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Legal Terms

Legal Terms

 

Administrative prohibition – a prohibition placed on the debtor’s salary based on his consent. Such a prohibition is equivalent in its effect to an enforcement order.

 

Affect – an emotional state of strong irritation or fear that is characterized by a short-term inability to reason, or a state of narrowed consciousness in the perpetrator of a crime, of special importance for determining the guilt of the perpetrator.

 

Lawyer – a person who is professionally engaged in advocacy as an activity whose main function is to provide professional legal assistance in accordance with the Law on Advocacy.

 

Advocacy – among other things, includes: Providing legal advice, drafting various submissions (requests, lawsuits, petitions, petitions, appeals, etc.), drafting various documents (contracts, wills, etc.), representing parties in all litigation, administrative and other proceedings before all regular and other courts, other state bodies, arbitrations and legal entities; Defense and representation of the accused in criminal, misdemeanor and other proceedings in which the responsibility of natural and legal persons is decided; and Providing other forms of legal assistance to natural and legal persons in order to protect their rights and interests. Advocacy, as a professional activity, is performed by lawyers as individuals. Lawyers for the purpose of practicing the profession together may form a joint law office and a law firm.

 

Lawyer’s secret – a lawyer is obliged to keep as a lawyer’s secret everything that the party has entrusted to him, unless the lawyer is released from this obligation on the basis of explicit or tacit consent of the party, which includes, inter alia, cases when the party initiated disciplinary proceedings against the lawyer , when it is necessary for the defense of the lawyer in the criminal proceedings initiated against him, when the lawyer suspects that a more serious criminal offense is imminent and when the lawyer initiates litigation to cover the costs and expenses owed to him by the party. Other persons who work or have worked in a law office, a joint law office or a law firm are also obliged to keep the lawyer’s secret.

 

Acquisition – a term used in US competition law to denote the acquisition of a majority share in the share capital or a majority voting right in one company by another company. It is usually associated with the term merger, which refers to the integration (merger, acquisition) of companies, and is used as a unique challenge to mergers & acquisitions (M&A). In European law, the term – concentration of companies is used. Unlike the term merger, acquisition does not necessarily mean merger, if the merger of companies, but both companies can continue to act as independent legal and economic entities.

 

Excise duties – excise duties, indirect taxes (not collected directly from individuals, but through producers, sellers and other intermediaries) on domestic goods and services.

 

JOINT STOCK COMPANY (FBiH: DD RS: AD) – a business entity whose share capital is divided into shares (shares) of a certain nominal value.

Acceptance of a bill of exchange – a term which in the case of a drawn bill of exchange denotes the acceptance of a bill of exchange obligation by the drawee whom the drawer invited to accept the bill of exchange when issuing the bill of exchange – by indicating his personal data and indicating the drawee’s property. By accepting the bill of exchange, the drawee becomes the acceptor and at the same time the main debtor of the bill of exchange. Acceptance of a bill of exchange is done by signing the bill of exchange primarily on its face with an indication of acceptance, if. taking on a bill of exchange obligation, which is manifested by the word “accept”, “accept” or the like. Acceptance must be unconditional, but may be partial, i.e. limited to a portion of the bill of exchange. In case of refusal of acceptance, the bill of exchange representative may raise a protest due to non-acceptance.

 

Advance payment – a sum of money that, when concluding a contract or during its fulfillment, one contracting party gives to the account of its contractual obligation to the other party, in order to facilitate the fulfillment of the obligation of that other party. The advance payment is usually given in cash and becomes the property of the recipient, provided that after the fulfillment of the contract it is included in the fulfillment of the donor’s obligation.

 

Amnesty – release from criminal prosecution or full or partial release from serving a sentence, replacement of the sentence with a milder sentence, deletion of the sentence or revocation of the legal consequences of the sentence for an indefinite number of persons based on an act of the legislature.

 

Alternative obligation – is an obligation in which the debtor owes two or more acts, but as soon as he fulfills one of them, he is released from the obligation. An alternative obligation is based, as a rule, on a contract, but may also arise by a unilateral act or even on the basis of law. The choice is considered made when the party to which the right to choose belongs informs the other party about what it has chosen and from that moment the choice can no longer be changed without the consent of the other party. The right of choice also ceases when the debtor has begun to perform any of the several acts.

 

Amendment – Repair, addition to a law, proposal for its as amended.

 

Depreciation – a gradual decrease in the value of the company’s assets, and is calculated annually in accordance with the procedure provided by law. As the amount of depreciation is deducted from the tax base each year, the method of depreciation affects the decision on how to finance the purchase of equipment.

 

Absolute obsolescence – the impossibility of initiating or continuing criminal proceedings, ie the execution of a criminal sanction due to the expiration of twice as long as the one provided by law for the occurrence of Obsolescence.

 

Auction – the process of forming a price during which potential buyers compete with the price they are willing to offer for the requested item. The buyer who offers the most wins, and he has the right to buy the desired quantity at the offered price.

 

Author’s work – an original intellectual creation created by a certain person. It consists of an idea that is concretized in a certain form in the field of literature, science, art and other areas of creativity. Written works, speech works, dramatic and dramatic-musical works, musical works, works from the field of painting, sculpture, architecture, photographic works, etc. are considered author’s works.

 

Copyright – is a set of legal norms that govern relations related to the creation of literary, scientific and artistic works of all kinds. Copyright includes the author’s property and moral rights. Property rights consist in the exploitation of a copyright work, such as publishing, reproduction, reproduction, display, performance, etc. For each exploitation, as a rule, the author is entitled to compensation for his life and a certain time after death to his relatives.

 

Administrative price – prices determined by the entrepreneur in such a way that they do not change depending on short-term fluctuations in the conditions of supply and demand in the market.

 

Adhesion contract – is such a contract in which the bidder binds the conclusion of the contract with the acceptance of all conditions contained in the form that proposes and does not agree to any change. The offered person can accept or reject the conditions in full. The bidder does not participate in the creation of the contract, there are no elements of negotiation, so the autonomy of the parties is reduced to accepting or rejecting the bid in full.

 

Competition protection agencies – are special sui generis state administration bodies, with an extremely high degree of independence of action and decision-making, responsible for the implementation of competition law and policy.

 

Advance – a sum of money that, when concluding a contract or during its fulfillment, a contracting party gives to the account for the fulfillment of an obligation (solution), even before the claim is due. Therefore, the advance is not the final fulfillment of the contractual obligation of the advance payer, nor partial or unconditional payment of the agreed price or other type of fee, because it is given upon fulfillment of the agreed action of the recipient of the advance, all under the general condition that the contract is duly fulfilled.

 

Arbitration or selected trial – is the right way of resolving disputes, in which disputes are resolved out of court, and the parties present their subject matter to one or more persons (arbitrator, arbitrators, arbitral tribunal). The arbitrator, if the arbitral tribunal as a non-state court derives its authority to resolve the dispute from the agreement of the parties.

 

Antitrust – a term that combines the areas of competition law (competition law) and competition policy (competition policy).

 

Banking agreements – are such bilaterally binding legal transactions that banks conclude with their clients and other entities, regulating their mutual rights and obligations, and they are regulated mainly by the rules of obligatory law and dispositive norms. The features of bank contracts are as follows: the subject of their business is the circulation of money and securities and the provision of services related to that subject; at least one party is always a bank; bank contracts are generally formal; a large part of the contract is concluded using forms prepared by the bank, and clients do business with banks on the basis of their general and special conditions.

