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The article substantiates the view that the powers of the Inspector in Chief and those of the Inspectors at the Supreme Judicial Council Inspectorate are not suspended upon expiry of their term of office and that these persons continue carrying out their functions until the National Assembly elects the new Inspector in Chief and new Inspectors, respectively. The second question that should be posed is whether it is constitutionally inadmissible to suspend the activity of the Supreme Judicial Council Inspectorate where the term of offi ce of the Inspector in Chief and the Inspectors has expired and the National Assembly has not elected new ones yet. The argumentation is of labour law nature because – as I have already provided reasons for this in other scientific studies – the single-member State bodies and the members of collective State bodies hold offi ce on the grounds of a complex legal relationship which comprises an employment relationship as well. The answers to the interpretative questions are based on the effective legal framework of elective employment relationship set forth in the Labour Code and, particularly, the termination of this relationship due to the expiry of its term.
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The introductory part of the paper points to an increase in the importance of international environmental agreements, as well as their significance for the Republic of Serbia (RS). The central part of the paper studies the RS status in international environmental agreements. A distinction is made between the representation of membership in the international agreements before and after 2006 (the adoption of a new constitution and gaining independence). The constitutional and legal provisions pertinent for regulating the conclusion and execution of international agreements in the period from 1974 are evaluated. The author also emphasizes constitutional provisions of importance for the environment. The analysis is based on the key international agreements of a global character (primarily those whose depository is the UN Secretary General), regional international agreements concluded within the UN Economic Commission for Europe (UNECE), as well as sub-regional international agreements of relevance to the RS. An overview of international environmental agreements that the RS is currently not a member of is also provided. In the conclusion, it is noted that the RS obtained its membership in part of international environmental agreements on the basis of its succession, although the intensification of activities in the field of confirming key international agreements followed in the period after 2006. Such trend could also be related to the normalization of the RS international position (following the international isolation in the last decade of the 20th century), as well as the beginning of the RS’s EU integration process.
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The Constitution and the laws in Socialist Federal Republic of Yugoslavia implied that religion is strictly private matter, thus discriminating the believers. Although the Church and State were formally separated, and churches and religious communities were formally allowed to organize themselves autonomously, the State did not preserve its neutrality in religious matters but controlled and influenced the religious institutions. Social marginalization and governmental repressions were much more severe against Serbian Orthodox Church than against other religions. It was even clearer after the ratification of the Constitution in 1974 that introduced confederate elements. The enhancement of republican statehood in Bosnia and Herzegovina resulted in more severe repressions against Serbian Orthodox Church, which was obvious in many arrests of priests, prohibitions against collecting contributions for ecclesial matters, and further confiscation of church property. Bosnia and Herzegovina was the bastion of dogmatism and censorship almost until the breakup of Yugoslavia.
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This paper is a retrospection of organizational forms of Vojvodina's autonomous status. Author had multidisciplinary approach to problem. The author used historical and political approach. At the same time and first of all, dogmatic-normativistic approach to the interpretation of legal sources, not neglecting object and analog method, without whom it is not possible to seriously analyze meaning of legal acts content. At the end of article author gives his opinion and valuates new Vojvodina statute.
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Према Уставу Србије од 2006, статут је највиши правни акт аутономне покрајине (чл. 185, ст. 1). Овај акт доноси скупштина аутономне покрајине, уз претходну сагласност Народне скупштине (чл. 185, ст. 2). Скупштина аутономне покрајине Војводине (у даљем тексту: АПВ) утврдила је Предлог статута АПВ 14. октобра 2008. године. После више од годину дана застоја, 7. новембра 2009. Скупштина АПВ је утврдила правно-техничке исправке овог предлога статута, да би Народна скупштина донела Одлуку о давању претходне сагласности на Предлог статута 30. новембра 2009. Статут АПВ проглашен је на основу Одлуке Скупштине АПВ на седници од 14. децембра 2009.
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The article considers an overview of the regulations of local authorities in Bulgaria from 1886 to 1948 in terms of their selection, appointment, dismissal and basic parameters of action. Also not skip hierarchical interaction and representatives of local administration with the upper structures of regional government. It also gives a brief historical retrospection of the basics of local government unit of the Liberation in 1878 to the adoption of very important legislation for municipal laws for urban and rural communities in 1886. Extensive attention has been paid and the type of local government, approved by Decree-Law on urban and rural communities by 1934, Constitution of 1947 and the Law of the People’s Councils of next year.
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The author points to two types of insolvency proceedings under Serbian law whereby the State appropriates assets of the debtor; the first one being the insolvency due to an insufficient value of assets; and the second, the insolvency of a debtor who has been insolvent for an extended period of time. The Constitution of the Republic of Serbia (2006) prohibits the State from depriving citizens of their property. Seizing someone’s assets as a forfeit by the public treasury may be allowed on two conditions, that must be fulfilled cumulatively: that there is public interest involved which justifies confiscation, and that the deprived receives just compensation. The author holds that the existing rules on insolvency proceedings run contrary to the Constitution, and give leeway to the State to confiscate assets of the insolvent debtors on unconstitutional grounds.
