УСТАВНИ ПРИНЦИП ПОДЕЛЕ ВЛАСТИ И ГЛОБАЛИЗАЦИЈА

Author(s): Jelena Vučković / Language(s): Serbian Issue: 76/2017

Globalization as a social phenomenon rose to prominence in the last decades of the 20th century, due to the changing relations between the world superpowers and ending of the cold war, the growing trend of development of information societies, the rapid progress of technologies, and strengthening the neoliberal concept of state. This phenomenon is equally topical as it was at its outset. Globalization has strongly affected the legal regulation of states through an entire system of written and unwritten norms of a supranational character, which are gradually becoming part of the national systems. The first stage in this process was embodied in the activities of the United Nations and the development and expansion of the European Union law in the legal systems of individual countries first by introducing human rights provisions of a uniform nature. It was followed-up by superimposing a wide range of international documents in various fields in order to establish quality standards, define and prohibit the usage of individual institutes, all of which imply an obligation to harmonize the national regulations with the accepted international rules. The concept of the world as a “global village” inevitably marked the change of the constitutional order of states wishing to be part of this concept; to facilitate the achievement of this goal, they had to introduce state bodies and nonstate public entities. The process of globalization exerted a visible impact on the 2006 Constitution of the Republic of Serbia through a number of provisions pertaining to: human rights; the introduction of the hierarchy of legal norms, generally accepted rules of international law and ratified international agreements; the introduction of institutions for the protection of human rights, such as the Ombudsman; a system of state authorities that need to ensure the independence of the judiciary (High Council of the Judiciary, State Prosecutor’s Office); and providing conditions for establishing a number of state and non-state public entities that have quasi-legislative and quasi-judicial powers, such as a public agencies. All this raises the question of their positioning in the constitutional system of the Republic of Serbia, perceived from the point of view of the separation of powers. Can these bodies, introduced in the national constitutional law system, be defined as part of one of the branches of government, or shall they be classified them as a separate fourth branch of Government? Is it still possible to understand the concept of separation of powers in modern constitutional systems in the spirit of Montesquieu and Rousseau? In the context of globalization, it is interesting to examine the relationship of the existing branches of government, their balance and mutual control. Weakening of parliamentary and democratic bodies is clear and evident along with a tendency of strengthening the executive branch. All this creates instability and dysfunctionality of national legal systems with visible influence of politics and informal centres of power. The idea of globalization as initially positive development, focused on the global standards and the quality of life of each individual, has opened a number of questions that will be addressed in this paper.

УСТАВНО СУДСТВО НА ПРАГУ ДВАДЕСЕТ ПРВОГ ВЕКА

Author(s): Oliver P. Nikolić,Ana V. Čović / Language(s): Serbian Issue: 76/2017

The establishment of constitutional judiciary and its incorporation into the system of government of the modern state was a radical shift in the mechanism of providing for the protection of the constitution and constitutionality. The interconnection of the constitutional judiciary and the legal state (the rule of law) and democratic order, as well as the democratic nature and legitimacy of the constitutional judiciary, have been and remained the cornerstone of its development and expansion worldwide. Within several decades of its existence, the constitutional judiciary has become a necessary element of governing power in a growing number of countries on different continents. As a rule, the constitutional judiciary was first established in democratic countries, but there were also (rare) cases where it was established in less democratic countries, and even in covert or openly autocratic regimes in order to disguise the undemocratic essence of such countries. At the end of the 20th century, a number of socialist countries changed their socialist system of government and established constitutional courts as one of the main guarantors of democracy. At the same time, the development of the constitutional judiciary experienced not only “technical” improvement of its mechanism and operation but also a kind of an evolution, especially in terms of its jurisdiction. By establishing the constitutional complaint and enabling the constitutional courts to act upon the constitutional complaint, the constitutional judiciary have been enabled to significantly expand their activities in the field of protection of the constitution and the constitutionality; it especially refers to the protection of basic human rights and freedoms of citizens, which has become (particularly in recent decades) a crucial element of the rule of law (legal state) and its democratic order. It has considerably contributed to the completion of the protection of the constitution as lex superior and constitutionality (and legality), all of which significantly enhanced the legitimacy and the democratic value of the constitutional judiciary.