 

Significantly reduced sanity – a state of reduced ability to reason and decide, if reduced ability of the perpetrator to understand the significance of his crime and to manage his actions, of special importance because it is an optional basis for mitigating the punishment of the perpetrator

 

Bilateral agreements – international agreements concluded between two parties. As a rule, the contracting parties are states, not international organizations, because international organizations, although they form one contracting party, represent interests and can create obligations for several states of their members.

 

Blank criminal offenses – criminal offenses in which the legal description does not contain all the elements, but the criminal norm needs to be supplemented with the norm contained in another regulation. Blank dispositions can refer to an act of higher legal force, such as: the Convention on the Non-Obsolescence of War Crimes and Crimes against Humanity, the Geneva Convention, etc., to an act of the same legal force, eg: ZOBS, or to an act of lower legal force, such as e.g. Ordinance on unlawful termination of pregnancy.

 

Brand – name which is commonly used for reputable and consumer-recognizable products with a well-known trademark / service mark. Thus, the name brand has become established as a technical term for reputable products recognizable to consumers. It gives the consumer a certain guarantee of the stable properties of the product which attracted him to that product, which he accepted and for which he became attached to that product.

 

Defense counsel – a lawyer who represents the suspect or accused in criminal proceedings in the function of professional assistance in providing defense.

 

Marital disputes – are disputes that arise in marital relations or on the occasion of marital relations (divorce, annulment of marriage, to determine the existence and non-existence of marriage), due to the nature of these disputes, the public is always excluded.

 

Customs – tax on imports, and less often on exports of goods; the amount of money that the state charges from the owner of the goods when it crosses the border. They are usually ad valorem, ie. as a percentage of the value of the goods, but can also be specific (in a certain amount per unit of weight or volume) and combined. In administrative terms, customs are the entire administration that enforces regulations in the customs area. A customs office is also an office where goods are cleared through customs and collected by customs (customs office).

 

Central Bank – the basic financial institution of the monetary system; a bank that in modern market economies has a legal monopoly on the issuance of legal tender, or reserve money (often called reserve money), as well as the right of commercial banks to hold certain reserves with it.

 

Assignment – assignment, assignment of a claim, transfer of an alienable claim from the previous creditor (assignor) to a new creditor (assignee), and the debtor (cessus) and the claim remain the same. The possible legal basis for cession is a contract, law and court decision. Each assignment is an accessory legal transaction preceded by a main transaction, so the reasons for assignment can be very different, e.g. debt payment, purchase, gift, assignment in the name of pledge, etc.

 

Black Stock Exchange – parallel, but illegal commodity and currency markets in which illegal trade takes place at prices that differ significantly from those in the legal market. The activities of the black market include the smuggling of goods, currencies and securities and the sale for the purpose of speculation by circumventing legal regulations and the placement of products whose free sale is permanently prohibited (eg drugs).

 

Factual situation – a set of facts established by the body conducting the procedure in order to resolve a specific legal matter; the meaning of each procedure is to determine the factual situation as a reflection of a life situation to which a legal norm can be applied which, on the other hand, anticipates that life situation with the aim that this norm is always applied when such a life situation is realized.

 

Tort – in criminal law, a term for illegal behavior (criminal offenses, misdemeanors, economic offenses), in civil law, a term that implies any action harmful to someone else’s property or non-property goods, creating an obligation for the pest to compensate the injured party.

 

Share – a security that represents the right of ownership in a joint stock company. The owner of the share, ie. the shareholder is entitled to a percentage of everything that the joint stock company owns, including the right to the profit of the joint stock company. Joint stock companies usually pay a dividend to their shareholders from the company’s net profit, and very often the amount of the dividend increases with the growth of the company’s profit.

 

Direct intent – a form of attitude of the perpetrator of a criminal offense towards the act itself, exists when the perpetrator knew what consequences the act would produce and when he wanted such consequences.

 

Partial judgment – a judgment of a civil court that may be rendered when, as a result of a confession or on the basis of a hearing, some of several claims or a part of a claim are eligible for final decision.

 

Evidence – a fact on the basis of which the body conducting the procedure (criminal, litigation, administrative …) determines the existence or non-existence of a fact on whose existence or non-existence the decision in a specific legal matter depends.

 

Evidence – sources of knowledge of the body conducting the procedure on the existence or non-existence of legally relevant facts.

 

Evidentiary procedure – a phase of the procedure in which the acting body, on the basis of evidentiary means, determines the existence or non-existence of legally relevant facts.

 

Maturity – the moment from which the creditor is authorized to demand the fulfillment of the potand, if the obligation is monetary, the moment from which he is authorized to demand its payment.

 

The day when a loan, loan installment, loan security or any other obligation matures and needs to be repaid.

 

Delivery – a legally regulated procedure for the purpose of handing over a letter to a certain addressee (party, other participant in the procedure, a body) is undertaken by a court or another body in order to acquaint that addressee with its content. As a rule, a special document (delivery note) is drawn up on the performed delivery.

 

Gross Ddomestic Product (GDP) – a measure of the total value of production of goods and services of the national economy in a given period, usually in one year. It is determined by valuing products and services at market prices, and their aggregation. The gross domestic product, as the broadest system of calculating the value of total production, contains the social product and the national income. The social product is the value of total social production that is cleared of intermediate products and includes only the value of those types of goods that come on the market as means of consumption (consumer goods) and investment funds (capital goods). National income or net (net) social product is the value we consider to be newly created value. Newly created value is the result of the work of one company (state) in material production in a certain period (usually in one year).

 

Limited Liability Company (LLC) – a company that has the status of a legal entity and in which each member (natural or legal person) participates with its basic role in the share capital, provided that the company is liable to third parties up to the basic contribution. obligations of the company.

 

Mental disorder – the basis for the exclusion of guilt, the state of improper conduct of mental processes that cause a disorder of perception, reasoning, opinion, so such a person is not able to reason and decide correctly.

 

Expropriation – forcible deprivation of property rights to real estate due to the existence of public interest, with the payment of fair monetary compensation.

 

Extradition – an act of providing international legal assistance consisting of the issuance of a perpetrator of a criminal offense by one state to another state for the purpose of a trial for a committed criminal offense or for the purpose of serving a prison sentence.

 

Electronic banking – represents the use of banking services and the performance of banking transactions performed by the party, account holder and bank customer, through personal computers or terminals from locations from which access to the telecommunications network for data transmission is possible.

 

Embargo – a type of trade restriction, if a form of trade quota prohibiting in whole or in part the exchange of certain goods with a particular country. The import embargo introduces a ban on the entry of a certain product into the country, with the aim of balancing the balance of payments with foreign countries and / or with the aim of protecting domestic production. Most often, the import embargo is applied to luxury products or to certain agricultural products. The export embargo during the war prohibits exports to enemy and allied countries.

 

Issuer – issuer, company or other authorized person for the issuance of securities (checks, shares, etc.) and other identification papers (eg credit cards), which when issued, assumes obligations from the paper, depending on its purpose, type and special agreements.

 

Condominium – the right of ownership of an apartment or business premises, as a separate part of a building with several apartments and / or business premises, and is associated with certain rights and obligations in relation to common parts of the building and land on which the building was built. On the common parts of the building (foundations, main walls, attic, roof, basement, etc.), as well as the land, the apartment owners have the right to use, but are also obliged to pay the maintenance costs of these parts and the land.

 

Eventual intent – a form of attitude of the perpetrator of a criminal offense towards the act itself, exists when the perpetrator was aware of the possibility of a consequence that he does not want, but agrees to its occurrence, ie agrees with its occurrence.

