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  • Vučković Vladimir

    05/2013
    Dissertation

    The topic of this paper is an extensive analysis of the relationship of, then existing, the Kingdom of Serbia towards its new areas which were liberated from the Ottoman rule after the Balkan Wars. Such relationship has been analyzed on the basis of the forms of legal administration of these areas, i.e., on the level of normative acts from that period, including new acts which the Kingdom issued for these areas, as well as the acts which had already existed and whose validity was only expanded. The goal of this paper is an introduction to the legislative state acts of the Kingdom of Serbia at the beginning of the 20th century and their practical application in the new areas in 1912 and 1913. Their application was done after the change in the statehood status of these areas, due to the fact that the earlier Turkish administration was replaced with the Serbian one. That would, in fact, represent a scientific explanation of the legal status of these new areas which were seized by Serbia after the Balkan Wars. In spite of the time distance of exactly one hundred years, the processing of the available literature has shown that the science of Serbian legal history lacks a complex analysis of the legal status of these areas. The applied methods are: a dogmatic method, used in the section which deals with the content of the legal regulations which were issued primarily for the new areas, as a basic mechanism for the interpretation of the legal norms; a historical method, used for the analysis of the development and the changes in the legal status of the areas which were liberated in 1912 and 1913 and a sociological method, used for the analysis of the social presumptions in the issuing process of the legal acts for the new areas and their practical application. The legal status of the areas annexed to the Kingdom of Serbia after the Balkan Wars represents an important topic in legal history in view of the final shaping of the Serbian state at the beginning of the 20th century. During this period, the question of the fate of Turkey in the Balkans was a simple continuance of the resolution on the ‘Eastern Question’ which, to this day, permeates and complicates the situation in the multinational Balkan Peninsula with its unresolved territorial questions. The territory on which the Kingdom of Serbia made claim was taken by force in the 14th century by the Ottoman army. Later, with the reconstruction of the Serbian state in the north and the appearance of the Principality of Serbia, the areas in the south populated by Serbian folk had remained a part of Turkey. Those areas were named Old Serbia, and they included central, southern and southeastern parts of former medieval Serbia, that is, they were congruent with the southern borders of King Milutin’s state or the state that was inherited by the Emperor of the Serbs, Dušan. The Eastern Question was analyzed as an important part of this paper. The events which had had an influence on the raising of this question had as a consequence the creation of the Balkan League as a basis for the start of military operations against the Ottoman state. The First Balkan War helped to dissolve the Ottoman power in the European part of Turkey, and the most significant victory was achieved by the Serbian army near Kumanovo. This victory solved the question of the Old Serbia. The second Serbian victory at Bitola solved the question of the survival of the Ottoman state in Macedonia. Afterwards, the Second Balkan War followed, not as a battle for the division of the areas freed of the European Turkey, but as a means of establishing the balance between the Balkan states, that is, to prevent the domination of Bulgaria in the Balkans. The new areas were internationally recognized as a part of the Kingdom of Serbia at the London Conference in 1912 and the Bucharest Conference in 1913, which was, later on, a basis for its legal administration. At the Conference in Bucharest especially, important decisions were made regarding the further fate of the Balkan Peninsula. Legally and internationally recognised borders of the Balkan states were determined, within which the states would enact legal administration of its areas. In the Kingdom of Serbia, public administration in the new areas was determined by the stands of the ruling Radical Party and the Court. The representatives of the Government considered that the political and legal order of the Kingdom could not and should not be immediately applied to the annexed areas, and therefore, its population could not and should not be equal in rights to the population of the pre-war Serbia. This was the reason why, for a while, these areas should have been governed on the basis of special and particular laws. The ruling Radical Party justified this kind of regime by pointing out its temporary and transitional character. In accordance with this kind of view, the legal administration of the new areas