Статьи журнала - Pravo - teorija i praksa
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Consolidated bankruptcy of related persons
Статья научная
Amendment to the Act on Bankruptcy from August 2014 has significantly worsened the procedural position of persons connected with the debtor through the limitation or exclusion of their rights. The introduction of the restrictive regime for related persons was explained by the need to eliminate the causes which enabled abuses and corruption. It is provided that the persons connected to the debtor are paid off in the newly established last - fourth order of payment and cannot be elected to the committee of creditors in order to prevent outvoting of other bankruptcy creditors by the related persons. An important novelty is that persons connected with the debtor (except those who are dealing with provisions and credit loans within their ordinary course of activities) represent a special class of creditors and do not vote on the reorganization plan which disables abuse by the related parties. Changing position of affiliated entities is also reflected in the exclusion of the appointment of a bankruptcy trustee or an independent expert who monitors implementation of the reorganization plan. It also facilitates the refutation of legal transactions concluded with related parties.
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Constitutionalization of patriotism – Is constitutional identity possible?
Статья научная
Constitutionalization of patriotism implies insisting on unquestionable and universal values around which social cohesion is achieved, instead of insisting on differences, which are often insurmountable. Constitutionality is a metavalue, a value above personal and narrow group interests, as well as national, religious, cultural, or political affiliation. The key research question is whether constitutional patriotism can be an alternative to nationalism. In this paper, the author seeks to provide sociopolitical and legally grounded answers to a number of other dilemmas: whether this concept is suitable for achieving social cohesion and political loyalty in multicultural societies, whether it serves as a tool for the political empowerment of citizens, and whether conflicts in deeply divided societies can be mitigated through it. In addition to the normative consideration of this concept, by applying the empirical comparative law method, the author examines the credibility of constitutional patriotism in states governed by the rule of law with a developed democratic and civic political culture. The findings of the paper show that constitutional identity is not possible in deeply divided societies marked by war wounds and national traumas. Societies accustomed to nationalism as a political technology do not constitute an adequate milieu for the constitutionalization of patriotism. Constitutional patriotism is difficult to achieve in an environment characterized by widespread corruption, clientelism, a subservient political culture, and dysfunctional institutions. In other words, the rule of law and a state governed by the rule of law are prerequisites for building a constitutional patriotic identity.
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Статья научная
A characteristic feature of contemporary business and current trends in the market economy is primarily globalization, which has significantly enhanced the possibilities for expanding operations from one market to multiple markets, while simultaneously increasing competitiveness among business entities. Consumer protection in developed market economies is not a new topic; however, under the conditions of globalization, the transition processes of the economy in certain countries, and competitive relations in modern economic flows, this issue has attracted significant attention from the scientific and professional community in recent years. After the introductory section, this paper reviews the concept and significance of consumer satisfaction, specifically addressing the meeting of consumer needs and demands as an economically significant category essential for modern business practices. Furthermore, the paper focuses on the legal provisions related to consumer rights protection and the prohibition of unfair business practices. The concept of consumer protection is safeguarded by the Constitution of the Republic of Serbia, while consumer rights protection and the prohibition of unfair business practices are primarily regulated by the Law on Consumer Protection and the Consumer Protection Strategy for 2019-2024.
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Consumers' lending in the European Union
Статья научная
Modalities of consumers' protection at consumers' lending in the European Union Member States are provided with a special directive of the European Parliament and the Council (the Directive 2008/48/EZ on contracts of consumer credit). Although this area has been regulated in the European Union by the directives since 1987 (the Directive 87/102/EEC), because of an economic crisis, it was increasingly coming to the fore that a consumer, as a weaker agreement party, was not protected enough. The Directive 2008/48/EC on contracts of consumer credit is based on the principle of a maximal harmonization and it regulates a minimal legislative framework for each of the member states.
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Contract with hereditary effect: Contract on the assignment and division of the property for life
Статья научная
Contract on the assignment and division of property for the life is a contract between predecessor and his descendants, that products also law hereditary effects. Contract on the assignment and division is producing hereditary effect in the event that the assignment and division is agreed by all descendants children's who will be invited by law to inherit. The contract was made in the form that is stipulated by the Law on the inheritance. Contract on the assignment and division of the property for life, is characterized by and have the following effects: legal obligations and legal inherit effects . Predecessor contract may include all the property that exists at the time of assignment and division, but can also include only one part of the property. The subject of inheritance may be just what is not included by valid contract on the assignment and division. The contract must be made in writing, under the threat of nothingness. To revoke the contract is authorized by the person who has initiated the contract. The reasons may be the same as those for which a person can exclude from heritage, but also may be other circumstances.