 

Invoice – a document issued by a lecturer or supplier of goods or service provider to the recipient of goods or services, specifying in it the quantitatively and qualitatively delivered or delivered goods or services, costs, taxes, methods of payment, etc. The invoice is considered to be an authentic document on the basis of which a payment order can be issued, ie an enforcement procedure can be determined and carried out.

 

Federation (federal state) – a community of several units, established on a constitutional basis, which are called states, republics, provinces, countries, provinces, cantons (federal units). The federation is a form of state organization with a high degree of decentralization and autonomy of federal units, while the original sovereignty belongs to the common state, if individual federal units do not have the right to self-determination. The federation is an alliance to the state; therefore, the epithet of statehood does not belong to individual units, but to the whole. The federal state (federation) is as such a subject of international law. It acts in international relations for the totality of the federal units gathered in it.

 

Branch – a company whose capital in the nominal value of more than 50% belongs, if. it is owned, by another company or group of companies. This other company, is group, is the parent company that participates in the management and control of the branch’s operations through the control of the election, composition and work of the board of directors and executive bodies.

 

Fiscal year – the accounting period for which government revenues and expenditures are planned and executed. It covers 12 consecutive months, 52 consecutive weeks or 365 consecutive days.

 

Natural person – the name for the life of man as a subject of law. Legal capacity, is. the ability to be the bearer of rights and obligations is not man’s innate, but his social property which the legal order may or may not recognize to every man. The physical person becomes born. The physical person ceases to die.

 

The main hearing – the phase of civil proceedings in which the presentation of evidence determines the facts on the basis of which the court decides on the filed claim.

 

Principal debtor – the person who originally assumes the obligation to the creditor. It can be joined by other persons in different ways (guarantee), but the obligations of other debtors depend on the fulfillment of the obligation of the main debtor.

 

The main trial – the phase of criminal proceedings before the first instance court in which the facts are determined directly, orally and publicly, by presenting evidence, on the basis of which the court decides on the existence of a criminal offense, criminal responsibility of the perpetrator and criminal sanction.

 

Civil law – a branch of law that regulates property relations and other relations that are directly or indirectly related to property relations, branches to real law, contract law, inheritance law, family law, civil procedural law, etc.

 

Greenfield investment – a technical term used to denote direct investment, usually foreign capital. It is an investment of capital that residents of a country make abroad. This can be an investment in setting up your own company (eg a new company), an investment in setting up a joint venture (eg setting up a joint venture) or setting up or opening a branch (branch). It is characteristic of such a form of investment that the investor acquires control and actively performs control, and manages the company in which he has invested. According to that, direct investments differ from the so-called investment portfolio (investment portfolio; rentier investments).

Unlike concentrations of undertakings, in which, to put it simply, the investor acquires control and management over an already existing undertaking, here it is always a question of establishing a new undertaking.

 

Mortgage – a collection security instrument through which a bank in the event of irregular loan repayment can seize the client’s property in order to collect its receivables. In the case of a mortgage, the property is pledged to the bank. The client retains ownership of the property.

 

Mortgage loan – a special type of long-term loan that banks and other specialized financial institutions grant to citizens and companies on the basis of salaries in real estate. Repayment of the loan is secured by the real coverage of the debtor with residential or business premises, land and commercial buildings, warehouses, etc. The lender repays the loan provides the so-called. in tabulation – the legal procedure of registering the security of a claim over the debtor’s real estate. The security of loan repayment is not in the borrower’s creditworthiness but in the value of the property.

 

Indirect tax – indirect, indirect tax on goods and services that is collected indirectly through intermediaries – importers, producers or sellers. The goal of indirect taxes can be revenue collection (sales tax, value added tax, excise duties, customs duties), or protection (some types of customs duties).

 

Inflation – an excessive increase in the money supply, which leads to a decrease in the value of money and a general rise in prices; imbalance in commodity-money relations caused by an increase in the money supply in circulation and the mass of approved loans compared to the size of the available commodity fund expressed in total prices.

 

Witness testimony – evidence on the basis of which the body conducting the procedure, and on the basis of direct sensory observation of a person (witness), learns the facts on whose existence or non-existence the resolution in a specific legal matter (legally relevant facts) depends.

 

Investigation – a phase of preliminary criminal proceedings that begins on the basis of a decision to conduct an investigation against a person suspected of having committed a crime, and based on the request of an authorized prosecutor, the purpose of the investigation is to gather evidence to decide whether to indict.

 

Exception – the institute of criminal procedural law (and other procedural rights) established with the aim of contributing to objectivity in the work and decision-making of the court; its application removes judges and other persons from the procedure (lay judges ici, the president of the court, the state prosecutor and his deputies, recorders, interpreters, experts, experts) when there are reasons that cast doubt on their objectivity (impartiality); the reasons for exclusion are divided into those for which a judge or other person must be compulsorily excluded and the reasons that raise doubts about objectivity.

 

Excerpt from the land register – a document proving who owns a particular property. Access to land registers is public and anyone who submits a proper request can be provided with access to land registers. An excerpt from the land register is a document required when applying for a location permit and a decision on construction conditions. The data in the land books should be identical to the data in the cadaster. ZK excerpt consists of 3 sheets – title deed, title deed and bill of lading.

 

Enforcement document – a legal act on the basis of which enforcement of a claim determined by that act can be requested.

 

Enforcement procedure – a set of rules according to which the court acts for the purpose of enforcing a court decision stating the fulfillment of an obligation, as well as for securing claims, and for enforcing decisions made in administrative or misdemeanor proceedings stating the fulfillment of a monetary obligation, as well as securing a monetary claim. to whom it is decided in administrative or misdemeanor proceedings.

Guarantor – a person who, together with the borrower, jointly guarantees the bank for regular repayment and gives consent that in case of irregular loan repayment, the bank can collect its receivables from him.

 

Guarantee – a contract by which a third party, the guarantor, obliges the creditor to fulfill the debtor’s obligation if the debtor fails to do so. The guarantor’s obligation is ancillary, which means that the guarantor’s obligation exists if there is a valid obligation of the principal debtor. The characteristic of the guarantee is subsidiarity, which means that the creditor can demand fulfillment of the obligation (solution) from the guarantor only when he has failed to settle with the main debtor. It is considered that the creditor has failed to settle after the expiration of the deadline left to the debtor to fulfill the obligation in a written summons sent to him by the creditor.

 

Public document – a document issued or confirmed in the prescribed form by a state or other authorized body, within its powers, such as an excerpt from the registry books, a school certificate, various certificates, an excerpt from the commercial register, etc.

 

Public enterprises – enterprises in a monopoly position that offer essential goods and services, and are subject to public administration that should ensure that they operate in the public interest.

 

Public Attorney’s Office – an independent state body that takes care of the protection of property and other civil law interests of the state or other entities of local self-government.

 

Public Prosecutor’s Office – an independent state body whose most important function is to prosecute perpetrators of criminal offenses; Supervision of prosecutor’s offices in Bosnia and Herzegovina is performed by the High Judicial and Prosecutorial Council of Bosnia and Herzegovina.

 

Jurisdiction – jurisdiction, judicial power.

 

Jurisprudence – legal science, a set of knowledge concerning legal norms in their practical application, case law.

 

Interest – the price of using other people’s money. Interest is the amount of money that a borrower is required to pay on a loan at some point – usually within a year.

