Историјски узроци настанка и уставно правни развој Аутономне покрајине Косово и Метохија

Author(s): Miodrag Savović,Dragan Prlja / Language(s): Serbian Publication Year: 0

The autonomy of Kosovo and Metohia has been existing within the Republic of Serbia for six decades. The roots of establishing this Region can be found in historical, economical, rational, generally traditional and other characteristics of this region as well as in different political and ideological combinations of political movements but in the first place in the communist party. So ones having been established, this autonomy has had its developing path that has influenced its constitutional and legal transformation.The constitutional and legal state of the Autonomous Region of Kosovo and Metohia has on the other hand shared the destiny of constitutional and legal development of the former Yugoslav Federation and The Republic of Serbia, being a member of this Federation within which was also this autonomy.In particular periods of time when the central power has grown, the role of the Federation units and so also of the Autonomy has weakened.. In ther periods of time being characterized by its decentralization process, the constitutional and legal position of the Autonomous Region of Kosovo and Metohia has strengthened. According to the Constitution of 1974 the autonomy was not only equalized with the federal unit in the frame of which it has existed , but has had a superior position in many authorities. This has caused different tensions which has lead in some periods of time to suspension of these competences up to proclaiming the state of emergency and even the military regime. There have been also armed conflicts and the international community has intervened drastically punishing The Republic of Serbia in the frame of which this Region exists, by military intervention, i.e. bombardment. After that, in 1999 this Region has been put under the jurisdiction of the international forces till the final solution to its status is found. As, due to unwillingness to negotiate of the representatives of the Albanians from Kosovo and Metohia, the attempts to come to a compromising solution have failed. The Albanian party has proclaimed the onesided independence of this Region. Though some countries have recognized Kosovo and Metohia as independent state, its status is still uncertain, as it has not been recognized by the United nations and cannot become a member of other international organizations. On the other hand this onesided secession has not been recognized by The Republic of Serbia which does not agree with the separation of its own territory.

Свободата на сдружаване според Търновската конституция (1879-1912)

Author(s): Alexandra Aytova / Language(s): Bulgarian Publication Year: 0

The freedom of association is not unfamiliar legal construction for the Bulgarian public life. It's foundations were established before the Liberation of Ottoman rule, and it's existence was inevitable mark of Bulgarian culture identity. Although the freedom of association wasn't incorporated in the Russian project of Bulgarian constitution, the father founders managed to validate it as a fundamental freedom. Thus until 1912 the latter showed it's potential and that was one positive aspect for the political and economical development of our state.

Antidiskriminační zákon

Author(s): Martina Štěpánková / Language(s): Czech Publication Year: 0

Jednolity patent europejski - największe współczesne wyzwanie prawa Unii Europejskiej?

Author(s): Żaneta Rzepczyk / Language(s): Polish Publication Year: 0

Mimo wielu podejmowanych prób nie udało się dotychczas ustanowić unijnego patentu. Autorka opisuje historię nieudanych prób i wskazuje przeszkody, które o tym zadecydowały. Charakteryzuje przyjęte rozwiązania częściowe i plany w tym zakresie.

ЈАВНОСТ - лист за наукe и политику (1874/41)

Author(s): Author Not Specified / Language(s): Serbian

СУД И ПРАВДА; Како је у народу око Космаја?; Нешто о моралном образовању; ДОПИСИ; ЈАВНИ ПРЕТРЕС ЖИВКА ЧУКИЋА; Јавна преписка; Јавна благодарност; РАЗЛИЧНОСТИ;

Pet velikih bitaka MKSJ-a

Author(s): Mirko Klarin / Language(s): Croatian Publication Year: 0

U protekla dva desetljeća postojanja i djelovanja, Međunarodni kazneni sud za bivšu Jugoslaviju (u daljnjem tekstu: MKSJ) je, nema sumnje, premašio sva očekivanja svojih tvoraca. Što, ruku na srce, i nije bilo osobito teško jer tvorci nisu mnogo očekivali od suda koji su stvorili. Zapravo, nisu očekivali ništa. Sumnje da je MKSJ stvoren kao smokvin list koji je trebao pokriti i prikriti sramotu međunarodne zajednice zbog nespremnosti da zaustavi erupciju nasilja na Balkanu, pojavile su se odmah nakon njegova osnivanju u svibnju 1993., ali je trebalo proći gotovo deset godina da ih i ''službeno'' potvrdi osoba koja je, kao tadašnji veleposlanik SAD-a u UN-u, imala direktnu i značajnu ulogu u stvaranju MKSJ-a.

