THE JUDICIAL SYSTEM IN FEDERAL STATES

Сажетак

The authors deal with the judicial system and judicial functions from the aspect of the complex state. Their approach is based on the fact that the federation is basically the constitutional and legal state and consequently the court system must be in that function. The complexity of the federal judicial system stems from the fact that there are two legal systems in the federation. The first is the order of the federation, and the second one is the order of the federal units. The authors point out that the fact that the federation is a type of a state with the divided jurisdiction has an influence on the judicial system too. It is reflected to courts and the judicial system which generally becomes prominent at the issues of functioning and organizing the court system. Also, the authors pay a particular attention to questions of organizational solutions in federations based on three essential elements: first, where there is only the Supreme Court as the only court, and the rest are the courts of federal units; second, where there are other federal courts besides the Supreme Court with, at the same time, the existence of the courts in the federal units and the third, where there is only a federal court, and federal units do not have their own courts.