scholarly journals Constitutional Basis for the Application of the EU Regulation on Electronic Identification and Trust Services in the Republic of Srpska // Ustavnopravni osnov primjene EU uredbe o elektronskoj identifikaciji i uslugama povjerenja u Republici Srpskoj

Author(s):  
Siniša Macan ◽  
Siniša Karan

The Constitution of Bosnia and Herzegovina guarantees the right free exchange of goods and services throughout the territory of Bosnia and Herzegovina. In the process of integration into the European Union, Bosnia and Herzegovina and Republika Srpska have committed themselves to adapting their regulations to EU legislation.The exschange of goods and services has switched to the domain of electronic business, by developing Internet technologies. Administration can be viewed through services provided to citizens and the business community. It can be noted that these services can be services that are available to users through different communication channels. The administration can also provide its services according to prencipes on which e-commerce is basedAccording to mentioned above, the European Union, in accordance with the Functioning Agreement, defined through the European regulation of services, services that should make available the common market in each member state of the Union. In addition, the European Union has identified ways of identifying and implementing the services of trust in the market through the adoption of eIDAS regulations, that is, the Regulation on electronic identification and trust services for electronic transactions in the internal market No. 910/14Bosnia and Herzegovina and Republika Srpska have an obligation to adopt legal framework and implement obligations adopted by eIDAS regulations. The Constitution of Bosnia and Herzegovina defines that all governmental functions and powers not expressly assigned to the institutions of Bosnia and Herzegovina are responsibilities of the Entities. Therefore, regulating the electronic services market is the competence of the Entities. Accordingly, the Republic of Srpska has adopted a set of laws that are in line with eIDAS regulations, defining terms that are regulated by eIDAS regulations related to electronic business, electronic identification and trust services.In 2006, Bosnia and Herzegovina adopted the Law on Electronic Signature, using the provisions of the Constitution of Bosnia and Herzegovina that everything that the Entities agree on is the competence of Bosnia and Herzegovina. This law does not comply with eIDAS regulations. The paper describes how to apply eIDAS regulations in the Republic of Srpska and presents the situation in the field of application of the European Service Directive, as well as the ways to fully implement eIDAS regulations and exchange information on trust services and certification bodies with the institutions of the European Union and other Member States.

Author(s):  
Siniša Macan ◽  
Siniša Karan ◽  
Goran Džajić

The Constitution of Bosnia and Herzegovina defines the right for free economy, which is the basis of economic development through the promotion of private ownership and the development of market economy. Every citizen have freedom of movement within and outside of Bosnia and Herzegovina, as well as the freedom to choose a place of life, free choice of work and creating a business through positive competition between business entities.Bosnia and Herzegovina has assumed the obligations of integrating international legislation into its legal system. In order to implement the constitutional right for freedom of movement of people and capital, Bosnia and Herzegovina is obliged to apply international standards and regulations in the field of identification documents. At the same time, Bosnia and Herzegovina is integrated in the regional market with neighboring countries, the continental market in Europe and the intercontinental global marketplace. Such integration requires the creation of conditions in Bosnia and Herzegovina for the development of a business environment that is at least the same or better in relation to other markets.A constitutional obligation of all levels of government of Bosnia and Herzegovina is to remove all barriers that slow down or disrupt business, in order to enable that goods and services that are created by economic entities in Bosnia and Herzegovina can be competitive. In the era of Internet and digital business development, products and services can and must be available in every corner of the planet, and each state must create constitutional legal requirements that guarantee the rapid and free movement of goods and equity under equal conditions. This constitutional obligation guarantees that citizens without discrimination have at least equal conditions for business as well as individuals in other countries and in other markets with which goods and services are exchanged.In Bosnia and Herzegovina, there is a legal and legitimate framework for the use of a digital signature. However, in practice, this way of legally valid business did not become a reality. In the business environment in Bosnia and Herzegovina and Republic of Srpska is not possible to sign contracts electronically, to report taxes and contributions legally certified by digital signatures or digitally archive business documents or to open a business electronically.The question arises as to the objective reasons for this situation, as well as the constitutional and legal framework and practice in order to bring the citizens of Bosnia and Herzegovina and the Republic of Srpska into equal status with citizens in the open capital market.


