Управління ризиками та аналіз діяльності суб`єктів зовнішньоекономічної діяльності митними органами країн ЄС

Author(s): Yuriy Medvid / Language(s): Ukrainian / Issue: 28/2015

The article reveals peculiarities of customs risk management process in the EU in the aspect of analysis of foreign activities of economic entities. In particular, the process of customs risk management includes the following steps: establishing strategic, organizational and management principles, analysis and risk assessment, risk treatment, monitoring. The basis of the risk system is the analysis of risk indicators of foreign economic activity of entities. Among key indicators we can highlight the next: frequency and volume of declaration of goods by entities engaged in the foreign economic activities; dynamics of the ratio declaration of customs value and customs duties; declaration of goods, which belong to groups of products with significant differentiation of rates of duties or originate from countries with customs preferences; mode and route of goods delivery; the time interval and consistency of places of customs clearance; changing suppliers, country of origin, classification of goods by entities engaged in the foreign economic activities and others. Current trends of customs risk analysis are paying increasing attention to modeling of the goods supply chain, research of information and indexes of foreign entities activity related to revealed facts of irregularities and facts that may indicate possible non-compliance of rules of crossing the goods through the border

УПРАВЉАЊЕ БАНКАРСКИМ РИЗИКОМ

Author(s): Milena Jovanovic-Zattila / Language(s): Serbian / Issue: 81/2018

In the competitive financial market conditions, risk is an essential feature of banking activities, which pervades the entire bank management strategy and organization. Modern business conditions have influenced the transformation of banks into financial holding companies which do their business in all segments of the global financial market. As a result, they encounter different types of risks. If they assess and manage their risks inadequately, they are exposed to the possibility of opening bankruptcy. Therefore, business management in banks today is increasingly conceptualized as risk management. Considering that banks largely operate with financial instruments owned by another, risk taking is a dominant feature of banks. The paper aims to point out the basic risks in banking operations and the complexity of factors that determine these risks.

УПРАВЉАЊЕ ВОДНИМ РЕСУРСИМА И ЕВРОПСКЕ ИНТЕГРАЦИЈЕ СРБИЈЕ

Author(s): Dragoljub Todic / Language(s): Serbian / Issue: 71/2015

The paper points to the main elements important for understanding the obligations arising from the process of accession of the Republic of Serbia (RS) to the European Union (EU) as related to water resources management. The general framework is determined by the importance of water resources for contemporary international relations as well as the rules governing the process of harmonizing the national legislation with the EU legislation. This paper provides an overview of the most important regulations of the RS and the EU in the field of water resources management, including its status in international treaties. Drawing upon the rules governing the harmonization process, the paper provides indicators of the achieved level of compliance of national legislation with key EU regulations in the field of water resources management. The provided analysis is based on the premise that the process of joining the EU is the main factor that determines the current position and policy of RS in the field of water resources management. In that context, management of water resources falls into the group of EU regulations which are, within the framework of Chapter 27, most difficult to transpose and apply in the internal legal system. Although the process of harmonizing the national legislation with the EU legislation has been underway as regards a vast number of regulations, the process of reaching full compliance is likely to take a couple of years. Concurrently, it has been estimated that the full implementation of legislation harmonized with the EU legislation will take at least two decades, primarily due to the substantial financial resources to be invested in the development of water infrastructure. In terms of participation in the activities undertaken within the framework of international agreements in the field of water resources management and the state’s membership in relevant international treaties, it is noted that in the last decade the RS has managed to counterbalance the delay which was, for the most part, a consequence of the circumstances generated in the last decade of the 20th century. The RS is currently a state party to all the relevant international multilateral agreements in the field of water resources management, except for the New York Convention on the Law of the Non-navigational Uses of International Watercourses. However, regulation of bilateral relations with neighboring countries is still considered to be one of the issues that could be significantly improved.

УПРАВНА ДЕЛАТНОСТ ПОЛИЦИЈЕ И ЗНАЧАЈ РЕФОРМЕ ДРЖАВНЕ УПРАВЕ У РЕПУБЛИЦИ СРБИЈИ

Author(s): Zoran Jovanovic / Language(s): Serbian / Issue: 73/2016

Police activities are one of the oldest forms of administrative activities. Concurrently, the police represent one of the major fields of state administration. In previous times, the police comprised the entire sector of state internal affairs while, today, the police cover only a segment of state administration related to public safety of the country and its citizens. When we speak about the reform of state (public) administration, it unavoidably includes a reform of the police. In this paper, the author aims to point to the future priorities in the reform of this significant segment of state administration whose positive impacts could contribute to a more efficient crime combating. These priorities in police reform should include modernization, reorganization and bringing the police closer to the citizens in order to better respond to the challenges and needs of the contemporary society. The police should be the citizens’ service and protect their safety by responding to challenges in a timely and efficient manner. In order to fulfill this goal, it is necessary to invest additional efforts into upgrading the financial and technical status of the police forces and to provide a range of educational opportunities aimed at the professional development of police staff.

