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Snježana Brkić

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The subject of our research is the evolution of the principle of immediacy in general criminal proceedings in Serbian law, with the aim of observing the basic tendencies in that development. In this article, the results of the first part of the research were published, in which the analysis and comparison of the principle of immediacy in our first two procedural codes was carried out: The Code of Criminal Procedure of the Kingdom of Serbia from 1865 and The Code of Criminal Procedure of the Kingdom of Yugoslavia from 1929. Both codes generally respected the structural, personal and temporal segments of the principle of immediacy, allowing for a number of exceptions from it. These exceptions were much more radical in the reactionary Code of Criminal Procedure from 1865, of a moderately inquisitorial type. Not only is the principle of immediacy not implemented in it with all its consequences, but it is also made illusory. The adoption of the principle of positive legal evaluation of evidence and the dominance of the inquisitorial principle contributed to that. The main trial was only a facade, behind which there was a significant possibility of penetration of investigative materials, regardless of whether it came from judicial or police authorities. In contrast, the Criminal Procedure Code of 1929 was based on procedural principles, such as accusatory, immediacy, publicity, orality, adversary, material truth and free evaluation of the criminal proceedings. The principle of immediacy was consistently implemented, with some reasonable and mostly acceptable exceptions in the structural and personal party segment. In some cases, the judgment could be based on investigative materials, but they were always CORT records. That code consistently adhered to rhe rule that no one could be tried and convicted in absentia. Its provisions aimed at preserving the continuity of the main trial are to be commended.

The paper presents some general theoretical settings about the principle of immediacy in criminal proceedings. It should serve as a theoretical platform for developing further research in this area. The author gives a definition of the principle of immediacy and sees his place in the classification of procedural principles, linking it to the judicial function. The principle of immediacy is one of the implicit procedural principles, which also have international legal roots in Art. 6 of the European Convention for the Protection of Human Rights and fundamental freedoms. The paper emphasizes and analyzes the following important features of the principle of immediacy: instrumentality, complexity, relativity (susceptibility to gradation) and connection with other procedural principles.

S. Brkić, Amira Velić

A country’s trade pattern reflects its supply (export) and demand (import) specialization indicating national performance and competitiveness in the foreign as well as in the domestic market. By applying two different concepts of trade specialization (one based on traditional trade theories of comparative advantages and the other based on modern trade theories), complemented with analysis of export-import flows and relations, the paper aims to identify characteristics of the position of Bosnia and Herzegovina (BiH) in its bilateral trade. The paper investigates trends, patterns and variations in trade of BiH with Turkey during the eleven-year time frame (2009-2019), with a special regard to identifying industries with revealed comparative advantages and industries with dominancy of IIT. The analysis employs different indicators such as indices of export composition, sectoral diversification/concentration, IIT intensity and structure, quality of exports and imports based on relative unit values and classification of industries by technological intensity. The research results indicated an unfavourable position of BiH in trade with Turkey, with no prominent changes in the observed period. Trade deficit is constantly present, with low export-import coverage and a declining export trend. The analysis revealed a higher level of export product concentration primarily on low value added products, and comparative advantages of BiH in fewer industries, mainly resource-based or medium-technologically intensive. Trade with Turkey is extremely inter-industry trade, viewed both at aggregate and industrial level, also pointing to BiH's low competitiveness in analyzed trade relations.

S. Brkić, Radovan Kastratović, Mirela Abidovic-Salkica

The paper aims to identify patterns and country-specific determinants of intra-industry trade (IIT) in agri-food products between Bosnia and Herzegovina (BiH) and other CEFTA 2006 parties in the period 2008-2018. The purpose of the paper is to contribute to filling the gap in the empirical literature on IIT of the South East European countries, especially in regard to non-manufacturing sectors. To investigate IIT intensity and structure the analysis employed Grubel- Lloyd indices and GHM methodology based on relative unit values. In order to examine the impact of various determinants on IIT in agri-food products, a random-effects Heckman selection model was estimated, following a sector-level approach in the analysis. The analysis indicates a lower level of IIT than expected and a strong dominance of its vertical type in all BiH bilateral relations within CEFTA 2006. The empirical results also suggest that the major determinants positively affecting IIT in agri-food products include the size of the trading economies, the similarity in their ethnic structure, membership in the common regional trade agreement, and common borders. By contrast, the results indicate that IIT is negatively affected by differences between the trading economies in terms of productivity and gross domestic product per capita.

The paper highlights some of the deterioration of the defendant, s position in the 2011 Code of criminal procedure of Serbia. On the other hand, it points to some relatively new institutions that go behind the traditional role of the defendant, which is reflected in the opposition to the charges. These are three types of defendant, s agreement with the public prosecution. The first form is a diversionary model, which is applied in the pre-trial procedure. The second is the plea agreement. Both forms were introduced before the confluence to relieve criminal justice, but the defendant himself benefits. The third form is the conclusion of an agreement between the defendant and the sentenced person on testimony in other to successfully detect, prove or prevent the criminal acts referred to in article 162, paragraph 1, item 1 of the Code of criminal procedure.

