ČINOVNIČKO PITANJE U KNEŽEVINI SRBIJI

Abstract

The subject of the paper's analysis is the legal position of officials in the Principality of Serbia. The position of officials in the time of Prince Milos is analyzed in the first place. During Miloš's reign, the official did not exist as a state body, but as a prince's servant, which forced the opposition to initiate a solution to the clerical issue. Because it was considered that "officials are one of the main pillars of state survival and progress". On the basis of Hatsherif, since 1838, officials have been transformed from duke's servants to state servants. At the time of the constitutional defenders, the clerical issue was legally regulated by decrees, on the basis of which the position of clerks was favorable, so there was a rush to clerical service. But, with the return of Prince Miloš, the clerical "fair" repeats itself again, which lasted until Prince Mihailo came to power. In that sense, during the time of Prince Mihailo, the position of clerks was defined by the Laws of 1861 and 1864. However, despite the significant improvement in the position of officials, even in the time of Prince Mihailo, officials were largely dependent on the government, as well as in the time of Prince Miloš. All in all, taking into account that officials are a mirror of the state, it is expedient to look at the legal foundations of the clerical position, but also their position in practice.