POLITIČKE ATRIBUCIJE I STRUKTURA NARODNE REPUBLIKE BOSNE I HERCEGOVINE

Author(s): Elvis Fejzić / Language(s): Bosnian,Croatian,Serbian Publication Year: 0

The sovereign and autonomous political position of the People’s Republic of Bosnia and Herzegovina in the Yugoslav People’s Federation - derived from its constitutional right to self-determination, association and secession - enabled it to develop prospective political development and preserve its political status in future constitutional creations in the socialist Yugoslav state. Moreover, such political status enabled the Socialist Republic of Bosnia and Herzegovina to seek and achieve an independent political existence - which was realized in the first half of 1992 - which subsequently received international recognition from all relevant political actors. Bosnia and Herzegovina continues to develop as a transition and post-socialist state, that is still undergoing democratic consolidation and economic transition. Although there is no consensus in Bosnia and Herzegovina on its development and political commitments in the area of foreign policy, it is evident that it should follow the already paved path of Euro-Atlantic integration, because only in this way can it ensure a pacifist perspective and secure existence for its citizens. Despite the fact that there are still disintegrating political currents, which permanently challenge and deny the historical continuity and political perspective of the state of Bosnia and Herzegovina, it should be noted that its long existence surpasses and triumphs over the subjective narratives and expansionist arguments of its deniers.

OBRAZOVANJE PRVE NARODNE VLADE NA TREĆEM ZASJEDANJU ZAVNOBIH-A PREDSTAVLJA DOVRŠETAK KONSTITUCIJE DRŽAVNE VLASTI FEDERALNE BOSNE I HERCEGOVINE

Author(s): Mirko Pejanović / Language(s): Bosnian,Croatian,Serbian Publication Year: 0

Formation of democratic government in Bosnia and Herzegovina was developing together with formation and constitution of democratic Federal Yugoslavia. In the first half of 1945, the whole Bosnia and Herzegovina was liberated together with its capital Sarajevo on April the 6th in 1945. This created a military and political conditions for holding the Third assemblage of ZAVNOBiH on April 26, 27 and 28, 1945. Between the period of the Second assemblage of ZAVNOBiH in July 1944 in Sanski Most and the Third assemblage, National liberation movement achieved new successes in the development of new democratic people’s government. National liberation committees have firmed their position and role in the entire Bosnia and Herzegovina. According to decisions of ZAVNOBiH Presidency, various departments were formed such are state department for industry, public transport, education, social issues and other areas. These departments will become cores of ministries that will be formed in the frame of the First National Government of Bosnia and Herzegovina. This is how the formation of executive and administrative authority in Federal Bosnia and Herzegovina. General activities within the formation of democratic people’s government in Federal Bosnia and Herzegovina has brought the possibility to form the first National (People’s) Government of Bosnia and Herzegovina. In full unity and enthusiasm within achievements of National liberation war, representatives of the Third assemblage of ZAVNOBiH ojn the first day have reached decision on transformation of ZAVNOBiH to the National (People’s) Assembly as the highest body of people’s representation and as the highest body of legislative government. On the second day, National (People’s) Assembly brought a Law on people’s Government of Bosnia and Herzegovina. According to this Law, National (People’s) Government is supreme, executive and command body of state government of Federal Bosnia and Herzegovina. This act has completed the formation of democratic people’s government in people’s Assembly of Bosnia and Herzegovina. With formation of People’s Government of Bosnia and Herzegovina, activities of all 12 ministries are combined in order to execute politics that are concluded by ZAVNOBiH and for the interest of people who fought for their freedom.