УПРАВНА ИНСПЕКЦИЈА У ПРАВНОМ СИСТЕМУ РЕПУБЛИКЕ СРБИЈЕ

Author(s): Zoran Jovanovic / Language(s): Serbian / Issue: 64/2013

The new Administrative Inspection Act was published on 21st November 2011 and became effective on 29th November 2011. The legal relations in this field used to be regulated by a special legislative act which was adopted in 1975 but ceased to be effective after enacting the 2005 State Administration Act. Given the fact that the Serbian legal system is currently being reformed in line with the social needs of the Republic of Serbia and in compliance with the EU legislation, the jurisdiction of administrative inspections has been extended to include an ever- increasing number of legal areas and relations. Thus, for example, apart from special legislative acts which defined the standard scope of authorities of administrative inspection (such as: the Civil Servants Act and the Act on Labor Relations in State Authorities), there are also some new legislative acts which regulate a new scope of authorities (such as: the Act on Free Access to Information of Public Interest, the Act on Volunteering, the Act on the Prevention of Mobbing at Work, the Act on Register Books, etc. As the number of legal subjects included in the mandatory administrative inspection has increased as a result of the process of harmonizing our legal system with the EU regulations, the scope of administrative inspection activities has changed and expended accordingly. Thus, the adoption of the Administrative Inspection Act (2011) is significant because it has provided a legal framework which comprehensively regulates the exercise of administrative activities, the process of monitoring the work of state administration and public authorities/officials, the protection and safety assurance of the administrative authorities’ position in performing their state administration activities; this legislative act also makes provisions for securing the legality, efficiency and effectiveness of administration activities.

УПРАВНА СТВАР

Author(s): Jovana Andelkovic / Language(s): Serbian / Issue: 79/2018

Legal security, as one of the fundamental principles in the contemporary legal systems, requires more precise and clear definition of underlying legal concepts, without leaving possibility for different constructions and arbitrary interpretati ons, especially when it comes to the essential concepts in certain branches of law. The notion of administrative matter is one of the key concepts in administrative procedure but the absence of a definition of this concept in the positive legislation of the Republic of Serbia has given rise to many difficulties over a long period of time. This paper examines the individual efforts in law theory as well as in judicial practice to address this question. One part of the paper is dedicated to the analysis of regional legislation, which was in an almost identical position, given the lacking definition of this basic concept of administrative procedure. The aim of this paper is to try to understand whether the absence of a precise definition of the main subject of administrative proceedings for such a long period of time has led to a restrictive interpretation of the notion of administrative matter, and whether the possibility of protecting the rights and interests of the parties in the administrative procedure is thus diminished. Also, the question arises whether formulating a precise legal definition of the concept of administrative matter in positive legislation would completely eliminate doubts about the subject of administrative proceedings, or generate new ones by enacting new extended concepts.

УПРАВНИ УГОВОРИ

Author(s): Jovana Živic / Language(s): Serbian / Issue: 57/2011

Administrative Cotracts, are type of contracts concluded by a state, not to conduct its primary functions, but in order to achieve generally useful goals, both for society and country, made a long way from its beginning to its eventual final acceptance in all jurisdictions. Latent existence is one permanent features of these types of contracts, and only studying its development, historicaly and territorialy, one can lead to a complete understanding of the essence and importance of this institution and the need for full legal regulation, which is explained below.

УПРАВНИ УГОВОРИ

Author(s): Milica Stojanovic / Language(s): Serbian / Issue: 57/2011

Author discussed administrative contracts, their existence and their legal nature in Serbian legal system as well as in other jurisdictions. It is emphasized that administrative contract does not need to be regulated and legalized in order to function and to be legitimate. Emphasis is placed on a legal nature of the contract and a similarities and differences that exist between this institution and others similar to it. The study of administrative contracts necessarily raises the need for study of other administrative and legal problems, which are also very briefly presented in this paper.

УПРАВНОПРАВНА ЗАШТИТА ПОТРОШАЧА

Author(s): Tatjana Jovanic / Language(s): Serbian / Issue: 2/2013

As a result of globalization, the rules of substantive law in the area of consumer protection are highly correlated; however, this cannot be said for the enforcement of acknowledged consumer rights. Administrative enforcement of consumer protection is a preventive and reactive form of consumer protection by public law. The aim of this paper was to systematically define the characteristics, advantages and disadvantages, as well as elements of administrative enforcement of consumer law as the most important model of consumer protection by public law, including the procedural mechanisms available to public authorities. When in the enforcement procedure the administrative authority decides on collective interests of consumers, by analogy with the administrative enforcement procedure before the Commission for Protection of Competition, it is necessary to determine a special administrative procedure though which the authority will address collective interests of consumers, notably in the field of unfair business clauses and unfair business practices.

