Статьи журнала - Pravo - teorija i praksa
Все статьи: 559
Статья научная
Achieving a sustainable development should be one of the top priorities for the whole society. However, achieving a sustainable development is a complex function of different economic, social, institutional, political and historical factors. By implementing the corporate social responsibility, companies contribute to a sustainable development of the entire social system. According to the fact that it is not entirely clear at the micro level what corporate social responsibility involves, and that most of the company-level social activities are voluntarily initiated, it is necessary the institutional bodies encourage socially desirable forms of corporate behavior and implement the legal framework to business obligations to elicit responsible business procedures. Though responsible corporate business is highly desirable, companies have to consider the fact that the corporate interests and corporate social responsibility will always be constrained by the profit-maximizing prerequisites and general economic circumstances.
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Corruption as a negative social phenomenon
Статья научная
This paper analyzes the problem of corruption as a phenomenon, a negative and illegal social phenomenon, which is contrary to the rules of normal functioning of the society. It implies to very serious consequences which can produce a real threat and the possibility of adopting corruption as a negative model of life and activity, that is, the functioning of the society, personified in several corrupt individuals and groups. The state continuously applies anti-corruption mechanisms. However, a phenomenon that is difficult to eradicate is the multitude of individual cases of offering, giving, or soliciting bribes in certain everyday life circumstances. We are worried about the researches indicating that a large number of the state institutions are exposed to corruption, including the officials employed in these institutions using corrupt actions during the performance of their regular work. The basic question that arises is whether a certain number of citizens who do not accept corruption over time become “antisocial” in relation to the individuals representing a part of the society which accepts it as an adopted model, or a way of living and normal functioning being contrary to law and the commitment of the state in the fight against corruption. The aim of the research is how to prevent the adoption of the corruption model as a “value”, by reporting it to the competent authorities in Republic of Serbia, including the fight against corruption through the socalled “Romanian model”, proved to be very effective in fighting corruption.
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Criminal act of causing bankruptcy: Specific characteristics and features
Статья научная
Economy, as the total of production, exchange, distribution and consumption, is a basis for functioning of every society. For this reason, the state is particularly interested in its smooth functioning by providing protection. The criminal law protection is just one aspect of that protection. The criminal offenses against economy are heterogeneous, since the relationships in which economic subjects enter by doing their activities are numerous and diverse. In this sense, their common characteristics cannot be discussed. However, since the totality of these relationships makes the economic system, it represents their common protection object. Due to the content diversity, the crimes of this group can be divided into subgroups, and one of these divisions could refer to general and special crimes against eco nomy. General criminal offenses can be committed in every branch of economy, and the special ones in certain branches. The criminal offense of causing bankruptcy belongs to a group of general criminal offenses against economy. Accordingly, the authors will point out the specific characteristics and basic features of the criminal act of causing bankruptcy.
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Criminal act of violation of equality: Scope and specificity
Статья научная
The basic principles underlying every democratic society are the rule of law, respect for human rights and freedom and equality of all citizens. Discrimination is a direct violation of these principles. Protection against discrimination requires an effective social reaction which involves taking appropriate measures in the first place of a preventive, and then repressive character. In the system of repressive measures, the criminal justice measures occupy a significant place. Their application must enable the sanction not only of violence, due to racial, ethnic, religious or other diversity, but also the incitement to such behavior. This requires monitoring of international standards in this area and their implementation in domestic legislation. The numerous changes and amendments of the Criminal Code also intervened in the sphere of personal rights and freedoms of man and citizen, in addition to the existing ones, as well as the introduction of new incriminations that protect these rights. The legal description of the criminal offense of violation of equality represents a specific definition of discrimination and the basis from which other crimes that violate the rights and freedoms of man were defined. This criminal offense provides the most complete criminal justice protection of human rights.
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Criminal analysis of the offense – abuse in the privatization process
Статья научная
Compatibility with the standards of the European Union in terms of the criminal law regulation of all offenses that disrupt economic flows and values in a country, greatly affects, among the other things, the stability of economy as a basic social activity. The consequences of all individual criminal acts can have a very strong impact on certain aspects of economic relations. Comprehensive criminal regulation does a lot in the field of economic stability. Bearing in mind the topic of this paper, after a brief theoretical overview of the concept of privatization, the paper provides a criminological overview of the causes and forms of criminal behavior in the privatization process, as well as a criminal law analysis of the criminal act of Abuse in the privatization process. Abuse in the privatization process is a criminal offense regulated by the Article 228a of the Criminal Code of Republic of Serbia (2005), and it is classified in the twenty-second chapter entitled “Criminal offenses against economy”. The criminal act of Abuse in the privatization process belongs to criminal acts violating the rules of legal business operations.
