ПОЈАМ И ФУНКЦИЈА ПРАВНИХ ЛЕКОВА И ЊИХОВО МЕСТО У СИСТЕМУ КРИВИЧНОГ ПРОЦЕСНОГ ПРАВА
THE CONCEPT AND FUNCTION OF LEGAL REMEDIES AND THEIR POSITION IN THE SYSTEM OF CRIMINAL PROCEDURE LAW

Summary/Abstract: The essay, under the above captioned heading, discusses the main viewpoints on the nature of this legal institution. Their sequence begins by the determination of legal remedies as means of control (supervision) of sentences (decisions, verdicts) possed by the courts, as actions of the procedure and means of accomplishment of formal effectiveness of sentences (decisions, verdicts) passed by the courts, respectively, the alteration of their material effectiveness. Within the latest viewpoint, which is in fact defended by the author of this essay, particular attention is devoted to the determination of the concept of formal and material effectiveness of sentences (decisions, verdicts) passed by the courts as well as the significance of the legal remedies pertaining to each of them. The second part of the essay deals with the position of the legal remedies in various systems of criminal procedure law. This question is analysed by the author within the synthetic system representing the regulation of the lowest, higher and highest (fundamental) concepts of each branch of law, criminal procedure law as well. Taking this position as a starting point, the author observes that in theory, legal remedies are sometimes discussed as institutions separate from effectiveness and prior to it. It has also been noted that legal remedies have not found their place in the general classification made by individual systems of criminal procedure law, and civil procedure law as well, but are discussed under sub-headings within these systems. Such method of determination of the position of legal remedies in the systems of criminal procedure law, and civil procedure law as well, is critisized by the author, seeking the solution to this problem in the connection of legal remedies with those legal institutions with which it has most coordinating closeness, in other words, with sentences (verdicts, decisions) passed by the courts. This idea, however, is feasible within that system of criminal procedure law which is based on factors of that procedure, actions and sentences (decisions, verdicts; passed by the courts as its principle concepts.

• Details
• Contents