USTAVNI DIZAJN POLOŽAJA PREDSEDNIKA REPUBLIKE TURSKE

The constitutional reforms of 2017 in the Republic of Turkey continued with the noticeable tendency of strengthening the executive power embodied in the institution of the head of state. Finally, this institution is constitutionally designed in a form that provokes significant debates in the legal and political public, which makes the subject interest even more provocative and attractive. The paper tries to present the understanding of the existing system of government in Turkey with the dominant position of the institution of the President of the Republic. In order to complete the objective notion of central research, it is first necessary to analyze the development of recent Turkish constitutional history during this century and explore the personal element of the institution of the head of state recognizable in the current president, Recep Tayyip Erdogan. In order to fully master the problem in question, it is necessary to pay appropriate attention to the institution of the army. Finally, the concluding epilogue of the conducted research can be a contribution to the discussions on the qualification of the type of government system of the state in question.

PONIŠTAJ ARBITRAŽNE ODLUKE DONETE OD STRANE AGENCIJE ZA MIRNO REŠAVANjE RADNIH SPOROVA

Word of the dispute is primarily associated with the intervention of the court. This is a traditional way of resolving labor disputes. The tendency in the world is to get as many of these disputes resolved peacefully, fast and fair manner at low cost. Avoiding court decision increases the chance of finding a favorable solution to the two opposing sides. The content of an arbitration agreement is of great importance to the parties in the arbitration proceedings. An arbitration agreement express the contractual freedom of the parties and list of facultative elements of an arbitration. Main benefits from peaceful solving labor disputes are expediency and cheap costs of the arbitration process. The arbitratior represents quasi – judicial instance and him may be wrong in his decision. The decision process is single and there is no possibility of appeal. This option would slow down the process of resolving issues. But, it can not be situation that would not be any way to void the wrong decision of the arbitratior. It could be chance to avoid this situation. Exactly because of that case, it must be provided for the possibility of annulment decision from peaceful settlment labor disputes agency. Reasons for cancellation must be a procedural character. Courts should not enter into the merits because it would further slow the troubleshooting. This would replicate the slowness of the trial in arbitration deciding. This length of proceedings before the courts is contary to the idea of arbitration as a quick, cheap, efficient and above all peacefull methods of resolving labor disputes. Court in relation to arbitration should have only a supervisory function. Blending the merits of arbitartion decisions would be deprived of independence and efficiency.

IZAZOVI I KAPACITETI JAVNOG UPRAVLjANjA U ZEMLjAMA BRIKS-A

In the last decade, the BRICS countries have undoubtedly become the epicenter of global economic growth. However, dissatisfaction with the modernization process has led to the emergence of a new concept: public governance. Politically, BRICS is made up of three democracies (including the largest in the world, India), a totalitarian regime (China) and a nation characterized by significant authoritarian tendencies (Russia). Several issues that are important to the BRICS member states for the coming period concern the stability of constitutional systems, anti-terrorist efforts, accounting for corruption and security. The BRICS countries have relatively well-developed institutional and legal frameworks necessary to foster the rule of law regime. However, strong corruption and political indulgence have led to erosion in political, economic and legal institutions, a weakening of judicial independence and a lack of democratic accountability. For the success of the BRICS countries, strengthening the rule of law is more critical than ever for further economic progress, which is a long-term process and requires adequate measures to be taken to ensure respect for the principle of superiority of law, equality before the law, responsibility under the law, fairness in the application of the law, division of power, participation, legal certainty in decision making, avoidance of arbitrariness and procedural and legal transparency.

TROŠKOVI IZVRŠNOG POSTUPKA U REPUBLICI SRPSKOJ

In this paper, the autors analyzes the regulation of the institute of costs of enforcement proceedings in the Republic of Srpska. In that regard, the autors elaborates important questions related to legislation, the term costs enforcement proceedings, the legal nature costs enforcement proceedings, the request for compensation of costs, deciding on costs of proceedings, exemption from the reimbursement of the costs of the proceedings, caution iudicatum solvi. The goal is to create a complete picture of costs enforcement proceedings.

