The basic goal of every legal entity in market oriented economy is creation and increase of the profit, while for the non privatized companies are characterized by bureaucratic management that ...encompasses great irrationality. Market economy, focused on entrepreneurial initiative presumes private property, and the role of the owner over the company is multi task oriented. Above all, the owner decides on the engagement of his own resources, directly manages the company or selects managerial or surveillance bodies, divides profit and covers losses, employs employees, and is responsible for company’s operations. In market economies state intervention into economic life is minimal, unlike the countries where the market was almost suspended from economy, which resulted in enormous waste of social resources. The practice has shown that in economies with dominant private ownership, the rule of law is also dominant, while the countries with preferences over collective ownership where the source of legal instability and totalitarian regimes. Countries in transition, among them is Serbia, have confronted with necessity of establishing market economy that demanded change of the ownership, that is transfer of social and community ownership into private. Bringing in adequate laws and creation of the necessary institutions are one of the key elements for successful privatization process. In front of our country there is established goal – involvement into international economic flows and cooperation with the market economy countries. The prerequisite of such goal is that the privatization process must come to an end in the nearest future, as well as the growth of private ownership and denationalization should be conducted. This means to take over the private ownership through nationalization and returning it to its former owners. After several years of reforms, Serbia is even now almost at the beginning of the transition process into democratic society and market economy. With the bringing privatization legislative and creation of institutional framework for conducting this process the conditions for fulfilling the basic goals of our country – creation of democratic society, based on the market economy principals and joining European Union. With the adoption of new Constitution of the Republic of Serbia in November 2006, private, public and cooperative ownership are proclaimed as constitutionally guaranteed forms of ownership. The law on denationalization is not yet adopted, and the effects of privatization are diminished due to the lack of consistent reforms. Although privatization process lasts for over decade, it is still acute economic problem and lacmus that clearly shows the strength of government in changing the social status and cultural template and way of thinking. The experience shows that the privatization is prerequisite of faster economic development. Highly developed world countries, besides, have provided for the reached level of development through timely privatization. Privatization is not the act that occurs only once, but extremely complex social process, it is essential to achieve consensus on this question from all the important social strengths.
The question of adequacy in compensation of the passenger and his/her family that is the questions of more sever or more delicate responsibility of the transporter is one of the important questions ...in the area of transportation law. When we talk about the responsibility of the transporter for death and body injury of the passenger, we talk about the rights of the passengers or his/her relatives on the compensation of the tangible and non tangible damage. The lost life and damaged health are financially irrecoverable, but yet the responsibility of the transporter for death and body injuries of the passengers offers legal protection to the passengers and therefore shows its real meaning. The tendency in transportation law is strengthening the legal position of the passenger, as economically inferior side in transportation contract. The legislative and jurisprudence conduct this process in more directions: with the increase of the lower level of responsibility of the transporter for reimbursement due to the injury, or the death of the passenger, increase the number of legal frameworks according to those the injured passenger or the heirs of the perished passengers can claim the reimbursement, with the limitation of the cases of liberation or derogation of the transporter responsibility, where the burden of justification of those circumstances lies always on them, prescribing the obligation of the transporter to be insured for the cases of incidents on minimal defined amounts, standardization of the transporter’s obligation to insure on the minimal proscribed amounts for the case of harmful event, standardization of the obligatory advance fee for the damage caused by the transporter to the injured passenger, or to the heirs that benefit after death passenger unless the request overpasses proscribed amount. Nevertheless, this process should not go towards threatening economic strength and the existence of the transporter himself. We should bare in mind that transportation organizations and transporters themselves are different in size, economical strength, so for one transporter reimbursement of the damage would be very heavy burden, while for the other this amount would be meaningless cost. That is why the need exists to find realistic proportion that could satisfy both signatories. We consider that the jurisprudence of USA, that does not proscribe the upper limit of the responsibility for the damages caused to the passenger in air transportation, where the courts adjudge indemnity claims in millions in national currency, should not be template and example for uniform regulation of this matter in comparative law. European Union transportation law correlates with European transportation and develops as its superstructure. Transportation law of European Union consists of legislative and institutes that impact more and more on the function and development of the European transportation, preparation of the legislative in order to increase the safety of the transportation, better protection of the passengers and their rights, strengthening of free market, standardization of the regulation considering the responsibility of the transporter in all kinds of transportation and legal superstructure of the combined transportation that is more and more present in the integrated Europe. European transportation law will be developed together with the harmonization process, so it is realistic to expect asking questions on the adequacy of numerous international conventions that are now standing as well as the questions of their revision. Countries that are not the members of European Union, if they want to perform transportation on European market would be obliged to obey European communitarian transportation law due to the practical reasons or under the pressing of economical necessity that impose European Union as economically stronger party. Therefore, legislative on the responsibility of the transporter for the damage due to the death or body injuries of the passengers must be adapted to the needs of European cooperation and harmonization process with European transportation law. This process of coherence with must be developed fast and especially due to the attractiveness and advantages of the membership status in European Union. Having in mind the harmonization process of our legislative with EU legislative, we could expect this as well in the area of transportation law, especially in the area of the responsibility of the transporter for death and body injuries of the passengers and “aggravation” of the domestic legislative.
