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THE HISTORIC OVERVIEW AND LEGAL CHARACTER OF NORMATIVE ACTS OF THE REPUBLIC OF SRPSKA KRAJINA
Miljenko Brekalo
Sažetak
By analyzing all normative decisions of the Republic of Srpska Krajina, it is easy to conclude that most legal decisions were compiled on the basis of positive legislation of the Republic of Serbia and the Federal Republic of Yugoslavia in force at the time. Activities of the Krajina authorities aimed at making legal and sub-legal acts, cannot really be qualified as normative activities, because many of such acts were adopted contrary to the provisions of Articles 366 and 367 of the Constitution of the Socialist Republic of Croatia and contrary to the provisions of Articles 293, 296 and 298 of the Constitution of the Socialist Federative Republic of Yugoslavia. In addition, most of the legislative corpus of the Republic of Srpska Krajina was passed between the beginning of 1992 and mid 1995, i.e. in the period when the Republic of Croatia was a recognized subject of international law. The legislative procedure in the Republic of Croatia (the procedure of passing laws) is regulated by the Constitution of the Republic of Croatia and the Standing Orders of the Croatian Parliament. Considering the afore said, the activity of the rebel Serbs, pertaining to the making of their legal and sub-legal acts, may only be defined as a quasi-normative activity, since it had no constitutional hold in the above three constitutions. Despite this fact, authorities of the Republic of Croatia respected high democratic and legal standards with regard to normative activities of the Republic of Srpska Krajina. For that reason, Croatian authorities passed the Law on Convalidation which, along with other three sub-legal texts, regulated the convalidation of the regulations of the Republic of Srpska Krajina. Namely, the convalidation of the monetary acts of the Republic of Srpska Krajina was not possible because the latter were contrary to the provisions of the Constitution of the Republic of Croatia and the Constitutional Law on Human Rights and Freedoms and Rights of Ethnic or National Communities or Minorities in the Republic of Croatia and other laws of the Republic of Croatia. In other words, it means that, argumento a contrario, all the acts of the Republic of Srpska Krajina have the same legal significance they had prior to the passing of the convalidation regulations and after that they were and still are legally non-existing acts, in terms of both positive legal regulations of the Republic of Croatia and the provisions of international law. Their legal/actual effect accounts for a temporary hindering of the competence of the Croatian authorities to regularly conduct their duties on the temporarily occupied territories of the Republic of Croatia.
Ključne riječi
Federal Republic of Yugoslavia; Socialist Republic of Croatia; Republic of Srpska Krajina; convalidation; normative activities; normative act
Hrčak ID:
107276
URI
Datum izdavanja:
20.12.2012.
Posjeta: 4.240 *