ULOGA MEDIJA U OSTVARIVANjU PREDSTAVNIČKE FUNKCIJE NARODNE SKUPŠTINE REPUBLIKE SRBIJE

With the emergence and development of new information and communications technologies, true, timely and complete information, as well as one’s guaranteed right to it, becomes an extremely powerful means. Also, the inevitable and omnipresent globalization process implies a picture of the world as a joint space in which the technological, political, economic and ecological threads of interdependence are woven at great speed, thereby negating geographical distances and making the democratic form of government universal. Today, media are the keepers of democratic legal and political systems of modern countries. They represent the main communications channel between the National Assembly and the citizens and the most significant means of informing the citizens about public affairs. In order for the citizens to freely elect their representatives and take part in the making of the most important decisions and the creation of policies, it is necessary that they have freedom of expression and that true, timely and complete information is made available to them, which includes information about the representative candidates, the elections procedure, the elections results, as well as the actions of their representatives during their term in office.

POJAVA USLOVNE OSUDE U SJEDINjENIM AMERIČKIM DRŽAVAMA

The author gives an overview of the origin of the institution of probation in the United States. Probation in its current form was preceded by several institutions created in judicial practice, by which judges and juries tried to alleviate the objective severity of criminal procedure and penal policy. The institution of probation originated in the United States, which was possible thanks to the peculiarities of Anglo-Saxon law, in the first place its precedent character and the creative freedoms of a judge. The contributions of John Augustus and other volunteers inspired by Protestant values were immeasurable. During the nineteenth and early twentieth centuries, it became clear that short-term imprisonment did more harm than good to certain categories of perpetrators, so probation was introduced as a means of avoiding short-term imprisonment while maintaining the repressive nature of punishment. From the United States, where it proved to be good, probation quickly spread across the ocean to European soil. Today, probation is a generally accepted legal institute with a wide field of application in all modern legal systems.

UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.

PRAVNI I BEZBJEDONOSNI ASPEKTI RADA NA CRNO U CRNOJ GORI

Every employee in the of Montenegro enjoys certain employment rights. Among others, this includes the rights to earnings, safety at work, health care, personal integrity protection, dignity of personality, rights due to temporary illnesses due to illness, loss of working ability, age and material compensation due to temporary hindrance. In this regard, special rights are enjoyed by employed women during pregnancy and childbirth, then minors who are employed and persons with disabilities. Also, employees in the of Montenegro are entitled to contributions for compulsory social security, which provide funds for the financing of compulsory social insurance, which includes pension and disability insurance, health insurance and insurance in the case of temporary unemployment. Unfortunately, practice proves that these workers' rights are often ignored. Therefore, the notion of work on the black, which is actually a form of exploitation of labor, is created, works with a compensation below the envisaged minimum, without contribution for compulsory social security. From that, problems arise, which will be dealt with separately in this paper, relating to the safety of workers in black and increasingly often unfortunate cases, with a mortal epilogue for working people.

POLITIČKA KONTROLA UPRAVE

The administration occupies an extremely important place in the everyday life of citizens. The essential elements of administration are organization, competence, control and responsibility. Given that the contact of citizens with the work of the administration is inevitable and that this work is based on rules that must apply, the question arises who can control compliance with and implementation of these rules. There are two types of administrative control: legal and political. This second form of control, political control, is the topic of this paper. It analyzes which entities can control the expediency of the work of administrative bodies and the compliance of that work with the public interest. The paper presents the instruments of control used by active subjects when assessing expediency. These instruments are: parliamentary question, interpellation, vote of no confidence in the Government or an individual member of the Government, formation of inquiry committees and commissions. These instruments are used in order to control the administration by the highest representative body, ie the parliament. There will also be talks about the possibility of controlling the work of the administration by public opinion and political parties.