TROŠKOVI IZVRŠNOG POSTUPKA U REPUBLICI SRPSKOJ

Glasnik prava ◽  
2021 ◽  
Vol XII (2) ◽  
pp. 95-111
Author(s):  
Darko Božić ◽  
Amira Selimović Maljišević
Keyword(s):  
Complete Picture ◽  
Legal Nature ◽  
The Republic

In this paper, the autors analyzes the regulation of the institute of costs of enforcement proceedings in the Republic of Srpska. In that regard, the autors elaborates important questions related to legislation, the term costs enforcement proceedings, the legal nature costs enforcement proceedings, the request for compensation of costs, deciding on costs of proceedings, exemption from the reimbursement of the costs of the proceedings, caution iudicatum solvi. The goal is to create a complete picture of costs enforcement proceedings.

Legal conflict between the EU and the republic of Poland regarding polish judicial reform

2021 ◽  
Author(s):  
Ivan Yakovyuk ◽  
Suzanna Asiryan ◽  
Anastasiya Lazurenko
Keyword(s):  
European Union ◽  
Judicial Reform ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Legal Nature ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Eu

Problem setting. On October 7, 2021, the Constitutional Tribunal of the Republic of Poland ruled in favor of Polish law over European Union law, which in the long run may violate the principles according to which the Union operates and the rights enjoyed by citizens of the state. Such a precedent can further serve as a basis for identical decisions of the bodies of constitutional jurisdiction of those states that have problems in fulfilling their obligations in the European community. Analysis of recent researches and publications. The problems of the functioning of the bodies of the European Union, the implementation of their decisions and the general status in EU law are widely studied in national science. In particular, many scholars have studied the legal nature of the EU, including: TM Anakina, VI Muravyov, NM Ushakov, A. Ya. Kapustina, NA Korolyova, Yu. Yumashev, BN Topornin, OYa Tragniuk, SS Seliverstov, IV Yakovyuk and others. Target of research is to establish the foundations of EU law in the functioning of Union bodies, especially the Court, as well as to determine the hierarchy of national law and EU law. Article’s main body. Over the years, the Court has, within its jurisdiction, issued a large number of judgments which have become the source of the Union’s Constituent Treaties and of EU law in general. Over the last two decades, the powers of the Court of Justice have changed significantly. In particular, this is due to the adoption of the Lisbon Treaty, which amended the EU’s founding treaties on the powers of the Court, then the reform of the European Court took place in 2015-2016, which concerned a change in the organizational structure of the Court. Despite the generally well-established case law of the Court of Justice of the European Union on the unification of the observance by the Member States of the basic principles of the European Union, the Constitutional Tribunal of the Republic of Poland adopted a decision on 7 October. Conclusions and prospects for the development. Following the decision of the Constitutional Court, the Polish authorities found themselves in a situation that significantly complicated its internal and external situation. The way out of which requires answers to fundamental questions about the legal nature of the EU. Undoubtedly, this is an issue not only between Poland and the EU, but also between other member states.

scholarly journals Urgensi Dan Strategi Pemberdayaan Peradilan Adat dalam Sistem Hukum Nasional

2018 ◽  
Vol 2 (3) ◽  
pp. 122-146
Author(s):  
I Ketut Sudantra
Keyword(s):  
Legal System ◽  
Justice System ◽  
Indigenous Communities ◽  
Customary Law ◽  
Legal Structure ◽  
Legal Nature ◽  
The Law ◽  
The Republic ◽  
And Behavior ◽  
Attitudes And Behavior

