Статьи журнала - Pravo - teorija i praksa
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The comparative analysis of design right and copyright
Статья научная
A large variety of market relations are regulated by intellectual property rights, which represent legitimate monopolies correcting certain inefficiencies of a profit distribution on the market. In the following paper, the author examines the relations between design right and copyright using the comparative method. Firstly the author will analyze both resemblances and differences between these two intellectual property rights. The resemblance in protection object in particular makes available the cumulation of protected rights, in other words, the possibility of protecting industrial design by copyright, which will also be analyzed in the paper. Such work aims to comprehend the hybrid nature of design right as a right usually bypassed in a legal theory, and which is, in the author’s opinion, especially interesting.
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The concept of marriage in Roman law and the position of a woman in it
Статья научная
This paper aims to present comprehensions about marriage and its various forms that existed in ancient Rome. The Roman legal tradition has lasted for more than a millennium and marriage, as a legal institute, has undergone changes in its manifestations, from cum manu marriage to sine manu marriage until Justinian’s changes. Since the institution of marriage is directly related to the position of the woman, the paper presents the rights and obligations that the woman had in relation to each of these forms of marriage. This is primarily related to her social status and property rights in connection with marriage and dowry. Historically, the importance of Roman law is in the fact that it represents the foundation of all the rights of the continental legal system, and we see the results of that evolution today, among other things, in our positive marital and family law. Forms for marriage, consent of wills, property relations arising from marriage and other legal regulations under Roman law all significantly imply positive legal solutions. Although the social position of a woman and her position in marriage was, in principle, poor, it changed for the better over time, as a result of the emergence and influence of Christianity, drastic changes in the economy, and the disappearance of patriarchal morality.
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Статья научная
Based on the premises that public administration should serve as an open, digitally developed and work-transparent public service, the aim of the paper is to analyze the notion and purpose of an administrative contract as a part of new Law on General Administrative Procedures. Simultaneously developed with the Public Administration Reform as its corner stone, several aspects of the law have been analyzed, just for the purpose of comparing novelties. Having in mind that such a contract represents a novelty here, but not in the European administrative space, it is our goal to determine and conclude whether this agreement provides an essence of citizens’ social and economic demands. The concept of establishing this kind of a ‘symbiotic’ contract finds its purpose in being differentia specifica from any other contracts, thus having government on one side. It still stands as an open issue how such a kind of an agreement will be fully executed, monitored and regulated.
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The control of the state security services from the middle of 1966 untill the beginning of 1975
Статья научная
The Brioni plenum took place in mid 1966. It was carefully planned and prepared beforehand. The decisions made there will have a crucial importance and far-reaching consequences for the fate of Yugoslavia at the time. This event sped up the process of the decentralization of the power of the state. Furthermore, it brought a completely new organization based on this new concept, as well as a new role and jurisdiction of the newly formed State Security Service. Based on the Law on Federal councils, the Federal Council for the Protection of the Constitutional Order was established from July 1966 until the beginning of 1975. Based on original and so far unpublished sources, this paper attempts to show and explain how these governing bodies and organs functioned. The main task of these governing bodies and organs was to follow, control, guide and coordinate the activities of the extremely complex security intelligence system of SFRY.
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The employment of the minors in the context of exercising the child’s right to work
Статья научная
Exercising the child’s right to work requires a good legislative framework for labour relations and a set of conditions prescribed to ensure that the minors work in a way that does not harm their safety, health, physical, mental and moral development and does not interfere with their education. The aim of this paper is to consider both the international and national standards regulating the children’s work and challenges in their application in practice. It also points out the necessary actions aimed at improving the position of the minors in the labour law environment. A special attention is paid to the issues related to the prohibition of discrimination against children in the field of work, the consent for employment including the regulation of the minimum age for employment and protection at work. The paper focuses in particular on the issue of the implementation of labour legislation in practice of Republic of Serbia, especially in the context of the efficiency of control mechanisms and the results of inspections conducted in 2019 by the Labour Inspectorate of the Ministry of Labour, Employment, Veteran and Social Affairs, which revealed a series of violations of the child’s right to work. In this paper, in order to grasp an insight into this issue, there have been used the historical comparative-legal and theoretical-analytical methods. The research findings indicate that the national labour legislation regulating the minors` work is harmonised with the international standards to a significant extent, but there is a room for their improvement. It is also necessary to improve the mechanisms of inspection and the efficiency of the application of legislative provisions in practice.