 

Down payment – a certain property value, usually a sum of money or some other substitutable thing that one contractual partner gives to another when concluding a contract to confirm that the contract has been concluded and as a sign that the contract will be fulfilled. The down payment is not promised, it is given, and its purpose is to confirm the conclusion of the contract, a means of strengthening the contract, and very often the partial execution of the contract by the party giving the down payment. If the contractual obligations have been duly performed, then the down payment or what is given in the name of the down payment is returned to the contracting party or is included in the fulfillment of the obligation.

 

Cadaster – public records on land that contain data on the position, shape, area, manner of land use.

 

Punishment – a type of criminal sanction by the execution of which criminally responsible perpetrator of a criminal offense is forcibly deprived or restricted of certain freedoms and rights, as well as misdemeanor sanction and sanction in proceedings for economic offenses.

 

Criminal records – records on criminal convictions kept by the Ministry of Interior; data on deleted convictions can be made available only to the prosecutor’s office, court and internal affairs bodies in connection with the criminal proceedings being conducted.

 

Defamation – in the civil law sense, making or passing on the honor and reputation of harmful untrue factual allegations about a person, which may result in an obligation to compensate the slandered person for non-pecuniary damage due to damage to parts and reputation;

in the criminal law sense, a criminal offense whose being is described as exposing or passing on to someone something untrue that may harm his honor and reputation.

 

Interblend clause – is a provision (clause) of the contract that disposes of real estate. With this provision, the disposer, most often the seller, explicitly allows the acquirer, in the right or to the buyer, registration, if registration of acquired rights in the land register. Although the interblend clause will usually allow the registration of property rights in the land register, it may also allow the registration of any other rights in those books, depending on the rights transferred by that contract. For example. the contract on the establishment of a lien on real estate will contain such an interblend clause that will allow the registration of the real encumbrance, namely the mortgage, and not the registration of ownership.

 

Know-how – in the narrower sense, applied technical knowledge, methods and data necessary for the practical realization and application of techniques that serve industrial purposes. These are all knowledge and experience that have not been applied for in order to obtain a patent, and which must sometimes be mastered in order to be able to apply a patented or non-patented invention, new technology, etc .; unprotected knowledge, because sometimes the holder does not want to protect it. An invention may remain unprotected, and be only know-how, when the inventor is unwilling to publish details of it, which would be his duty if he protected it by patent; in a broader sense, it is not limited to the field of technology, but encompasses all the knowledge and experience necessary for modern business, ie. refers to the organization of the company, bookkeeping, informatics, commercial, etc.

 

Limited partnership – a company in which two or more natural or legal persons join for the purpose of permanent activities under a joint venture, of which at least one person is liable for the company’s obligations with all its assets, unlimited and jointly and severally (so-called general partner), while at least one person is liable. only up to the value of his role (the so-called commander). It belongs to the group of companies face.

 

Concession – a contract with the state by which an entrepreneur (concessionaire) obtains approval or acquires the right, with payment of compensation to the state, economic exploitation of natural resources and other goods that are determined by law to be of interest to the state, the right to perform activities of interest to the state and the right to use facilities and installations to perform these activities. An important feature of the concession is the existence of two acts: the concession decision (issued by the state) and the concession agreement (between the state and the right holder).

 

Confederation – is an alliance of states, which unite in a community, with each retaining the right to self-determination, ie. that a confederate unit may decide to secede from the existing community by a completely independent decision, regardless of the will of others. Confederations are rare and more severe instabilities: turning into a federation or disintegration.

 

Corruption – an undesirable social phenomenon that leads to a weakening of citizens ‘trust in the work of the administration as well as a weakening of citizens’ trust in laws and government. The essential determinants of this term are mainly reduced to the undertaking of illicit forms of influence in the performance of state, public, economic and other duties and tasks for the purpose of achieving certain material gains or benefits. Such actions, most often to the detriment of the service and the public interest, jeopardize the functioning of the rule of law, which manifests itself as the equality of all before the law and the foundations of the rule of law. Corruption acts against the legality of actions in all areas of social activity and causes the destruction of trust in the existence of the rule of law and the welfare state. Where corruption operates, there is no confidence in the exercise of the rights and freedoms guaranteed by the constitution and laws. Corruption aims to exercise certain rights or interests for which a certain person or group does not have legal possibilities or to exercise rights and interests for which it has legal possibilities, but in a way that creates a privileged position in relation to the rights and interests of others who have the same legal possibilities for their realization.

 

Ultimate necessity – in the civil law sense, the basis for the exclusion of liability for damages if due to an urgent need another’s property is harmed in order to eliminate the danger of injury to one’s own property; in the criminal law sense, a ground that excludes the existence of a criminal offense exists when the offense is committed in order for the perpetrator to remove from himself or another a simultaneous undisguised danger that could not otherwise be eliminated, if the evil committed is not greater than the threatened threat.

 

Credibility – the creditworthiness of the borrower. Creditworthiness means the ability of the borrower to return the approved funds to the lender within a specified period with the agreed interest. The assessment of the credibility of the borrower is an assumption without which it is not possible to grant a loan to the borrower.

 

Loan – assignment of a certain amount of funds by a financial organization (bank, etc.) as a creditor (creditor, lender) to a debtor (debtor-borrower), with the obligation to return them within the agreed period and pay the corresponding fee – interest.

 

Guilt – Guilt exists if the perpetrator at the time of the crime was sane and acted with intent, guilt for the crime also exists if the perpetrator acted out of negligence, and who is expressly provided by law.

 

Criminal report – oral or written notification to the competent public prosecutor that a criminal offense has been committed for which he is prosecuted ex officio.

 

Criminal offense – a socially dangerous offense prescribed by law and whose characteristics are determined by law.

 

Criminal law – a system of legal regulations that determine criminal offenses, criminal sanctions and conditions for establishing guilt and conditions for punishing perpetrators of criminal offenses.

 

Leasing – a special form of financing based on the idea that the object of leasing is better to use than to buy. Leasing allows the user to get some equipment or property for use for as long as he needs it, instead of buying it. There are two basic types of leasing – financial and operational. In the case of an operating lease, the leased asset remains the property of the lessor (the leasing company) for the entire duration of the lease, but may be sold to third parties upon its expiration. In the case of financial leasing, the subject of the lease becomes the full property of the user with the last repaid lease installment.

 

Liquidation – a term of multiple meaning: in law and economics it means the cessation of the existence of an economic entity. Within our legal regulations valid so far, two liquidation proceedings were distinguished:

 

Regular liquidation procedure – is initiated if any of the following cases occur: failure to meet the prescribed conditions for performing a certain activity, disappearance of natural conditions for the renewal of certain activities (depletion of raw materials), loss-making business for a long period.

 

Compulsory liquidation or bankruptcy proceedings – includes court proceedings over the debtor’s property that is no longer involved in settling its obligations to creditors. Bankruptcy proceedings liquidate the debtor’s assets in order to settle the creditors’ obligations.

 

Liquidity – the property of an asset or its individual parts to be converted into cash sufficient to cover commitments. Therefore, liquidity, along with profitability, is one of the basic principles of business in the commodity-money economy. A company’s liquidity is often defined as its ability to meet its obligations in a timely manner.

 

Macroeconomics – a study or science of national economy, as opposed to the study of entrepreneurship (microeconomics) or the study of certain economic areas or branches (mezzoeconomics). The science of macroeconomics studies global quantities (gross domestic product, its structure and movement, supply and consumption aggregates, prices and their movement, investments, relations and trends in international trade, social finance, etc.), in addition to explaining objective laws in economic phenomena by applying the methods of economic analysis (econometrics), seeks appropriate solutions for practical economics (economic policy).