Tulisan ini bertujuan untuk menjelaskan urgensi dan strategi pemberdayaan peradilan adat dalam sistem hukum di Indonesia. Secara konseptual, peradilan adat yang dimaksud dalam tulisan ini adalah sistem peradilan yang hidup dan dipraktikkan dalam kesatuan-kesatuan masyarakat hukum adat. Secara konstitusional, eksistensi peradilan adat diakui berdasarkan Pasal 18B ayat (2) Undang-undang Dasar Negara Republik Indonesia Tahun 1945, tetapi dalam level peraturan perundang-undnagan di bawah Undang-undang Dasar, eksistensi peradilan adat tidak mendapat pengakuan yang memadai. Kondisi ini menimbulkan dampak melemahnya posisi peradilan adat pada sebagian masyarakat adat ditandai oleh sikap dan perilaku masyarakat yang mulai enggan menyelesaikan perkaranya melalui peradilan adat. Di beberapa tempat, dewasa ini sudah tidak bisa ditemukan lagi adanya peradilan adat. Apabila kondisi ini dibiarkan berlangsung terus maka akan mengancam eksitensi kesatuan masyarakat hukum adat, sebab tanpa adanya pranata peradilan adat yang berfungsi menegakkan norma-norma hukum adat, suatu kesatuan masyarakat hukum adat akan kehilangan eksistensinya sebagai suatu kesatuan masyarakat hukum adat yang hidup. Oleh karena itu, peradilan adat sangat penting dan mendesak direvitalisasi, dalam arti diberdayakan agar dapat berfungsi kembali sebagai alternatif penyelesaian perkara, khususnya di lingkungan kesatuankesatuan masyarakat hukum adat.. Revitalisasi peradilan adat dapat dilakukan melalui strategi pembenahan seluruh komponen sistem hukumnya, baik substansi hukum, struktur hukum, dan buidaya hukumnya. This paper aims to explain the urgency and strategy of empowering customary justice in the legal system in Indonesia. Conceptually, the customary judiciary referred to in this paper is a living justice system that is practiced in customary law communities. Constitutionally, the existence of customary courts is recognized based on Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, but at the level of statutory regulations under the Constitution, the existence of adat justice does not receive adequate recognition. This condition has the effect of weakening the position of customary justice in some indigenous communities marked by the attitudes and behavior of people who are reluctant to settle their cases through adat justice. In some places, there is no longer any traditional justice. If this condition is allowed to continue, it will threaten the existence of the customary community, because without customary judicial institutions that function to uphold customary law norms, a customary community community will lose its existence as a living customary community. Therefore, customary justice is very important and urgent to be revitalized, in the sense that it is empowered so that it can function again as an alternative case settlement, especially in the environment of customary law community units. Revitalization of customary justice can be done through a strategy of revamping all components of the legal system, both in substance the law, the legal structure and the legal nature. 

scholarly journals Criminal Sanctions for Legal Entities in the Law of the Republic of Serbia

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Dragan Jovašević
Keyword(s):  
20Th Century ◽  
Criminal Liability ◽  
The State ◽  
International Standards ◽  
Security Measures ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
Legal Nature ◽  
The Law ◽  
The Republic

In 2008, the Republic of Serbia adopted a special Law on Liability of Legal Persons for Criminal Offenses. In doing so, on the basis of the international standards contained in the relevant international documents, it joined a large number of countries that introduced criminal liability of legal persons for crimes committed in addition to their responsible persons at the end of the 20th century. For legal persons, the law prescribed a disparate system of criminal sanctions in response to the state-society’s response to such unlawful and punishable conduct. The system of criminal sanctions in the law of the Republic of Serbia includes: penalties, probation and security measures. The law defined the concept, character, legal nature, manner, procedure, pronouncement and execution of criminal sanctions, whose characteristics this particular work speaks of.

scholarly journals GOVERNING BODIES OF TROITSKOSAVSK IN THE 1920s

2021 ◽  
pp. 11-15
Author(s):  
Krasovskaya A. A. ◽  
Keyword(s):  
Military Intervention ◽  
Complete Picture ◽  
Municipal Governance ◽  
Exact Date ◽  
Difficult Time ◽  
History Of ◽  
The Republic ◽  
State Archives ◽  
Goals And Objectives ◽  
The Town

