Статьи журнала - Pravo - teorija i praksa
Все статьи: 765
Problemi dokazivanja i procesuiranja delikata iz oblasti sporta
Статья научная
U okviru ovog članka autor je nabrojao, analizirao i objasnio najvažnije probleme do kojih dolazi prilikom dokazivanja i procesuiranja delikata iz oblasti sporta. Osim toga, objašnjeno je da delikti koji se vrše u oblasti sporta i u vezi sa aktivnostima povezanim sa sportom po svojim karakteristikama predstavljaju posebnu vrstu delikata, što se neposredno odražava i na postojanje specifičnosti pri dokazivanju disciplinskih povreda, prekršaja i krivičnih dela iz te oblasti u odnosu na dokazivanje drugih delikata do čijeg izvršavanja dolazi od strane fizičkih i pravnih lica u svakodnevnom životu. Kao izuzetno negativan primer navedeno je da praksa organa otkrivanja i gonjenja u oblasti kriminalističke i sudske obrade slučajeva izvršenja delikata iz oblasti dopinga u sportu u Republici Srbiji još uvek ne postoji. U zaključnom delu rada iznet je stav da prikazani, ali i potencijalni, a najverovatnije mnogobrojni i složeni problemi do kojih se može doći prilikom dokazivanja izvršenja delikata iz oblasti sporta i prilikom dokazivanja izvršenja delikata povezanih sa sportom, ne smeju biti argument za odustajanje od primene i daljeg unapređenja upotrebe mehanizma kaznenopravne zaštite sporta.
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Статья научная
The subject of this paper is an analysis of the procedure of the amendments to the “Mitrovdan” Constitution from the perspective of adherence to the procedure and protection of the constitutional continuity. Considering the multivalent effect of the constitutional revision on the strenghtening of the constitutional order, constitutional culture, and rule of law in an unique legal-political moment immediately following the proclamation of the Act on Amendments to the Constitution, but prior to the enactment of the set of judicial laws, the study aims to analyse whether the procedure of the constitutional amendment contributed to the furtherance of the constitutional democracy. The scope of the study is limited to a procedure, the sequence of formal acts following a prescribed procedure for the constitutional amendment, while the subject of the amendments is reflected upon only as it is necessary for understanding both the essence and context of the matter. It is indisputable that by adopting 29 amendments to the “Mitrovdan” Constitution and guaranteeing the independence of the judiciary and prosecution there was made an important step in the process of overcoming tensions between both the form and substance of the constitutional political culture. But, at the same time, there were some additional restraints of the authorities of the National Assembly. The process of improving the constitutional democracy, preserving the constitutional continuity, and building the constitutional culture of Serbia is analysed from a historical perspective, with a special reference to the procedure for adopting the 2006 Constitution. The methodological, historical-comparative approach is completed by analyzing the comments and interpretations of certain constitutional acts, laws, and bylaws. The additional value of the analysis stems from the methodological facts being interpreted from the perspective of a fifteen-year experience as a Member of Parliament, and a direct participant in the constitutional review process as a member of the Committee on Constitutional Affairs and Legislation of the National Assembly.
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Procedural specifics in small-value claims litigation
Статья научная
This paper analyzes specific provisions of the Civil Procedure Law concerning procedural rules in small-value claims litigation. Due to the normative redefinition and expansion of the concept of small-value claims litigation, courts of general jurisdiction most often follow the rules applicable to this special procedure. In small-value claims proceedings, the right to legal protection is not exercised through the standard (full) cognitive procedure, but through special rules designed to ensure that these cases are concluded efficiently and economically. Given the limitations in the scope of this paper, the analysis focuses on the specific features that characterize this procedure, which also determined the content of the paper.
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Prof. Dr Božidar Banović i prof. Dr Stanko Bejatović: Osnovi međunarodnog krivičnog prava
Статья
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Статья
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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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Property relations between partners in non-marital and same-sex unions
Статья научная
By defining the concept of a non-marital union in the Family Law of the Republic of Serbia, the legislator highlights the key similarities and differences between non-marital and marital unions, particularly in terms of their formation and the evidentiary standards required to establish their existence—factors that directly impact the exercise of property rights. The authors’ intention is to present, through an analysis of broader scholarly literature and relevant judgments of the European Court of Human Rights, the nature and various approaches concerning property relations in nonmartial and same-sex unions. The study employs a comparative legal method, analysis of statutory provisions, legal doctrine, and case law. By examining relevant legislative provisions and judicial decisions, the aim is to assess the legal framework, identify challenges in its application, and explore potential avenues for extending the protection of these relations within the existing legal system, taking into account the practice of the European Court of Human Rights and the principles of non-discrimination.
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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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