O NEKIM SEGMENTIMA AKTUALNOSTI DRŽAVNO-PRAVNE MISLI AKADEMIKA HAMDIJE ČEMERLIĆA

Author(s): Zdravko Lučić / Language(s): Bosnian,Croatian,Serbian Publication Year: 0

Being one of the participants in the National Liberation Struggle and the socialist revolution and as one of the most influential members of the intellectual strata, Hamdija Ćemerlić made substiantial conitbutions to these historical processes, which were of crucial importance in the history of Bosnia and Herzegovina. The article analyzes the content of Ćemerlić’s presentation given at the Third ZAVNOBiH session while at the same time relating it to Ćemerlić’s political activities that predated this important session. The author examines the role of the socialist revolution and its institutionalization in regard to the state-making process of Bosnia and Herzegovina. Special attention is given to the criteria that played a decisive role in the consolidation process of Bosnia and Herzegovina as one of the federal units of a complex federal state body. Moreover, it discusses the determining social factors in this consolidation process with an emphasis on the international military and political aspect and the issue of political legitimate representation. The author extrapolates some important segments of Ćemerlić’s complex philosophical thoughts on law and state and stresses their actuality.

TREĆE ZASJEDANJE ZAVNOBIH-a I PRVI USTAV NARODNE REPUBLIKE BOSNE I HERCEGOVINE – NADOGRADNJA BOSANSKOHERCEGOVAČKE DRŽAVNOSTI

Author(s): Denis Bećirović / Language(s): Bosnian,Croatian,Serbian Publication Year: 0

At the First and Second Session of ZAVNOBiH, the representatives of the peoples of Bosnia and Herzegovina laid the foundations of the modern statehood of Bosnia and Herzegovina. At the sessions of ZAVNOBiH, the peoples of Bosnia and Herzegovina jointly created their federal unit, which became part of the federal Yugoslavia with the political will of its delegates at the Second Session of AVNOJ. The Third Session of ZAVNOBiH in Sarajevo marked the end of the state-building process in Bosnia and Herzegovina within the second Yugoslav state. ZAVNOBiH was transformed into the National Assembly of Bosnia and Herzegovina in accordance with legislative acts adopted at the session, while the Presidency of ZAVNOBiH turned into the Presidency of the National Assembly. Bosnia and Herzegovina also received its first post-war government. Legislation adopted at the Third Session of ZAVNOBiH, i.e. the National Assembly of Bosnia and Herzegovina, created the independent state organisation of Bosnia and Herzegovina, which was equally positioned with other federal units in the Yugoslav state. An additional enhancement to the statehood of Bosnia and Herzegovina was made by the adoption of the first Constitution of the People’s Republic of Bosnia and Herzegovina. Thus, immediately after the end of the Second World War, Bosnia and Herzegovina defined its internal structure by the highest legal act, in accordance with the then political and economic circumstances. It was defined as a people’s republic that conferred sovereign rights and statehood. With the adoption of the Constitution, Bosnia and Herzegovina completed the state-building process and it can be stated that from 31 December 1946, it fully existed and functioned as a state organisation. At the same time, it is necessary to not lose sight of the fact that Bosnia and Herzegovina, by the will of its representatives, was part of a wider state - Yugoslavia. The sovereignty and statehood of Bosnia and Herzegovina were limited by the sovereignty of the federal state. These are the sovereign rights that Bosnia and Herzegovina transferred to the FPRY, given that it was an integral part of the unified socioeconomic and political system of AVNOJ Yugoslavia.

CONCEPȚII SOCIAL-POLITICE ALE ANTICHITĂȚII GRECEȘTI

Author(s): Ioan Scheau / Language(s): Romanian Publication Year: 0

The present paper presents the main social and political concepts of Greek Antiquity: Democritus, Plato, Aristotle and Epicurus. Democritus analyzes three fundamental problems: - the role of politics: to achieve happiness for as many people as possible; - justice: the main virtue that citizens must cultivate; - form of government: democracy. Plato builds the model of an ideal society consisting of three social classes: - the philosopher (politician) – who must lead society; - the soldiers - who must defend the fortress; - citizens (producers of goods and services) - what must ensure the necessary for the functioning of the fortress. Aristotle thinks of the state as a higher court that must ensure the welfare of the citizens, and therefore politics becomes the most important practical science. Epicurus supports a view close to that of the social contract. Society is structured on the basis of a non-aggression agreement between people. This agreement (the law) legitimizes a higher structure (the State) to oversee the functioning of society.

