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LEGAL GROUNDING OF THE STATE-CENTRALIZED SYSTEM IN CROATIA 1945—1952
Nada Kisić-Kolanović
; Institut za suvremenu povijest, Zagreb, Hrvatska
Sažetak
The theoretical and practical rules sanctioned by the legal system in Yugoslavia after the war established the monopoiy position of the Communist party. Hence, political aims had priority, and party organs ali too frequently usurped the power of the elected state bodies. The authorlties claimed in 1945 t h a t Yugoslavia v a s heading toward a stable constitutional status. Indeed, in the course of four years the parliament promulgated over 200 laws, but it did not represent a n y improvement in legal
protection a n d basic rights for the citizens. The activity of the public prosecutor office, which interfered with the -vvork of courts, people's committees, and institutions by protecting »socialist justice«, is the best example of the party meddling into the jurisdiction of state institutions. One of the first laws promulgated in 1945, the L a w of the People's Courts Establishment, rejected the theoretical principle of independence of courts as a »bourgeois« legal tradition, and t h e constitutional principle of government unity served the party to reject ali distinctions befween law and politics. Etatization of industry, centralization of government, and coUectivization of agriculture was associated with a climate of power pressure and lawlessness. By the end of 40's, more than 22,000 people in Croatia were investigated. The p a r t y functionaries ali the v h i l e admitted t h a t m a n y people v e r e denied
legal rights in the name of higher political goals. During the 50's, a new legal discourse w a s developed (Fourth Plenum of the
CC CPY in 1951); a new penal legislation was past; and in 1953 the Law of Penal Procedures was promulgated. But ali these documents had one thing in common: no political entity whose interests were in disagreements with the Communist party had any chance of being protected by law.
Ključne riječi
Hrčak ID:
190659
URI
Datum izdavanja:
1.7.1992.
Posjeta: 1.467 *