The article deals with the governing bodies of Troitskosavsk in the 1920s. Particular attention is paid to the process of their formation in the difficult time of changing the power, Civil War and foreign military intervention. We have described the structure of the governing bodies of Troitskosavsk, namely economic, financial, administrative, transport departments. The materials of the State Archives of the Republic of Buryatia (SARB) made it possible to present a complete picture of the activities of government bodies in the town. The archival sources allowed us to identify the members of Troitskosavsk district people's revolutionary committee, particularly Troitskosavsk municipal people's revolutionary committee. By studying the protocols, circulars, resolutions of the municipal governance, correspondence with other institutions, as well as correspondence between departments and appeals of the members of people's revolutionary committees, we established the main functions, goals and objectives of the emergency authorities in the town, as well as the problems they were forced to decide in the current conditions. We also determined a clear chronological framework for the beginning of the activities of both district and municipal people's revolutionary committees. The exact date of the end of their activities in Troitskosavsk is unknown till now. That is why it is necessary to continue the study of the municipal governance. Despite the few available researches on the history of Troitskosavsk, there are still gaps on the issues of municipal governance. For an in-depth immersion in the topic of research, it is necessary to refer to archival sources, periodicals of that time, as well as to the sources of personal origin — memoirs and diaries of the participants in the events of those years.

scholarly journals Charakter prawny ograniczeń sposobu korzystania z nieruchomości w związku z ochroną zasobów środowiska – refleksje na temat art. 129 Prawa ochrony środowiska

2019 ◽  
Vol 16 (1 (3)) ◽  
pp. 185-198
Author(s):  
Sławomir Pawłowski
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Environmental Law ◽  
Public Law ◽  
Environmental Resources ◽  
Legal Nature ◽  
The Subject ◽  
The Republic ◽  
The Right ◽  
Right Of Property

The subject of the discussion is the legal nature of restrictions on the use of real estate in relation to the protection of environmental resources. Art. 129 of Environmental Law can have the effect that the use of a property or its part is impossible or substantially reduced. In doctrine, the dominant view is that such public-law interference in the right of property assumes the form of restriction referred to in Art. 64, par. 3 of the Constitution of the Republic of Poland. Another interpretation is also possible. Since the depth of the interference with property rights can lead to the effect that this property will become, as the Ombudsman has pointed out recently, “useless” to the owner, it would be reasonable to consider whether or not such property is de facto being expropriated. In such a case, the standard of constitutional control would be Art. 21, sec. 2.

scholarly journals MANAGEMENT AND STRUCTURE OF HOTELS IN THE REPUBLIC OF NORTH MACEDONIA

2019 ◽  
Vol 30 (6) ◽  
pp. 1771-1778
Author(s):  
Kašmir Saliu ◽  
Imer Saliu ◽  
Shaban Saliu
Keyword(s):  
Complete Picture ◽  
Theoretical Knowledge ◽  
Republic Of Macedonia ◽  
Travel Agencies ◽  
Scientific Justification ◽  
The Republic ◽  
Knowledge In Practice

In the conceptualization of the problem, the question of the utilization of hotel facilities in the Republic of Macedonia and the structure of the same in the Republic of Macedonia is raised. The answer to this question, as well as to many others, such as issues related to the operation of hotels, their categorization, structure, attendance, or more precise detailed hotel study, which are set as a task in the research, will be found through the extensive and detailed analysis.The scientific justification of this research refers to the theoretical knowledge of the importance of hotels as one of the key segments of tourism, ie their visit, structure, categorization and cooperation management of cooperation with travel agencies and their effects from interconnection.The practical justification of the topic is related to the application of theoretical knowledge in practice and it has wider dimensions because it mobilizes all the factors that are directly or indirectly interested in this issue in tourism.The aim of the paper is to give a complete picture of the types of hotels gravitated in the Republic of Macedonia by their activity and analysis of their division, structure, number, as well as their categorization, organization, utilization, structure, services and other.

scholarly journals THE LEGAL NATURE OF THE POSITIONS OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF AZERBAYJAN

2020 ◽  
Vol 7 (7(76)) ◽  
pp. 49-53
Author(s):  
Kenul Huseynova
Keyword(s):  
Constitutional Court ◽  
Legal Nature ◽  
Legal Position ◽  
The Republic ◽  
Characteristic Features

