Open AccessLegal justification of government acts and acts of disposal in the public rights of the Republic of Serbia
Author(s) -
Aleksandar Martinović
Publication year - 2012
Publication title -
zbornik matice srpske za društvene nauke/zbornik matice srpske za društvene nauke
Language(s) - English
Resource type - Journals
eISSN - 2406-0836
pISSN - 0352-5732
DOI - 10.2298/zmsdn1238047m
Subject(s) - nomination , the republic , government (linguistics) , political science , law , subject (documents) , coherence (philosophical gambling strategy) , public administration , christian ministry , administration (probate law) , law and economics , sociology , philosophy , linguistics , physics , theology , quantum mechanics , library science , computer science
The acts deciding on selection, appointment, nomination or deprivation have a unique legal character, regardless of which subject appears in the capacity of the enactor of the respective act - the Government, President of the Republic, National Assembly, ministry or the appropriate non-governmental subject. From the viewpoint of the coherence of the legal system coherence and of the citizens’ or artificial persons’ legal security, it is not good to treat these acts differently in situations which are in essence identical. We consider that it is a question of acts which differ from administrative acts, for a basic reason: they are passed in matters which are not administrative ones. Therefore, the distinction between matters in which decisions are made in regard to appointment, nomination or deprivation and matters of administration, regulated in Art. 43, Par. 2 of the Government Act, should be equally implemented by competent judicial instances, or by other appropriate authorities in the Republic of Serbia