Die Autorin analysiert den Entschädigungscharakter bestimmter Arten von Personenversicherungen, die den Zweck haben, den Schaden, den aus dem Versicherungsfall stammt, zu ersetzen. Dieses Merkmal bestimmter Personenversicherungen wird im Gesetz über Schuldverhältnisse der Republika Srpska nicht anerkannt, was die Kumulation des Anspruchs auf die Versicherungssumme und des Schadensersatzanspruchs bei allen Personenversicherungen ermöglicht, auch wenn deren Zweck der Schadensersatz ist. Positive rechtliche und rechtsvergleichende Analysen weisen auf die Notwendigkeit einer Änderung der bestehenden Gesetzgebung im Bereich Versicherungsrechts hin, da die bestehende Lösung nicht mit den Grundprinzipien des Zivilrechts im Einklang steht und zu einer rechtlich ungerechtfertigten Bereicherung führen kann. Abschließend weist die Autorin auf mögliche gesetzgeberische Eingriffsrichtungen hin, die eine Angleichung der rechtlichen Lösungen an die Rechtswirklichkeit gewährleisten würden. Schlüsselwörter: Versicherungsvertrag, Personenversicherung, Kumulation, Summenversicherung, Schadenversicherung.

The paper discusses general issues related to the sale of future things with special reference to the sale of real estate under construction, the acquisition of property rights and the competitive relationship between the principle of trust in land registers and the principle of mortgage extensiveness.

The criminal offence of abuse in connection with public procurement belongs to the newer criminal offences against payment transactions and business operations with elements of corruption. According to positive regulations, the state is obliged to open a tender for its own needs and the needs of companies in its majority ownership for the purpose of procurement of goods, provision of services and implementation of public works above a certain monetary amount, which would guarantee transparency and legality. However, in practice, it has been shown that public procurement is in the zone of high risk of violating the law and good practices. A very complex public procurement procedure and an increasingly pronounced conflict of interest between public office holders and the business community, as well as other important factors, have caused a large number of abuses in this area. Recognizing the dangers of this criminal phenomenon, in December 2023, Montenegro criminalized abuse in connection with public procurement in the group of criminal offences against payment transactions and business operations. The Criminal Code foresees seven forms of this delict. Being of the first form includes the submission of an offer based on false data or an illegal agreement with other bidders or the undertaking of another illegal action by the perpetrator with the intention of influencing the decision of the public procurement authority. The second form includes the execution of all three forms of the criminal offence of abuse of official position by the perpetrator who violates the laws in this area, causing damage to public funds. If the perpetrator adjusts the terms of the public procurement to a certain entity or enters into a contract with a bidder whose offer is in contradiction with the terms of the tender documentation, he commits the third form of this tort. The fourth form includes types of abuse of official position by the perpetrator who gives, takes over or contracts jobs for his activity or the activity of a person in relation to which there is a conflict of interest. A more serious form of this delict exists if it was committed in connection with public procurement whose value exceeds the amount of one hundred thousand euros. A special form is prescribed if the act was committed to the detriment of the financial interests of the EU. The privileged form is prescribed in paragraph 7 of Article 272c and provides for the possibility of exemption from punishment for the perpetrator who voluntarily reveals that the offer is based on false data or on an illegal agreement with other bidders or the perpetrator has taken other actions with the intention of influencing the decision-making of the contracting authority before that the public procurement contract is concluded. The methodology for detecting this criminal offense is based on the investigative and operational practice of the police and the State Prosecutor’s Office in reconnaissance and investigation.

In the modern criminal legislation in general, and also in the positive law of Bosnia and Herzegovina, several different criminal offenses of fraud are prescribed. These criminal offenses are systematized in different groups of offenses according to different protective objects, but with more or less identical acts of execution with the intention/goal of obtaining benefits for oneself or for another person, i.e. with the intention/goal of causing harm to another person. These are: a) voting fraud (or election fraud), b) fraud in business operations (or insurance fraud), c) fraud, d) service fraud, and e) computer fraud. In the system, a set of several different forms of manifestation of criminal offenses of fraud, a criminal offense of computer fraud prescribed by three criminal laws (except the Criminal Code of Bosnia and Herzegovina) has specific character, nature and content. This incrimination is based on relevant international standards contained in the Council of Europe Convention on Cyber (computer) crime (Budapest, 2001). This paper presents the concept, characteristics, elements and content of the criminal offense of computer fraud in accordance with legal solutions with application in Bosnia and Herzegovina.

The institution of forum non conveniens as a base for determining jurisdiction in special situations is a doctrine of the Anglo-Saxon legal system. This doctrine allows the court to assess whether it is better to continue the proceedings or if it is more efficient to leave the jurisdiction for the given case to the court of another country. The court will make the said decision, only if it determines that it is “more appropriate” to conduct the proceedings before another court. This doctrine is not known in the continental legal system. However, given the fact that a legal relationship with a foreign element consists of several facts, the question can be raised as to whether it is more or less “connected” to the judiciary of a domestic or foreign country. The paper defines the concurrent jurisdiction of the courts, which is the basis for the application of the doctrine of forum non conveniens, and this institute is analyzed in relation to lis pendens, as well as the deviation clause. In the work, the authors pays attention to the application of the Brussels Convention on Jurisdiction and the Recognition and Enforcement of Court Decisions in Civil and Commercial Matters, as well as the Brussels and Brussels Ia Regulations, which replaced the aforementioned Convention and abolished the application of forum non conveniens in Great Britain until its exit from the EU. Finally, the authors analyzes the possibility of applying the doctrine of forum non conveniens in the continental legal system, and therefore its place in the legislative system of the Republic of Serbia.

