Захтјев за заштиту законитости у прекршајном поступку
Request for Protection of Legality in Misdemeanor Proceedings

Author(s): Ljubana Sladić
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Criminology
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Extraordinary legal remedy; Request for protection legality; Misdemeanor proceedings; Criminal proceedings;
Summary/Abstract: The request for protection of legality is one of the extraordinary legal remedies which exist in the misdemeanor legislation of the Republic of Srpska. The method of its legal regulation causes a lot of problems in practice because the text of the misdemeanor law only refers to the similar application of the provisions of the Law in criminal proceedings, in which there is an extraordinary legal remedy of the same name. Of course, despite many similarities between criminal and misdemeanor proceedings, there are differences between them too and due to these differences, excessive reference to similar application, which is present in a large number of cases and which is confirmed by the way this extraordinary remedy is regulated, should not be allowed. What are the shortcomings that may occur in the misdemeanor practice in the mentioned similar application of the provisions of criminal procedure law, and who can file this legal remedy in the misdemeanor procedure, within what period, in what way and under what conditions and how the procedure progresses, are the questions which will be answered in the remaining part of the paper.

• Details
• Contents