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The etiology of juvenile delinquency
Статья научная
In contemporary societies characterized by advanced information technology and widespread accessibility to various resources, social and psychological factors leading to adverse personal and societal consequences significantly influence minors, providing fertile ground for the emergence of juvenile delinquency. Juvenile delinquency is a serious problem for all contemporary societies, encompassing different forms of deviant behaviors among minors, including criminal acts that trigger legal proceedings and sanctions. Since there are a lot of theories and studies which focus on the distinctions between delinquency and criminality, this paper does not deal with that in greater detail. Instead, it focuses on elucidating juvenile delinquency as a foundational concept for understanding diverse forms of deviant behavior from criminal, psychological, and sociological perspectives. The paper identifies causes of juvenile behavior and early indicators for identifying young offenders. The primary research objective is to explore delinquency prevention strategies tailored to offenders. The examples illustrate the most frequent criminal acts perpetrated by reported, accused, and convicted minors, categorized by gender, age, and type of criminal sanction.
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The exogenous characteristics of traffic delinquents
Статья научная
The exogenous characteristics of traffic participants, such as: alcoholism, fatigue and psychoactive substances, have a significant impact on a safe behaviour in traffic, especially the motor vehicle drivers. In that sense, they represent the factors that can directly influence the unsafe behaviour in traffic. The influence of the exogenous characteristics on a safe behaviour of traffic participants has been analysed on the basis of the statements in documents as well as the results of numerous empirical studies. For the purposes of this paper, there have been selected and analysed the statistical data on the influential factors of traffic accidents for the period from 2010 to 2019 in Republic of Serbia. After reviewing the statistical data, both a qualitative and quantitative content analyses were performed. In addition to the statistical method, there were also used the content analysis methods, empirical method, descriptive method, comparative methods, as well as deduction and induction methods, in order to analyse the trend and presence of these influential factors of traffic accidents in Republic of Serbia. The statistical data being processed in this paper, originated from the database of the Traffic Safety Agency of Republic of Serbia. The results of the research show the extent to which the exogenous characteristics affect a safe behaviour of traffic participants, as well as the severity of the consequences of traffic accidents. Observed individually, the listed characteristics have a different intensity of influence on a safe behaviour in traffic. In this regard, from the external characteristics of traffic delinquents, the most common is the drunk driving as an influential factor, which especially affects the severity of traffic accidents in Republic of Serbia.
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The first degree murder in a cruel manner
Статья научная
The first degree murder belongs to the group of the heaviest criminal offences punishable by the heaviest penalties. Basically, the first degree murders have all the characteristics which are common to every murder, i.e. the unlawful deprivation of another person’s life. But, the murder accompanied by a certain qualifying circumstance makes it heavier and socially more dangerous than an ordinary murder. In this paper, we will look back and explain in more detail the first degree murder in a cruel manner, which is a complex criminal offence, where, on the one hand, cruelty means taking the victimʼs life in such a way that it causes the excessive pain and suffering, while, on the other hand, it is necessary that a perpetrator also shows a special emotional relationship towards the pain and suffering (in the form of feeling pleasure, enjoying them, the absence of pity, etc.). We will analyze the hypothesis of the criminal offence of the first degree murder committed in a cruel manner to be planned and a person for the attempt of such an offence to be punished. We will draw a parallel between the criminal act of murder and the first degree murder including the fact whether this offence was committed in a conscientious or unsconscientious way. We will also consider the issue of the organized crime and how often this type of an offence is committed in criminal groups. The aim of the research is to meet the meaning and qualifying circumstances being specific for this offence as well as to see how this offence is qualified in practice. It also covers the issue of its sanctions and how the court evaluates certain findings and opinions in the proceedings including the aggravating circumstances relevant for determining the amount of the punishment.
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The forms of domestic violence
Статья научная
Domestic violence is not a phenomenon of the modern age, but rather a new interest of the state to recognize it, provide a protection for victims of domestic violence and to fight against it. In Republic of Serbia, domestic violence was incriminated only just in 2002 by amendments to then valid Criminal Code, while our legislator introduced the family law protection as well as the institute of domestic violence in 2005 by the Family Law. Domestic violence refers to a behavior by which one family member threatens the physical and psychological integrity or serenity of another family member. It most often comes out in the form of physical, psychological, sexual and economic violence. The aforementioned forms of domestic violence will be the subject of analysis of this paper. In addition, a special attention will be paid to victims who are most often exposed to domestic violence - women, children, the elderly and men.