Public Property and Local Government Knezevic, Mirjana; Simonvic, Zoran; Andzic, Slobodan
Ekonomika, Journal for Economic Theory and Practice and Social Issues,
12/2011, Letnik:
57, Številka:
4
Journal Article
Recenzirano
Odprti dostop
Monopoly ownership decentralization as a brake current direction of development of local governments not only here but also in the world. Decentralization is possible only with the deconstruction of ...ownership of monopolies, in a way that basically provides for the Bill on public property, property and other property rights of Serbia, autonomous provinces and local self-government, which is 31 12th The 2009th The came to the Parliament with the request that such acts discussed urgently. In domestic law is not resolved the issue of property of local governments. The forthcoming legislation stipulates that municipalities, public enterprises and autonomous province and get the property that is now state property for free use, lease, collect all revenues, taxes and borrow. Local governments will gain economic independence, their own sources of funds, their right to property constituted property that is now used. Taking and managing its property, local governments will be able to become important players in the economic market.
The Water Framework Directive (WFD) is the basic legal document that defines the protection and conservation of water in Europe and provides its high quality and long-term use, the exact standards ...set by the Member States must reach the established date. The Directive applies to the surface, transitional, coastal and groundwater. Water protection in the Republic of Serbia is legally regulated by the Law on Environmental Protection and Water Act. The Law on Environmental Protection has defined adoption of the National Strategy for Sustainable Use of Natural Resources and the National Environmental Protection Programme as the main strategic documents. This law introduces the categories of areas of special interest in the field of environmental protection. Government is the competent authority to set criteria, and identifies areas of special state interest in protecting the environment, and the amount and method of payment for environmental pollution in these areas. Water Act regulates the legal status of the waters, integrated water management, water facilities and water land, resources and financing of water services, as well as other issues of importance to water management. Existing regulations should be a legal basis for further upgrades in the field, with the aim of ensuring water quality, water management, irrigation and the fight against drought. In the field of water harmonization of legislation of the Republic of Serbia with the legislation of the European Union, which is primarily related to the process of intensive care environment, is developing in the direction of harmonization of the legal status of the concept of water as a strategic resource in Europe.
The subject of the analysis is the importance of new education policy of Republic of Serbia, as one of the key factors for economic development, whose dynamics depends on the degree of its ...realization and capacity of state to implement New Strategy for development of education in Serbia until 2020 (Law on government RS, 2005). In long term, the biggest importances in the process have investments into human capital and education, and research and development. The goal of the paper is to demonstrate that New Strategy for development of education in Serbia until 2020. has responded to requests that educational system should correspond to needs of the economy, to establish active institutional system of linking between science and industry; and that policy of incentives should be focused towards innovation in entrepreneurial sector. The paper starts with hypothesis that level of development of the economy depends on the results of conducted reform in education system, as well as that education system of Republic of Serbia, whose standards lag behind the outstanding legislation standards of European Union, does not satisfy immediate needs of the current economic structure. Defined hypothesis is confirmed in the paper, by the use of comparative legislation analysis of educational policy in European countries and surrounding countries. Basic message of the paper is that establishment of economic development of Republic of Serbia in post-crisis period is closely linked to implementation of education policy whose priorities are given in the New Strategy for educational development in Serbia until 2020, because without reform of education system is impossible to implement structural reforms in the economy.
NORMATIVE-LEGAL PROTECTION OF WATER Spalevic, Zaklina; Knezevic, Mirjana; Dimitrijevic, Dusko
Metalurgia international (Bucharest, Romania),
01/2013, Letnik:
18, Številka:
8
Journal Article
Water Framework Directive belongs to the basic EU legislation; it regulates water protection and preservation in Europe and ensures its long-term quality use through precisely determined standards ...that member states must reach by the set deadlines. The Directive applies to surface, transitional, coastal and ground waters. Water protection in the Republic of Serbia is legally regulated by means of the Law on Environmental Protection and the Law on Waters. The Law on Environmental Protection prescribes the adoption of the National strategy for sustainable management of natural resources and domains and of the National program of environmental protection as basic strategic documents. This law introduces the category of special state interest area in the field of environmental protection. The Government is the competent authority which establishes the criteria and identifies the area of special state interest in the domain of environmental protection and determines the amount and manner of payment of the compensation for environmental pollution in these areas. The Law on Waters regulates the legal status of waters, integrated water management, management of water objects and land, sources and the manner of financing water management as well as other issues pertaining to water management. The existing legislation should represent a foundation for further legal work in the field, in order to ensure water quality, water management, irrigation and drought management. Harmonization of the legislation of the Republic of Serbia with the legislation of the European Union, which primarily concerns more intense environmental protection, is developing in the direction of conforming to the understanding of water as a strategic resource in Europe.
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