ПРАВНИ ПОЛОЖАЈ СТРАНКЕ У ПОСЕБНИМ УПРАВНИМ ПОСТУПЦИМА У ОБЛАСТИ УНУТРАШЊИХ ПОСЛОВА
LEGAL POSITION OF THE PARTY IN SPECIAL ADMINISTRATIVE PROCEEDINGS IN THE FIELD OF INTERNAL AFFAIRS

Summary/Abstract: The main participants in the administrative procedure are the authority that is competent to conduct the procedure and decide on the subject administrative matter and person whose rights, obligations and legal interests are decided in the specific case. The party, as a person whose rights, obligations and legal interests are decided, is not (only) and individual whose suffer administrative work, but a subject who has recognized procedural rights. In this context, the positive law of RS, BiH and international legal acts give, among other things, the rights to a party to be permament notified and to participate in all procedural actions in the procedure that concern her, to have access to relevant documents in the procedure, to have the right to legal assistance in procedure, the right to an explanation of all decisions that decide on her legal position, the right to decide on her legal situation within a reasonable time and the right to legal protection against acts she is not satisfied with. In special administrative procedures, in the field of internal affairs, some legal solutions do not recognise the above mentioned legal rights of the parties. Such legal solutions are justified by the protection of public interest and the protection of the rights and interests of third parties, who, due to a certain connection, with the administrative matter being decided, have the rights to participate in the procedure. The aim of the paper is to prove the immoderation of the legislator when standardizing the legal position of the party in special administrative procedure in the field of internal affairs in the sense that the legal position of the party could and had to be protected more without infringing the public interest and the rights and interests of third parties.

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