the problems in the practice that the founders encounter. E-registration of business entities entails the understanding of numerous e-instruments such as: e-documents, qualified e-signature, e-address, user applications, qualified e-time stamp and others. Memorandum of Association and other acts can be made in written or e-form, so the question arises whether all documents when forming a company can be in e-form and how an e-document can be materialized without losing legal force. Another legal obligation in our country, for some companies, is the e-records of beneficial owners. We will deal with these and other practical issues that the founders of companies in Serbia face in this paper.

О ПОТРЕБИ УВОЂЕЊА ПОСЕБНИХ УПРАВНИХ СУДОВА У НАШЕ ПРАВО

Author(s): Slavoljub Popović / Language(s): Serbian Issue: 4/1995

There are three systems in theory' and practice of organizing the control of administrative acts by state authorities: (i) deciding in administrative controversies within the administration itself; (ii) deciding by special administrative courts (so-called continental or European system); and (iii) deciding by the general jurisdiction courts. The examples of the first system are the one applied in the former Soviet Union and the institution of the judge-administrator, practiced at one time in France. Continental system is characterized by special administrative courts which are analyzed through the examples of France and Italy. The German system, somewhat different, is reviewed through the examples of Austria and Federal Republic of Germany. The Anglo-Saxon system is depicted through the practice and institution of judicial control of administrative acts in England and the United States. The subject matter is also treated concerning the old Yugoslavia, followed by treating legal position of administrative judiciary in the former Socialist Federal Republic of Yugoslavia and of jurisdiction of relevant corts in the present-day Federal Republic of Yugoslavia. The final part of the paper concerns the reasons for introducing special administrative courts in our legal system.

ТЕОРИЈСКИ ПОЈАМ УПРАВЕ

Author(s): Stevan Lilić / Language(s): Serbian Issue: 4/1995

Defining the theoretical concept of administrations is a complex methodological operation. Traditional doctrines define it from the aspect of political and legal viewpoints. However, modern approaces view it as a complex dynamic administrative system of social regulation. The overall economic and social development, particularly the wide scope of government intervention and legal regulation, show that managing administrative systems cannot be seen mealy as a marginal social activity based on the legalistic model of the administration. The social regulation that public administrative systems are engaged in have for themselves become fundamental social processes. In this aspect administrative social regulation form prerequisite premises for economic efficiency, cultural development and general social prosperity in highly developed industrial and urban environments.

О ПОЈМУ УПРАВНОГ СПОРА

Author(s): Dragan Milkov / Language(s): Serbian Issue: 5/1993

Administrative litigation is a kind of judicial control of administration. Its notion is determined in various ways in legal theory, so that it is not possible to provide an abstract and universal definition, which would be valid for all national systems. Differences in defining this notion stem out of various needs of individual countries, of different times and prevailing ideas in this matter, as well as out of attitude of specific authorities in legal literature. Greatest contribution in defining administrative litigation is effected by the authors of a country which has created this legal institute - France. They define it primarily in terms of public service. German authors, on the other hand, did not engage much in that problem, while general conception in that country involved referring to its subject matter, namely, administrative act. In Yugoslavia there is a statutory definition, according to which administrative litigation is a judicial procedure to settle the legality of and administrative act of a state agency, or a non-state subject carrying out public powers, and the one to decide on rights and duties in an administrative matter. Yugoslav theory of law has only attempted, while using the same elements of the above statutory definition, to determine the notion of administrative litigation in a simpler way (with some exceptions). Thus, administrative litigation may be defined in the simplest and most concise manner as a litigation concerning the legality of an administrative act before a court.

NIHIL OBSTAT – СРЕДЊОВЕКОВНЕ СТРАНПУТИЦЕ ВИСОКОГ ОБРАЗОВАЊА У СРБИЈИ

Author(s): Milan Vukomanović / Language(s): Serbian Issue: 2/2022

This work is an assessment of three topics considered in Dušan Rakitić’s article (Anali 1/2022). All three are relevant for the discussion of the disputed issue of the Holy Synod’s blessings for the appointment of theology professors at the University of Belgrade Faculty of Orthodox Theology: (a) legislation of the Kingdom of Yugoslavia; (b) the provisions of the 2006 Serbian Law on Churches and Religious Communities; (c) the constitutional principle of the cooperative separation of church and state in the Constitution of Serbia. Furthermore, the 2021 Law on Amendments to the Law on Higher Education is not in compliance with the Constitution of Serbia regarding the provisions implying the consent of church bodies for enrollment of students, employment and loss of appointment pertinent to the Faculty of Orthodox Theology.