Уставно-правни аспекти заштите права на имовину у Босни и Херцеговини

Author(s): Tiho B. Džakić / Language(s): Bosnian Issue: 2/2015

The right to property was the most contested, but now the right to property in Bosnia and Herzegovina has become entitled to the highest respect. One reason for that is his constitutional protection. This right is protected in BiH in Annex 4 (Constitution of BiH) and Annex 7 of the General Framework Agreement for Peace in Bosnia and Herzegovina. Due to the status of the European Convention for the Protection of Human Rights and Fundamental Freedoms in the legal system of BiH, the right to property is protected by the present Convention and its Protocol No. 1. In particular, the importance of the European Convention and the European Court of Human Rights, we can see in the decisions of the Constitutional Court of Bosnia and Herzegovina when deciding on the protection of right to property. In addition to the Constitutional Court, a major role in protecting of this right was played by the Commission for Displaced Persons and Refugees.

Уставноправни положај „осталих“ у Босни и Херцеговини

Author(s): Goran Marković / Language(s): Serbian Issue: 1/2011

The author analyzes constitutional position of national minorities and ethnically non-declared citizens of Bosnia and Herzegovina who are defined in its Constitution as the „Others“. They are discriminated being deprived of one of their fundamental human rights – passive voting right. Constitution of Bosnia and Herzegovina is contradictory to international human rights conventions which Bosnia and Herzegovina ratified as an international law subject and which are integral part of its Constitution. In that sense, the Constitution of Bosnia and Herzegovina is an inconsistent legal act. The decision of the European Court for Human Rights from December 2009 imposes an obligation to Bosnia and Herzegovina to revise its Constitution in order to preclude discrimination which would also change constitutional position of the „Others“. The author analyzes pos-sible constitutional revisions which would lead to removal of discri-mination of the „Others“.

Уставносудска заштита људских права и темељних слобода у Босни и Херцеговини: предмет АП 369/10

Author(s): Dženeta Omerdić,Boris Krešić,Meliha Džaferović / Language(s): Serbian Issue: 1/2017

During the decision-making procedure the Constitutional Court shall examine the existence of only those violations that are alleged in the re- quest/appeal. The court or the body whose decision has been quashed is obligated to make another decision and, in doing so, it shall be bound by the legal opinion of the Constitutional Court concerning the violation of the appellant’s rights and freedoms guaranteed under the Constitution. The decisions of the Constitutional Court shall be final and binding. Every physical and legal person shall be obligated to comply with them. In the analyzed case AP 369/10, the Cantonal Court in Bihać, whose Decision was terminated, adopted a new act in accordance with the legal opinion of the Constitutional Court. Also, the Parliament of the Federation of B&H adopted the Amendments to the Family Law of the FB&H, and disputed Article 43 was out of the legal force. As for the legal effect of the Constitutional Court's decision against other state bodies whose decisions were not subject to challenge before Constitutional Court, we consider that it is not formally binding on the National Assembly of Republic of Srpska. In other words, it does not imply any commitment neither for this entity's legislative authority, nor for the legislative body of the Brčko District. However, the lack of identical normative solutions in family-law relations across the entire territory of B&H leads to legal uncertainty of the subjects and their discrimination depending on the part of the state in which they live. In addition to that, in the territory of Republic of Srpska, the applicable provisions of the RS Family Law are still gender-based discriminatory. In this regard, given that Bosnia and Herzegovina is a democratic state and that both entities are obliged to ensure the highest level of internationally recognized human rights and fundamental freedoms, on the one hand, and bearing in mind the fact that the rights and freedoms envisaged in the European Convention and its protocols directly apply in Bosnia and Herzegovina and have priority over all other laws, we believe that regular courts in the RS, when deciding on the claims, have a constitutional obligation to apply international standards for the protection of human rights and freedoms. In other words, courts in Republic of Srpska should take into account the views of the Constitutional Court of B&H in case AP 369/10. The reason for this lies in the fact that the analyzed Decision has a prejudicial effect as it represents a source of law. The Decision of the Constitutional Court of B&H in the case AP 369/10 represents the relevant legal basis for the possible initiation of new proceedings before ordinary courts in Bosnia and Herzegovina.

Усъвършенстване на правната уредба на професионалната квалификация, образованието и обучението в съответствие с политиките за обучение на възрастни в Европейския съюз

Author(s): Hristo Banov / Language(s): Bulgarian Issue: XVI/2017

The results from two especially significant research studies conducted and announced over the past four years in the field of adult learning provide an opportunity to reach a number of important conclusions on the state of adult learning policies both in the European Union and hence, even more important to us – in Bulgaria. This, in turn, highlights the need for improvements in the Bulgarian legislation in the area under consideration.