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The article considers strategic planning issues as a factor of public administration in Ukraine. Consideration of strategic planning in the system of public administration is carried out based on factor analysis of the study of legal phenomena in the context of modern methodological principles of the theory of administrative law and the theory of public administration. The study's relevance is due to the need to increase the effectiveness of public administration of socio-economic development and national security in terms of integration into the European Union and the North Atlantic Treaty Organization. It is noted that Ukraine has accumulated experience in public administration, methods and tools, which continue to dominate, despite the development of a new system of the socio-economic structure. The need for sustainable socio-economic development and national security as a strategic goal facing the state necessitates the creation of appropriate legal arrangements that mediate the strategic nature of planning. Integration into the European Union creates the preconditions for forming a new paradigm of public administration, which is designed to include mechanisms and tools of the new general management, able to strategically ensure socio-economic growth and the appropriate level of national security.
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The purpose of the research is to outline the circle of entities that have the right to legislative initiative in the Republic of Bulgaria. Specific moments in the exercise of the right of legislative initiative by the Members of Parliament and the Council of Ministers, which have prevailed in the parliamentary practice and the constitutional doctrine, have been brought out. Attention has been paid to the current trends regarding the main sponsor of the bills according to data from studies of legislative activity. The topic of expanding the range of subjects of the right to legislative initiative, which is increasingly becoming topical and at the same time causing debate, is also touched on.
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The article discusses examines the main issues about the subjective right to non-observance of the term of notice particularly the nature of the exercise and the legal consequences. The author resumes that the subjective right to non-observance of the notice period is an original and highly relevant legislative decision.
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This paper considers changes in the criminal law of the Russian Federation in connection with the adoption of the Federal Law of the Russian Federation no. 323-FL on July 3, 2016. In particular, the regulations introduced in the Criminal Code of the Russian Federation in line with the above federal law and providing the grounds for exemption from criminal liability with infliction of a penalty have been analyzed. The attention is focused on potential theoretical and practical problems of their application. It has been found that judicial penalty, on the one hand, is not included in the systems of measures prescribed in accordance with the criminal law. On the other hand, it is little different from criminal punishment. Therefore, the problem of whether or not these regulations is a hidden way by which the court imposes punishment without any trial has been raised. Based on the obtained results, it has been concluded that the changes under study are ambiguous and vague, because they may lead to abuse by the law enforcement and judiciary systems.
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The implementation of the principle of separation of powers, defined in the Constitution of Ukraine, in practice, means that each branch is independent in its sphere, but only the courts have the last word in the power disputes over the constitutionality and legality of the activities of other branches of government. It is the judiciary that is a prerequisite for maintaining the authority of the state power as a whole, because in the absence of the special restraining powers that it possesses, the legislative and executive power is transformed from power into the organization of violence against society. In fact, the judiciary acts as the tool by which the right effectively affects social relations. A clear and strict adherence to the procedural forms of activity is intended to ensure the assurance that the court will actually adopt legal decisions. Only the law and the rule of law, and not any other considerations (third-party influence, demands, instructions) form the basis of the activity of the judicial branch, while the activities of other branches may prevail over the motives of expediency or social necessity. The court plays a significant ideological role, since it brings citizens respect for the law and promotes adherence to accepted standards of conduct in society.The judiciary has a considerable advantage in its interaction with other branches of government, in its function and functionality, that there is no such activity of the state in the person of its bodies that would not be subject to judicial control or constitutional supervision. It is these powers that significantly change the provisions of the judiciary in the system of public-legal relations, that is, turn it into a "true" power. Judicial control is one of the main guarantees of the proper functioning of the system of checks and balances, as well as an essential element in the process of restoring the balance in the interaction between the higher authorities of each other.
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The article is devoted to the role of the Constitutional Court of Ukraine on ensuring stability and at the same time dynamism of the legal regulation system. The powers of the Constitutional Court through the implementation of which it can influence the development of the legal system are analyzed.
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Problem settings. The right to peaceful assembly is a basic system of political rights of citizens of Ukraine as a means, and, unfortunately, sometimes, and the last real opportunity to convey their views or influence the activities of the public authorities, the judicial protection in practice it turns out one of the main guarantees of their implementation. Recent research and publications analysis. To the analysis judicial guarantees the right to peaceful assembly, in particular, such researchers applied as Barabash Y., Shevchuk S., Severin S.Paper main body. In the article the problem of protecting the right to peaceful assembly by means of constitutional justice, courts of law and practice of the European Court of Human Rights on the implementation of this law. The conclusion is that since this right is a basic system of political rights of citizens of Ukraine as a means, and, unfortunately, sometimes, and the last real opportunity to convey their views or influence the activities of the public authorities, the judicial protection in practice it turns out one of the main guarantees of their implementation. It is reported that currently in Ukraine a special law that regulates social relations in the field of freedom of assembly in our legislation today is not that the main obstacle to the free exercise their right to peaceful assembly in practice and the existence of controversial judicial practice protection of constitutional law. It is in this legal act must be resolved problems in terms of notification of peaceful assembly, their shape, mass, time and place of the meeting. Conclusions of the research. The main problem that must be solved by law - it dates subject of the public authorities to hold a peaceful assembly. Another problem in the regulation of relations in the sphere of peaceful assembly is a clear definition of grounds and rules limiting the realization of political freedom.
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This paper presented an explication of ways of judicial protection of constitutional rights injured by individual acts in the legal system of Republic of Serbia. Author analyzes the scientific thought of professor Popović toward question of nature of those individual rights eligible for multiple court protection. Particular attention is devoted to critically inspired analysis of the instruments of judicial protection of constitutional rights injured by individual acts in Serbia.
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