’Нема повреде Кривичног закона коју жалба види у по-грешној примјени одредби о стицају кривичних дјела, односно изрицању јединствене казне затвора, сматрајући да је требало примјенити Кривични закон који је важио 1999. године, односно у вријеме када је почињено дјело са највећом затворском казном (14 година), према коме ако је суд за кривична дјела у стицају утврдио казне затвора, јединствена казна мора бити већа од сваке појединачно утврђене казне, али не смије достићи збир утврђе-них казни нити прећи петнаест година затвора, јер жалба ис-пушта из вида да су кривична дјела извршена у вријеме важења два Кривична закона.

U ovom radu se govori o opštim pravilima koja se primjenjuju u postupku izbora vrste i mjere kazne učiniocu krivičnog djela. S obzirom na izuzetno osjetljivu ulogu suda u odmjeravanju kazne, u radu se više govori o praktičnim aspektima odmjeravanja kazne koji se susreću u svakodnevnoj praksi sudova. Primarni cilj je da se ukaže kako sudovi trebaju da cijene određene olakšavajuće i otežavajuće okolnosti utvrđene u toku krivičnog postupka i od kakvog je to značaja u primjeni krivične represije kao instrumenta za suzbijanje kriminaliteta. Problematika se posmatra u okviru krivičnog zakonodavstva Republike Srpske, a izvor korišćenih podataka su odluke sudova u Republici Srpskoj.

Corporate scandals that have affected the financial sector have significantly impacted the operations of insurance companies and the trust of insurance service consumers in these companies. At the European Union level, this problem has been recognized, leading to the adoption of the Solvency II Directive. This Directive aims to address challenges and issues faced by insurance companies through appropriate management and supervision of their operations. Supervision includes continuous monitoring to ensure that insurance and reinsurance companies are properly conducting their business and complying with supervisory provisions. In this paper, the author attempts to analyze the supervisory provisions established with the adoption of the Solvency II Directive. In the second part of the paper, the author focuses on analyzing the existing supervisory models in the Republic of Serbia and Bosnia and Herzegovina, considering that both countries aspire to EU membership and will need to align their legislation with European provisions in the future. The author pays particular attention to the supervisory body, noting that in the Republic of Serbia, the insurance market is supervised by the National Bank of Serbia as the central bank, whereas in Bosnia and Herzegovina, a separate Agency for the Supervision of the insurance market has been established.

In this paper, the authors focused on the concept, that is, the objective-subjective conception of the criminal offense of possession and enabling the enjoyment of narcotic drugs in the criminal law of Bosnia and Herzegovina, with a special emphasis on the detection and proof of this criminal offense. When considering the definition of the concept and abuse of narcotic drugs, the general social context was taken into account in order to properly understand the criminal law (substantive) and criminal procedural nature of this incrimination. In the criminal law (substantive) context, this criminal offense is specific for the reason that the legislator prescribed the actions of incitement and assistance, which are, by their nature, the actions of complicity, in this case, that is, in the case of this criminal offense - as independent actions. In addition, an analysis of the legal text and a brief comparative review is made. According to the above, the paper points out uneven or different legal solutions in the entity criminal laws and the law of Brčko District of Bosnia and Herzegovina. In the discovery phase, the complexity of gathering the initial information that indicates the existence of grounds for suspicion as a substantive legal condition for initiating and conducting an investigation, was emphasized. With regard to the implementation of certain criminal procedural actions, an update of the collection of necessary evidence, as well as the burden of proving this criminal offense and guilt, has been given.

Until the reform of criminal prosecution laws in Bosnia and Herzegovina from 2003 from the decisions of the Public Prosecutor not to take or drop criminal prosecution, which he was dissatisfied with, the injured party could be protected by taking over the prosecution. The reform accepted the prosecutorial investigation. The concept of the injured party as a subsidiary prosecutor was abandoned and we received a complaint as a new legal remedy against the public prosecutor’s orders not to implement and suspend the investigation. Amendments to the Law on Criminal Proceedings of the Republic of Srpska from 2021, the position of the injured party in criminal proceedings has been significantly changed and improved. The institute of the injured party was restored as a prosecutor, although in a very limited variant. The complaint against the order of non-investigation and suspension of the investigation is regulated in more detail, and some new significantly different solutions have been accepted. Three-fold decision-making was accepted by introducing objections as an intermediate stage and a new legal remedy. An objective deadline for filing a complaint was also prescribed, and the decision-making was transferred to the Chief Prosecutor. The possibility of submitting a complaint has been expanded even when the prosecutor drops the confirmed indictment. The injured party received two new types of complaints that he can file due to the duration of the proceedings. Despite the best intentions of the legislator in regulating the new position of the injured party in criminal proceedings, serious failures were made. Consideration of this issue should contribute to a better understanding of the position of the injured party in the criminal proceedings of the Republic of Srpska and the legal means at his disposal, their more regular application, as well as new legal solutions that will better suit our conditions, practical needs and theoretical settings, which will eliminate the observed omissions.