ULOGA ZAVNOBIH-A U STVARANJU NOVOG PRAVNOG PORETKA U BOSNI I HERCEGOVINI TOKOM NOR-A

Author(s): Dženana Čaušević / Language(s): Bosnian Publication Year: 0

U svom radu autorica prati zakonodavnu aktivnost ZAVNOBiH-a i vlade koja je nastala u okviru njega i prati proces stvaranja nukleusa kasnijeg bosanskohercegovačkog pravnog sistema, ukazujući na njegova načela, postepeni rast i preciziranje pravnih odnosa, vrsta i sadržaja zakona koji su donošeni, te daje ukupnu sliku koju je takva aktivnost ZAVNOBiH-a proizvela u oblasti o pravnog poretka u zemlji.

HISTORIČKA PODLOGA DRŽAVNIH I VOJNIH OBILJEŽJA BOSNE I HERCEGOVINE SA ZNAKOM LJILJANA

Author(s): Enver Imamović / Language(s): Bosnian Publication Year: 0

U svom prilogu autor obrazlaže historijsku utemeljenost nove bosanske heraldike i upotrebe heraldičkih znakova i simbola koji su se pojavili sa pojavom državne samostalnosti Bosne i Hercegovine kao države, a koji se temelje na ljiljanu kao heraldičkom znaku. On ukazuje na utemeljenost i prirodu te nove heraldičke prakse do koje je došlo nakon osamostaljivanja bosanske države 1992. godine.

BOSANSKI RUSAG I SVETA KRUNA BOSANSKA (UTJECAJ UGARSKE NA RAZVOJ POLITIČKIH INSTITUCIJA SREDNJOVJEKOVNE BOSNE)

Author(s): Dubravko Lovrenović / Language(s): Croatian Publication Year: 0

U svom opširnom prilogu autor izlaže elemente koji govore o značajnom utjecaju ugarske krune i kraljevine Ugarske u cjelini na formiranje institucije bosanske krune, bosanske kraljevine i na način uspostavljanja vladavine u Bosni, osobito izbora njenih banova i kraljeva, kao i na Bosnu kao državu u cjelini.

SPONE I SPOROVI: BOSNA I HERCEGOVINA U JUGOSLAVENSKOJ DRŽAVI (1918-1941)

Author(s): Safet Bandžović / Language(s): Bosnian Publication Year: 0

Creation of the Yugoslav state in 1918, which Bosnia and Herzegovina joined as an historical and political subject, meant unification of national, religious, cultural, historical, social, economic, regional differences and perspectives, ties of different national histories, experiences, traditions, customs, mentalities, way of education and living. Being together is not the same as being the same. It was the result of international circumstances, a new toponym, complex state on the map of new Europe, made of different ethnic groups (recognized Serbs, Croats and Slovenes), national and religious minorities who entered the new state with different political, cultural and civilisational ideas. Yugoslavia was standing on unstable political and economical foundations. Having an regime that identifies opinions of the opposition as anti-state action caused resistance against the idea of a new Yugoslav state. Political violence and dictatorship marked the period of existence of Yugoslavia. Conflict between antagonistic supporters of how should the state look like was its biggest inner problem. After 1918, Bosnia and Herzegovina preserved its autonomy with its National government until 1921 and the Provincional government. The Provincional government functioned until 1924 when due to the changes brought by the Vidovdan Constitution (1921) centralization and new inner structure took place. Bosnia and Herzegovina was divided into six regions which were seperate and depedent on the government in Belgrade. With the goal of destroying old historical provinces, new administrative units were formed – banovinas. Bosnia and Herzegovina was in 1929 divided by the Drina, Vrbas, Littoral and the Zeta Banovina. Her status was depedent by the projections of the regime, and by the Serbian-Croatian agreements and problems in their relations which were manifested with the formation of the Banovina of Croatia in 1939. and determination of its borders. Same things occured during talks about the future inner structure of Yugoslavia. Serb and Croat politicans were not ready to accept the formation of a “Bosnian banovina” as it was requested by Muslim politicians. The legacy of several attempts to finally define the inner structure of the country had huge influence in conflicts and in partition of occupied Yugoslavia in 1941.

TEMELJNI KONSTITUTIVNI PRINCIPI U STAVOVIMA PREDSJEDNIŠTVA REPUBLIKE BOSNE I HERCEGOVINE TOKOM PREGOVORA O MIRU 1992-1995.