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The forms of economic crime in a bankruptcy proceedings
Статья научная
In modern conditions of business conduct of economic entities, the importance of bankruptcy and a bankruptcy proceedings is unambiguously emphasized. The conditions preceding to bankruptcy as an institute of economic law are a consequence of the economic and financial position of a certain economic entity. At the very beginning, the paper gives a brief overview of the conceptual definition of bankruptcy and its goals. The primary focus of the paper rests on the forms of economic crime in a bankruptcy proceedings, which in part includes a brief overview of the concept and characteristics of economic crime as an extremely complex and important form of modern crime. Having in mind the main subject of the paper, the valid criminal legislation of Republic of Serbia envisages two criminal offenses against the economy which can be committed in connection with and/or relating to bankruptcy. These are causing bankruptcy (from Article 232) and causing false bankruptcy (from Article 232a).
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The growth of e-commerce in the Republic of Serbia
Статья научная
E-commerce has an increasing importance in the world and every year the volume of e-commerce in the world and in all individual countries increases, and Serbia is no exception in this sense. It is the result of the fact that more and more advanced devices (mobile phones, smart watches, computers, tablets) are more and more available, then faster and faster internet and the increasing presence of payment cards and the increasing security of online payments. During the pandemic and lockdown, shopping suddenly became electronic, and the growth was huge – companies were pressured to make rapid digitalization, and although the post-pandemic trend is such that the growth of e-commerce has decreased, it has remained at a high level and is growing. In Serbia, trends follow similar paths. The growth in Serbia coincides with the trend of increasing online trade transactions, as well as increasing the share of mobile transactions. On the other hand, the Serbian market is specific in that the largest niche is occupied by fashion and not books and music as in the West, and the largest supplier is China. Taking over the market from classic, physical stores is not expected. The take-up percentage is too small, unless there is a big shift in the coming years, i.e. unless Generation Z comes to a dominant position with completely different buying habits and suddenly reverses the tendencies, which is very possible.
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Статья научная
The primacy of artificial intelligence (AI) in education has become increasingly relevant in recent times, aiming to facilitate the easier acquisition of material. There is a growing emphasis on the implementation of AI and the search for ways to incorporate it into everyday work. However, this story brings into play ethical, copyright, and many other rights. The text discusses the growing role of artificial intelligence (AI) in education, emphasizing its potential benefits and ethical challenges. It explores the use of models like Generative Pre-trained Transformer (GPT) to enhance learning processes, yet highlights concerns related to transparency and ethics.
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Статья научная
The pandemic of the disease caused by Covid-19 has been of unprecedented proportions thus far. The spread of the virus has an extremely invasive effect on all aspects of human life and activity around the planet. According to the fact that this is a novel virus still spreading, and whose effects are significantly reflected on people’s everyday life and activity, its full dimension and consequences have not yet been fully understood. Regarding the issue itself, this scientific paper reviews the impact of the Covid-19 pandemic on the health systems of Serbia and the Western Balkans region as well as the impact of the pandemic on socioeconomic factors in Serbia. Furthermore, there is a brief analysis of the legislative response of Serbia in the field of protection of the population from infectious diseases, as well as in the field of prescribing mandatory preventive measures for labor safety and health. It also includes the prevention of the occurrence and spread of epidemics of infectious diseases in the work environment.
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Статья научная
This paper discusses the international documentary credentials and its role in the international trade. The appearance of the international trade and the increasing distance of the principal (a buyer or importer) and the creditor’s beneficiary (a seller or exporter) leads to the need to protect both of them as well as the other parties in business. In comparison with other legal institutes in banking business, the most frequent use has the international documentary credentials because, beside being a payment instrument, it has the role of securing claims too. Legal relations in letters of credit are regulated by the Law of Contract.
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The importance of method DNK printing in family law
Статья научная
In 1950. when James Watson and Francis Crick informed the world about the structure of DNK, no one could assume that after tree decade analysis of DNK structure will become basic identification method whit wide field of use. Examine of DNK print represents the newest and most reliable method for detection and contest of maternity and paternity. Based on unique genetic constitution of every human bean it gives us reliable scientific evidence whit almost absolute certainty. Probability of unexpected coincidence of trace between child and person who isn't a father of a child is one against billion. DNK analysis can whit certainty detects genetic parenthood, while the earlier methods could only certainly deny it. Whit multiplication of DNK segments in lab terms in the way which represents copy of DNK replication in live organism, in other words whit technology by chained reaction of DNK polymerase, sufficient number of DNK components is creating and those are necessary for detecting biological inherits and identification of parenthood. Whit DNK analysis it is possible not only to eliminate potential biological parent yet to witness it whit probability over 99, 99%. Advantages of findings in molecular biology have been proved, but on the other side possibility of abuse are wide which leads us to number of legal and ethic dilemma. Absolute protection of DNK genetic structure of an individual isn't possible because of the fact that today there are realistic possibilities of complete genetic material analysis only on the base of one cell which contains nucleus.
