Статьи журнала - Pravo - teorija i praksa
Все статьи: 699
Prof. Dr Božidar Banović i prof. Dr Stanko Bejatović: Osnovi međunarodnog krivičnog prava
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Profiling of online pedophiles
Статья научная
Paraphilias represent a group of disorders characterized by a pathological sexual tendency or anomaly, with the impulses including intense sexual fantasies and urges that keep returning in regard to the unusual objects, activities, circumstances, and/or certain category such as the children. Pedophilia belongs to this group of disorders and it is alternatively labeled as a pedophile disorder, which includes specific incriminated actions, which in addition to prison sentences, generally result in a social stigmatization of not only perpetrators but victims too. It is a sexual affinity disorder mostly found in adults who have expressed sexual fantasies and a tendency to enter the sexual relations with children of the same or the opposite sex. Nowadays, a “digital space” has become a unique environment where these specific crimes take place, and the border between the virtual and real world is practically indistinguishable. In this digital environment, pedophiles and other sexual predators have got a new space in which they establish spontaneous contacts with potential victims (often with children). In a manipulative way, they recruit vulnerable individuals with the aim of various forms of abuse and sexual exploitation. Considering the fact that it is a delicate and variable disorder, which calls for an interdisciplinary approach, profiling these persons is crucial in relation to any countermeasure. Profiling is also necessary to systematically investigate the symptoms, nature, and factors of psychopathological conditions and deviations in the existences of the affected persons. After all, it is one of the ways of reaction to make pedophilia more visible as a part of preventive programs before the late manifestation. In this paper, there are applied the methods of a quantitative and qualitative content analysis, comparative analysis (reaction to pedophilia) as well as a descriptive and analytical statistics. The purposeful goal is to recognize pedophilia as a sociopathological phenomenon that requires an adequate response from the social community.
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Prohibition of market abuse – European law and the law of the Republic of Serbia
Статья научная
Market abuse encompasses trading based on insider information and market manipulation. Such unfair market activities can endanger the entire market and, in their most intense and most pronounced form, seriously disrupt market dynamics, conferring undue advantages to certain participants, thus undermining principles of fair competition. Therefore, when defining legal regulations in the field of market abuse prohibition in a country, understanding the morphology of the market is crucial. It is important to consider both positive and negative consequences for the country’s market economy, if the goal is to form a transparent, integrated and efficient market, which would be attractive to investors based on such characteristics and thereby contribute to the economic growth and development of the country. The Republic of Serbia still lacks sufficiently developed mechanisms and appropriate legal solutions necessary for the functioning of a market economy, but its advantage lies in the model, experience, and judicial practice of developed markets within the member states of the European Union.
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Prokura u svetlu zakona o privrednim društvima
Статья научная
U radu su obrađena pitanja koja se tiču zakonskog uređenja pravnog instituta prokure. Ukazuje se na novine koje sadrži Zakon o privrednim društvima iz 2011. godine u odnosu na prethodno važeći zakon, a koje se odnose na proširenje ograničenja prokure. Prokurista ne može bez posebnog ovlašćenja da zastupa društvo i preuzima pravne radnje u vezi sa sticanjem, otuđenjem ili opterećenjem nepokretnosti, udela i akcija koje društvo poseduje u drugim pravnim licima, preuzimanjem meničnih obaveza i obaveze jemstva, uzimanjem zajmova i kredita, kao ni da zastupa društvo u sudskim i arbitražnim postupcima.
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Promenjene okolnosti (klauzula rebus sic stantibus ) i nove tendencije u regulisanju ovog pravila
Статья научная
U radu se analizira shvatanje klauzule rebus sic stantibus i ocena celishodnosti njene primene u uporednopravnim sistemima. Autor analizira i kako se ovo pravilo (institut) tretira u instrumentima međunarodnog ugovornog prava, posebno u Principima evropskog ugovornog prava. Zaključuje da savremeni život nameće potrebu prihvatanja ovog pravila kao opšteg te da pri zakonskoj regulativi, posebno u pogledu njegove sadržinske određenosti, bi trebalo imati u vidu regulativu sadržanu u postojećim međunarodnim instrumentima.
