ЗАКОН О СЕСТРИНСТВУ – НАСУШНА ПОТРЕБА ЗАНЕМАРЕНЕ ОБЛАСТИ НЕДРЖАВНЕ УПРАВЕ У РЕПУБЛИЦИ СРБИЈИ

Author(s): Vasilije Marković,Adela Lukač / Language(s): Serbian Issue: 2/2022

In the paper, the authors strongly advocate for the (final) adoption of the Law on Nursing, since such a lex specialis could end the spontaneous development of the career of nurses, but also numerous other open questions and problems that burden this part of the functionally decentralized non-state public administration in the Republic Serbia. This position will be supported in the work by reasons of theoretical, comparative-legal, international-legal, but also of a practical nature. The theoretical basis for passing a special law that would regulate the content and method of action, standards of education and advancement, competences and control mechanisms can be found in the old understanding that the special status of officials, especially in autonomous services, requires a separate law for each decentralized service. Also, in the paper, the authors will examine the level of compliance of the Law on Regulated Professions and Recognition of Professional Qualifications with EU Directive no. 2013/55 in the part related to the education and competencies of nurses, and to consider the possibility of possible addition through the provisions of a special act that would concern nurses. Furthermore, the paper will highlight the advantages of drafting a special law in those countries, primarily in the region, that opted for such an approach. Finally, but by no means the least important, since they were the direct reason for choosing the topic, the paper will present the most important practical reasons, from the daily life of nurses, especially after the experience of the pandemic, which speak in favor of the need to pass a special law. Normative recognition of the specificity of the status and needs of nurses, as special health workers, would undoubtedly contribute to the improvement of the functioning of the entire health system, as an indispensable part of non-state public administration in the Republic of Serbia.

ПРЕТПОСТАВКА НЕВИНОСТИ У МЕЂУНАРОДНОМ ПРАВУ И ПРАВУ БОСНЕ И ХЕРЦЕГОВИНЕ

Author(s): Miodrag N. Simović,Vladimir M. Simović / Language(s): Serbian Issue: 2/2022

The position (rights and freedom) of man in modern society is guaranteed by a number of standards contained in universal and regional international documents that were adopted within the framework of the United Nations Organization and the Council of Europe. The standards contained in these documents are being implemented in the domestic constitutional legal system, as well as in the criminal procedural legislation of Bosnia and Herzegovina. Within the framework of these standards which guarantee the position of a man in society, and especially before the criminal justice authorities, those that acquire the character of procedural principles are of great importance. These principles are largely established by domestic constitutional norms. Among procedural principles, that have a decisive significance for the position of the suspect or the accused person in criminal proceedings, there is the presumption of innocence. Namely, everyone shall be considered innocent of a committed criminal offense until it is different determined by a final court decision. This assumption contributes to the equality of the suspect or the accused person with the prosecutor, the prohibition of their stigmatization and transfer of the burden of proof to the prosecutor. The paper analyzes the concept, role and effect of the presumption of innocence in international and domestic law of BiH. In their research, the authors find support in the case law of the European Court of Human Rights and the Constitutional Court of Bosnia and Herzegovina.

Consideraţii cu privire la natura juridică a actelor pe care le emit Oficiul Naţional al Registrului Comerţului (O.N.R.C.) şi oficiile judeţene, precum şi la unele aspecte ale procedurii de contestare a acestora, potrivit Legii nr. 265/2022

Author(s): Titus Prescure / Language(s): Romanian Issue: 01/2023

The objective of the research carried out was to analyze and highlight the legal nature and the specifics of the documents that the National Office of the Trade Register (N.O.T.R.) can issue, as a public institution, including its county offices, as they are regulated by the new law on the trade register, law that repealed Law no. 26/1990. Also, some of the specific aspects of the procedure for contesting and canceling the legal deeds issued by the officials of the N.O.T.R.

