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Dvije škole pod jednim krovom u Bosni i Hercegovini: (ne)razumijevanje problema i moguća rješenja

Author(s): Alina Trkulja / Language(s): Bosnian

The focus of the work are the so-called "Two schools under one roof", currently 34 such in two cantons of the Federation of Bosnia and Herzegovina (hereinafter FBiH), Herzegovina-Neretva (HNK) and Central Bosnia (SBK), according to which students attend classes in two schools within one school building, separated by ethno-national affiliation, often with a ban on "mixing". Here, segregation and even discrimination in schools are more clearly seen, but in areas of BiH with a dominant ethnic majority, although it should be noted that the latter are not immune to them either. Because, as simplistic as it may sound, Bosnia and Herzegovina essentially has three types of schools3 and three school systems or “three schools under one roof”. // The aim of this analysis is to map current practices in education in BiH from the perspective of language and identity, as well as to identify dominant concepts and models for solving the problem of divided education operated in political and expert platforms and initiatives in this area, and critically evaluate them. in accordance with the principles, values and goals of education established by the international human rights framework and the state legal framework. About this practice, with emphasis on the attitudes of teachers, parents and students, several major studies have been done so far, the conclusions of which are the starting point and basis for the analysis of proposed models of education.5 Relevant international standards and laws were used as primary sources. and strategic documents in BiH. From secondary sources, books, academic and media articles and reports, as well as media appearances of relevant actors and experts in the field of education were consulted. Through interviews with experts and decision-makers at various levels, primarily representatives of the OSCE and relevant ministries of education, but also through a number of sources on shared education, the currently dominant model proposals for overcoming identified problems and achieving fairer, inclusive and intercultural education were identified and analyzed.

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Javni organi i proaktivno objavljivanje informacija u Bosni i Hercegovini: Kako izuzetke pretvoriti u pravilo

Author(s): Dino Jahić / Language(s): Bosnian

The analysis that follows shows how the five state institutions in Bosnia and Herzegovina (BiH) have managed to develop proactive transparency, despite the lack of uniform legislation and an organized systemic approach to this issue. In addition to international standards and comparative practices in this area, as well as the legal framework governing proactive publishing in BiH, most of the analysis is based on interviews with representatives of five institutions identified by the Center for Social Research Analytics conducted in mid-2014. as the most successful examples of proactive transparency. The institutions with the highest degree of proactive transparency are: the BiH Parliamentary Assembly, the BiH Civil Service Agency, the BiH Ministry of Finance and Treasury, the BiH Agency for Development of Higher Education and Quality Assurance, and the BiH Agency for Identification Documents, Records and Data Exchange (IDDEEA) . Semi-structured interviews were conducted with representatives of these five public bodies in December 2014, on the basis of which the central part of this analysis was prepared.

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Kako do adekvatne strategije za prevenciju i borbu protiv diskriminacije?: moguće lekcije za Bosnu i Hercegovinu

Author(s): Vesna Pirija / Language(s): Bosnian

Bosnia and Herzegovina has built a legal framework to combat discrimination in the past. The prohibition of discrimination proclaimed by the constitutions was elaborated in detail by the Law on Prohibition of Discrimination (ZZD), which at the time of its enactment was a progressive legal solution. By adopting the amendments to the CPA during 2016, significant shortcomings related to incompleteness and terminological inconsistency of the grounds and forms of discrimination were eliminated, and the procedural aspects of the procedure for protection against discrimination before the court were improved. // However, discrimination remains an acute problem of BiH society, which is confirmed year by year by relevant reports. Time has shown that the authorities responsible for the implementation of the ZZD do not have the capacity to provide the necessary level of protection to citizens. The competencies and procedures of protection before the Institution of the Human Rights Ombudsman of BiH require fundamental changes, while the case law, despite some progress made in recent years, still "does not follow the significant prevalence of discrimination in BiH society". In addition, the lack of political will to eliminate systemic discrimination established by final court rulings is openly expressed. This situation is discouraging given that declarative constitutional and legal guarantees are not supported by an effective enforcement mechanism.