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Статья научная
Undoubtedly, one of the leading movements at the global level in the past few decades was the movement for the global and intensive protection of the human environment, that is, the affirmation of the right of man to a healthy environment, as a distinct right. Bearing in mind the importance of a healthy environment and the importance of its protection, which has grown from a social need into a legal imperative, it is certainly justified to establish the environment as an independent and primary collective object of protection within the domestic criminal legislation. Taking into account the tendencies on the international and comparative level regarding the regulation of the criminal law protection of the environment, the domestic legislator dedicates an entire chapter of the Criminal Code precisely to incriminations that have the environment as an object of protection, in various forms. As the first offense provided for in Chapter 24 i.e., Criminal offenses against the environment, the legislator defines the general and most significant criminal offense from the group of criminal offenses against the environment, namely, Environmental pollution. This paper is dedicated to the analysis of this criminal offense in domestic criminal legislation, with reference to individual solutions contained in the legislation of the Republic of Croatia and pointing out their differences.
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Статья научная
Based on the data from official documents of the Republic Statistical Office and judicial institutions of the Republic of Serbia, the paper analyzes and presents the results of research related to the threat to property and real rights in the Republic of Serbia in the period from 2009 to 2019. We performed the analysis of available data in order to detect the “loss of crime” in a group of crimes aimed at protecting property. The purpose of this paper is a causal analysis of crimes against property in the entire territory of the Republic of Serbia with the aim of revealing causal relations and links between the number of reported, accused and convicted persons for these crimes, to determine the degree of loss of crime and take systemic measures to reduce that loss measure, in accordance with the standards of developed countries.
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Criminal profilers – human lie detectors
Статья научная
For a long time, people have demonstrated a natural tendency to analyze and assess fellow humans as well as animals, objects, and similar entities, even in everyday scenarios. However, it is a little bit strange that criminal profiling became integrated into standard investigative practices within law enforcement not before the 1980s. Criminal profilers primarily fulfill their role by working on the resolution of intricate crimes where the identity of the perpetrator is unknown. On the other hand, they also have a suppressive impact, and to a lesser degree, a preventive influence, which is enhanced by considering the risk factors associated with the emergence of criminal behavior, as well as the study of criminal phenomenology. The techniques employed in criminal profiling aid in the timely identification of symptoms that indicate a combination of biological, social, and environmental factors, including learning and situational elements. As we navigate through the factors contributing to the development of criminal behavior, as well as the suppression and prevention of crime through the efforts of criminal profilers, we reach the significance of their role in detecting deception and the essentiality of human presence and intervention in diverse formal conversations, encompassing law enforcement, social work, and education. The aim of this paper is to systematically shed light on the factors contributing to the development of criminal behavior, to investigate the phenomenology of crime and to highlight the role of criminal profilers in the prevention and suppression of crime, as well as to analyze their role in the process of lie detection, while giving recommendations for the incorporation of profiling techniques into the body of knowledge and skills of teachers, pedagogues, psychologists, social workers, and others. The methods used in this study include a quantitative and qualitative analysis, using primary and secondary sources, as well as a comparative analysis.
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Criminology characteristics of crimes against the person
Статья научная
Crimes against life and limb are crimes that constitute a violation of the physical and mental integrity of a person, and are classified as crimes of violence. These criminal acts have been subjected to penalty ever since the first written regulations or codes appeared with the aim to preserve and protect life and body as the most important human and social values. Having in mind the consequences of committing crimes against life and limb, it is clear that the primary task of every state is to work towards their suppression. The precondition for the realization of this task is reflected in the exploration of their criminological characteristics in order to create effective prevention measures through the understanding of the causes of this phenomenon and a comprehensive approach.
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Статья научная
The study deals with the importance of harmonization processes related to the succession rules in the European Union. During the examination of the harmonization processes, a particular attention has been paid to migration, which nowadays has a deep impact on inheritance cases. In this regard the study demonstrates how the judicial cooperation is being realized in the European Union when it comes to succession-related issues. Among these, the study examines the current norms of the Serbian Act on private international law, which, from some aspects, has an obsolete system considering the conflict of laws rules in matters of succession with an international element. Namely, these rules are not harmonized with those of the European Succession Regulation, which means that the Serbian IPL system does not currently follow the European trends in legislation. Furthermore, it does not take into consideration certain current phenomena, especially the international migration and globalization. At the same time, Serbia is working hard to achieve a certain level of legal harmonization with the EU legislation. One proof of the harmonization attempts is the draft of the new PIL act of Serbia. The new concept of the conflict of laws rules and the new systemic approach of connecting factors is nearly completely identical with that of European legislative trends, especially regarding the scope of succession. If the draft act comes into force, it will mean, beyond any doubt, a giant leap for the country towards the European Union.
