ПРАВНО УТЕМЕЉЕНА КОНСТРУКЦИЈА КРИВИЧНОГ ДЕЛА САМОВЛАШЋЕ НА ПРИМЕРУ ПОСТУПАЊА ОРГАНА ПОСЛОВОЂЕЊА НА УНИВЕРЗИТЕТУ
LEGALLY BASED CONSTRUCTION OF THE CRIMINAL OFFENSE OF SELF-GOVERNMENT AS AN EXAMPLE OF THE ACTIONS OF THE MANAGEMENT AUTHORITY AT THE UNIVERSITY

Summary/Abstract: The crime Self-government is prescribed in Art. 330 of the CC RS, according to which a criminal offense is committed by a person who independently acquires a right or a right that he believes belongs to him. A criminal act also exists in cases of obtaining rights for another. It is noticeable that the act of committing a criminal offense consists in self-acquiring rights. The object of self-acquiring rights can be a right that belongs to the perpetrator or that he considers to belong to him. The existence of a criminal offense requires the intent of the perpetrator to acquire his or an assumed right on his own. This means that the key thing in proving this criminal offense is the self-acquiring of the perpetrator’s rights and his awareness that he is self-appropriating his or an assumed right. According to the provisions of the Law on Higher Education of the RS (Article 64, Paragraph 1), the management bodies at the university are the rector of the university and the deans of the faculties. In performing these functions, they have various powers and rights that belong to them under the conditions provided by law. The paper discusses cases in which there are signs of the criminal offense of Self-government in the actions of the governing body. Based on the critical analysis, conclusions were drawn and implications were given that should contribute to a more efficient and legal work of the governing body at the university.

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