Упражняване на правата, произтичащи от патента

Author(s): Veselina Maneva / Language(s): Bulgarian / Issue: 4/2008

The enforcement of patent rights has been regulated in Part III of the Agreement on Trade Related Aspects of Intellectual Property Rights, known as TRIPs. This law is essential for international economics and international intellectual property protection. One of the advantages of the Treaty lies in its functioning as method which protects rights in their effectiveness and detailed organization. The enforcement of industrial property rights is connected with the negative aspect of this process - infringement of those rights. Disputes concerning infringement of rights proceeding from different objects of industrial property have been heard by the Sofia City Court. Protection effectiveness in Bulgarian legislation relies on procedures for legal rights defense: civil and administrative procedures and border measures and criminal procedure. Infringement of intellectual property rights entitles the claimant to base his action in court on article 310(3) of the "Fast procedure" Civil procedure code. All intellectual property rights defense procedures can be brought in together.

Упражняване на родителските права и задължения след раздяла или развод – критичен преглед на теорията и съдебната практика

Author(s): Miglena Baldjieva / Language(s): Bulgarian / Issue: VII/2012

Упълномощаване на защитник в наказателния процес

Author(s): Desislava Davidkova-Dimitrova / Language(s): Bulgarian / Issue: 1/2013

This study is devoted to the actual precondition of the occurrence of a defence counsel thatparticipates through voluntary defence, namely authorization. In this regard, the contract for authorization, which precedes or accompanies the authorization deal, has been analyzed. Procedural conditions, that shall be met in order to accomplish the factual composition for constituting the defence counsel figure in criminal proceedings (the time for entering into the process and admission to participation allowed by the leading decision-making authority), have been examined as well for completeness.

УРЕДБА КАО ИЗВОР ПРАВА У ПРАВНОМ СИСТЕМУ РЕПУБЛИКЕ СРБИЈЕ

Author(s): Mira Simovic / Language(s): Serbian / Issue: 47/2006

This paper analyses the bylaws as a general sub-legal act and a very significant source of law. The author focuses her attention on the legal nature of t bylaws, which is considerably unclear, and causes differentiation of theoretical standpoints. It can be said that numerous controversies and disputes lead to the conclusion that from substantive aspect bylaw is the law, since it contains general legal norms, but on the other hand, from formal point of view, it is not the law, but the sub-legal act - act of the supreme executive authorities. In spite of the present demands for strengthening the bylaw issuing activities, the author, as well as the majority of scholars, holds that supremacy of the law has to be maintained, since it provides legality and legal certainty.

Уредба на вещните права върху горски територии

Author(s): Vladimir Petrov / Language(s): Bulgarian / Issue: 2/2014

The paper analyses important aspects of the new 2011 Forests Act of Bulgaria which was adopted to replace the previous Forests Act of 1977, which provisions were abusively used to carry out corruption transactions with forests and lands situated within forests. Such abusive practices caused huge damages to the state and municipal property over those forests and lands. The subject-matter under consideration is of significance, since the Forests Act has undoubtedly the important mission to protect forests and forest territories which constitute important part of Bulgaria’s national treasure.

Уредба на репродуктивните права на жените в Българското право

Author(s): Ivelina Dechkova-Milanova / Language(s): Bulgarian / Issue: X/2015

International Law

Уроците на видния учен-юрист — академик Любен Василев

Author(s): Chudomir Goleminov / Language(s): Bulgarian / Issue: 3/2007

THE 60TH ANNIVERSARY OF THE INSTITUTE FOR LEGAL STUDIES

УСАВРШАВАЊЕ МЕТОДА БУЏЕТИРАЊА – ПУТ КА РАЦИОНАЛИЗАЦИЈИ ЈАВНЕ ПОТРОШЊЕ

Author(s): Mileva Andelkovic / Language(s): Serbian / Issue: 53/2009

In this paper, the author analyses one of the most significant trends in the contemporary budgetary systems. In order to overcome the difficulties in financing public consumption, state governments “borrow”some mechanisms employed in the commercial sector. In the contemporary budgetary practice, there is an ever-growing and strengthening conviction that the available budgetary funds must be used as efficiently as possible in order to achieve the intended goals and objectives of the budgetary policy. In fact, efficiency is one of the key requirements set forth in the new approach to managing public expenditures. In this article, the author points to the attempts of the government authorities to incorporate the information on efficiency into the budgetary process. Yet, the concept of budgeting on the basis of efficiency is being put into the public financing practices and implemented rather slowly. As a matter of fact, it has just started being applied in some of the most developed countries.

