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- Title
AMNESTIJA I POMILOVANJE U ZAKONODAVSTVU I PRAKSI U BOSNI I HERCEGOVINI.
- Authors
Akšamija, Neven; Jahić, Kemal
- Abstract
Although the introductory section of the article is dedicated to the historical evolution of the legal institutes of amnesty and pardon, the main purpose of the research was to determine the characteristics of amnesty and pardon from the period of independence of Bosnia and Herzegovina until today. In terms of amnesty, the goal of the paper is to determine the characteristics of all amnesties granted in our country following its independence, while in terms of the legal institute of pardon, the goal is to determine the evolution of the institute, particularly with regard to abolishments ceasing to exist with the use of pardons, strengthening transparency, and the switch in roles for different government bodies in the process of pardoning, as well as features on different levels of government in BiH. For the most part, this is an original study in which a wide range of materials (particularly laws and decisions on pardons and abolitions) were examined using analytical, dogmatic, normative, axiological, comparative, and legal-historical methodologies. It is concluded that there are no problems with amnesty, and for the first time, an original classification of amnesty has been developed. Concerning the pardon, the conclusion is that certain issues are no longer present, and proposals to reform this legal institute are made. In the end, it was concluded that there had been a shift from criminal to administrative law across the two institutes, yet there are some difficulties that pertain to constitutional law.
- Subjects
BOSNIA &; Herzegovina; LAW reform; ADMINISTRATIVE law; CONSTITUTIONAL law; CRIMINAL law; PARDON
- Publication
Legal Thought / Pravna Misao, 2023, Issue 5/6, p40
- ISSN
0555-0092
- Publication type
Article