Утицај Европског суда за људска права на заштиту људских права радника у Србији

Author(s): Dejan Pavlović / Language(s): Serbian Issue: 2/2017

This paper presents the analysis of the impact of the ECHR jurisprudence on the judicial protection of workers’ human rights in Serbia. There are considerations of the institutional deficiencies, legal and socio-economic context, and the fundamental problems the workers face with. The analysis is followed by pointing out the capacity and success of the ECHR in overcoming the systemic problems of the Council of Europe member states. The focal points are the right to fair trial in a reasonable time and right to property, as the greatest challenges before the Serbian institutions. Assessment of the available Rule of Law indicators, primarily material and procedural preconditions for respect of the workers’ human rights, leads to conclusion that existing reform measures produce limited effects, with insufficient consolidation of the institutions. ECHR has considerable potential to positively influence the level of respect for workers’ rights, particularly those affiliated to the human rights guaranteed by the Convention. The paper provides the overview of the most notable achievements in member states of the Council of Europe. There are theoretical foundations for the impact of ECHR as supranational law to the national legal order of Serbia, in line with the Fairness doctrine, rational choice or managerial model. However, the conclusion is that we can not verify such an impact in practice, due to systemic problems in the realm of the Rule of Law.

УТИЦАЈ МЕЂУНАРОДНИХ ПРАВНИХ СТАНДАРДА НА ОБЛИКОВАЊЕ ПРИПРЕМНОГ СТАДИЈУМА КРИВИЧНОГ ПОСТУПКА

Author(s): Tatjana Lukić / Language(s): Serbian Issue: 2/2011

A thorough re-organization of the preliminary stage of criminal proceedings is announced as one of the most important changes in the future reform of Serbian system of criminal procedure. On this point, the essential novelty would consist of abolition of the investigating judges, and giving more investigative powers to the public prosecutors. This paper deals with international standards and requirements, directly or indirectly related to preliminary criminal proceedings. The author pays special attention to standards and requirements of the European Convention on Human Rights, the case law of the European Court of Human Rights and the Acquis Communautaire, particularly when it comes to legal status of the victim and the accused in the pre-trial and investigation stages. The author juxtaposes two models of criminal justice systems – the liberal model and the human rights model.

Утицај праксе Европског суда за људска права на реформске процесе у Србији

Author(s): Marko Novaković / Language(s): Serbian Issue: 49-50/2014

The European Court of Human Rights (ECHR) is an institution which is very significant not only for individuals but for states as well. By a careful analysis of the cases before ECHR the state can discover the problems in its own legal system and in this way try to resolve them more efficiently. In the paper, the author will analyse the problem related to the case length and the way pre-trial confinement is determined in Serbia. Both of these subjects will be analysed in the way ECHR treats them, this including requests that are submitted against our state having a direct insight into the problems in Serbia.

Утицај развоја политике заштите људских права на европски идентитет

Author(s): Jelena Matijašević-Obradović,Nenad Bingulac / Language(s): Serbian Issue: 49-50/2014

Classification of people who consider themselves as having a common origin which is represented through culture, history and religion can be perceived through a common identity. Bearing in mind that national identities are several centuries old it is an interesting fact that may be we are contemporaries of the beginning of the “European identity“. Apart from the national and European identity, there are a number of other ones which can be perceived through primary and secondary identities. The development and protection of human rights, which are indivisible and inter-dependent, have exerted a considerable impact on the development of the European identity. Human rights protection is a framework for a large number of activities which have been taken over at the European level. It is because, as we have already said, they are an integral part of the European identity.

УЧАСТИЕ ЖЕНЩИН В БОЕВЫХ ДЕЙСТВИЯХ НА ФРОНТАХ ВЕЛИКОЙ ОТЕЧЕСТВЕННОЙ ВОЙНЫ В СОВЕТСКОЙ ВОЕННОЙ ПЕРИОДИЧЕСКОЙ ПЕЧАТИ

Author(s): Аlemzhan G. Arinov / Language(s): Russian Issue: 4/2021

In this article, on the basis of a gender approach, it is proposed to consider the image of women soldiers created on the pages of the Soviet military periodical press. This is undertaken in order to understand how exactly the idea of women in the Red Army was formed and promoted. This approach allows us to determine the main characteristic features in the interpretation of the “female issue” and at the same time to identify the features of the design of “female” and “male” authorship in the military press, as well as to prove that, although gender equality was officially proclaimed in the USSR, discriminatory practices were widely used in newspaper materials. The army and front newspapers of the period under review were characterized by two tricks in covering the issue of women’s participation in the war: the first — articles authored by women themselves, the second — publications about female military personnel by authorship of men. In the first case, we see the desire of women to emphasize their equal rights with men at the front. In the second case, the heroism of women became famous, but in most cases, the heroism of female military personnel stood out in the context of help provided to male combatants in various combat and non-combat conditions. The author concluded that so different a coverage of the participation of women in the war in the Soviet military periodical press testifies to the high importance of both the issue of equality in the army for women and the image of the valiant female military personnel created by them in the newspapers. However, due to the fact that the USSR remained essentially a patriarchal state and the traditional gender hierarchy was not violated, which is confirmed by examples of publications of male authors who honored women with an auxiliary role in the war.