This paper is the result of a mini empirical research on the duration of judicial and public prosecutorial investigations before the High Court in Novi Sad. A total of 100 cases were analyzed, of which 50 cases from 2008 and 50 cases from 2015 and 2016. The first 50 cases were conducted during the validity of the Criminal Procedure code from 2001, while the other 50 cases were conducted during the validity of the Criminal Procedure Code from 2011. In order for the result to be as comparable as possible, we tried to have the same structure of criminal acts represented in both groupes. The author came to the conclusion that a prosecutorial investigation is not faster than a judicial investigation. The search for the suspect, the search for the injured party, the impediment of the lawer, the strike of the lawers, the preoccupation of the public prosecutor, etc. contributed to the somewhat longer duration of the public prosecutorial investigation.

Abstract The paper is aimed at identifying characteristics of trade relations of Bosnia and Herzegovina (BiH) with the Republic of Slovenia (Slovenia) in order to contribute to determining the position of BiH in its bilateral trade. The foreign trade analysis has been performed in the context of the changing trade regime between the two countries, thereby including both institutional and functional aspects of bilateral trade relations development. Different trade indicators have been calculated and interpreted for the period of 2003-2017 and/or for selected years which were identified by a change in the institutional regulations of mutual trade flows. The research results indicate increasing trade intensity between the two countries, with almost balanced export and import flows and with prevailing inter-industry trade. The trade performance of BiH has significantly improved, with increasing intra-industry specialization and trade. However, the export structure and comparative advantage pattern are not favourable toward BiH, which points to the need for improving the country’s position in its trade with Slovenia.

S. Brkić, Refika Sušić

Rad se bavi analizom karakteristika trgovine Bosne i Hercegovine (BiH) u okviru regionalne ekonomske integracije formirane Centralnoevropskim sporazumom o slobodnoj trgovini (CEFTA), u periodu od njenog nastanka 2007. godine do 2018. godine. Analiza je obuhvatila razlicite aspekte trgovine sa CEFTA u celini i clanicama CEFTA pojedinacno, sa fokusom na izvoz i komparativne prednosti BiH u cilju sagledavanja trgovinske pozicije zemlje unutar integracije. Rezultati su ukazali na određene pozitivne pomake za BiH u smislu povecanja izvoza, te pokrivenosti uvoza izvozom, uz neznatno visi stepen robne diverzifikacije izvoza. Međutim, u trgovini sa najznacajnijim partnerima su trgovinski bilans, a posebno izvozna struktura, jos uvek nepovoljni po BiH. Komparativne prednosti BiH otkrivene su tek u manjem broju industrija, uglavnom resursno- i kapitalno-intenzivnih, uz evidentno smanjenje tog broja u trgovini sa glavnim partnerima. Izvesne promene u geografskoj orijentaciji i robnoj strukturi trgovine BiH unutar CEFTA uocene su uglavnom u momentu istupanja Hrvatske iz integracije.

I. Petrović, Predrag Bjelić, S. Brkić

The aim of this paper is the analysis of the importance of the beverages sector and concrete trade facilitation measures for CEFTA 2006 economies, in general and for their intra-regional trade, in particular. The paper analyses both trade in beverages of CEFTA 2006 economies and heterogeneous group of barriers that exporters and importers are faced with at the CEFTA 2006 beverages market. Additionally, the paper points to possible solutions for elimination of those barriers through the implementation of selected trade facilitation measures. As the most of problems are related to the trade facilitation and marked as problems that could be easily removed, the most recommendations are based on the WTO Trade Facilitation Agreement measures.

Abstract: The paper focuses primarily on intra-industry trade (IIT) which is researched in the context of country-specific characteristics. A three-decade-long academic research of IIT phenomena suggests that IIT is likely to be more intensive and mostly of horizontal type between countries that are at a similar stage of economic development, with the same level of trade openness and with intensive and significantly liberalized mutual trade. Geographical proximity of countries, especially their common border, as well as their similarities in some non-economic characteristics such as history, culture, language, also contribute to IIT intensity. Bosnia and Herzegovina (BH) and Croatia match most of these criteria for intensive and increasing IIT. The aim of the research is to check aforementioned thesis on IIT on a case study of BH in its trade with Croatia over the period from 2003 till 2016. Research is focused on IIT characteristics – intensity, trend and structure, both at aggregate level (based on calculating corrected and uncorrected Grubel-Lloyd indices) and at division level of Standard International Trade Classification – SITC (based on calculating standard Grubel-Lloyd index and relative unit values of export and import). The research findings indicate a continuously rising, although lower than expected, intensity of IIT, taking into account similarities between given countries in comparison with other important trading partners of BH and taking into account a high level of data aggregation. In BH trade with Croatia inter-industry trade still prevails while high intensive IIT appears in a very low number of product groups, coupled with the dominance of vertical IIT. However,at the same time a growing trend and a significant increase of IIT intensity in trade with Croatia have been identified.

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