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Interest ofinternational law SRholars into an empirical research has increased in the last decade. This paper is an example of one such research. The author has empirically analyzed positions on the use of force against the Federal Republic of Yugoslavia to test hypothesis about the operational role of international law in the work of the UN Security Council whether it was used in theformation ofpositions, in the assessment of the situation, and in proposing its solution. Introductory part of the paper presetted basic features and development of empirical research ofinternational law. It is followed by the review oftheoretical assumptions on the role of international law. Next sections of the paper presented hypothetical framework, methods and results of this empirical research. Finally, the author made concluding remarks on research findings, as well as emphasized necessity to develop practical knowledge on empirical research of international law and to open a diSRussion on the potential and limits of its application. [ABSTRACT FROM AUTHOR]

The right to monetary compensation for non-property damage is not enjoyed in the same way by all legal entities, i.e. legal entities and natural persons. In theory and practice, there are different approaches regarding the issue of whether a legal entity can suffer non-material damage of the same intensity and in the same form as is the case with natural persons. In this regard, it was pointed out that a legal entity can have a reputation, and therefore a damaged reputation can be the basis for an obligation to pay compensation for the damage suffered as a result. The discussion on the merits of monetary compensation for non-material damage to legal entities continued until the adoption of the legal understanding of the Civil Department of the Supreme Court of Serbia on February 5, 2001. The more recent theory of obligation law discusses this issue in the context of the need to review the current rules of tort law. In this sense, it is emphasized that the objective concept of non-property damage, which excludes physical or psychological pain and fear from the conceptual definition, provides a legal basis for monetary compensation of such damage to legal entities. Such changes have already been implemented in some countries of the former Yugoslavia. When it comes to Serbia, theory and practice are still waiting for reform, although there are indications that reform has already taken place on the normative level. Therefore, the aim of this paper is to answer the question whether in our law there is a right of a legal entity to compensation for non-property damage. [ABSTRACT FROM AUTHOR]

At the beginning of this century, laws regulating the status of churches and religious communities were adopted in Serbia and the countries of the region. These laws are aligned with international standards for the protection of human rights. This paper will present the most significant aspects of new legislation regulating the legal status of religious organizations in Hungary, Bulgaria, Serbia and Montenegro. The aim is to identify similarities and differences in the proposed or implemented solutions by comparative analysis, to identify their main advantages and disadvantages, as well as to point out the possibilities of their improvement and harmonization with international standards, especially in the field ofprotection of the collective aspect offreedom of religion. The article consists of three parts. The first summarizes the laws on churches and religious communities in the mentioned countries with an emphasis on issues that will be analyzed separately in other parts of the paper. The second part deals with the registration of churches and religious communities and the continuity of their legal personality. The third part of the paper contains an analysis of the regulations that change and re-regulate the scope of benefits and privileges afforded to churches and religious communities by the legal order. The concluding considerations outline the results of the analysis and point out further directions for the development of regulation in the domain of state-church law. [ABSTRACT FROM AUTHOR]

The development of intelligence and security structures in Yugoslavia in World War II was done in extremely complex political and security conditions. After the April war and signing the surrender on April 17, 1941, the Ministry of Internal Affairs of the Kingdom of Yugoslavia continued to operate within the royal government which was in exile. After the occupation, Yugoslavia was torn apart by the German and Italian forces and their allies and quislings. The territory of the country was torn into two different spheres of interest – German and Italian, as well as four areas of occupation: German, Italian, Hungarian and Bulgarian. This went on until Italy surrendered in 1943. The members of the Croatian Ustaša movement announced the forming of the Independent State of Croatia (NDH), which initially included the territories of Croatia and Bosnia and Herzegovina, and from October 1941, the territory of Srem with the city of Zemun. This paper looks at the work of intelligence and security institutions on the territory of the occupied state at the time, with a special reflection on the development of the safety organs of the partizan movement. [ABSTRACT FROM AUTHOR]

