ОБАВЉАЊЕ ДЕЛАТНОСТИ КОЈЕ ИМАЈУ ОБЕЛЕЖЈА ЈАВНИХ СЛУЖБИ У ЈУГОСЛОВЕНСКОМ ПРАВУ
THE PERFORMANCE OF ACTIVITIES HAVING THE CHARACTERISTICS OF PUBLIC SERVICES IN YUGOSLAV LAW

Summary/Abstract: Yugoslav law does not recognise the so-called public services, although there were, in certain post-war periods of development of the legal system of socialist Yugoslavia, some attempts of their introduction into it (the status of the Railways). However, basically the same targets are achieved — in the essence, the introduction of public services into the legal system — through the legal categories of activities of particular social interest and through the ample utilisation of the constitutional provisions pertaining to compulsory association of organizations of associated labour (prescribed by special law) performing these activities into a community of organizations of associated labour, especially self-management communities of interest for the various branches of activities. Thus the comparison of the mentioned institutions in different legal systems is very possible. After all, if the mentioned similarity is stressed, then the question why the Yugoslav legal system does not recognise the legal institution of public services may be asked. The answer to this question may be sought in the difference between some of the fundamental postulates erf certain legal systems.- Those legal systems based on public law as the instrument of expression of the general-common interest which cannot be protected by private law, rely on public services as a means of protection of the general public interest manifested in certain activities, which are otherwise, according to their nature, within the realm of private law, or more precisely, commercial and trade law. It is therefore justified that the legal regime of these activities is exempt from the legal regime of commercial, or more widely, private law, and is transferred to the legal regime of public law establishing a legal regime which is closer to the function of the state than to the function of private capital. The Yugoslav legal system is based on the conception of development' of a self-management social organization, in which the existence of the self-management structure and the state/governmental structure represent a process of the withering away of the state regardless of the still very present and very much pronounced functions of the state. It is then only natural the seeking of state protection of that interest through legal institutions that the direction of protection of the public interest could not retreat to of public law, but move in the direction of creation of specific forms of self-management organization of protection of that interest through communities of organizations of associated labour and self-management communities of interest of material production by designation of certain activities as activities of particular social interest.

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