Restitution as the Legal Vacuum in the System of Law

Jovan, Krstić

LIMESplus

2

123

139

1820-0869

https://www.ceeol.com/search/article-detail?id=475771

2015-2021/10/18/12:07:49

Summary/Abstract: One of the clear examples of the existence of legal gaps in the legislation of the Republic of Serbia is the problem of restitution of property of Holocaust victims, which is shown as a separate problem that remains unregulated. The academic community of experts deserves serious scientific criticism for tolerating legal gaps in the legal system. Criminological phenomena of hate crime and hate speech which in the past resulted in the adoption of racial laws, civil rights and confiscation of property and physical liquidation – Holocaust –are such unique instances of evil that they exceede the limits of one life span and affect generations to come, unprepared to deal with them due to the unwillingness of our generation to act preventively regulating social relations based on modern principles and standards in order to prevent recurrence of the past. This is considered to be the essential (symbolic) inadequacy of the security systems from the perspective of knowledge management and diplomacy. Wrong attitude of the academic community towards the problem of increasing the capacity within the security system to protect the public interest and towards thereform of the security system can be critically assessed through present profiling of the security community outside of executive power – in the judiciary, in the status of law enforcement agencies, although the nature of their work and the principle of secrecy is incompatible with the principle of transparency in the work of law enforcement agencies. Unfortunately, it is likely that all these problems will be crashing down on the future generations.

constitutionality, legal vacuum, relapse into authoritarian past, self-limitation