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Ključni problemi u procesuiranju korupcije u Bosni i Hercegovini: materijalnopravni aspekti

Author(s): Adela Bejtović-Janušić / Language(s): Bosnian

Corruption is undoubtedly ubiquitous in Bosnia and Herzegovina, in all pores of society and on an increasing scale. By simply searching journalistic texts, it is possible to notice that citizens perceive corruption as one of the ways to exercise their rights and interests, primarily in health and education, but also in the police and judiciary. // A 2013 study of the national integrity system by Transparency International states that “despite years of reforms, international community engagement and donor assistance, widespread corruption remains the most significant problem in BiH and undermines any substantive reforms that would lead to until the establishment of a functional and self-sustaining country. ” Many foreign investors cite a high degree of corruption, which causes enormous moral and material damage to society, as a reason for non-investment or limited capital investment in Bosnia and Herzegovina, in addition to complicated state structure and political instability. // The reasons for the poor performance of the judiciary in prosecuting corrupt crimes range from the very nature of the phenomenon of corruption, which is shrouded in secrecy due to the interests of participants, making it difficult to detect, to insufficiently good institutional and legal solutions. This paper will address some of these reasons, while special attention will be paid to the substantive aspect of the problem, ie obstacles to the effective prosecution of corruption in BiH, which concern the very definition of corrupt crimes.

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Krivično djelo zloupotrebe položaja i ovlasti: Ključni problemi iz perspektive njegovog procesuiranja u BiH

Author(s): Sabina Sarajlija / Language(s): Bosnian

This analysis offers an overview of the historical development of the crime of abuse of power, the characteristics of the crime, legislative and practical specifics and problems in its detection and proof, and provides an overview of case law in this area in Bosnia and Herzegovina (BiH). Comparative legal solutions taken for comparison are the countries of the region - Serbia and Croatia. The analysis was performed on the basis of a comparison of legal solutions, analysis of court decisions and everyday, practical experiences of prosecutors. The analysis also includes ideas in the professional community on changing the provisions on this criminal offense and the reasons that guided some comparative legislation to separate this criminal offense into two, according to the criterion of whether the specific criminal offense is committed by an official or responsible person.

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Kvalitet optužnica i presuda u Bosni i Hercegovini kao faktor efikasnog procesuiranja krivičnih djela korupcije

Author(s): Ljiljana Filipović / Language(s): Bosnian

The Recommendation on Judges of the Committee of Ministers of the Council of Europe to member states (CM / Rec (2010) 12) defines efficiency as making quality decisions within a reasonable time after impartial consideration of all issues. A quality court decision and an impartial consideration of all issues (factual and legal) are integral parts of the efficiency thus understood. After all, only such court decisions can achieve the purpose of criminal proceedings - the protection of society from crime, but also the protection of basic human rights of persons suspected or accused of criminal offenses. Only such court decisions can contribute to the rule of law and legal certainty in terms of the predictability of the consequences of criminal law violations. // Similar understandings of the efficiency or effectiveness of criminal proceedings can be found in criminal law theory. Krapac considers that “effective ... is a fairly conducted criminal proceedings whose duration is appropriate to the circumstances of the case and in which the competent court correctly distinguished innocence from the guilt of the accused and imposed a legal criminal sanction on the latter”. Efficiency, therefore, implies not only respect for all procedural guarantees that guarantee the right to a fair trial, but also the adoption of a correct court decision, ie. the one in which the court correctly ruled on the guilt of the accused. In other words, “achieving efficiency must be within the framework of legal and fair procedure” // Therefore, it is necessary to deal with other components of the efficiency of the judiciary and criminal proceedings in order to raise its level. The quality of prosecutorial and court decisions is certainly one of those components.

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O čemu bi sve trebalo razmišljati pri reformisanju Predsjedništva BiH

Author(s): Svjetlana Nedimović / Language(s): Bosnian

This paper is an attempt to recall neglected aspects of the issue of representation and equality, and to consider the various reform proposals of the BiH Presidency, precisely and analytically systematized in a recently published study by E. Hodžić and N. Stojanović, in the light of these aspects. on changes to the Constitution of Bosnia and Herzegovina possibly developed in a completely new direction determined by a more refined understanding of political equality and representation, which modern democracy, achieved and / or emerging, requires.

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Perspektive kriminalizacije nezakonitog bogaćenja javnih funkcionera kroz krivične zakone u Bosni i Hercegovini

Author(s): Srđan Vujović / Language(s): Bosnian

The fight against corruption in the world, at the end of the XX and the beginning of the XXI century, was marked by cases of high-level corruption, in which the main actors were often public officials, and who gained significant wealth by using their positions. By violating the principles of proper and lawful performance of official and responsible duties, such cases have caused great damage to the community, individual institutions, but also to the state itself. In order to preserve the rule of law, cases of corruption among public officials should be detected, perpetrators punished, and illegally acquired property confiscated and returned to the community.