This article investigates the characteristic features of the judicial precedent and legal positions of the Constitutional Court. We consider such concepts as «judicial precedent» and «legal position of the Constitutional Court of the Republic of Azerbayjan” and arrive to a conclusion that they are not identical. We single out legal positions of the Constitutional Court and analyze their consistency with the concept of judicial precedent.

scholarly journals The Republic of Srpska between Scylla and Charybdis

2005 ◽  
pp. 125-156
Author(s):  
Milijan Popovic
Keyword(s):  
Bosnia And Herzegovina ◽  
International Community ◽  
Constitutional Court ◽  
Peace Agreement ◽  
Police Reform ◽  
Legal Nature ◽  
Yugoslav Republic ◽  
Dayton Peace Agreement ◽  
The Republic ◽  
National Defence

The Republic of Srpska was created during the civil war in the territory of the former Yugoslav republic of Bosnia and Herzegovina in 1992-1995. Within the general framework of the agreement to establich peace in Bosnia and Herzegovina (the Dayton Peace Agreement), in Novembar 1995 it was recognized as an entity within Bosnia and Herzegovina. According to the Dayton Constitution, by its legal nature The Republic of Srpska was a confederative unit (with some elements of a federal unit) within Bosnia and Herzegovina as a confederation (with the some elements of a federation). During the last ten years, both Bosnia and Herzegovina and The Republic of Srpska underwent deep transformations. An indication of these deep transformations was the decision of the president of the Arbitration Tribunal to establish the District of Brcko as the third entity sui generis (in addition to The Republic of Srpska and The Federation of Bosnia and Herzegovina). Two basic levers in the anti-Dayton transformational processes which occurred in Bosnia and Herzegovina and its entities were The Constitutional Court of Bosnia and Herzegovina, as well as The High Representative of the international community for Bosnia and Herzegovina. The Constitutional Court of Bosnia and Herzegovina passed a series of anti-Dayton decisions; by its consequences the most far-reaching decision was related to the issue U 50/2000 which declared the constitutionality of the Bosniacs, the Croats and the Serbs in the entities. On the basis of that decision, in 2000 a set of amendments to The Constitution of The Republic of Srpska was passed which deeply changed the legal nature of The Republic of Srpska. It was transformed from a confederative into to a federal unit. The anti-Dayton activity of The High Representative of the international community is even more pronounced. He became the main constitutional and legislative factor of Bosnia and Herzegovina and its entities. Under his pressure, in 2003 new amendments to The Constitution of The Republic of Srpska were passed which further diminished the authorities in The Republic of Srpska, specially in the field of national defence and public security. The High Representative himself brought and declared dozens of laws for Bosnia and Herzegovina with which he transformed Bosnia and Herzegovina from the union of states into a federation. With the police reform he announced, he is preparing to regionalize Bosnia and Herzegovina, not taking into account the entity borders, and thus to pave the way for the final abolition of entities including The Republic of Srpska.

scholarly journals State responsibility for damage caused by unfair sentence or unfounded arrest

2013 ◽  
pp. 653-665
Author(s):  
Natasa Mrvic-Petrovic ◽  
Zdravko Petrovic
Keyword(s):  
Human Rights ◽  
The State ◽  
State Responsibility ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
General Rules ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

The legal basis of state responsibility for damage caused by unfair sentence or unfounded arrest is the need to protect fundamental human rights and freedoms guaranteed by the Constitution and generally accepted international rules. The right to compensation on this basis (although subjective civil right) has a sui generis legal nature, because it is connected with the protection of human rights. Joint public-private legal nature of such a request is expressed in the legislation of the Republic of Serbia, because the circle of authorized persons and the conditions under which they may be entitled to compensation is determined by the criminal procedural rules, while the existence of a legally recognized forms of damage and the extent to which the damage may be reimbursed is estimated according to the general rules of Law of obligations. While the legislation is very progressive, it is observed that, in practice, the applications for compensation are usually submitted because of the most unreasonable detention of up to one month or three months, and the inefficiency of the criminal proceedings, suspended upon the expiration of the absolute limitation of prosecution. The state could easily affect these practices. Also, the priority of state must be meeting its financial obligations with regard to final adjustments, and the imposition of demands for compensation.

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