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Current problems of trademark exhaustion in foreign court practice
Статья научная
The author analyzes the principle of trademark exhaustion in the European Union. The institution of trademark exhaustion is a form of legal limitation of the subjective right of the trademark owner. EU member states have a national trademark protection system. On the other hand, a supranational trademark protection system was established in the EU, through which, among other things, there was introduced a system of regional trademark exhaustion. In the paper, the Institute of trademark exhaustion will be analyzed through the latest practice of the EU Court of Justice. Namely, when the owner of the trademark or a third party, with his consent, puts the goods marked with the trademark on the market in the European Economic Area, the exhaustion of the trademark occurs. This means that the owner of the trademark cannot prevent the further circulation of these goods. However, it often happens that the goods are purchased in one country, where the goods were first sold by the trademark owner, and then being sold in another country. According to the significant differences in the prices of medical and pharmaceutical products in different EU countries, there is a significant market for the so-called parallel import of such goods. Recent case law of the Court of Justice of the European Union has clarified how the provisions relating to the packaging and repackaging of medicinal products should be interpreted and applied in the context of parallel trade in pharmaceutical products within the EU.
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Cyber security of a critical infrastructure
Статья научная
A critical infrastructure consists of basic assets and facilities whose functioning has a significant impact on the society and economy of a country, as well as on its security. The life and work of the citizens of a country are largely dependent on a smooth operation of various energy, telecommunication, water and sewage facilities, as well as the network of hospitals and health institutions, transportation, etc. The safe functioning of these systems is a prerequisite for the existence and development of a social community in an area. Therefore, it is necessary to undertake all necessary activities to preserve a critical infrastructure both in reality and cyberspace. With the development of the Internet, there has been a transformation of people’s work and life in the broadest sense, in such a way that it has become an indispensable part of everyday life of each of us. Together with the largest global network increasingly used as well as the various services people necessarily being relied on in the new reality the world encountered during the COVID-10 pandemic, there has been created a vast space attracting the malicious users. They act by using the known mechanisms of functioning communication networks and other information technologies, finding the system vulnerabilities and exploit them. In this paper, we will analyze the cyber security of a critical infrastructure, cyber attacks on a critical infrastructure and the measures needed to be taken to mitigate the consequences of cyber attacks.
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Cyberbullying legislation: the role of cyberbullying law
Статья научная
Faced with the increasing number of cases of cyberbullying and its consequences, states are trying to find the best way of its sanctioning. The latest tragic event, in which a young man from Republika Srpska committed suicide because he was mocked on one of the social networks, has triggered a public debate on whether cyberbullying is adequately sanctioned in our country. Based on the way individual countries sanction cyberbullying, we can divide them into two groups. The first group includes those countries that sanction cyberbullying through the application of one of the existing criminal offenses (insult, defamation, persecution, unauthorised filming, hate speech). The second one refers to those countries where cyberbullying has been treated as a special criminal offense. The aim of this paper is to make suggestions for possible changes, based on an analysis of the existing legislation on cyberbullying in our country as well as in some European countries, in order to protect the victims of cyberbullying more effectively. In the paper, the authors have used a normative-legal method for the analysis of legal regulations including a comparative method for a comparative presentation of a legal regulation of cyberbullying in other countries. On the grounds of the analysis conducted, there is a conclusion that a legal protection against digital violence in our country does not provide adequate remedies for the victims of cyberbullying.
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Da li sudije stvaraju pravo ili ga samo primenjuju?
Статья научная
Ovaj rad obrađuje pitanje sudskog stvaranja prava, kao jedno od retkih pitanja u pravnoj nauci koja su izazvala toliko interesovanja, nesporazuma i kontraverznih mišljenja. U pravnoj teoriji postoje oprečna shvatanja o mogućnosti stvaranja prava sudskim presudama, koji pored mnogobrojnih razlika imaju i zajedničke dodirne tačke. Mi smo prilikom postavljanja cilja ovog istraživanja ostali skromni i zadržali se u onoj problematici koja ne prevazilazi domen nauke, pa smo i postavljenom cilju prilagodili strukturu rada, u kojem smo analizirali sudsku presudu kao izvor prava, poredili sudsku presudu sa formalnim izvorom prava, odnosno zakonom, i bavili se ujednačavanjem sudske prakse u pravosudnom sistemu Republike Srbije.