Corporate governance provides an answer to the question who controls the corporation and how. It involves a set of relationships between management, shareholders and stakeholders. Corporate governance in Bosnia and Herzegovina is within the legal jurisdiction of entities, and consequently there are two substantially aligned and yet completely distinct corporate governance systems, which separates Bosnia and Herzegovina as a state in the international environment into a specific category in terms of corporate governance. This paper will analyze ownership concentration in order to identify the characteristics of the corporate governance systems, then it will present the principles on which the legal framework for corporate governance in Bosnia and Herzegovina is defined, compare the business transparency standards with the transparency directive in the EU, and measure the quality level of corporate governance in order to define key areas for improvement of corporate governance in Bosnia and Herzegovina. The development and characteristics of the corporate governance systems in Bosnia and Herzegovina will be explored and compared with the regulatory framework and standards of corporate governance in the European Union. Special emphasis is on comparing the transparency principles and standards of corporations in Bosnia and Herzegovina with corporations in the European Union. The aim of the research is to compare the regulatory framework and characteristics of the corporate governance system in corporations in Bosnia and Herzegovina with the standards in the European Union, to identify similarities and differences and to define key areas for improvement of corporate governance in Bosnia and Herzegovina.


2017 ◽  
Vol 6 (2) ◽  
pp. 140-146
Author(s):  
Nikola Mandić

Generally speaking, public transport is the transport of persons and cargo available for use to the general public, performed on the basis of a transport contract. Public transport costal liner shipping is the transport of passengers, cargo and vehicles in the internal marine waters and territorial sea ofthe Republic of Croatia performed on pre-established lines in compliance with the published terms and conditions of the sailing schedule and services pricelist. The Act on Transport in Liner Shipping and Occasional Costal Maritime Transport established the public transport system in the Republic of Croatia, ensuring regular connection of inhabited islands with the mainland and other inhabited islands, as well as between coastal towns, with an appropriate number of daily two-way connections, to improve the conditions of island life and stimulate their development. Prior to the accession of the Republic of Croatia to the European Union, the maritime liner shipping market in the Republic of Croatia was reserved primarily for Croatian shipping companies. Now, following the expiry of the transitional period negotiated in pre-accession negotiations with the European Union and the expiry of previously concluded concession contracts, the market is opening up to shipping companies from the European Economic Area. Hence, over the last couple of years, the Republic of Croatia was required to modify its legal framework regulating this subject matter. This paper presents novelties in the legal framework introduced in 2016 and 2017, which directly affect the opening of the maritime liner shipping market in the Republic of Croatia to shipping companies from the European Economic Area, with the critical analysis of the new solutions.


2020 ◽  
pp. 100-107
Author(s):  
V. A. Kardanov ◽  
V. N. Kulik ◽  
T. A. Petrova ◽  
V. V. Vulshonok

The issues related to the analysis of export and import of goods between two neighboring states: the Republic of Poland and the Russian Federation have been examined. Relations between the EU countries and Russia to date have been in a significant crisis. Cooperation in the economic field is reduced in the context of mutual sanctions. According to the authors, for the Russian Federation in the near future the main task should be set – economic rapprochement with the countries of the European Union and further negotiations on easing mutual sanctions, since these and other reasons significantly complicate the countertrade in goods and services and impede European integration. It is obvious, that European companies are also interested in normalizing commercial and economic relations. The limitations of non-tariff regulation in foreign trade have been considered also in the paper. It has been concluded on the need to gradually mitigate restrictive measures. And efforts in this direction should be made by both the Russian Federation and the member States of the European Union, including the Republic of Poland.


2016 ◽  
Vol 52 (1) ◽  
pp. 165-182
Author(s):  
Biserka Rukavina ◽  
Loris Rak ◽  
Silvana Buneta

This paper provides an overview of activities of the European Commission for establishing a single European maritime transport space and indicates whether and to what extent the adopted strategy documents have established their operations in practice. Directive 2010/65/EU of the European Parliament and of the Council on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/ EC, as well as Directive 2002/59/EC of the European Parliament and of the Council establishing the Community vessel traffic monitoring and information system, which represent significant legislative achievements of the European Union in the process of reducing administrative burdens to which ships are exposed in the maritime transport, are particularly analyzed. Reasons for amending Directive 2002/59/EC are especially explained. In the last part of the paper, authors review the achievements of the Republic of Croatia regarding the implementation of measures for the establishment of a single European maritime transport space. Based on the results of a comparative overview of solutions contained in the Directives and Croatian bylaws, authors point to the existence of non-compliance and to the need for further action.


