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This paper presents the notion of applicability of legal norms based on the analysis of the existing legal literature in the field of legal theory and legal philosophy. Through four main units, the concept and types of applicability, its relation to other properties of legal norms, criteria of applicability, and finally, the systems of applicable norms and their relation to the legal system are discussed. The applicability criteria are demonstrated using examples from the field of criminal law; their legal nature is being explained, their functions, and structure. Most of the examples used in this paper are from Croatian legislation and Constitutional Court Case-Law. [ABSTRACT FROM AUTHOR]

In this paper it is intended to evaluate the epistemological theory of Otto Neurath and Alf Ross regarding legal theory and norms. In order to do so, one particular phenomenon shall be examined: normative inflation. The fact that there are too many norms creates a specific situation for knowledge just like the absence of norms does. The hypothesis is that knowing “the” applicable norm is epistemologically equivalent whether there are too many norms or too few. In order to do so it seems interesting to rely on Neurath’s definition of knowledge that emphasizes its underdetermination and its uncertainty. [ABSTRACT FROM AUTHOR]

The author focuses on the terms justice and equity in the context of legal philosophy, arguing that the epistemological analysis of those two terms is crucial for legal philosophy. To understand the essence of these terms is to understand the relationship between justice and law. By analyzing works of various philosophers and lawyers, the paper identifies key differences and similarities in their perception of both justice and equity. The author insists on numerous similarities in the definitions of justice. The distinction between distributive and commutative justice is made, based on the argument that both variations of justice are synonymous to the idea of equality (criterial and non - criterial equality), as well as to the syntagm ⪡Common good⪢. By differentiating between morality and justice, the author considers justice to be a special, and most important, part of morality. The relationship between morality and justice is equal to the relationship between justice and law, which are inseparable. In conclusion and throughout the entire paper, the author tries to find a definition of justice and equity. Alongside with the pure definition of justice and equity, the author makes a distinction between the two terms by saying that their content is the same, but their function and application explicitly differ. [ABSTRACT FROM AUTHOR]

Organization of the judicial system and equal access to justice are basic preconditions for establishing an effective legal remedy system. But there are also numerous and vast financial requirements set for those who intend to engage in judicial proceedings. Therefore, legal systems in modern states offer help to those without sufficient financial means, covering their litigation expenses, awarding free representation, providing legal advice etc. The right to free legal aid has been increasingly recognized as one of integral components of the access to justice right, It is protected in the documents of international organizations (the Council of Europe and the European Union) presented in this paper. The author applies a comparative approach by comparing excerpts of free legal aid acts from Slovenia, Lithuania and Finland. The paper includes the means of enforcement of the right to free legal aid according to the legislation in force in the Republic of Croatia, but also includes the author's critical view on both present and future solutions presented in the Draft Articles on the Legal Aid Act analysis. [ABSTRACT FROM AUTHOR]

Grave violations of International Law that took place in May 1945 at Bleiburg together with related extraditions and death marches are representing one of the most traumatic episodes in Croatian history. The author examines historical background of the Bleiburg crime and for the first time in legal science deals with the legal aspects of this tragedy. Emphasis is placed on determining responsibility of states, military units and individuals for the crime. Responsibility is founded on the Rules and Customs of War as well on the judicial practice and International Conventions relevant for that time. Fundamental idea of the paper is that Bleiburg crime must not go by without punishment. [ABSTRACT FROM AUTHOR]

In this paper the material of responsibility of the state for the damages caused by terrorist acts, public demonstrations and manifestations has been presented. The article 180. of Contractual obligations act has been for many years the ground for this responsibility. According that article, the state was in obligation to repair this damage no matter the amount or kind of the damage. In 1996. the Act for changing the Contractual obligations act has erased article 180. and the court proceedings have been stopped. The reason for that were many charges brought against the Republic of Croatia for repairing this damage which also represented an enormuous economic weight against its budget. In 2003. a new act has been brought by the name an Act which regulates the responsibility for the damage caused by terrorist acts and public demonstrations. That act substituted article 180. of Contractual obligations act and the court proceedings continued. That act also made some changes in the system of state's responsibility for the damage caused by this events because that responsibility was now restricted regarding the amount and the type of damages. Because of that, many damaged persons were now left without any reparation or that reparation was decreased. Many of this events happened during the National war. That is a very important fact because the courts also found that some of this events can be regarded as war damage. The state is not responsable for war damage and that means that this courts attitude and the new law were a huge regress for the damaged persons. [ABSTRACT FROM AUTHOR]

This paper deals with the arms embargo as a coercive measure provided in Article 41 of the Charter of the United Nations. The author tries to elicit the legal definition of the term ⪡arms embargo⪢ and provides a short overview of the legal nature of this coercive measure. After examination of the various types of the arms embargo in the United Nations system, the enforcement of the arms embargo by the United Nations Security Council is reviewed. Afterwards, the author provides an analysis of several legal and ethical aspects of the arms embargo, as the most frequently employed and the most controversial of all measures without the use of force in the United Nations legal system. [ABSTRACT FROM AUTHOR]

Condominium, or according to Croatian positive law-ownership of special part of real estate, is a complex legal institute, especially in the Croatian legal system. The purpose of this paper is to make an overview of all the main elements of condominium, together with some related legal issues. The author initially describes the concept and characteristics of condominium, with a brief outline of its historical development. Further topics are establishment, disposition and management of condominium. This legal institute has been described according to the way it is regulated by Croatian statutory law. [ABSTRACT FROM AUTHOR]