Goran Milošević
BOSNIA AND HERZEGOVINA: (IMPRACTICAL) POLICY AND (IL)LOGICAL LAW
There are numerous issues of the constitutional system of Bosnia and Herzegovina which are controversial. They are often conditioned by the author’s ideological and political views, but also by different theoretical approaches to the analyzed problems. These are fundamental questions of every constitutional system, on the solution of which more important things than academic discussions depend like the functioning of the state and the realization of fundamental constitutional principles.
The author of this paper has used the opportunity to present his views on a number of fundamental issues in one place, to explain them once again, to compare his views with the views of other authors and to point out the structural flaws in the Constitution itself, which allow opposing views.
The author deals with issues such as: minimal and fundamental consensus necessary for the functioning of the constitutional system; the nature of the mandate of the members of the Presidency; the relationship between consociation and liberal democracy in the constitutional system; the problem of legal (dis)continuity of entities.
PRINCIPLES OF ECONOMIC SECURITY
Economic security as a subsystem of national security contains economic, financial, social, political, security and other elements of protection of the interests of individuals and the community. Studying the goals of protection, economic security can be defined as part of the function of the national security system which represents the protection of the economic interest of the national economy from all types, forms and bearers of threats, ie it represents the system of economic security protection of the country. Theory and practice indicate the necessity and need to apply certain principles of economic security, which have the task of setting certain requirements before the state union, ie the security system, regarding the execution of security goals. Depending on the extent to which the authorities adhere to these principles, conclusions are drawn as to whether the system of economic security is feasible or not. Starting from the subject goal, we are of the opinion that the principles of economic security should still be based on similarity within the following groups: legal principles; economic principles; socio-political principles and security principles. Within the group of legal principles, we can single out: the principle of legality, the principle of protection of citizens' rights and protection of public interest, the principle of respect for freedom, human and civil rights, the principle of truth and the principle of evaluation of evidence. The group of socio-political principles includes: the principle of generality; the principle of conducting the proceedings in a language understandable to the party; the principle of expertise and professionalism and the principle of publicity. The group of security principles includes: the principle of indivisibility of security of the state and citizens; the principle of the application of coercive measures in accordance with the law; the principle of functional and organizational unity; the principle of hierarchy and subordination; the principle of professional secrecy and the principle of proportionality; the principle of effectiveness and efficiency of the security system, the principle of flexibility; and the principle of timeliness. The group of economic principles includes: the principle of continuity of business; the principle of minimizing administrative costs; principle of efficiency; principle of fact; the principle of acting in good faith.