Author(s):  
Elena A. Kosovan ◽  

The article considers the process of formation of the institutional and legal framework for the local self-government system in the Republic of Moldova. Chronologically, the study covers the first decade after the collapse of the Soviet Union. The author places the formation of the national local self-government system in the context of the European vector of Moldovan foreign policy, analysing the process (especially the implementation of the so- called “decentralization reform”) from the perspective of Moldova’s interaction with the European Union and the Council of Europe. The theories of formal structure and social imitation provide the conceptual framework for the study. The author briefly describes the Soviet self-government system, the gradual abandonment of which was the essence of the reforms of the 1990s, and touches upon the organization of self-governance according to the Anglo-Sax- on and Continental models and the modern systems of self-governance existing in the European Union, to which the Republic of Moldova aspires to become a member. The article consecutively analyses the stages of work of Moldovan legislators aimed at the formation of local authorities, evaluating its results both in terms of compliance with European norms and principles of local self-government organization and in the context of the national ethno-political, institutional and legal, civil and political specificity. According to the author’s hypothesis, the Republic of Moldova builds a system of local self-government by introducing elements of its institutional environment (European principles of regionalization and deconcentration) into its formal structures, but proceeds not so much from their compliance with specific goals and objectives of the Moldovan state, its political, economic and sociocultural specificities, as from their symbolic weight and ability to legitimize Moldova on the international scene as a state successfully undergoing a democratic transition.


1996 ◽  
Vol 90 (2) ◽  
pp. 301-316 ◽  
Author(s):  
Paul C. Szasz

The Bosnia Proximity Peace Talks at the Wright-Patterson Air Force Base near Dayton, Ohio, took place from November 1 to 21, 1995, and ended with the initialing of the General Framework Agreement for Peace in Bosnia and Herzegovina (GFA) and several of the annexed or related instruments by representatives of the principal states parties to the conflict in Bosnia: the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia. The initialing was witnessed by representatives of the European Union and the five states members of the Contact Group on Bosnia. In addition, all of the twelve instruments annexed to the GFA were also initialed or otherwise endorsed on behalf of the Federation of Bosnia and Herzegovina and the Republika Srpska. The GFA and these instruments were formally signed in Paris on December 14, and thereby immediately entered into force.


2019 ◽  
Vol 10 (6/2) ◽  
pp. 53-61
Author(s):  
Krystyna GOMÓŁKA

After regaining independence in the early 1990s, the Republic of Azerbaijan signed many international agreements. It also established relations with the European Union. Economic contacts between the partners were revived by the partnership and cooperation agreement’s entry into force in 1999. It assumed political dialogue, assistance in building democracy, cooperation in the sphere of economy and investment. In terms of trade in goods and services, the country have granted each other most-favored-nation clauses in the collection of customs duties and charges, transit clearance, composition and transhipment of goods, payment transfers for purchased goods and services. This has led to increased trade between the European Union and Azerbaijan. The most important trade partners of Azerbaijan in the years 2000-2017 were the following members of the European Union: Italy, France and Germany. The exports were dominated by Germany, France, Italy, the United Kingdom and Spain. The opening of the oil and gas sector to foreign companies has contributed to a significant inflow of foreign direct investment. More than 80% of the incoming investment is in the oil sector and the main activities are focused the construction of new gas and oil pipelines. The leading investors in this group in the years 2000-2013 were the United Kingdom, the Netherlands, Germany, Italy, France and      Cyprus.


2019 ◽  
pp. 101-105 ◽  
Author(s):  
V. A. Kardanov ◽  
V. N. Kulik

The European Union is the largest trading partner for the Eurasian Economic Union. The multi-integration of the Eurasian Economic Union with foreign countries practically guarantees a positive result. The issues, related with non-tariff measures regulating foreign trade, have been considered in the article. For the countries of the Eurasian Economic Union and the Russian Federation in particular, in the near future, the main task should be step-by-step standardization and elimination of almost all non-tariff barriers to trade, as these values significantly aggravate the counter-trade in goods and services and hinder further integration. And this concerns, above all, the development towards the European Union.


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