The paper analyzes territorial organization of the Kingdom of Serbs, Croats and Slovenes, i.e. the Kingdom of Yugoslavia. After a brief review of the emergence of that country, which largely influenced its territorial organization, the systems of territorial organization in both of its constitutions- the „Vidovdan” Constitution and the „September” Constitution - were analyzed. Finally, there is a short evaluation of the degree of self-government that these systems envisioned. [ABSTRACT FROM AUTHOR]

In this paper, an issue of money compensation for non-pecuniary damages for emotional distress over the death and severe disability of someone close has been researched, analyzed and presented in details. The provisions of Regulation brought by the Government and Supreme Courts of the ex-Yugoslav republics in the aim of leveling of court practice in the issue of a regular determination of a fee for non-pecuniary money compensation have also been analyzed and exposed. Certainly, the subject of this paper is the Regulation of the Government of the Republic of Serbia on compensation to third parties, either. [ABSTRACT FROM AUTHOR]

As a certain continuation of the previous paper in which we pointed out the specificities of legal regulations regarding intestacy in former socialist countries, the subject matter of the present paper are statutory legal regulations as basis to claim inheritance in the remaining European countries, more specifically the countries of the former SFRY. Namely, it is our surrounding countries, (Slovenia, Croatia, Macedonia and Monte Negro) that are inevitably analysed in comparative overview of intestacy. The reason for this is the long period of common development of inheritance law, as well as the need to clearly observe the similarities and certain differences in respect of our subject matter in the laws of these countries after the dissolution of SFRY. The law of Republic of Srpska, as an entity of Bosnia and Hercegovina is also an integral part of this comparative overview. Its importance to be included in this study emerges from the above-mentioned reasons of necessity to study legal regulations of our neighbouring countries, as well as from the fact that serbian people live in this entity. The comparative legal method what was used in this study enables us to observe not only the differences, but also the mutual solutions and general legal principles which this group of European legislatures is governed by when regulating the rules of intestacy. [ABSTRACT FROM AUTHOR]

The Paper discusses the problem of legal particularism that existed in the common state of Serbs, Croats and Slovenes. The author firstly points to the legal territories which existed in the Yugoslav state, as well as the reason for initiating the task of the equating of the law and drafting of uniform laws, along with the state organs which were involved in this. Particular reference is made to the shortened procedure for equating of law, which was prescribed by the St. Vitus' Day (Vidovdan) Constitution, along with the role of the Legislative Committee of the National Parliament in that procedure. The author shortly describes the results of the legislative work done in the enacting of uniform laws in different legal areas. The paper also discusses the reasons and socio-political circumstances which rendered the legislative work in the Yugoslav state between the Two World Wars inert and without more success. [ABSTRACT FROM AUTHOR]

Agrarian issue in Yugoslav Kingdom between two World Wars was complex and one of the most important issue in state. Complexity of agrarian relations and revolutionary mood in villages among the peasants were the reasons which justified taking actions to organize and carry out democratic land reform and colonization. Colonization was a migratory process which caused extensive social con-cequences in Yugoslav Kingdom between two World Wars and it was also standardized by legal regulations. In the paper are also exposed the clauses of the most important legal acts concerning the process of colonization. The author points out to the subjects and objects of colonization and explains the problems that followed the course of this significant state measure. These problems had an substantial effect on the course of the colonization and its results. [ABSTRACT FROM AUTHOR]