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Статья научная
The importance of proof in administrative proceedings is arising from the fact that the development of substantive law, a change or termination of any rights is related to the existence or non-existence of relevant facts. Evidence provides the answer to the question of whether in life exists a specific facts, which is the basis for the development of a law. The existence of such facts is basing on the evidence. ZOOUP in the article 149th paragraph 2. lists the most common means of evidence that authorities used in administrative procedure, and those are documents, witnesses, the statement of the party, warlock, and investigation. ZOOUP is providing a duty of withholding from investigation for one side and the prohibition of injuring the business, professional and scientific secrets from the official, on the other side. Securing of evidence is being done when there is a fear that the evidence cannot be brought later, or that his performance will be significantly difficult. Securing the evidence is performed according to the obligation of official duty or at the proposal of the party.
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Propaganda in a function of a systemic instrumentalization of media for ultra-nationalist purposes
Статья научная
Propaganda and its elements are an inseparable part of everyday life. In a digital age, when, in every second, a vast amount of information is exchanged, the possibilities and variations of propaganda techniques application are proportionally high. The majority of these propaganda messages that can be seen every time we turn on a device, or just go outside and look around are the messages of economic propaganda. Every time we hear a speech of a corporate or government official, we hear a carefully created and delivered message put together by public relations experts, which as well, by its genesis, belongs to propaganda. Still, the subject of this paper is propaganda, which is much more malicious in its origins and manifestations, and that is propaganda for ultranationalist purposes. In this paper, the authors first consider the etiological and historical aspects of propaganda focusing on those forms that had the most devastating effects. Propaganda predates mass media, but it is their conjunction that helped propaganda to reach a maximum capacity of its impact. Therefore, the authors analyze the correlation between propagandists, propaganda, and mass media.
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Статья научная
Domestic violence is a complex, multidisciplinary problem, although at first glance it seems like a very clear, definite, extremely obvious, and recognizable phenomenon. In addition to the concept, characteristics, manifestation, and causes of domestic violence, the paper presents the provisions of the Family Law and the Law on Social Protection, as well as the role and competencies of the Social Services Center regarding protection from domestic violence. The so-called “dark figure” in this area indicates that there is a significant number of unreported cases of domestic violence, and the “silence” of family members can lead to immeasurable consequences. That is why it is necessary to emphasize adequate education, good coordination of institutions, but also influencing the social awareness of people that denying the perceived problem of domestic violence leads nowhere.
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Protection measures for the children without a parental care
Статья научная
Foster care is the most important measure of the protection of the rights and interests of the children who have either been left without a parental care or have had certain developmental and behavioural disorders, and cannot live with their biological parents. In addition to a foster care as a measure of the protection of the children without a parental care, in a legal system of Republic of Serbia, there are some other institutes of a legal guardianship and adoption too. Foster care is most often associated with altruism and humanity of the people who have decided to be foster parents, and who had had these qualities even before that decision. Foster care in Republic of Serbia has had its ups and downs. The social crisis has also affected this institute, but the humanity that foster care carries in its nucleus and the fact of helping the helpless has always managed to ensure a foster care not to disappear from the legal regulations. By using the comparative, historical, analytical and descriptive method, the aim of this paper is to analyse a foster care as one of the measures of protecting the children without a parental care, as well as to indicate the current state of foster families in Republic of Serbia and the position of children in them.
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Protection of consumers rights in life insurance contracts
Статья научная
Life insurance is a special type of activity exerting a strong influence on a country’s social and economic structure. Its main field of interest is human life. Life insurance contracts are founded on the basis concept of the legal position of an insured person as the weaker contracting party either due to his/her knowledge of the insurance service and the circumstances surrounding it or due to his/her negotiating position and the financial means put at his/her disposal. The insurer is a trader and professional, which cannot be said for the insured person, who, accordingly, should be ensured protection within the current legal framework. In that sense, it is essential the security and protection of the insurance beneficiary to be provided against all the risks and irregular actions which can be anticipated and prevented. In accordance with the importance of its topic, the paper touches upon the term and characteristics of life insurance contracts. It also includes the definition of life insurance and legal aspects of life insurance contracts, all of which to be followed by a detailed elaboration on the selected topic of the paper, which is reflected in its subtitle – the analysis of consumers (insurance beneficiaries) protection in insurance contracts generally speaking and in life insurance contracts in particular.