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Potencijal medijacije u slučajevima diskriminacije u Bosni i Hercegovini

Author(s): Kosana Beker / Language(s): Bosnian

Mediation is a structured procedure, regardless of the name of the procedure, by which two or more parties to a dispute seek to reach an agreement on their own, on a voluntary basis, on resolving the dispute with the help of a mediator. The mediation procedure can be initiated by the parties themselves, it can be proposed or ordered by a court or it can be prescribed by law. Having in mind this definition, it can be concluded that mediation has long been represented as a way of resolving conflicts around the world, because even without special regulations there was no obstacle for one person (mediator) to help other persons in dispute to, peacefully and without engagement of the state apparatus, resolve its dispute in a mutually satisfactory manner. Unlike court proceedings in which one always wins and one always loses, in the mediation procedure both parties will be satisfied with the way the dispute between them is resolved, that is, both parties will win the dispute, because they will have the opportunity to influence the procedure and to reach an agreement that will be acceptable to both parties.

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Reforma Doma Naroda Parlamentarne Skupštine BIH

Author(s): Florian Bieber / Language(s): Bosnian

The new House of Peoples, ie the Senate, which would represent the upper house of the BiH Parliamentary Assembly and could equally consider the interests of constituent peoples, constituent territorial units and national minorities, would eliminate discrimination present in the current system and reduce the link between territory and ethnic identity. Such a reform would not be a cure for all the problems of the political system of Bosnia and Herzegovina, because it cannot remove the blockades that can make decision-making difficult. In constitutional engineering, one should be aware of its limitations: it cannot create political will where it does not exist and it cannot eliminate the divisions that characterize the political reality in Bosnia and Herzegovina. The most that can be achieved by such a constitutional reform is to equalize the conditions for all so that the interests of only certain collectives are not important, and to provide mechanisms that will lead to disagreement over a particular law does not automatically lead to a blockade. Whether these funds will be used will depend on those in power: constitutional changes cannot create political will, but can only provide impetus.

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Transparentnost pravosuđa u Bosni i Hercegovini u domenu procesuiranja koruptivnih krivičnih djela

Author(s): Erna Mačkić / Language(s): Bosnian

In post-conflict Bosnia and Herzegovina, one of the key problems is corruption. According to numerous researches and reports, corrupt activities mostly hinder our country on the path to Euro-Atlantic integration, hinder the reform process, and at the same time progress for citizens. // The European Commission (EC) report for 2016, for example, states that Bosnia and Herzegovina has adopted certain laws and action plans to fight corruption, expressed a political commitment to address this problem, but that no concrete results have followed. // Bosnia and Herzegovina, according to the report, has reached a certain level of preparedness to fight corruption. Some progress has been made with the adoption of action plans at various levels of government, but, according to the European Commission, fragmentation is negatively affecting their effective implementation. Corruption remains widespread in many areas and remains a serious problem, according to a European Commission report. // The perception of corruption as a key scourge of our society is shared by citizens. According to the Transparency International Corruption Perceptions Index2, Bosnia and Herzegovina ranks 83rd out of 176 countries, below the countries of the region - Croatia, Montenegro and Serbia. Bosnia and Herzegovina, for example, received a score of 39 in 2016, on a scale of zero to 100, and shares a position with Albania.

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Uočene slabosti u procesuiranju korupcije u Bosni i Hercegovini – procesnopravni i organizacionopravni aspekti

Author(s): Hajrija Sijerčić-Čolić / Language(s): Bosnian

On May 7, 2015, the Council of Ministers of BiH adopted the Anti-Corruption Strategy 2015-2019. and the Action Plan for the Implementation of the Anti-Corruption Strategy 2015–2019.1 This document warns of the already known and many times mentioned and described consequences of corrupt crimes, the constant spread of corruption in the economic and political sphere (especially in transition countries), its disastrous consequences for the development of the economy "... by causing unpredictable costs for investors who are discouraged from future investments, causing the growth of the gray economy and a reduction in state revenues based on unpaid taxes, customs and other duties ....". The European Union in charge of the countries of the Western Balkans also very often point out that the EU member states, the countries on the way to accession, as well as those yet to open negotiations with the European Union, should be asked for concrete evidence of progress in criminal justice. crime and the protection of human rights. It is believed that the process of negotiating with "candidate countries" should begin with these issues because they are the biggest challenge for the national legal and judicial system. Of particular importance in this regard are the negotiating chapters 23 and 24, which, as a reminder, relate, inter alia, to the functioning of the rule of law, protection of human rights, judicial reform, cooperation of judicial, police and customs authorities in the fight against organized crime. , to fight corruption, confiscation of criminally acquired property, formation of joint investigation teams. That is why the Anti-Corruption Strategy states that the fight against corruption is one of the key challenges of the rule of law in most countries involved in the EU enlargement process, and that this fight is related to the protection of basic human rights and criminal justice.

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