Уязвими групи лишени от свобода: Наръчник

Author(s): Alejandro Forero Cuéllar,María Celeste Tortosa,Klaus Dreckmann,Dimitar Markov,Maria Doichinova / Language(s): Bulgarian

In prison, certain groups of inmates are subject to disadvantages due to specifics of their origin, gender, sexual orientation, age, etc. These groups usually need special treatment, which is not always provided, which leads to unequal treatment and violation of their rights. This handbook examines the situation of such vulnerable groups within the prison systems of Belgium, Bulgaria, Germany, Lithuania and Spain. Starting from the classification of the UN Handbook on Prisoners with special needs and looking at the different national contexts, the authors identify different groups as vulnerable in different countries. In order to encompass as many groups as possible, their list was extended to include some particularly marginalised groups, such as sex offenders, prisoners with disabilities, etc. Each group is viewed in context, explaining the situations of vulnerability both generally and in the selected countries. From one side, the handbook presents the efforts for compensation of vulnerabilities in every country available in the legislation or provided by prison authorities or other actors. From the other side, it identifies the gaps in the measures and practices, which vary both from country to country and from group to group.

Фактически особености при разпита на свидетел при разследване на престъпленията против равенството на гражданите

Author(s): Tihomir Troyanov / Language(s): Bulgarian Issue: 6/2021

The article examines the tactical features of conducting a witness interrogation in crimes against citizens' equality. An attempt was made to systematize and identify the main reasons for giving false testimony by witnesses, as well as to set out exemplary approaches for their elimination

ФЕНОМЕН ДЕЦЕ РАТА (РАТНИКА)

Author(s): Hatidža Beriša,Vladimir Tomašević / Language(s): Serbian Issue: 5/2020

Modern political reality that we are witnessing, is marked by an escalation of terrorist activities around the world. Terrorism is the weapon of the weak, which in the modern era to which we belong, as a way of confronting the powerful enemy forces, using numerous and various political and religious groups and organizations. Although it is well known that all terrorist organizations around the world have their own offspring, and that the recruitment of children and manipulation of them do not differ significantly from the same phenomenon in countries affected by armed conflict, in the following we will passages, because the thematic specificity and nature of the work itself, exposure primarily focus on the abuse of children in armed conflict, without particular reference to the abuse in the commission of terrorist activities. Guided by this fact, the paper will seek to said phenomenom approach relying on scientific methods of content analysis of publicly available information contained in the reports of UN bodies, as well as a number of regional initiatives and the coalitions, their programs and work activities, gathered around the same goal-reducing the expansion of the multiple significant social phenomena.

Феномен насильства над дітьми в освітньому середовищі України

Author(s): Nataliia Lesko / Language(s): Ukrainian Issue: 05/2018

The article investigates the phenomenon of violence against children in the educational environment. The factors that exacerbate violence in the educational environment are analyzed. The problems of protecting children from violence in the educational environment are highlighted. The paper examines the concept of school mediation as reconciliation of the sides of a school conflict with the help of a peer mediator. It is noted that the state, the school, and the educational authorities should be interested in introducing mediatory practices. The latter contribute to the improvement of the school environment, facilitate dialogue within the school environment, and help achieve compromises. It is noted that schools do not normally want to advertise conflicts at the public level, and mediation provides such a possibility without deliberately concealing the conflicts and without violating the rights, freedoms and legitimate interests of children at the same time. The article sums up the experience of European countries in the field of prevention of violence against children in the educational environment. The main objective of the article is to study the phenomenon of violence in the educational environment of Ukraine, to outline the ways of improving the theoretical and regulatory framework on this issue. In order to achieve this goal, an empirical study was conducted, in which 180 children under the age of 17, who are first-year students at the Educational and Scientific Institute of Jurisprudence and Psychology of Lviv Polytechnic National University, took part. When studying theoretical and methodological aspects of the research problem, the following theoretical methods were used: analysis, synthesis, generalization of the data of psychological and pedagogical, scientific and methodological literature. It is established that it should be remembered that timely and qualitative response of the authorized bodies and their application of all possible measures in case of violence against children is a guarantee of the formation of a healthy, in every sense of the word, society.