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Статья научная
The Constitution of the Republic of Serbia contains a large number of provisions on human rights and freedoms. The Constitution guarantees all three generations of rights. Articles 28 and 29 of the Constitution regulate the following rights: Dealing with a person deprived of liberty and Supplementary rights in case of deprivation of liberty without a court decision. Basing the provisions on the aforementioned articles of the Constitution, the criminal procedure legislation has regulated in detail the matter of dealing with persons in custody. After a detailed analysis of the rules of treatment of persons in detention, it has been concluded that it is not about any specific rights or rules, but only about the realization of the basic guaranteed rights that every citizen should enjoy, regardless of their status. Bearing in mind the topic, the paper analyzes the development and conceptual definition of human and minority rights. Some characteristic provisions of the Constitution related to the topic of the paper were also analyzed, and then an overview was made of the legal provisions in Serbia on the treatment of persons who are in detention, and which have their basis precisely in the provisions of the Constitution.
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Protection of personal data of employees
Статья научная
Protection of personal data of employees forms part of the concept of the right to privacy which is becoming increasingly important with the development of various means of monitoring and control by employers, thus creating the need for adopting the legislation that would protect individuals from undesired data processing. The legislation that regulates the field of data protection has created a complex system of their protection. This paper will hence summarise those legal solutions that are relevant to understanding the protection of personal data of employees in the European Union law, but also in the law of the Republic of Serbia. In addition to this, the paper will explore the right to protection of personal data from the perspective of employees, but also from that of employers, by analysing various means of supervision and examples from the practice.
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Статья научная
Krivična djela protiv privrede i platnog prometa su raznolika i brojna, tako da ne možemo govoriti o njihovim zajedničkim karakteristikama, jer se vrše u različitim oblastima privrednog poslovanja i njima se štite različiti društveni odnosi koji se pojavljuju u tim oblastima. Zato se nameće osnovno pitanje - mogu li ova krivična djela imati iste ili različite zaštitne objekte? Ipak, imajući u vidu da svi ti odnosi, u svojoj ukupnosti, predstavljaju privredni sistem jedne zemlje, može se zaključiti, da je zajednički zaštitni objekat - privredni sistem kao cjelina. Bilo koje od krivičnih djela usmjereno je protiv privrednog sistema. Zajednička karakteristika im je i blanketna dispozicija, koja upućuje na neki drugi zakonski ili podzakonski propis kojim je regulisana određena oblast privrednog sistema. U radu će se posebno ukazati na krivično djelo prouzrokovanje lažnog stečaja.
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Статья научная
Ivan Mažuranić, Croatian Ban who reigned from 1873-1880 implemented significant reforms in education, administration, and judiciary since his political programme focused on the provision of the modern legal framework for Croatian autonomy. During the second year of his reign, on 19th August 1874, Ban Mažuranić proposed to the Parliament a draft Act on the organisation of public schools and teacher training schools (original in Croatian Zakon ob ustroju pučkih školah i preparandijah), which was adopted and confirmed by the Austrian Emperor and Hungarian-Croatian King Francis Joseph I already on 14th October 1874. That Act is considered to be the first Croatian autonomous school law and one of the most liberal school laws in Europe, as it secured the schools the status of secular institutions. Many of the provisions of that Act are still accurate and applicable in today's Croatian educational system. However, being proposed back then, they caused serious debates and protests of all social classes. A qualitative comparative analysis of the Act on the organisation organization of public schools and teacher training schools and the current Act on education in primary and secondary schools will compare the legislative frameworks for encouraging creativity in education, which provide prerequisites for the creative and autonomous work of teachers. Having passed this law, Ban Mažuranić proved himself to be serious in fulfilling his election promises. Along with other laws enforced in judiciary and administration, this Act opened the way for the modernisation of the former Croatian state and its faster adoption of European standards of a modern civil state.
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