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Статья научная
One way to end a civil proceedings is to reach a court decision, which can be in the form of a judgment or in the form of a ruling. The judgment shall decide on the merits of the claim fled. The content of the legal protection provided by the judgments is divided into condemnatory, declarative and constitutive ones. According to the manner in which they are rendered, there are complete, partial, intermediate and supplementary judgments. This paper will address the types of judgments according to the fact how parties are treated or held in a litigation. Depending on the legislation, we will see that in some solutions there are certain judgments not present in other legislation. In the legislation of Republic of Serbia there are contradictory verdicts, the verdicts on admissions, verdicts on waiver, the judgment on absenteeism, judgment on omission and judgment without hearing. Comparative legislation refers to the legislation of Croatia, Slovenia, the Federation of Bosnia and Herzegovina, Republika Srpska, Northern Macedonia and Montenegro.
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Статья научная
Roman law, as the legal system that was in force for nearly thirteen centuries in Ancient Rome, did not disappear with the fall of the Roman state. Rather, in a more or less modified form, it became positive law in contemporary European states. The reception of Roman law, especially the fundamental institutions of private law (private ownership, freedom of contract, and freedom of testamentary disposition), forms the legal foundation of modern private law. A part of the Roman legal system is also public law (ius publicum) which deals with general state interests (Ulpian, Digest 1,1,1, 2). The purpose and aim of this research is Roman financial law, and the subject of the paper is the fiscal system during the reign of Emperor Diocletian. Through a comparative method of available sources and texts from relevant authors of Diocletian’s time and the period immediately after him (a smaller number), as well as scientific studies from the modern era (referring to the past hundred or more years), it is concluded that the public-law acts of financial law from that period were, in some of their solutions, far ahead of their time and are partially applicable even today.
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Статья научная
This paper analyzes the legal situation concerning civil matters related to the conversion of the right of use on construction land into the right of ownership under the positive law of the Republic of Serbia. This is a complex civil law issue that, for many years, was not adequately regulated within Serbia’s legal system, resulting in legal uncertainty and the failure to resolve several tens of thousands of cases. By applying historical, comparative legal, and dogmatic legal methods, as well as content analysis of relevant legal documents, the paper presents an argumentative examination of the provisions of numerous laws that address this matter both directly and indirectly. Specifically, it focuses on the provisions of the Law on Planning and Construction, the Law on Legalization of Buildings, and provisions of other related laws. The paper offers a reasoned legal interpretation of several legal acts, overcoming the imprecision in the regulation of this important civil law matter, and proposes a solution for the accumulated cases involving the conversion of the right of use into the right of ownership for residential buildings constructed without a building permit, as well as the construction land on which these buildings were erected, allocated for use with a fee by the relevant state administrative bodies of local self-government.
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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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Criminal offense of inciting national, racial, and religious hatred and intolerance
Статья научная
In our region, multi-ethnicity, multi-confessionalism, and multilingualism are common phenomena, and therefore the challenges they face are not exceptions. With the emancipation and transition of countries in the region, accession to the European Union, states have brought new legislative frameworks in which they have recognized long- standing personal characteristics of their citizens, provided protection for these characteristics, and criminalized attacks based on these personal characteristics, as well as incitement of hatred and intolerance based on the same. This paper presents the criminal offense of inciting national, racial, and religious hatred and intolerance, within the framework of constitutional and particularly criminal law. Special attention is paid to the analysis of the legal framework and the provision of the offense in the legislation of the Republic of Serbia, the actions and methods of committing this criminal offense. Additionally, attention is given to the analysis of motives and reasons, as well as the consequences of committing this offense, questions of causality and possibilities of concurrence with other criminal offenses. Some important characteristics of this criminal offense are also discussed, such as: place, object, time, perpetrator, and form of guilt for the execution of the crime.
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Criminal offenses against official duty with a focus on the object of the criminal offense
Статья научная
The very title of the group of criminal offenses against official duty reveals their object of protection, which is the conscientious and responsible performance of official duties. However, these criminal offenses endanger various protected values, such as citizens’ freedoms and rights, their physical and psychological integrity, their property, and others. In this context, the distinction between the object of the act and the defined object of protection for this group of criminal offenses becomes evident. This means that it is necessary to differentiate between the immediate object targeted by individual criminal offenses within this group, the socalled object of attack, and the established object of protection, which is the general value being safeguarded. The subject of this paper is the analysis of legal norms related to individual criminal offenses with a focus on distinguishing between the object of protection and the object of the act. In this regard, we will compare the elements of certain criminal offenses against official duty, primarily those in which the objects of the act differ, while the object of protection, according to their classification, remains the same. The aim of the paper is to determine whether the existing criminal offenses against official duty, with reference to the object of the criminal offense, are properly systematized within this group of criminal offenses, and to explore possible ways to address the identified shortcomings.
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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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