Conflicting Rules in Matters Relating to Maintenance Obligations where the Connecting Factor is the Will of the Parties under Articles 7 and 8 of the Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations

Author(s): Nadia-Cerasela Aniţei / Language(s): English Issue: 3-4/2022

Article 2.612 of the Civil Code provides: "The law applicable to the maintenance obligation shall be determined in accordance with the rules of European Union law." The law governing the maintenance obligation is found in the European regulations (European Commission, 2008). Romania has concluded Conventions (e.g. the Convention between Romania and the Kingdom of Belgium on the recognition and enforcement of judgments in matters relating to maintenance obligations) and Legal Assistance Treaties (Government of Romania, 1999; International Act, 1995; Parliament of Romania, 1995; 1997). The legal framework for the application in Romania of European Union regulations and various instruments of private international law in the field of maintenance obligations is Law No 36/2012 on certain measures necessary for the implementation of certain regulations and decisions of the Council of the European Union (2009) and instruments of private international law in the field of maintenance obligations (Parliament of Romania, 2012). Among the European regulations in this field, we have proposed to dedicate our study to the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations. The Protocol comprises two categories of rules which differ in the nature of the point of connection: - The first category is made up of rules which provide an objective location of the obligatory relationship (Art. 3 - Art. 6); - The second category consists of rules whose point of connection is the will of the parties (Art. 7 to Art. 8). This article is devoted to the presentation of the law applicable to maintenance obligations in the case of conflicting rules whose point of connection is the will of the parties as provided for in Articles 7 and 8 of the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations.

General Management Components Involved in the Management of Financial Audit and Control

Author(s): Florina-Maria Tăvală / Language(s): English Issue: 3-4/2022

The efficient functioning of organizations cannot be achieved without ensuring the correct use of the public orprivate funds that are at their disposal, in accordance with the objectives which they have set for themselves. Managers have the task of managing the funds in accordance with the legislation in force, as well as taking measures in order to prevent, sanction or recover any damage caused by financial irregularities or by the failure to achieve the objectives for which they were allocated.A basic concept in the theory and practice of modern management is represented by responsibility. To fulfill hisresponsibility/responsibilities, the manager needs a system of guidance, self-regulation or coercion, and that system is represented by control. Control, and in particular the financial audit and control, contributes to the evaluation of the programs performance, to the planning of activities and to a good management of resources. The successful accomplishment of these tasks cannot be accomplished outside of management science and the reverberations it entails.The role and importance of the financial audit and control in management, imposes, as it is shown in this approach, theneed for a management of this activity, which would have its own structural elements, with specific relationships between them, and also with the system in which it evolves.The financial audit and control management, as a segment of management, must be defined starting from the generalmanagement. That is why, in this paper, I tried to approach, as a personal contribution, the management and financial audit in terms of general components (Management Science, Scientific Management, Management Processes, Management Relations, Management Principles, Management as a synthetic economic discipline) and in terms of the components of the organization's Management system (Information system, Decision system, Organizational system, Methodological system). The study that took place revealed a series of predictable influences such as: the need to create some computerized infrastructures, to create some horizontal information networks that would allow the efficient use of knowledge, increasing the role of management by objectives coupled with management through budgets, elaborating complex analysis and evaluation methodologies.

Administrative Developments in Moldova Between Prut and Dniester, Between Russification and Europeanization

Author(s): Ana-Maria Ambrosă / Language(s): English Issue: 30/2022

Occupied by Tsarist Russia in 1812, returned to the Romanian national state in 1918 and then transformed into a Soviet republic (1940-41 and 1944-1991), the region between Prut and Dniester evolved administratively along two contradictory models: one authoritarian centralist, the other democratic and decentralizing. The imprint of a century and a half of Russian rule has remained disturbingly visible in the post-Soviet period, blocking the process of modernization of Moldovan society and keeping the Moldovan state in a precarious functional situation.

Service Offenses of the Public Servant

Author(s): Cosmin-Vasile Ambrosă / Language(s): English Issue: 30/2022

The state power is carried out only by a separate or special category of person who has been empowered in order to implement pubic policies and implicitly the implement of public power. By the public nature of their function, civil servants are often exposed to the risk of corruption. Unfortunately, not everyone is able to resist the temptation.

System komunikacji zewnętrznej jako element kontroli zarządczej – partycypacja i komunikowanie w jednostkach samorządu terytorialnego

Author(s): Beata Tubek / Language(s): Polish Issue: 8/2022

The aim of the article is to present the role of one of the elements of this framework management control „information and communication” which is the basis for participatory management in the public sector. Communication processes are an important and fundamental element of participation, and consequently, communication tools belong to participatory public management instruments. The study uses methods of analysis of acts of applicable law, standards, sources, documents, recommendations and guidelines of the Minister of Finance in the area of implementation of management control, the results of which are the outcomes of the use of methods of induction and descriptive deduction. The result is a confirmation of the usefulness and importance of „information and communication” and their flow in the management control system as an important element of social participation in public finance sector units.