 

Mediation – Mediation is a procedure in which a third neutral person (MEDIATOR) assists the parties in their efforts to reach a mutually acceptable solution to the dispute. The mediator establishes and facilitates the conversation between the parties, in order for them to achieve this goal. The mediator does not make decisions on how the dispute will be resolved. During the process, each party to the dispute can present its views, explain how the current dispute affects it, and what options would satisfy its interests. The mediator will listen carefully, direct the parties to discuss key issues, identify the common views and interests of the parties, and help the parties base their agreement on them.

Meritorious court decision – in civil proceedings, decision on the subject of the dispute, decision on the merits of the dispute (decision on the merits). In criminal proceedings, the main subject of decision-making (existence of a criminal offense, guilt and deciding on a criminal sanction).

 

Microeconomics – a part of economic science that studies the economic field of entrepreneurship, business, enterprises and all other entities that appear in the market of supply and demand.

 

Bill of exchange – securities ordered by law; a type of obligatory security whose economic function is in the debtor’s provision of security for payment to the creditor with the debtor’s assumption of an abstract monetary obligation to the creditor, the fulfillment of which is due according to the indication on the bill of exchange itself.

 

Security measures – sanctions aimed at eliminating potentially dangerous situations arising from the perpetrator’s personality or from some real circumstances, or at eliminating conditions or conditions that may affect the perpetrator from committing criminal offenses in the future. These measures may include: Prohibition of calling, activity or duty, Prohibition of driving a motor vehicle, Compulsory psychiatric treatment and custody in a medical institution, Compulsory psychiatric treatment at large, Compulsory treatment of alcoholics and drug addicts, Seizure of items, foreigner from the country).

 

Warning measures – sanctions imposed by the criminal court on the responsible perpetrator of a criminal offense in situations when, based on all the circumstances, it assesses that the threat of punishment will achieve the purpose of punishment.

 

Territorial jurisdiction – the right and duty of a court with actual jurisdiction (criminal or civil or a court that decides in proceedings on economic offenses) or another body (misdemeanor) or administrative body to decide in a specific legal matter from its territory.

 

Settlement – a contract by which the parties terminate a dispute or uncertainty in a legal relationship achieved by mutual concession, so that the dispute is terminated or the uncertainty is eliminated. The settlement regulates mutual rights and obligations, provided that it not only means a reduction or increase of the existing obligation (eg interest rates), but it can also assume a new obligation.

 

Insolvency – the inability to pay due liabilities within their maturities. In the case of certain delays in the payment of due liabilities, we speak of temporary insolvency, while permanent insolvency means the complete suspension of payment in the event of impending bankruptcy of the company; sometimes insolvency also means a situation in which the assets of a company are less than its debts. Insolvency is the main financial reason for a company’s bankruptcy. It is associated with illiquidity (there is a strong connection and interdependence between illiquidity and insolvency). However, in the short run, the occurrence of insolvency does not have to lead to insolvency, just as any insolvency does not have to be a consequence of insolvency.

 

Negligence – a form of guilt, easier than intent, involuntary commission of a crime.

 

Notary – A notary is a holder of a public service that he performs professionally, independently, independently, neutrally and exclusively as a profession during the time for which he was appointed. Documents made by a notary have the character of public documents. The appointment of notaries is performed by the Minister of Justice, and the supervision and control of the work of notaries is performed by the state. The notary handles legal affairs, e.g. draws up a contract for the sale of real estate, receives documents, securities and other items for safekeeping. It checks the identity of the participants in the legal transaction, determines the factual situation, advises all participants on the legal consequences, and takes care to make an agreed contract according to the will of the parties.

 

Real estate – things that cannot change their position in space without destroying their essence or changing the current structure. The notion of real estate in law often extends to those things that are movable in nature. Apart from land, real estate is also considered to be everything that is permanently connected to the land, either mechanically or organically.

 

Insolvency – the inability of the smooth flow of important factors of the business process and their conversion from cash to material forms and from material to cash.

 

Non-pecuniary damage – damage caused by violation of personal rights (physical or mental integrity, pain, fear, violation of parts and reputation, damage)

 

Immovable things – things that cannot be moved without damaging their essence.

 

Insanity – the inability of the perpetrator to understand the significance of his act and to manage his actions during the commission of a criminal offense; the insane perpetrator of the criminal offense is not sentenced but given a security measure of compulsory psychiatric treatment or custody in a health institution or compulsory psychiatric treatment at liberty (See: Security measures, Compulsory psychiatric treatment or custody in a health institution, Compulsory psychiatric treatment at large).

 

Fine – a type of property penalty that consists of the obligation of the perpetrator of a criminal offense, misdemeanor or economic offense to pay a certain amount of money in favor of the state, within a certain period.

 

Necessary defense – defense that is necessary in order to repel a simultaneous, unlawful attack from oneself or another person, the basis for excluding the existence of a criminal offense, an offense committed in self-defense is not a criminal offense.

 

Bond – a debt security that obliges the issuer to repay the borrowed funds within a certain period with a certain interest, which is paid periodically or added to the principal and paid at maturity. A bond is a credit instrument and is essentially a loan agreement. In case the issuer is the state, it can also serve as a means of payment to the state for taxes and other duties.

 

Indictment – a written act – a request, submitted under the prescribed conditions (usually legal) and by an authorized prosecutor, which initiates criminal proceedings. An indictment is an act that regularly contains information about the accused and the acts charged against him. The existence of an indictment is considered a key condition for the emergence and survival of criminal proceedings. Withdrawal of the already filed indictment terminates the criminal proceedings, with the possibility of succession of the plaintiff ca (which is differently regulated from country to country) in which case the indictment survives.

 

Insurance – a legal relationship between the insured and the insurer in which, on the principle of joint bearing of a certain risk, the insurer undertakes to compensate the insured, by paying a certain amount of money or recognizing some other right, the damage arising from the occurrence of the insured risk. insurance premium which raises funds for settling the rights arising from the occurrence of the insured risk.

 

Certification – a procedure by which the authenticity of the signature and handwriting of a certain person, the authenticity of a certain document, or the authenticity of the signature of the person who signed the document and the authenticity of the stamp affixed to the document are confirmed before the competent state body. Verification of the transcript is performed on the basis of comparison with the original document. The transcript must agree in all respects with the original document.

 

LAWYER – is a person who provides legal assistance to natural and legal persons in exercising and protecting their rights and legal interests. A lawyer may provide all forms of legal assistance, typical functions are listed: giving legal advice, compiling documents; compile lawsuits, appeals, motions, requests, petitions, and other submissions; representation of the parties in court.

 

Lifting the veil – piercing the corporate veil – Abuse of the company and cheating of creditors have led to the fact that this institute has recently been regulated in our country. The rule is that the company is responsible for the assumed obligations with its property, however, the legal subjectivity of the company will be an impenetrable wall only if the legal personality of the company is not used for purposes that are prohibited by law. If the court finds that the establishment of the company was abused to achieve illegal goals, there will be a breach of legal personality, in which case the real relationship between the company and the founders who used the company for fraudulent purposes will be identified.

In that case, the owner of the company will bear unlimited responsibility for the obligations of the capital company and will not be able to “hide behind his personality”.

Pacta sunt Servando – a fundamental principle of contract law, according to which a contract is concluded by law for the contracting parties, who are obliged to fulfill their obligations in the manner specified in the contract and are responsible for fulfilling those obligations. The contracting parties may not unilaterally change the contractual provisions or withdraw from the performance of the contract.