ФИЗИЧКО КАЖЊАВАЊЕ У СВЕТЛУ ПРАВА ДЕТЕТА

Author(s): Darko Simović,Biljana Simeunović Patić / Language(s): Serbian Issue: 76/2017

Making allowances for corporal punishment of children implies a departure from the principle of inviolability of the human bodily integrity. From the perspective of international law, corporal punishment of children is absolutely prohibited. Corporal punishment of children within the family, school or an institution for the execution of sanctions constitutes a violation of human dignity, the right to physical integrity, as well as a violation of the principle of equality in effectuating the protection of children’s rights. Observed from a perspective of human rights, there is a huge gap between international standards and legal solutions in individual states. Despite the general international trend concerning the necessity of imposing the absolute prohibition of all types of corporal punishment, there is still a significant number of states which are fairly reserved in terms of sanctioning of such parenting methods. Moderate and reasonable corporal punishment within the family is allowed in most states. There is a common widely accepted assumption that no parent wants to hurt their child, nor cause even the slightest harm to the child. Thus, the model of moderate legal intervention in relations between parents and children prevails, which entails sanctioning only those cases of corporal punishment that result in physical injury or abuse of a child. Considering the endeavours in civil legislation to prohibit corporal punishment of children in Serbia, this circumstance suggests a rational and balanced approach to resolving this issue. It implies that the primary goal is raising the parents’ awareness about the rights of the child rather than merely punishing the parents.

Филозофија људског рада пред изазовима новог доба

Author(s): Darko Marinković / Language(s): Serbian Issue: 2/2009

Modern age, and that is industrial society, that had been founded on human freedoms and rights, multiparty parliamentarian democracy and market contestability, has brought about fundamental changes in the nature, character, content and way of human work, therefore presenting a whole line of challenges to the ethics and philosophy of human work. A new way of production has not only influenced the human work as a process of creation of material and spiritual achievements, but also has changed a whole way of life, human interrelations and the system of social and moral values. Human daily lives have gained not only a new content, but also a new structure. This has brought about a clear and visible division between working and non-working parts of day. From the area of a dominantly agricultural production with the nature being both the working and life environment, the human work has been moved to a closed space of industrial machinery therefore establishing a technical division of work and the work has become increasingly specialized or partitioned. It is especially important to underline that it has led to emergence of an extremely great dynamics of the changes in the field of human work as well. Therefore it is possible to declare that it is precisely the dynamics of the changes that has actualized the old issues and created a whole line of new issues in the philosophy and ethics of human work.

Формирање теологије људских права у теолошком систему Реформацијских цркава

Author(s): Zoran Devrnja / Language(s): Serbian Issue: 3/2018

As a specific, and historically and socially determined theological discipline, the theology of human rights has emerged in the context of the theological and doctrinal statements of Reformed Churches. Karl Barth and Jürgen Moltmann, as the most prominent protestant theologians of the 20th century, made the most significant contribution in shaping it. After а certain time, the Reformed theological concept of human rights, beside many specifics and obvious lacks (latent millennialism), has become а developed theological system with emphasized social implications and political impact. From the time of proclaiming the Declaration of human rights by the World Association of Reformed Churches in 1976, the theological concept of human rights become the part of the mission and of the process of promoting the evangelical message of that Christian denomination.

ФРАГМЕНТАЦИЈА МЕЂУНАРОДНОГ ПРАВА И ЕВРОПСКО ПРАВО – НА ЗАПАДУ НЕШТО НОВО

Author(s): Branko M. Rakić / Language(s): Serbian Issue: 1/2009

International law has been facing the problem of its own fragmentation from the early stages of international organizing at the dawn of 20th century. The process of globalization has a tendency to unify social phenomena on a world scale. Nevertheless, the practice of diversification of international organizations, based on both regional and substantial criteria, creates great tensions. The tension due to such expansion has been growing both vertically, i.e. between the general international law and the particular international laws; and horizontally, i.e. among diverse particular legal systems. In the year 2006, subsequent to frequent warnings from the high-ranking international officials and scholars alike, the UN International Law Commission was propelled to produce and submit to the General Assembly a report on the above mentioned issue („Koskenniemi Report“).

ФРАНЦУСКА ДЕКЛАРАЦИЈА ЉУДСКИХ ПРАВА

Author(s): Dragan Stojanović / Language(s): Serbian Issue: 29/1989