General Principles of Administrative Law in Yugoslavia
| Date | 01 June 1959 |
| Published date | 01 June 1959 |
| DOI | 10.1177/002085235902500217 |
| Subject Matter | Articles |
232
lations formerly governed by kolkhoz law (2)
The introduction gives a definition of ad-
and other branches, were now ruled by civil
ministration from the points of view of theory
law. This was a consequence of the growing
and positive law. An analysis of social man-
autonomy granted to enterprises.
Therefore
agement, as a result of devolution to other
the matter should be considered, not from the
agencies of various State responsibilities, fol-
angle of the ill-clefinecl notion of economic re-
lows. At the present time, social management
lationship, but rather from that of patrimo-
is found in Yugoslavia (1) in education (uni-
nial relations which were a subject in civil
versities, faculties, schools of every type),
law.
(2) cultural and educational institutions
But A. V. Viennediktuv, a highly reputed
(theatres, archives, museums, philharmonic
civilist member of the Academy, shared I. V.
societies, broadcasting and television stations),
Pavlov’s views. There was a need to focus
(3) science (academies of sciences, institutes
the attention of academic circles
and scientific
on the
establishments), (4) health
pro-
blems of organization and management of so-
protection services (hospitals, sanatoria and
cialist
other institutions), (5) social security and
economy and on the economic relation-
ship between socialist enterprises. Thus, the
other social services, (6) housing, and (7) so-
notion of
me economic
an economic law should be re-exam-
enterprises related to cultural or
ined, and
educational
not rejected from the outset.
It
t
aims, with joint workers’ self-
might be preferable to lay down the principle
management and social management ( publish-
of a « complex of legal science, to study the
ing concerns, film production, the press). So-
problems in question in
cial
a general practical
management is not uniform in these var-
ious enterprises. There are structural differ-
way. This new branch would have a unitary
character, and various fields could be defined,
ences, and the extent of authority held is not
if
the same. The social
necessary, for administrative and civil law
management is defined
relations within the framework of the mutual
by a set of specified legal provisions. But Pro-
relations of socialist enterprises.
fessor Stjepanovic points out that the prin-
-
F,mnnuel
Iserzon.
ciples common to the various categories of
establishments concerned have still to be de-
fined and analysed in detail.
(2) Cf. G. Langrod, Le droit des kolkhozes en URSS -
Chapter I deals with organization consider-
Branche du droit administratif (Kolkhoz Law in the USSR
ed
A
Branch of Administrative Law) in «La Revue adminis-
as a vehicle for the performance of admin-
trative», No. 26/1952, p. 203 &
ff.
istrative activities, with the principles on
which implementing authorities are establish-
ed, and with large-scale organizations. The
various administrative and general social agen-
General Principles of Administrative Law
cies are reviewed : State administrative au-
in Yugoslavia
thorities, and economic organizations; the or-
ganization and general traits of administrative
Mr. Nikola Stjepanovic, Professor of Ad-
agencies at Federal and Republican and auto-
ministrative Law in the University of 1=3el-
nomous unit levels are described, as well as
grade, has written
the local and workers’
a text-book (*l’ primarily
self-management au-
for the
thorities.
use of undergraduates of the Faculty
of Law.
It comprises the course taught by
Writing on the relations between State
Professor Stjepanovic during the past two
agencies and economic organizations (p. 258),
years, and the text of the legal provisions on
the author distinguishes two periods. The
the subject. It is divided into six main chap-
first, from 19-~5 to 1951, is that of State so-
ters, with a sixty-five page introduction :
cialism and management of national economy
1. Basic organizational structures; principles
by the administrative authorities; the second,
of public administration in Yugoslavia; II.
is that of the new economic system and of
The legal status of State and other public
workers’ self-management in economic con-
officials; III. Administrative tasks and their
cerns.
this period started half-way through
performance; IV. Administrative acts; V. Ad-
1950, and the system was general by the end
ministrative procedure; VI. Operational super-
of 1951.
During the first period, the State
vision of administrative agencies.
economic units were subordinate to the State
administrative agencies, since they were, in
fact, also State agencies. The second period
(*) Dr. Nikola Stjepanovic, Upmvno pravo FNRJ.
is marked by the fact that economic units,
Opsli deo, Dritgo yre~ravljeno i ~o~unjeno izdartje (Admin-
and
istrative Law of the Federal
particularly those which are no longer a
People’s Republic of Yugo-
81avia, Second edition, revised and enlarged), Belgrade,
part of the State’s administrative structure
SaBfcl1H’na arlministradja. 1958, 726 pages.
but have become autonomous social units
233
whose workers enjoy the democratic right of
thor comes to the conclusion that the pre-
self-management, are entirely autonomous.
sent main task of the Yugoslav State admin-
State agencies, and particularly administrative
istrative
authorities
is
the
achievement,
authorities, have only those rights and powers
through administrative decisions and their im-
over economic units which arc expressly enact-
ptementation, of the tasks and purposes of the
ed.
Professor Stjepanovic distinguishes three
Yugoslav workers’ State in its historical pro-
basic relationships between economic units
gression towards a socialist society.
and the community : ( 1 ) those which accrue
Chapter IV is devoted to a definition of the
from the general character given to the acti-
notion of administrative decisions, which are
vity of economic units by the community,
classified as rule-making, individual and ma-
through planning in accordance with the ac-
terial.
cepted social policy; (2) the legal enactments
relative
Chapter V covers the principles, institutions
to
the general organizational and
and basic rules of
operational problems, and defining the condi-
general administrative pro-
ceclure under the relevant Act which came in-
tions of economic activity common to all en-
to force on 20
terprises ; and (3) the control of the activity
April 1957, and the principles
and mechanics of
of economic enterprises by the social
penal administrative proce-
com-
dure (Basic Act
munity with
on Violations of the Law,
a view to ensuring that the spirit
and the letter of...
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