 

Patent – a document that confirms to the patent holder the exclusive right to economic exploitation of a protected invention in a certain area for a certain period of time. A patent is granted for an invention which is new and inventive and which can be applied industrially. Without the permission of the patent holder, other persons are prohibited from making, offering, selling, using, importing and storing a product made according to the invention, ie it is prohibited to apply the process which is the subject of the invention or offer its application.

 

Perfection of the contract – the moment when the contract was created and the mutual obligations of the contracting parties. From that moment, all deadlines related to the contract (payment, delivery), certain rights of the parties, obligations of the parties in relation to state bodies (approvals, permits, taxes) are calculated, and as a rule the regulations in force at the time of its conclusion are applied, notwithstanding subsequent changes.

 

Movables – things that by their nature can be moved from one place to another without changing their essence, although the legal division of things into movable and immovable does not quite correspond to their natural division (so ships and aircraft are subject to a legal regime appropriate to real estate, and some real estate under certain conditions is considered movable, separation from immovable property).

 

Insurance policy – a document on the insurance contract, a document signed by the insurer, (possibly a facsimile of the signature) contained in the insurance contract.

Possession – de facto authority on a particular side, which gives the possessor certain rights and legal protection in relation to third parties.

 

Claim – a request of a creditor (protected by a mandatory right) that the debtor perform a certain action. A request for a particular giving or doing may also relate to suffering or omission. As they can be transferred from one person to another, receivables become the subject of business transactions (on stock exchanges), means of crediting and insurance, means of payment, etc.

 

Money laundering – means turning the so-called. “dirty” money or other property gains obtained by criminal or other illegal acts in “pure” money, namely that which can be used and used as legal income in banking, trade, buying, selling, investing, entrepreneurial and other businesses or ways of investing. So, that property benefit, most often ultimately money, which according to the existing laws should be confiscated as a result of k. d., is used like any other legally obtained income. This is an attempt not only cover up committed k. d. and the property gain achieved by it, rather than its further use creates competition with those who generate income from their business through non-criminal activities.

 

Legal entity – a social creation to which the legal order has recognized legal capacity. Three assumptions are needed for a social creation to be recognized as a subject in legal relations: 1. A social creation must have a relatively strong and lasting organization, that it must represent organizational unity to the outside world. 2. That the organization has separate assets, separate from the assets of its members. 3. Recognition of legal capacity.

 

Pre-emption right (right of first refusal) – the right of a certain person to be the owner of a certain thing he intends to sell notifications of that sale and to offer to buy that thing on terms offered to other persons, before offering it to other potential buyers. Only if that person refuses to buy the item, ie does not respond to the offer within a reasonable or agreed period, the owner can offer it for sale to other persons.

 

Proposal for execution (enforcement) – a written act of the bailiff initiating enforcement proceedings. The motion for enforcement must contain a request for enforcement stating the enforceable or authentic document on the basis of which enforcement is sought, the claimant and the enforcement agent, the claim whose enforcement is sought and the means by which enforcement is to be carried out and, if necessary, the subject matter should be implemented.

 

Privatization – generally the process of transferring ownership or control over state property and companies, from the state to private investors. Privatization is carried out according to different models. One of the models is the transfer or sale of shares / business stakes of state-owned enterprises to the population, to all or according to certain criteria. The second model is the so-called “Contracting out”. It is a privatization that is carried out in such a way that certain activities of public interest financed by the state or local and regional self-government units are transferred to private entrepreneurs. It is usually a so-called. public or communal services or public services.

 

Rebate – is a deduction from the retail price of goods / services that the manufacturer grants to the reseller to cover operating costs. It is expressed as a percentage of the retail price determined by the reseller.

 

Recession – occasional slowdowns in the economic activity of a country accompanied by simultaneous deterioration of the general economic climate (decline in real income, rising unemployment, low utilization of production capacity …). The recession is less deep and serious than the depression. It is repeated in periods of several years, usually starts in one country and takes a certain number of months, ie annual quarters, to move to others.

 

Restitution – is the return of the received in the name of fulfillment in the restoration of the previous state. In our legislation, the basic duty of the contracting parties in the event of nullity is to restitutio in integrum, so that each of them has to return to the other everything they received under such a contract. The same applies in the case of annulment of the rebuttal contract.

 

Joint and several liability – a type of liability in which each of several pests is liable for the entire damage regardless of its share in causing it. As a general rule, joint and several liability for damage arises when several persons cause certain damage by working together. Their instigators and helpers are in solidarity with the direct perpetrators.

 

Bankruptcy – court proceedings over the debtor’s property that has become insolvent (in some legal systems and over the debtor’s property that is over-indebted). It can be initiated by the creditors of the debtor company or by the debtor company itself. The property of the debtor becomes the bankruptcy estate from which the debts to the bankruptcy creditors are settled. The bodies of the bankruptcy proceedings are the Bankruptcy Council, the Bankruptcy Judge and the Bankruptcy Trustee.

 

Bankruptcy estate – all debtor’s assets at the time of opening bankruptcy proceedings and assets acquired during the bankruptcy proceedings, which serve to cover the costs of bankruptcy proceedings and claims of creditors of the bankruptcy debtor, or claims whose settlement is secured by certain rights to the debtor’s property.

 

The purpose of punishment – to express social condemnation of the crime; to influence the perpetrator not to commit criminal offenses in the future and to encourage his re-education;

to influence others not to commit crimes; and to influence the awareness of citizens about the danger of criminal offenses and the fairness of punishing perpetrators.

 

Bankruptcy trustee – an expert appointed by the Bankruptcy Council on the basis of a decision of an authorized court, who assumes the role of managing the company over which the bankruptcy is carried out. His duties are: to update the bookkeeping records by the day of the opening of the bankruptcy proceedings, to compile an estimate of the costs of the bankruptcy proceedings, and submit it to the Bankruptcy Council for approval, to organize a commission for the inventory of the bankruptcy estate, to complete  liquidation of uncollected receivables of debtors, liquidate things and rights that go into the bankruptcy estate of debtors, compile a draft for the main division and a draft decision for subsequent division. The Bankruptcy Trustee is entitled to reimbursement of necessary expenses and remuneration for the work performed, and is responsible for any damage (except for damage caused with the approval of the Bankruptcy Council or the Bankruptcy Judge) to all participants in the bankruptcy proceedings.

 

Subsidy – a form of financial assistance provided by the state to institutions and businessmen (stimulating production, protection of population standards) for a strictly defined purpose. Depending on the purpose, a large number of subsidies differ: according to permanence (permanent and occasional), according to the type of organization / beneficiary (economic and non-economic organizations), according to the source of funds (budget, various funds), according to purpose (grants, recourses, premiums). prices under social control, export premiums, development premiums, tax relief, exemption of companies from paying taxes, contributions, customs duties, etc.). Subsidies are a kind of economic and social policy instruments.

 

Co-borrower and guarantor – persons who, together with the borrower, jointly guarantee the bank for regular repayment and give consent that in case of irregular loan repayment, the bank can collect their receivables from them. The difference between them is that the co-borrower, in addition to this guarantee, strengthens the creditworthiness of the borrower, so he is needed in the loan only when the borrower is not fully creditworthy, for example when he does not have a high enough salary for the required loan amount.

 

Co-ownership – the right of ownership of a person over a physically (realistically) undivided thing, provided that the share of each of them is determined in proportion to the whole (ideal part). This ideal part is also called an aliquot part and is expressed in fractions or percentages, e.g. someone is a co-owner ¼ or 25% of the house but not a physically divided house, e.g. ground floor, rather than co-owning ¼each part of the house. Co-owners have the right to jointly manage the matter, provided that the consent of the majority is required for regular administration activities (eg repair of items), and the consent of all co-owners is required for extraordinary administration activities (eg sales, renting). When deciding, most people decide by the size of aliquots and not by heads.