The subject of our research is the evolution of the principle of immediacy in general criminal proceedings in Serbian law, with the aim of observing the basic tendencies in that development. In this article, the results of the first part of the research were published, in which the analysis and comparison of the principle of immediacy in our first two procedural codes was carried out The Code of Criminal Procedure of the Kingdom of Serbia from 1865 and The Code of Criminal Procedure of the Kingdom of Yugoslavia from 1929. Both codes generally respected the structural, personal and temporal segments of the principle of immediacy, allowing for a number of exceptions from it. These exceptions we-re much more radical in the reactionary Code of Criminal Procedure from 1865, of a moderately inquisitorial type. Not only is the principle of immediacy not implemented in it with all its consequences, but it is also made illusory. The adoption of the principle of positive legal evaluation of evidence and the dominance of the inquisitorial principle contributed to that. The main trial was only a facade, behind which there was a significant possibility of penetration of investigative materials, regardless of whether it came from judicial or police authorities. In contrast, the Criminal Procedure Code of 1929 was based on procedural principles, such as accusatory, immediacy, publicity, orality, adversary, material truth and free evaluation of the criminal proceedings. The principle of immediacy was consistently implemented, with some reasonable and mostly acceptable exceptions in the structural and personal party segment. In some cases, the judgment could be based on investigative materials, but they were always cort records. That code consistently adhered to the rule that no one could be tried and convicted in absentia. Its provisions aimed at preserving the continuity of the main trial are to be commended. [ABSTRACT FROM AUTHOR]

The author focuses on inheritance position that relatives, spouse and concubinage partner as intestate successors have in the laws of the countries of the former Yugoslavia (Serbia, Slovenia, Macedonia and Montenegro) as well as the entity of Bosnia and Herzegovina - the Republic of Srpska law, in cases when a corrective to ordinary rules of succession in certain intestacy classes applies, that is in case of application of the so-called exceptions to the rules of intestacy. The importance given to the fact of kinship (that is, the particular category of kins), marriage and concubinage in each of these laws may be observed based on the way each of these laws approach the regulation of a number of questions related to this issue, from the circle of heirs whose intestacy share can be increased or decreased, the existence of reciprocity in terms of the possibility to increase or decrease the shares of intestate successors covered by this possibility, as well as regarding the particular way (in terms of the type of inheritance authority) and the possible scope of increasing or decreasing the share of a particular heir. Therefore, all of these questions present the subject of analysis of this study which aims to determine the intensity of the changes in the hereditary position of certain intestate successors with respect to the one that they have upon application of the ordinary rules of intestacy (which was a subject of analysis of the previous article) in each of these laws. The purpose of the study is also to point out the advantages and some of the remaining weaknesses of the existing legal provisions in the relevant laws, and ultimately, to note the different and similar or even identical solutions adopted by the mentioned group of legislations in regulating this matter. In the sense of the forthcoming Civil Code of Serbia, author emphasizes certain changes regarding the regulation of some important issues in the domestic law. [ABSTRACT FROM AUTHOR]

Serbia, as a member of the former Yugoslavia, has Administrative procedure Act since 1930. This Law has been made under the model of Austrian Administrative Procedure Act of 1925. This Law has been verified through praxis of almost one century. Lately, Serbian Ministry of Justice and Public Administration prepared Draft Law on Administrative Procedure which is totally different from existing Law. Draft Law is combination of the rules taken from the new Croatian Administrative Procedure Act of 2010, which is far from being verified in praxis. On the other side, Draft is full of disputable theoretical definitions, which makes this text similar to "scientific" article or book. Existing Administrative Procedure Act is in all senses much better than the Draft. With some minor changes this Law would be perfect and could be used easily in the praxis. The Draft would cause a lot of problems, make confusion and demand a lot of time in order to prepare civil servants to understand and implement this Law. That is all unnecessary! All this reasons make this author to come to the conclusion that this is not a step forward. This is neither step back, because we never had such bad law in the past. This is ten steps aside! [ABSTRACT FROM AUTHOR]

Subject matter of this article is development of legal regulation if additional payments in Serbia, from 1937 Commercial Code of Kingdom of Yugoslavia till nowadays. In introductory part author underlines legal nature, commercial function and importance of additional payments in private companies, with downfalls in regulation, court and busyness practice. 1988 Enterprise Act and 2004 Company Act has no regulations at all regarding additional payments. 1996 Enterprise Act and 2011 Company Act have provisions on additional payments, but with numerous weaknesses and open questions. Though critical analyses author underlines basic characteristics of additional payments included critical issues which may be expected during application of new legislature. [ABSTRACT FROM AUTHOR]