ПОЈАМ ЈАВНИХ И ДРУШТВЕНИХ СЛУЖБИ КОД НАС
THE CONCEPT OF PUBLIC AND SOCIAL SERVICES IN YUGOSLAVIA

Summary/Abstract: The concepts of the public and social services have become interesting in Yougoslavia after the adoption of the Constitution of the SFRY and new legislation because of the constitutional conception about these services and lack of the clear interpretation of these concepts in the theory after the adoption of the Constitution. The institution of the public service has especially developed in France and has been seriously analyzed by many authors. Among these the most deserving were L. Diguit, G. Jeze and others. This institution has been developed in other countries as well as within the Anglo-american law. In Yugoslavia this institution had different path of development. The concept of the public service did not appear at the very beginning of our socialist state and law. At that time, everything was in the hands of the state organs. In Yugoslavia the concept of the public service has been connected with processes of decentralization and deetatization, with transferring of tasks from the state organs upon the non-state organs and organizations. That is where the difference between the function of the public service in the bourgeois and our state appears; in the bourgeois states the public service appears with the strengthening of the state and its interventions in the society: In the bourgeois theory the concept, of the public service appears as the balance to the private initiative embracing the activities performed by the state organs and other bodies, but only if these later have been regulated, safeguarded and controled by the state. With the development of the processes of deetatization the concept of the public service has been created in Yugoslavia. At the beginning the public service has embraced small number of activities, but later on this number increased. Because of that, the public service, as to the positive legislation, comprises not only education, science, protection of health, and the similar, but the administrative activities and the activities of the state organs, too. In our theory the concept of the public service has been widely, discussed and many characteristics and definitions of this concept have been given. Also, beside the concept of the public service there appeared in our theory the concept of the social service, and because of that explanations of both the activities have been given in the theory. Some authors, on the other hand, have deneid the existence of these two specific concepts — of the public and social services, and equated these two concepts. Constitution of the SFRY and the new legislation do no more use the term public service, but only when it is spoken about the establishment of the working organization, they mention indirectly the new term — social service. On the bases of the constitutional conceptions that some activities or their parts are of special concern to the social community, the efforts to define these concepts nowdays in Yugoslavia have been made. Social services represent a special sort of activities different from the economic ones; these activities are characterized by their beneficial character and the fulfillment of the communal needs beside the individual ones. These characteristics make these activities have a stronger importance for the society; they are of special concern to the social community. This special concern may appear in one whole activity or some of its parts. These characteristics of the social services may appear in some economic activities as well (transportation, electrics, etc.) and because of that these activities may in one stage of social development have a stronger importance for society, maybe of the special concern to the social community. These common characteristics make some activities of the social services and economy represent the institution of the public service.That is why we thrnk that as to the constitutional conception the institution of the public services received a more narrow and concept when compared to the earlier concept of the public services.

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