Romania and the Eurozone – Nominal Convergence Criteria

Author(s): Iuliana Marina Malanca,Moise Cîndea / Language(s): English Issue: 30/2022

The aim of this paper is to analyze the extent to which our country meets the nominal convergence criteria according to the latest Convergence Report issued by the ECB (European Central Bank) in June 2022. The research is predominantly conceptual, also containing elements of empirical testing. The data used to analyze the extent to which our country fullfills the convergence criteria was mainly extracted from the Convergence Report issued by the European Central Bank in June 2022. The nominal convergence criteria are mentioned in the Maastricht Treaty and detailed in a protocol attached to it. The aim of the criteria is to ensure a sustainable process of nominal convergence regarding the evolution of prices, the exchange rates and long-term interest rates, as well as the budget deficit and public debt. We would like to mention that, for an exhaustive analysis of a country's accession to the Eurozone, analyzing the nominal convergence criteria is not sufficient for determining whether a country is ready to adopt the euroor not. Such an analysis should take into account at least the following three elements: the fulfillment of the nominal and real convergence criteria, the fullfillment of the optimality criteria, as well as the costs versus benefits analysis. However, in this article we will focus exclusively on the extent to which Romania fullfills the nominal convergence criteria.

СЛОБОДА ИЗРАЖАВАЊА У ЛЕГИСЛАТИВИ И ПРАКСИ У БИХ

Author(s): Ljiljana Mijović / Language(s): Serbian Issue: 51/2018

This paper deals with the analysis of normative framework and case-law regarding freedom of expression, defined by Art. 10 of the European Convention on Human Rights and the existing relation between freedom of expression and other rights provided by the Convention in Bosnia and Herzegovina. Related to that, the emphasis is placed on freedom of the media in general, balancing opposite rights mechanisms, defamation, protection of sources, and, as an issue that is getting very important, legal status of whistleblowers.

УРЕДБА КАО ОБЛИК НОРМАТИВНЕ ДЈЕЛАТНОСТИ ИЗВРШНЕ ВЛАСТИ

Author(s): Milan Pilipović / Language(s): Serbian Issue: 51/2018

In modern states normative function is divided between legislative and executive power. In view of the question of conditions under which executive power performs normative function, i.e. passes general legal acts and types of acts, it should be noted that executive power, represents a power with its own constitutional functions and authorities for the performance of those functions. A regulation is a basic form of normative activity of the executive power, its typical, and, at the same time, most important general legal act. In defining the concept of decree, a number of different answers to some of the basic questions relevant for its determination can be found in legal literature and theory, with evident disagreement among theoreticians over certain issues, such as: legal nature of a regulation, the basis and area of regulation making body, and the qualification of regulations.

Процесуальні форми захисту права на підприємництво в адміністративних судах: проблематика наукового підходу

Author(s): Vasyl Rіabchenko / Language(s): Ukrainian Issue: 161/2023

The topicality is due to the active development of the system of administrative proceedings and at the same time the need to take into account the specifics of the mentioned cases (increased requirements for the promptness of the case review; the accuracy of the definition of individual elements of procedural forms; the need for the administrative court to apply special knowledge in the field of economics). The purpose of the article is to reveal a scientific approach to the development of procedural forms of protection of the right to entrepreneurship in administrative courts, to determine, on the basis of this, the vectors of further development of procedural forms of protection of the specified right. Achieving the outlined goal became possible thanks to the use of a complex of methods of both general scientific and specifically legal nature. Thus, with the use of the formal-dogmatic method, the content of the applied concepts and categories was clarified, including such concepts as "proceedings", "administrative proceedings", "procedural form". The dialectical method made it possible to take into account the general principles of the development of the administrative justice system. On the basis of the combination of this method and the method of synthesis, the current problems of the studied procedural forms are summarized. These and other research methods are applied taking into account the requirements of scientific objectivity. The problem of the ratio of the ratio of the specific procedures for consideration of certain categories of administrative cases and the general forms of legal proceedings is revealed from the standpoint of the dichotomy of the legal nature of the activity of the administrative court (declarative and interventional). Accordingly, the contentiousness of the issue regarding the possibility of calling such specific procedures procedural forms of review and resolution by the administrative court of the considered category of cases was determined. Based on the results of the research, conclusions were formulated and recommendations were made regarding the development of a generalized concept of "procedural form", which would combine the common features of general legal proceedings and simplified legal proceedings in this category of cases. This will make it possible to conduct a further study of the specified common features using a single legal construction.

