INNOVATIONS IN THE CRIMINAL LEGISLATION OF REPUBLIC OF SERBIA - THE CRIME OF ”ABUSE OF POWER” AND THE CRIME OF ”ABUSE OF POSITION OF THE PERSON RESPONSIBLE“

In the introductory part of the paper there are discussed the most basic characteristics of both public and private sectors, with an emphasis put on the importance of their mutual influencing. Then, we continue our exposure with a display and analysis of the criminal act “abuse of power“, the incrimination sanctioning only the conduct of the official person (no longer of the person responsible, as it was the case up to the changes and supplements of our Criminal law from 24th December 2012). However, this incrimination is still controversial, because it is not precisely defined, and thus it covers a very wide range of behaviours, which represents the violation of the principle of legality and leads to arbitrariness jeopardizing the principle of the rule of law. Furthermore, the paper deals with an entirely new criminal provisions called “abuse of position of the person responsible“ (the Act 234 of the Criminal law of Republic of Serbia). After presenting incriminations themselves, the exposure ends by considering the reasons for introducing the above incriminations in the criminal system of Republic of Serbia and their importance in our criminal justice system