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Deliktna odgovornost pravnih lica
Статья научная
Istorija delikata je poznavala fizička lica kao jedine subjekte koji su, svojim konkretnim postupcima, činili različite vrste pravno-nedozvoljenih ponašanja. Kazniti se mogao čovek koji je preduzimanjem ili propuštanjem radnje proizvodio zabranjenu posledicu. Međutim, razvoj industrijalizacije i ekspanzija privrednih aktivnosti dovela je do osnivanja pravnih lica, odnosno privrednih subjekata. Oni su stupali u različite vrste pravnih odnosa u čijoj osnovi je bila želja za sticanjem profita. U tom kontekstu dolazi do pojave prvih oblika pravno-nedozvoljenih delatnosti pravnih lica koje se odvijaju u finansijskoj sferi. Krajnja posledica protivpravnih postupaka pravnih lica sastojala se u nanošenju enormno velike štete koja je prevazilazila onu koju su mogli učiniti ljudi kao subjekti deliktne odgovornosti. S obzirom da je pravoverni pratilac društvenih zbivanja prirodno je da se pravnim uređenjem delatnosti pravnih lica nastojalo odgovoriti njihovim pravno-nedozvoljenim ponašanjima. Otuda deliktnu odgovornost pravnih lica možemo podeliti na: prekršajnu, privredno-prestupnu i krivičnu. U Srbiji je prethodne decenije premijerno uvedena krivična odgovornost pravnih lica čime je naša država svrstana u red pravno uređenih evropskih zemalja. Međutim, time nije isključena njihova odgovornost za prekršaje i privredne prestupe kao posebne oblike deliktne odgovornosti. Polazeći od navedenog, autor želi ukazati na osnovne elemente sva tri oblika deliktne odgovornosti pravnih lica u našem pravnom sistemu. Redosled izlaganja biće usklađen sa momentom njihovog uvođenja u naše pozitivno pravo. Zato će najpre biti reči o prekršajnoj, a zatim o privredno-prestupnoj i krivičnoj odgovornosti pravnih lica.
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Democratization of property relations
Статья научная
The process of democratization of property relations has affected, first of all, the European area, and then the other parts of the world. Having been established with a clear economic and social content, without the ideological burden, the employees shareholding and participation have the conditions to expand, strengthen their power and become one of the important factors in the structure of the modern society. In our area, the process of the transformation of social ownership began with the employees shareholding. Company employees were given the right to buy internal shares under privileged conditions. That was the main form of transformation. There was trust in the company to initiate, organize and manage the process of transformation in its own interest. The funds obtained through the issuance of shares, selling a part of the company or the whole company, according to the express provisions of the law, belong to the company or its complex form. Later, already during 90s, ideological properties were unjustifiably attributed to the employees shareholding and participation, which led to their complete exclusion from the economic and legal system. By subsequent regulations, privatization was almost exclusively reduced to selling, thus excluding all other possible different forms of privatization. This approach lost the sight of the basic economic objectives of privatization: there was no acquiring of new capital or new investment cycle; there were neither new business entities capable of receiving and fertilizing the capital emerged, nor the privatization represented an incentive for dynamic development of economy and employment. Economic enterprises were extinguished, and unemployment increased. And now, in a much less favorable economic and social climate, it is reasonable to raise the issue of whether there are still conditions to engage the inner forces that would take upon themselves the responsibility for getting out of the crisis, by introducing the employees shareholding and privatization. A prerequisite for this is certainly the creation of a legal framework for the establishment and development of the employees shareholding and participation. This would simultaneously bring us closer to the legal system of the European Union and its member states, in which the employees shareholding and participation are widely established and legally regulated institutions.
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Deprivation of parental rights and “the best interest of the child”
Статья научная
In contemporary times, children are recognized as holders of their own rights, which is a departure from past practices. The state delegates authority to participate in and intervene in family matters through designated guardianship bodies and local courts. The deprivation of parental rights carries significant and enduring consequences for both parents and children, with the entire process governed by the legal principle of the best interest of the child. Unfortunately, the “best interest of the child,” while a widely used concept, lacks precise legal definition, potentially leading to adverse effects on the child’s psychological and physical development.