began with enacting a large number of regulations which served to gradually, partially or completely implement the laws of Serbia in the fields of economy, finance and government organization. New, particular legal regulations, which applied only to new areas, were also created. The most important, perhaps, was the expansion of the valid Constitution of the Kingdom of Serbia from 1903, onto these areas. In this regard, it should be noted that not all political rights and freedoms, which were valid in the Kingdom of Serbia, were implemented, because only a part of the Constitution had its validity expanded. The Government labeled it as “The regulations of the Constitution implemented into the life of the newly liberated and annexed areas.” That kind of legal administration of the new areas, which had been viewed differently by the important political factors of the state, had as a consequence a serious political crisis in the Kingdom of Serbia, which was not solved due to the outbreak of the First World War. At the beginning of the war, new areas functioned as a part of the Kingdom of Serbia, since their local population took part in the war events. Although this population was included in the military defense of the country, at the international, diplomatic level, certain questions attached to these areas started to arise again. The Allies demanded that Serbia hand over these areas to Bulgaria in return for its support in the war. Such conditioning influenced the regent Aleksandar Karađorđević to sign a Proclamation concerning a full legal and political equalisation of these areas with the Kingdom of Serbia in December 1914. Later on, during the war, starting with the Corfu declaration, new areas were treated as a legal and political part of Serbia, because now, the most important question was the clarification of the relationship with the new areas in the north, populated by the South Slavic people in Austro-Hungarian Empire. The important thing for the new areas in the south was the fact that they participated equally with the other parts of Serbia in the political life. After the First World War, these areas formally and legally became an integral part of Serbia, but there were unresolved problems whose roots were precisely in the years of 1912 and 1913 respectively, in the incomplete legal administration which was established by the Kingdom of Serbia. This topic is current, since the area, which the Kingdom of Serbia liberated from the Ottoman rule in 1912 and 1913, has been formed into one internationally recognised state (FYR Macedonia) and into another self-proclaimed state which is an international protectorate (Kosovo and Metohija). However, similarly to the period which is discussed in the paper, it can be concluded that even nowadays, only one phase of the Eastern Question in the Balkan Peninsula is opened. Today, in the same way as before, the resolution of the question will depend on the complex relationships and interests of the great powers. Predmet rada je iscrpna analiza odnosa nekadašnje Kraljevine Srbije prema svojim novim krajevima, oslobođenih od Turaka posle Balkanskih ratova. Takav odnos analiziran je na osnovu pravnog uređenja ovih krajeva, odnosno na nivou pravnih akata iz tog perioda, i to kako novih koje je Kraljevina donosila za ove krajeve, tako i već postojećih čija je važnost samo proširivana. Cilj rada je upoznavanje sa državnopravnim propisima Kraljevine Srbije na početku 20. veka i njihovom praktičnom primenom u novim krajevima 1912. i 1913. godine. Njihova primena izvršena je posle promene državnopravnog statusa ovih krajeva, pošto je dotadašnja turska uprava bila zamenjena srpskom. To bi, u stvari, predstavljalo i naučno objašnjenje pravnog položaja ovih krajeva prisajedinjenih Srbiji posle Balkanskih ratova. Uprkos vremenskoj distanci od tačno sto godina, obrada dostupne literature ukazala je da srpskoj pravnoistoriskoj nauci nedostaje kompleksna analiza pravnog položaja ovih krajeva. Primenjene metode su: dogmatski metod, korišćen u delu koji se bavi sadržajem pravnih propisa, prevashodno donetih za prostor novih krajeva kao osnovni mehanizam tumačenja pravnih normi; istorijski metod, korišćen radi analize razvoja i promena u pravnom položaju krajeva koji su oslobođeni 1912. i 1913. godine i sociološki metod, korišćen radi analize društvenih pretpostavki donošenja pravnih akata za nove krajeve i njihove praktične primene. Pravni položaj krajeva prisajedinjenih Kraljevini Srbiji posle Balkanskih ratova predstavlja važnu pravnoistorijsku temu u okviru konačnog uobličavanja srpske države na početku 20. veka. U to vreme, pitanje sudbine Turske na Balkanu predstavljalo je samo nastavak rešavanja Istočnog pitanja koje se do danas provlači i komplikuje nerešenim teritorijalnim pitanjima mnogonacionalnog Balkanskog poluostrva. Teritorija na koju je Kraljevina Srbija polagala pravo, silom je bila zauzeta u XIV veku od strane osmanske vojske. U kasnijem periodu, obnavljanjem srpske države na severu i pojavom Kneževine Srbije, oblasti