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The importance of thought experiments
Статья научная
Living in the world of legal norms seems to be easy: you have rules of conduct guiding you how to behave in a lot of life situations including the fact what will happen to you if you do not obey these rules. In a way, legal norms are predicting the future giving us the guidelines for living. Although the legal system together with its rules tend to cover all areas of social life, there are situations that couldn’t be foreseen at the time of making a particular regulation. These gaps could be spanned by adopting subsequent rules of conduct. In order to predict an event that may occur, and to predict human behavior in these situations as well as a human response to punishment when someone violates a rule, it is good to conduct- a thought experiment. The basis of a thought experiment can be a completely fictitious and even currently impossible event, or a variation of some of the known and possible events. The key question when formulating a thought experiment is “what if”. The answers to this question may start with “then it is possible”, “then it will be”, “it could be” or something similar. The answers will differ in terms of content only on the basis of the values, beliefs and attitudes of the one who answers the “what if” question. In our paper, we will briefly present the concept of a thought experiment, its internal structure, types and, by giving some examples, encourage readers to be more informed about this topic.
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The influence of artificial intelligence on the right of freedom of expression
Статья научная
The right to freedom of thought and expression represents one of the fundamental principles of a democratic and civilized society. The Internet has become the most important communication medium through which the individuals exercise their right to seek, receive and impart information and ideas of any kind, regardless of any frontiers. Various technologies have been used to enable an online communication, while today artificial intelligence systems are deployed in every corner of the Internet, providing information dissemination and communication. The application of the artificial intelligence systems is based on generating, collecting, and processing a large quantity of personal data with the aim of profiling users and predicting their future behaviour. This can have serious consequences for the right to freedom of expression. Through the content personalization on online platforms, particularly on social networks and search engines, the artificial intelligence systems choose the content that users can see and the order in which they see it, leaving them in the so-called ‘filter bubbles’. Artificial intelligence systems also moderate the content, removing the one which does not comply with the rules of the online platforms, and, temporarily or permanently, blocking the users who violate the community rules, raising thus the issues of legality, legitimacy and proportionality of the decisions made by artificial intelligence.
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The influence of family and school in recognizing Covid 19 as a security risk
Статья научная
In this paper, the authors emphasize the importance of awareness of security culture, and define its essential characteristics. By using such an approach, they analyse the phenomenon and features of one of today’s greatest security risks – COVID-19. In addition, the authors also deal with analysing the security culture through the prisms of school and family, as the fundamental institutions having an influence over the education and upbringing processes. They observe security culture primarily through the ways in which these institutions react to the new security risk resulting from COVID-19, which has become one of the greatest security threats all over the world. It means that nowadays people are preoccupied with finding the ways of preserving both physical and mental health, and protecting themselves, and, at the same time, maintaining a normal lifestyle and daily functioning, without fear and uncertainty.
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The legal position of secured creditors in financial restructuring and bankruptcy
Статья научная
The legal position of secured creditors in financial restructuring and bankruptcy is a necessary and essential topic in legal and economic reality for both legal theoreticians and practitioners, particularly nowadays when a wave of global recession has caused difficulties in business and payment. Banks as the largest secured creditors are mostly affected with these difficulties in business. The author of this paper pointed out the modalities of treatment and payment in a proceeding of financial restructuring for secured creditors as well as the most important segments and solutions of protection of secured creditors represented in both the local bankruptcy law and business and court practice.
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Статья научная
In contemporary conditions of an operation of business entities, the importance and significance of bankruptcy and the bankruptcy procedure are indisputable. The establishment of debtor-creditor relations in business operations of legal entities and individuals may lead to the risk of the debtor in a certain business not being able to meet the obligation he/ she has assumed. The roots of bankruptcy as a commercial law institution can be traced as far back as Roman law. The bankruptcy issues in Serbia are governed by the Bankruptcy Law of 2009. According to the importance and essence of the topic of the paper, the subject of the paper analysis refers to the concept and characteristics of bankruptcy as an important commercial law institution. It also includes the aims of bankruptcy and the criteria for its classification, as well as the question of the fundamental assumptions for the implementation of bankruptcy law rules, and the options available to bankruptcy debtors in situations when the causes of bankruptcy are met. The paper focuses in particular on a legal treatment of the initiation and implementation of bankruptcy against legal entities in Republic of Serbia.
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