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Статья научная
Upbringing of a child and choosing a method, consciously or unconsciously, has existed since parenting. The aim of this paper is to present the choice of a violent method in upbringing – a corporal punishment of a child, the way how it affects a child’s development and consequences it can cause. Having in mind the complex and sensitive character of the phenomenon, the topic was explored from the aspect of a legal science, but also from the point of non-legal disciplines, such as psychology, sociology of a family and pedagogy. Observations of the achivements from the point of a child`s psychology are of an exceptional importance for the analysis of the consequences that a corporal punishment has on a child. The conclusion indicates that, although the family environment is the most desirable environment for a child, the choice of violent methods in education affects the proper growth and development of children, and it can lead to both temporary and permanent consequences related to a child`s mental and physical health as well as its emotional development. There are difficulties in determining how violent parenting affects a child’s emotional and physical safety and health, unless the result is a more serious physical injury or death. Although the responsibility lies primarely with the family and the activities of the parents, in practice, the most desirable approach is a close cooperation of all adults working with children, including educators, doctors and the whole society.
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Dečiji rad, zloupotreba i negacija dečijih prava
Статья научная
Rad koji obavljaju deca od ranog uzrasta, i u vrlo teškim i nehumanim uslovima nije nova pojava. Kada dete radi pod izuzetno teškim i nehumanim uslovima, kada su naknade za rad male ili ih uopšte nema, kada se rad odvija opšte rečeno u nezdravim uslovima (na opasnim mašinama ili sa hemikalijama), onda se smatra da postoji iskorišćavanje dečijeg rada. Međutim, kada dete pomaže svojim roditeljima u obavljanju kućnih poslova, zarađuje za džeparac u slobodno vreme, učestvuje u porodičnom biznisu, tada ne možemo govoriti o postojanju iskorišćavanja dečijeg rada. Nije svako dete koje radi podjednako žrtva iskorišćavanja u radu. Priroda ovog fenomena zavisi od nekoliko faktora, među kojima možemo izdvojiti uzrast deteta, zdravstveno stanje deteta, ekonomske prilike u državi, stepen razvoja tehnologije i najvažnije - stepen humanog razvoja. Postoji više organizacija u svetu koje se bave pitanjima dečijeg rada. Ovom prilikom pomenućemo dve: Globalni marš protiv dečijeg rada i Međunarodna organizacija rada - MOR. MOR je tokom vremena svog postojanja konstantno nastojao da ustanovi standarde minimalnog uzrasta za zapošljavanje kao početni kriterijum za definisanje i regulisanje problema u vezi dečijeg rada. Počevši od te Konvencije pa nadalje, ustanovljavao se minimalni uzrast za zapošljavanje. Konvencija o pravima deteta je značajan dokumenat koji je sublimirao sva ljudska prava koja se priznaju nekoj posebnoj grupi. Srbija i Crna Gora su ratifikovale Konvenciju o pravima deteta. Imajući u vidu realno stanje stvari u odnosu na proklamovane ciljeve, može se zaključiti da nam predstoje kontinuirane aktivnosti i borba za uspostavljanjem civilizacijskih standarda u cilju poštovanja ljudskih prava, naročito prava dece.
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Статья научная
Deciding to write, for the first time in this country, an article on dichotomy of non-credible police evidence in the previous proceedings and prosecution powerlessness, we had no presentiment how much care it would cause us. During the writing we had the issues regarding the contextualization and terminological determinants. As it turned out, recognizing, separating and using the method of correlation between the lack of evidence in police investigations and prosecution capacity/incapacity was an unexpectedly big challenge and an overly complex theoretical demand for a paper of this scale. However, we are neither the first nor the only ones to face this issue. Every attempt to make a theoretical contribution to understanding this term in both the legal and criminological theory has faced a number of issues difficult to be solved. On the other hand, it does not mean at all that attempts at scientific pondering and exploration of this important criminological and legal scientific problem, as well as attempts at defining the scientific causality of those aforementioned attempts, are theoretically meaningless or impossible. The fact that such a feat is difficult, that these institutions are illusive or multidimensional, shows how the theoretical knowledge used to interpret them has certain weaknesses, i.e. that during scientific research we are faced with many limitations and unknowns in our criminalistics and legal theory. By solving theoretical problems associated with the lack of evidence and its impact on prosecution powerlessness, we could open the way for understanding the other, similar or related phenomena and processes in law and criminalistics. Therefore, it is the primary purpose of this paper to explore the ranges of prosecution capacity/incapacity through the lack of evidence in police investigations regarding bribe-taking and money laundering. We do not believe we can offer a significant scientific and theoretical contribution if our research remains isolated, without arousing other scientific discussions on this topic. Our attention is directed towards the search for a different and somewhat innovative approach which could eventually lead to some new insights into our criminal and legal thought on the evidence and its impact on prosecution capacity or incapacity.
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