ОДЛУКЕ СУДА ПОВОДОМ ПРИГОВОРА ТРЕЋЕГ ЛИЦА

Author(s): Stefan Miškić / Language(s): Serbian Issue: 44/2022

A third party who claims that they have a right to prevent enforcement proceedings, according to the rules of the enforcement procedure, has the possibility of using legal means to protect their rights. The most prominent legal remedy used by a third party is the objection of a third party. By declaring the objection before the executive court, the procedure for the protection of the threatened rights of the third party is initiated, and the executive court renders a decision regarding the objection. Rulings by the executive court regarding the objection of a third party can be seen as decisions by which the objection of a third party is accepted, but also as rulings by which the objection of a third party is rejected or dismissed. Depending on the ruling of the executive court, the third party is affected by certain legal consequences, and these same consequences can have their effect and influence the very course of the executive procedure, regarding which the third party has filed an objection. This paper will analyze the rulings that the executive court can make regarding the legal remedy – objection of a third party, the consequences and changes that affect the third party whose right is threatened, as well as the parties in the enforcement procedure, but also what is the nemesis of the enforcement procedure, depending on the executive court’s ruling. The analysis of the current judicial practice will be carried out, then, by comparing the theoretical positions and judicial practice of the home state and surrounding countries made on the objection of a third party.

КОНВЕНЦИЈА О ЗАСТАРЈЕЛОСТИ ПОТРАЖИВАЊА У ОБЛАСТИ МЕЂУНАРОДНЕ ПРОДАЈЕ РОБЕ

Author(s): Vedrana Prole / Language(s): Serbian Issue: 43/2021

The Convention on the limitation period in the international sale of goods is a product of UNCITRAL's work and detailed research on the need for a supranational regulation that would uniquely regulate an issue that created major problems in transnational trade - the issue of obsolescence. In the Convention on the limitation period, obsolescence is defined as the period of time during which a party to an agreement on the international sale of goods must initiate legal proceedings against the other party in order to fulfill its claims under the contract or claims relating to breach, termination or invalidity. The Convention on the limitation period further prescribes rules on the termination and extension of the limitation period. Furthermore, the Convention on the limitation period stipulates that no claim shall be recognized or enforced in legal proceedings instituted after the expiry of the limitation period. Such emphasis shall not be taken into account unless invoked by the parties to the proceedings; however, states may declare that they do not consider themselves obliged to apply the provision of Art. 24 of the Convention. However, regardless of the expiration of the statute of limitations, each party may invoke its own claim and raise it against the other party as a means of defense or compensation.

Ochrona tajemnicy państwowej w Federacji Rosyjskiej. Wybrane regulacje karne i administracyjne

Author(s): Rafał Wądołowski / Language(s): Polish Issue: 24/2021

The article discusses the administrative regulations regarding the disclosure of secret and top-secret information in the Russian Federation. Moreover, it presents the effective penal code provisions directed against the disclosure of state secrets in Russia and the interpretation of these provisions. The author does not limit himself only to Russian constitutional, administrative and criminal regulations but gives examples of Polish corresponding laws. Additionally, in connection with the fact that criminal law provisions often contain non-specific references to other legislation, the article presents administrative acts of the protection system of public secrets. On the basis of the formulated conclusions, it was recognised that the Polish legislation lacks an individual provision penalising the fact of obtaining secret or top-secret information as a result of committing a separate unlawful act. It can be the basis to formulate postulates de lege ferenda. It should be noted that the article does not exhaust the topic, but only indicates selected issues of the protection system of state secrets in Russia. Initiated study can be used to carry out in-depth comparative research on this topic in the future.

