INTERNACIONALNI UNIVERZITET TRAVNIK U TRAVNIKU
SAOBRAĆAJNI FAKULTET TRAVNIK U TRAVNIKU
EKOLOŠKI FAKULTET TRAVNIK U TRAVNIKU
FAKULTET INFORMACIONIH TEHNOLOGIJA TRAVNIK U TRAVNIKU
FAKULTET POLITEHNIČKIH NAUKA TRAVNIK U TRAVNIKU
u saradnji sa
FAKULTETA ZA LOGISTIKO UNIVERZA V MARIBORU, SLOVENIJA
organizuju
33. MEĐUNARODNU KONFERENCIJU
"IZAZOVI NOVIH TEHNOLOGIJA U FUNKCIJI MOBILNOSTI I ODRŽIVOG RAZVOJA"
15. - 16. maj 2026. godine
International University of Travnik , Travnik , Bosnia and Herzegovina
Opština Vukosavlje
In this paper, the authors analyses a special way correlates the influences that legal and political processes in Bosnia and Herzegovina, as a transition country and the Western Balkans, have on the establishment of the legal state and the rule of law. As an eclectic example of negative determination on the application of the rule of law model, the paper treats the problems of the state and the process of applying the pardon institute in the legal system in Bosnia and Herzegovina. This legal institute, which is essentially an individual act that can grant release from prosecution, completely or partially exempt from the execution of a sentence, substitute a more severe or conditional sentence, indicates political dominance, which results in legal uncertainty and the absence of one of the most important elements of the rule of law, namely the attachment of all forms of public authority to laws. For the rule of law in the domain of the public sector and public functions, there should be no voluntarism and "free will", especially procedures and processes that result in the adoption of an act by the administrative procedure. The paper examines the institution of pardon within its legal framework within the judicial branch of government, through the current model of application of this institution in Bosnia and Herzegovina, which has acquired characteristics of a predominantly political character. Indicators for this are the indicators of the application of the pardon institution, and indicates that the transparency of the pardon process, as well as of all procedures conducted by the public authority and persons with public authority, especially in which a certain person has discretionary powers, is a necessary condition for steps towards democratization of society and the rule of law.
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