УСВОЈЕЊЕ У МАКЕДОНИЈИ - 20 ГОДИНА ОД КОДИФИКАЦИЈЕ ПОРОДИЧНОГ ПРАВА

Author(s): LJubiša Stefanoski / Language(s): Serbian / Issue: 64/2013

In the Republic of Macedonia, the subject matter of adoption was first regulated in the 1992 Family Act of FRY Macedonia. Upon identifying some drawbacks and ambiguities in regulating the legal and social concept of adoption, the professional and academic public engaged in numerous debates on this issue which have ultimately resulted in introducing a number of amendments and modifications to the Family Act in the past 20 year. The critical remarks on this issue were clearly articulated in the period before adopting the Family Act but, at the time, the legislator was not receptive enough to hear the proposed ideas and solutions. Consequently, it caused substantial problems in the practical application of the Family Act, which eventually resulted in introducing subsequent amendments and modifications of legal provisions on adoption. The latest revision of the Family Act has been aimed at removing the ambiguity, inconsistencies and legal gaps in regulating the institute of adoption, and minimizing the likelihood of different forms of abuse in the application of this legal institute.

Усклађеност кривичног законодавства са законодавством ЕУ у супротстављању организованом криминалу

Author(s): Uroš Pena,Nataša Sikimic / Language(s): Serbian / Publication Year: 0

Criminal procedure in Bosnia and Herzegovina has been significantly reformed since 2003, when the new Criminal procedure law of B&H was adopted, as well as criminal procedure laws of the entities and District of Brcko. On the one hand, strongly influenced by the European Court of Human Rights practice, legislature tended to strengthen the guarantee of fair proceeding. On the other hand, due to expansion of international organized crime, and with regard to obligations arising from ever numerous international treaties, legislature strive to enhance more efficient criminal procedure by, among other means, strengthening prosecutor’s role. Thus,B&H has followed a trend established during the previous decades in legal systems of civil law tradition.Present Criminal procedure law of B&H has been subject to numerous amendments since it was enacted up to present day. There have been legal reforms which were intended to balance, on the one hand, the need to improve criminal procedure efficiency and, on the other hand, to protect fundamental rights of the suspect, or accused, concerning the need to accord to international law, and to European Convention on Human Rights and European Court of Human Rights practice in the first place.

УСКЛАЂИВАЊЕ ПРАВНОГ СИСТЕМА БОСНЕ И ХЕРЦЕГОВИНЕ СА ACQUIS-ЕМ ЕВРОПСКЕ УНИЈЕ У СВЈЕТЛУ ПРИМЈЕНЕ ПРИВРЕМЕНОГ СПОРАЗУМА О ТРГОВИНИ И ТРГОВИНСКИМ ПИТАЊИМА

Author(s): Mile Dmicic,Duško Glodic / Language(s): Serbian / Issue: 68/2014

The harmonization of a legal system is one of the essential duties that a country aiming to accede to the EU has to accomplish. Bosnia and Herzegovina has established contractual relationship with the EU by concluding the Stabilisation and Association Agreement. While the entry into force of this agreement is pending, the Interim Agreement on Trade and Trade-Related Matters (containing traderelated provisions of the Stabilisation and Association Agreement) is being applied. This article explores the obligation of Bosnia and Herzegovina to adjust its legal system to the EU acquis through the application of the Interim Agreement. In order to examine this issue in a comprehensive manner, the authors first explained the legal nature of the Stabilisation and Association Agreement and the Interim Agreement. In this context, a particular attention has been paid to the provision of Article 70 of the Stabilisation and Association Agreement, which stipulates the obligation to harmonize domestic legislation with the EU acquis and has been applied since the Agreement’s signature. The Agreement provides that the priority in the legal harmonization has to be given to traderelated issues. The legal approximation activities will expand to other relevant areas of the acquis. Further on, the authors explored the procedural framework for the legal approximation to the EU acquis carried out in Bosnia and Herzegovina with particular regard to future challenges in this process. The authors analyzed the legal approximation procedures applied by Bosnia and Herzegovina’s institutions, institutions of its entities and the Brčko District, as well as harmonization instruments and their relevance in the approximation procedures. The authors focused on the importance of the constitutional distribution of competences to different levels of government and its impact on the harmonization process. The authors concluded that it was necessary to establish a sound system of the coordination of administrative activities, harmonization provisions at different levels of government and planning the legal approximation process. Finally, the authors analyzed the institutional framework established by the Interim Agreement, i.e. the joint bodies established between the contracting parties (Bosnia and Herzegovina and the European Union), which have been entrusted to monitor the application of this Agreement. The Interim Agreement has set up an Interim Committee for Stabilisation and Association and several sectorial sub-committees to monitor the implementation of particular Agreement provisions.