УПРАВНИ ПОСТУПАК, ФИНАНСИЈСКА ПОЛИЦИЈА И ФИНАНСИЈСКИ НАДЗОР

Author(s): Stevan Lilić / Language(s): Serbian Issue: 6/1992

In the context of general post-socialist transformation of the political and constitutional system, the tax system of Serbia was reform in late 1991. Five tax laws were enforced,, with the motivation of inaugurating world (j.e. OECD) fax and revenue standards. One of the laws (regarding revenue payments) established two new fiscal agencies: namely the Republican Public Revenue Board (Republička uprava pruhoda) and the Fiscal Police (fmansijska policija). According to this new tax law, the Fiscal Police and the Fiscal Inspectors have, in executing their control functions, specific administrative authority, as they carry out their administrative function primarily in a procedure prescribed by the general administrative procedure act, according to the classical priciple of lex specialis derogat legi generali. Apart from generating numerous polemics critical analysis among experts in general, the establishment of the Fiscal Police with numerous administrative capacities (e.g. confiscation of goods, search of premises, document inspection etc.), have, in particular, provoked unsatisfactory' reactions from the press and General public.

УПРАВНО-РАЧУНСКИ СПОР КАО ПОСЕБАН УПРАВНИ СПОР

Author(s): D. Mihajlo Rabrenović / Language(s): Serbian Issue: 4/1991

ПРЕДМЕТ И ИЗВОРИ УПРАВНОГ ПРАВА: ДВА КОНЦЕПТУАЛНА ПИТАЊА

Author(s): Stevan Lilić / Language(s): Serbian Issue: 1-3/1991

Due to great social, economic, and technological changes in contemporary world, and more particularly in Eureope, Yugoslav theory of administrative law is also interested in two issues of conception. The first relates to the subject - matter and substance of administrative law, while the other, closely connected to the first one, to the sources of that branch of law. In contrast to contemporary trends in the development of administrative and administrative - law theory and practice (basically expressed by most eminent Yugoslav authors in this fiels -1. Krbek, N. Stjepanović, D. Denković, E. Pusić and others), some other Yugoslav authors (and more particularly P. Dimitrijević, R. Marković, Z. Tomić, Z. Jelić and others) propose the so - called narrow conception of the subject - matter of administrative law, according to which this discipline is reduced exclusively to the form of execution of power. These authors would like to return the administrative law to the »substance from the times of the creation of state capitalism’, namely of the end of the last and the beginning of the present century. The analysis of the narrow conception, however, shows not only its obsolescence as compared to the theories and real situation in developed European countries, but also its objective relationship with the model of so - called »withering away of state", namely of administration by means of its strengthening. The second conceptual issue relates to the sphere of sources of administrative law, and more particularly to the role sources of administrative law, and more particularly to the role of so - called specific official gazette as a „secret" source of Yugoslav administrative law, and its incompatibility with the general principles of the rule of law, of legal security and the state of law.

PARTIES IN ADMINISTRATIVE DISPUTES

Author(s): Ana Katić / Language(s): English Issue: 1/2022

The paper explores the issues of active legitimacy to be a party in administrative dispute proceedings and the representation and protection of parties’ rights before the Administrative Court, established as a court of special jurisdiction by the Act on Seats and Areas of Courts and Public Prosecutor's Offices which entered into force in January 2010. The author first examines who can be the plaintiff, the defendant, and the interested person in an administrative dispute, and then focuses on the rules on representing the parties before this specialized court. Subsequently, the author explores the current case law established by the Administrative Court.

SPECIAL ADMINISTRATIVE ORGANIZATIONS

Author(s): Milena Golubovic / Language(s): English Issue: 1/2022

The paper explores the normative framework on special organizations in the Republic of Serbia. Being an integral part of the state administration, they have features which are common to all organizations as well as some specific and highly distinctive features. Special organizations are primarily instituted to perform professional and related administrative activities whose nature requires a higher degree of independence when compared to the independence required in the work of administrative authorities within the organizational structure of ministries. In this paper, the author discusses the concept, characteristics, significance and specific position of special organizations, as well as their activities and organizational structure.

Kontrowersje wokół pojęcia „materiału urzędowego”

Author(s): Marcin Grzybowski / Language(s): Polish Issue: 1/2022

Art. 4(2) of the Act of Copyright and Related Rights (1994) excludes the texts mentioned therein from the protection provided for in the copyright law. The legislator makes use of the reference to the regulation of national law contained in the Berne Convention. Of the exclusions listed in Art. 4(2) ‘official materials’ are the most undefined conceptual category. In many judgments the administrative courts have placed all written studies which did not have the characteristics of an ‘official document’ in the category of ‘official materials’. This concerns materials produced by public authorities and studies submitted at the request of an office by external entities. The author analyses judgments of administrative courts in which the concept of official material appeared and the qualifications to this category. He points to the jurisprudence according to which the official material is a text which a) comes from a public authority, b) relates to an official case, and c) was created as a result of an official procedure. This approach is opposed by the Supreme Court in their judgment of 2009 and the bulk of copyright doctrine. In the final part the author discusses the status of the expert studies and justifies his own terminology proposals.

Prejudiciono pitanje kao sporedni predmet upravnog postupka

Author(s): Danilo Stevandić / Language(s): Serbian Issue: 1/2022

prejudicial question, previous question, incidental question, preliminary issue, administrative procedure, administrative matter, principle of separation of powers, absolute incompetence, termination of proceedings

ДРЖАВНИ САВЕТ КАО НАЈВИШИ УПРАВНИ СУД

Author(s): Dragaš Denković / Language(s): Serbian Issue: 4/1989