 

DAMAGE – occurs in two forms, as material damage or reduction of someone’s property, or preventing the increase of someone’s property, or as non-pecuniary damage, as a consequence of causing physical pain, fear, disability or mental pain due to injury to honor and reputation.

 

THE BURDEN OF EVIDENCE – the obligation of a party in the procedure to prove a fact that is in its favor, regardless of who stated that fact in the procedure.

 

COMMERCIAL COURT – In the first instance, it judges disputes between economic entities or disputes arising from the Law on Enterprises, Copyright and Related Rights and Foreign Investments; in the field of criminal law, this court judges in the first instance in proceedings for economic offenses, keeps a register of legal entities.

 

LAWSUIT DUE TO “SILENCE OF THE ADMINISTRATION” – a type of lawsuit in an administrative dispute filed in situations when the administrative body does not decide on the appeal filed against the first instance administrative act, or when it fails to issue an administrative act in matters where the appeal is not allowed, or when the administrative body does not make any decision at the request of the party.

 

CLAIM IN CIVIL PROCEEDINGS – the initial civil action of the plaintiff initiating civil proceedings, essentially represents a request for the provision of legal protection of a certain content.

 

LAWSUIT IN AN ADMINISTRATIVE DISPUTE – initial action in an administrative dispute by which the plaintiff requests the competent court to examine the legality of the final administrative act.

 

PROSECUTOR – a party in civil proceedings on the basis of whose lawsuit the civil proceedings are initiated; also, the party in the administrative dispute on whose lawsuit the competent court examines the legality of the final administrative act.

 

REDUCTION OF THE SENTENCE – the authority of the court to measure the type and measure of punishment for the perpetrator of a criminal offense below the prescribed, special minimum sentence (up to the legal minimum sentence) and to replace one type of punishment with another, milder type of punishment.

 

INVESTIGATION – evidence on the basis of which the body conducting the procedure (court or administrative body) on the basis of its own sensory perception determines the existence of relevant facts.

 

OFFENSE – a criminal offense against honor and reputation, a statement (oral or written) or conduct that violates the honor and reputation of a person.

 

REPUTATION – a set of intangible values ​​that a person acquires through life and work in a certain social environment, the idea of ​​others about human values ka, external, objective part.

 

CONTRACT – the consent of the will of two or more persons by which the contracting parties commit each other to certain acts.

 

REVOCATION OF A JUDGMENT OR DECISION – a decision of the court competent to decide on a legal remedy by which the challenged decision is put out. force, and returns the case to the lower court for retrial.

 

REGISTRATION – entry in the land books by which land registry rights are finally acquired or lost (right of ownership, right of servitude, right of pledge, etc.).

 

INTERVENTER – a person who has an interest in the success of a party in a civil proceeding, and therefore may enter into litigation on the side of that party.

 

INTENTION – the attitude of the perpetrator towards the criminal offense, which implies that the perpetrator was aware of the possibility of a consequence, and he wanted or agreed to such a consequence.

 

ADMINISTRATIVE BODY – administrative body and other state body, as well as the company and other organization entrusted by law with the exercise of public authority conducting the administrative procedure.

 

ADMINISTRATIVE PROCEDURE – a set of rules that regulate the competence, actions, forms of actions and acts undertaken and adopted by administrative bodies when deciding on the rights and obligations of natural and legal persons who appear as parties in this procedure.

 

ADMINISTRATIVE DISPUTE – a special type of dispute in which the competent court decides on the legality of final administrative acts (See: Finality of an administrative act).

 

ADMINISTRATIVE COURT – a court which, according to the provisions of the Law on the Organization of Courts, whose entry into force has been postponed several times and which has not yet fully entered into force, is exclusively competent to decide on lawsuits in administrative disputes.

 

REFERRAL TO THE DISCIPLINARY CENTER FOR JUVENILES – a type of disciplinary measure applied to juvenile offenders when the court finds that a short-term disciplinary measure in a special institution could affect a juvenile to harmonize his behavior with social and legal norms of the legal order.

 

SENDING TO A CORRECTIONAL HOME – a type of institutional educational measure, is applied to a juvenile perpetrator of a criminal offense according to which it is necessary to apply more permanent, intensified measures of re-education in a correctional facility as an institution used for re-education of severely neglected juveniles.

 

REFERRAL TO AN EDUCATIONAL INSTITUTION – a type of institutional educational measure, is applied to a juvenile perpetrator of a criminal offense according to which it is necessary to apply more permanent, intensified re-education measures in an educational institution as an institution for re-education of slightly neglected minors. a crime, but they have no one to take care of them or they are simply educationally neglected.

 

REFERRAL TO A SPECIAL INSTITUTION – a type of institutional educational measure that is imposed on juvenile perpetrators of criminal offenses who are mentally retarded or disabled (blind, deaf, etc.).

 

ACCOUNTABILITY – the ability of a person to understand the significance of his work and to manage his actions; sanity is a necessary condition for the existence of guilt, ie criminal responsibility for the committed crime.

 

ARRANGEMENT OF MANAGEMENT AND USE OF A COMMON MATTER non-litigious procedure in which the court determines the manner of management and use of a common thing when the co-owners or co-users are not able to resolve these issues amicably.

 

BOUNDARY ARRANGEMENT – a non-litigious procedure in which the court determines the border between neighboring real estates when the border signs are destroyed, damaged or moved, and the neighbors cannot determine the border by agreement.

 

CONDITIONAL SENTENCE IN CRIMINAL LAW – a criminal sanction from the group of warning measures imposed on a criminally responsible perpetrator of a less socially dangerous criminal offense in a situation when it can be expected that the warning with the threat of punishment will sufficiently influence the perpetrator not to commit criminal offenses; with a suspended sentence, the court determines the sentence and at the same time determines that it will not be executed if the convicted person does not commit a new criminal offense during the examination.

 

NON-CIVIL PROCEDURE – a set of legal norms according to which regular courts act and decide on personal, family, property and other legal matters that are resolved by law in non-contentious proceedings.

 

“OFF-TRIAL CHAMBER” – a special panel of the first instance criminal court composed of three professional judges, which decides on a number of important issues.

 

EXTRAORDINARY REMEDY – legal smears used by the parties or authorized state bodies by challenging court decisions or other state bodies against which a regular legal remedy cannot be declared.

 

EXTRAORDINARY LEGAL REMEDY IN ADMINISTRATIVE PROCEDURE -: change and annulment of the decision related to the administrative dispute, annulment and revocation based on official supervision, revocation and change of the final decision with the consent or at the request of the party, extraordinary revocation, annulment of the decision).

 

EXTRAORDINARY REDUCTION OF SENTENCE – extraordinary legal remedy in criminal proceedings, mitigation of a sentence that has not been executed if after the verdict became final circumstances that did not exist when the verdict was pronounced or the court did not know about them even though they existed, which would obviously lead to a milder conviction .

 

OUT-OF-COURT SETTLEMENT – a contract which, outside of court proceedings, by mutual consent of the contractor resolves disputed relations and removes uncertainties regarding rights and obligations.

 

EDUCATIONAL MEASURES – the basic type of sanctions imposed on juvenile offenders, as well as, in certain cases, on younger adults (up to 21 years of age), (See: Reprimand, Referral to a disciplinary center for minors, Increased supervision of parents or guardians, Increased supervision in another family, Increased supervision of guardianship authorities, Referral to an educational institution, Referral to an educational correctional facility, Referral to a special institution).