Zakaz członkostwa w partii politycznej funkcjonariusza Agencji Bezpieczeństwa Wewnętrznego i Agencji Wywiadu oraz uczestnictwa w działalności tej partii lub na jej rzecz

Author(s): Paweł Gacek / Language(s): Polish Issue: 24/2021

This paper was entirely devoted to the issues connected with the prohibition of membership in a political party of an officer of the Internal Security Agency and Foreign Intelligence Agency and the participation in the activities of that party or on its behalf. This prohibition was established in Article 81 (1) of the Act of 24 May 2002 of the Internal Security Agency and Foreign Intelligence Agency. Public service requires the introduction of certain restrictions on the rights of officers in relation to the rest of members of society. Political neutrality guarantees proper implementation of the tasks and aims of this formation. There was indicated that aforementioned provision of Article 81 (1) of the Act of 24 May 2002 of the Internal Security Agency and Foreign Intelligence Agency contains two independent legal norms i.e. prohibition of membership in a political party and prohibition of participation in the activities of political party or on its behalf. Attention was therefore focused on indicating the limits of these prohibitions. In this aspect, the sphere of official behavior has been demarcated. There was also underlined that these limits in question do not violate the rights and freedoms guaranteed by the Polish Constitution.

УПРАВНОПРАВНИ АСПЕКТИ ЗАШТИТЕ КОНКУРЕНЦИЈЕ У БОСНИ И ХЕРЦЕГОВИНИ

Author(s): Bojan Vlaški / Language(s): Serbian Issue: 49/2016

Economic development is one of the basic preconditions for overcoming many difficulties, which Bosnia and Herzegovina has been facing the last two decades. Its realization depends largely on the effective protection of competition, which in Bosnia and Herzegovina provides the Competition Council as an autonomous body. The main instruments in activities of this body are of administrative legal character. Therefore, this paper discusses the administrative legal aspects of competition in Bosnia and Herzegovina. In this regard, it identifies the normative, organizational and human resources preconditions for the protection of competition, determines the basic forms of the protection of competition, and, in particular, analyzes the effects of the administrative procedural protection of competition in Bosnia and Herzegovina. Finally, on the basis of the analysis, the author presents specific proposals for future legal regulation of some important issues in the field of competition.

ОСВРТ НА ПРИМЈЕНУ ПОЈЕДИНИХ ОДРЕДАБА ЗАКОНА О ИЗВРШНОМ ПОСТУПКУ РЕПУБЛИКЕ СРПСКЕ – НЕКА СПОРНА ПИТАЊА У СУДСКОЈ ПРАКСИ

Author(s): Marko Majkić / Language(s): Serbian Issue: 42/2020

Enforcement proceedings as a procedure of forced realization of claims should be normatively, ie legally conceived in such a way as to ensure the forced realization of claims in the most efficient way. This procedure should provide legal entities as creditors with legal protection, which in the enforcement procedure received its full and final materialization. To this end, the legislator must take into account that the Law on Enforcement Procedure must not be viewed outside the context of the legal system as a whole, which means that the law cannot be enacted or interpreted and applied in isolation from other norms within the legal system. In other words, only the essential unity of the norms of executive procedural law with the norms of the Law on Civil Procedure that are appropriately applied in enforcement proceedings, and the norms of substantive regulations referred to by the Law on Enforcement Procedure with regard to substantive presumptions and consequences of enforcement, can be said about a system that provides efficient and complete legal protection. In this regard, in this paper we will critically look at certain provisions of the Law on Enforcement Procedure of the Republic of Srpska, and the provisions of other regulations relevant to the enforcement procedure, pointing out the doubts faced by the executive courts in interpreting and applying them. the aims of their reexamination and giving de lege ferenda proposals

УГОВОР О ФРАНШИЗИНГУ У НАЦРТУ ГРАЂАНСКОГ ЗАКОНИКА РЕПУБЛИКЕ СРБИЈЕ: ЈЕДАН ПОГЛЕД СА СТРАНЕ

Author(s): Strahinja Miljković / Language(s): Serbian Issue: 42/2020

Listening to the needs of the market, as well as the need to introduce this type of business into the legal framework, the editors of the future Civil Code of the Republic of Serbia, which is now in draft form, are legally standardizing the franchise agreement for the first time. Franchising as a method of the contractual investment business is present on the capital market of the Republic of Serbia, with the proviso that there are still unknowns regarding the content of the franchise agreement. In this paper, special attention will be paid to those provisions of the Draft that relate to a) the definition of the contract; b) the subject of the contract; c) registration of the contract; c) sub-franchising; d) the liability of the franchisor; and e) goodwill. Nevertheless, regardless of the views and the fact that there are objections to the legislation, the provision of franchise agreements in the Draft Code represents a significant contribution and a step towards the legal regulation of franchising agreements in the Republic of Serbia

ПРАКСА УСТАВНОГ СУДА РЕПУБЛИКЕ СРПСКЕ

Author(s): / Language(s): Serbian Issue: 42/2020