Судијско расуђивање и примена права у прекршајном поступку
Judicial Reasoning and Application of Law in Misdemeanor Procedure

Author(s): Mladen Jeličić
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Misdemeanors; Misdemeanor procedure; Judicial reasoning; Application of law; Independent and impartial court; Reasoned decision;
Summary/Abstract: In the paper, the author analyzes the basic principles of judicial reasoning as a prerequisite for the application of law in misdemeanor procedure. Following the initial discussions, which delved into the fundamental elements of the topic from the perspective of misdemeanor law, the author highlighted the core of the law's application through the interactive resolution of factual and legal problems. We discussed the key principles of judicial reasoning and the application of law in misdemeanor procedure, emphasizing the independence and impartiality of the judge as the fundamental postulates of a fair procedure. The finalization of the mentioned process is a court decision that should be properly argued and explained. The practical implications of the judge's judgment and application of the law are seen through examples from the practice of the misdemeanor courts. The author's conclusion is that judicial reasoning and the application of law represent a unique process that should be implemented in a way that ensures fair misdemeanor procedure.

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