Author(s): Mesud Šadinlija / Language(s): Bosnian Publication Year: 0

The fundamental principles of the renewed statehood of Bosnia and Herzegovina were defined by the decisions of ZAVNOBIH (The State Antifascist Council for the National Liberation of Bosnia and Herzegovina) and improved within the constitutional-legal and political construction of the Republic as an equal member of the Yugoslav Federation from the First Session of ZAVNOBIH in Mrkonjić-Grad on 25 November 1943 to the constitutional amendments adopted in 1990 according to which it is defined as “a democratic sovereign state of equal citizens, the people of Bosnia and Herzegovina – Muslims, Serbs, Croats and other people and nations who live in it”. The author is engaged in how these principles were represented and articulated in the attitudes of the Presidency of Bosnia and Herzegovina during the peace negotiations conducted in various formats of the International Conference on the Former Yugoslavia in the period from February 1992 to November 1995, by negotiators and international peacekeepers, as well as their compatibility with the constitutional-legal basis of individual peace plans for Bosnia and Herzegovina.

VRIJEDNOSTI ZAVNOBIH-a I DEJTONSKI USTAVNI POREDAK

Author(s): Kasim Trnka / Language(s): Bosnian Publication Year: 0

The establishment of ZAVNOBIH (State Anti-fascist Council for the National Liberation of Bosnia and Herzegovina), its decisions and the historical effect created a new paradigm of social, political and state development of Bosnia and Herzegovina. It is based on key values that can only ensure the long-term, stable and democratic development of the country through their mutual correlation and balance. Those values are, in particular, the following: restoration of statehood; affirmation of traditional ethnic diversity and common life throughout its territory; fostering freedoms and anti-fascist values; ensuring ethnic equality and human rights for all its citizens. An objective, scientifically based, analysis should indicate whether and to what extent these values were realized in further development, starting with the period of federal Yugoslavia, its breakdown and war. The focus of this review is the analyses of normative solutions and, in particular, the implementation of the Dayton constitutional order according to the criteria of values established by ZAVNOBIH. This analysis leads to the conclusion that the disrespect for these values in creating the Dayton constitutional order and in its realization is a key reason for its weaknesses, in particular, non-democracy and ineffectiveness.

Политическото измерение на църковната собственост (XVII век)

Author(s): Xavier Godin / Language(s): Bulgarian Publication Year: 0

The relationship between the king and the church in France during the Ancien Régime (16th-18th centuries) can be well explained by the issue of property. In the 1670s, Colbert called for a complete reform of royal landholdings in Brittany, with mandatory justification for all alienations. The reform was critical to many landlords, especially the church, since some portions of their lands had encroached on the royal domain. The review of suspected frauds and purchases proved the king's sovereign power in a pays d’états and the crucial role of the domanialité in the Kingdom of France during the 17th century.

PROVOCĂRI ŞI STRATEGII ÎN ORDINEA ŞI SIGURANŢA PUBLICĂ

Author(s): / Language(s): English,Romanian,French

Conferința științifică internațională a Academiei de Poliție International Scientific Conference of Police Academy ,,Alexandru Ioan Cuza” Bucharest

Poza antropocentryzm, czyli żądanie niemożliwego? Pytania o kulturę i inne pytania w teorii społecznej i w praktyce rozmowy

Author(s): Wioletta Tomala-Kania / Language(s): Polish

The book Beyond Anthropocentrism, i.e. Demand for the Impossible? The Questions of Culture and Other Questions in Social Theory and Practice of Conversation concentrates on man and his psycho-physical condition, taking special account to its ethical consequences for the world and himself. However, the book also tries to make him leave his privileged status. The monograph is divided into three parts. Chapter 1: Culture in Theory presents essential findings focused on the key term, “culture”. Chapter 2: Culture in Practice presents seven in-depth interviews conducted in the years 2020–2021 with the researchers representing a spectrum of different scientific disciplines: Ewa Bińczyk, Katarzyna Dembicz, Bogumiła Lisocka-Jaegermann, Joanna Ostrowska, Hanna Rubinkowska-Anioł, Jolanta Sujecka, Anna Ziębińska-Witek. In Conclusion, the fundamental problem of the posthumanistic (non-anthropocentric) vision of the world is paid attention to.