 

MISDEMEANOR COUNCIL – second instance body in misdemeanor proceedings.

 

VERBAL OFFENSE – a statement of disparagement which insults the honor and reputation of the person to whom the statement refers.

 

CREDIBLE DOCUMENT – a document on the basis of which the execution is determined for the purpose of realizing a monetary claim between legal and natural persons performing economic activity (invoice, bill of exchange, check, interest calculation, excerpt from business books).

 

EXPERTISE – a means of evidence provided for in all applicable procedural laws, knowledge of legally relevant facts through persons, experts, who possess professional knowledge that the court or other acting body does not have (psychiatrists, pathologists, economic experts, etc.).

 

GUILT – psychological attitude of the perpetrator towards the committed act expressed through the consciousness and will of the perpetrator, a necessary condition for the existence of criminal responsibility of the perpetrator and a necessary condition for sentencing the perpetrator (See: Direct intent, Eventual intent, Criminal liability, Negligence, Conscious negligence, Unconscious negligence).

 

NOTE – a type of entry in the land register of facts that may affect the acquisition, restriction or loss of land registry rights (record of disputes, minors, etc.)

 

PROHIBITION OF CALLING, ACTIVITY OR DUTY – a type of security measure which, like all other security measures, is aimed at eliminating potentially dangerous situations arising from the perpetrator’s personality or other real circumstances, or at eliminating conditions or conditions that may affect the perpetrator. in the future he commits criminal offenses (See: Security measures, Mandatory psychiatric treatment and custody in a health institution, Mandatory psychiatric treatment at large, Mandatory treatment of alcoholics and drug addicts, Seizure of objects, Expulsion of an alien from the country).

 

PROHIBITION OF DRIVING A MOTOR VEHICLE – what is stated in the previous point applies.

 

PROHIBITION OF THE DEFENDANT TO LEAVE THE RESIDENCE – a measure to ensure the presence of the defendant in the criminal proceedings.

 

PROHIBITION OF REFORMATIO IN PEIUS – an institute of criminal procedure law which is constituted in favor of the defendant on whose appeal the second instance court decides, forbidding the second instance court to impose a heavier or heavier sanction of the same type on the defendant.

WILL (TESTAMENT) – the legally regulated form of the last statement of will, the prescribed forms are: court will, self-testamentary will, testament before witnesses, oral testament, military testament, ship testament, consular testament, testament before a notary public.

 

DETENTION – the right of the internal affairs body to deprive a person of liberty (up to 48 hours) in pre-criminal proceedings if there is any reason for ordering detention, in misdemeanor law, a measure to ensure the presence of the accused.

 

DETENTION IN A HEALTH ORGANIZATION PERFORMING ACTIVITIES IN THE FIELD OF NEUROPSYCHIATRY – non-litigious procedure in which the court decides on the accommodation of a mentally ill person in an appropriate health organization when due to the nature of the disease it is necessary for that person to be restricted in freedom of movement or communication with the outside world.

 

JOINT OWNERSHIP – the right of ownership of two or more persons (joint owners) on the same thing, but in such a way that their shares are not determined, but are determinable.

 

REPRESENTATIVE – is a person who conducts litigation instead of the party and on its behalf, so that the actions of the court act directly towards the party and not the representative personally, and the actions taken by the representative are significant as if taken by the party itself.

 

LEGAL INHERITANCE – inheritance on the basis of certain facts provided by law (kinship, marital relationship) in cases where follows on the basis of a will.

 

INHERITANCE – property rights that the testator had at the time of death, and are suitable for inheritance.

 

MINUTES – a public document on the actions of the participants in the procedure, the results of the presentation of evidence and important statements of the participants.

 

OBSOLETION – in civil law, loss of the creditor’s right to, due to the expiration of the legally prescribed time, demand from the debtor the obligation to fulfill that obligation in court, in criminal law, loss of the ability of the competent state body to initiate criminal proceedings, conduct criminal proceedings or execute a criminal sanction due to the lapse of time provided by law, the same applies to other criminal proceedings.

 

PRISON – a term of imprisonment which may not be shorter than thirty days, nor longer than fifteen years, except for the most serious offenses and the most serious forms of criminal offenses, when a sentence of imprisonment of forty years may be imposed

 

REQUEST FOR PROTECTION OF LEGALITY – extraordinary legal remedy provided by all applicable procedural laws, declared by the prosecutor to the Supreme Court, at the initiative of the party or independently.

 

REQUEST FOR EXTRAORDINARY REVIEW OF THE FINAL DECISION ON MISDEMEANOR – extraordinary legal remedy in misdemeanor proceedings.

 

REQUEST FOR EXAMINATION OF THE LEGALITY OF A FINAL JUDGMENT – an extraordinary legal remedy in criminal proceedings that can be submitted by a defendant who has been sentenced to unconditional imprisonment or juvenile imprisonment.

 

REQUEST FOR INITIATION OF MISDEMEANOR PROCEDURE – a procedural act by which a misdemeanor procedure is initiated before the competent misdemeanor body.

 

REQUEST FOR INVESTIGATION – criminal procedure act by which the authorized applicant (public prosecutor and injured party as prosecutor) requests that the competent investigating judge during the investigation find and collect evidence in order to decide whether to file an indictment or suspend the proceedings, based on reasonable suspicion.

 

PROTECTIVE MEASURES IN MISDEMEANOR PROCEEDINGS – measures that should enable, given the personal characteristics or inclination of the defendant, not to commit misdemeanors in the future (prohibition of a legal entity to perform a certain activity, prohibition of a responsible person to perform certain activities, confiscation of items, prohibition of independent activities, ban on driving a motor vehicle, removal of a foreigner from the territory of the FRY).

 

Land registers – special public registers (land register) which are kept by municipal courts as land registry courts on the legal status of real estate in the territory of the state, competent for legal transactions. They are based on cadastral survey data. In these books are entered real rights on land, other rights for which it is determined by law and facts important for legal transactions for which it is determined by law. Land registers are kept manually or electronically. Land registers, extracts, ie extracts and transcripts from these books enjoy public faith and have the probative value of public documents. It is considered that the land register (as a rule) truly and completely reflects the factual and legal condition of the land. The land register consists of a general ledger and a collection of documents. The general ledger is kept for all lands of one cadastral municipality. It consists of land registry entries, in which only one land registry body is entered. Land registry entries are made only in the general ledger. The land registry entry consists of three sheets – title deed, title deed and bill of lading. The collection of documents consists of documents on the basis of which the land registry entry is allowed. Book entries are registration, pre-registration and note-taking. Registration is an entry by which book rights are acquired, transferred, limited or terminated without special subsequent justification.

 

LAND REGISTER INSERT – an integral part of the general land register, consists of an inventory list (description of real estate), ownership list (data on the owner of the real estate) and consignment note (data on the actual encumbrances on the real estate).

 

APPEAL – a regular legal remedy against first instance decisions of courts and other state bodies in all proceedings, except enforcement proceedings (See: Objection), essentially represents a request that the first instance verdict or decision be changed or revoked, the appeal, except for rare exceptions, has suspensive effect, that is, it postpones the execution of the challenged decision, as well as the devolutionary effect, ie by filing an appeal, the jurisdiction of another court or decision-making body is established.

 

COMPLAINT DUE TO “SILENCE OF THE ADMINISTRATION” – a special legal remedy that is declared if the administrative body does not make a decision within the legally prescribed period, ie does not decide on the administrative matter.

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