Parties to Administrative Procedure - From the Aspect of Positive Law With the Overview of Former SFRJ Countries Cover Image

Странке у управном поступку - позитивно-правни аспекти са освртом на поједине земље бивше СФРЈ
Parties to Administrative Procedure - From the Aspect of Positive Law With the Overview of Former SFRJ Countries

Author(s): Zoran Jovanović, Dejan Vučinić
Subject(s): Law, Constitution, Jurisprudence, Public Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Parties in administrative procedure;Partisan activity;Procedural conditions;Principle of general administrative procedure;Comparative position of parties;
Summary/Abstract: The authors of this paper analyze the parties to the administrative procedure, as the main subject of this paper, with the focus on the key elements that determine their legal position – not only the direct provisions of substantive law defining their rights and duties, but also general legal principles and other provisions which directly or indirectly regulate their procedural status. Also, the nature of the administrative procedure, starting from the method of its initiation and management, to the issues about who presides over the procedure, who are the subjects to the administrative procedure, all the way to the final aspects of the purpose and goals of the administrative procedure – all this affects the legal position of the parties to this procedure. It is often said that the level of democracy in a society depends on the scope of declared rights. However, whether and to what extent these rights will essentially be achieved depends on the procedural conditions that is on the regulations which govern the procedure aimed at protection and exercising of subjective rights. In this sense, the administrative procedure represents a guarantee that the final outcome of the procedure will be an adequate legal solution related to the party’s right or duty. The author also attempts to present in this paper the analysis of the issues which further affect the position of parties to the administrative procedure, such as their conceptual definition, possibilities of partisan influence, certain principles of the administrative procedure which are directly related to the parties in the Republic of Serbia, but also in the countries of former Yugoslavia (Croatia, Montenegro and Bosnia and Herzegovina).