Uloga usklađenosti poslovanja u prevazilaženju pravnih praznina
The Role of Business Complience in Overcoming Legal Gaps

Author(s): Armina Čunjalo
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, Labour and Social Security Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Legal compliance; Compliance; Business law; Legal gaps;
Summary/Abstract: Globalization and modernization of society simultaneously require the flexibility of law and legal regulations. The foregoing stems from the fact that it is very important that business at the international level be as simple and as safe as possible from a legal point of view.The national legal framework regulates (almost) all legal matters, but difficulties arise in situations where they are not regulated in detail or where they are not regulated in detail skillfully. This can be a problem at the national and also at the international level - for companies that operate outside the borders of their country of origin. Recently, it has been necessary to devise a mechanism by which it will be easier to bridge legal gaps in various spheres, especially in the sphere of business.Thus, the introduction of the concept of "legal compliance" into everyday business is becoming more and more frequent. Legal compliance in business is a mechanism by which policies and procedures, as well as business itself in a practical sense, are harmonized with all laws, by-laws, international regulations that regulate a certain area, which contributes to overcoming legal gaps by relying on several regulations that regulate a certain area.The focus of this paper will be on legal business despite the fact that not all legal relationships and actions are foreseen and defined in advance. Therefore, in the context of legal gaps, the focus shifts from the legal relations of private persons to the legal relations/actions of legal and natural persons in business.For the purpose of paper, examples of legal gaps in domestic legislation and possible consequences which can be minimized or completely avoided by the business compliance mechanism will be presented.In the concluding remarks, the author of the paper will give certain possible solutions that can be achieved through the mechanism of legal compliance and business.

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