Статьи журнала - Pravo - teorija i praksa
Все статьи: 726
The United Nations Convention on the International Agreements of Solving Disputes through Mediation
Статья научная
The United Nations Convention on International Agreements resulting from Mediation is significant because it regulates the cross-border enforcement of agreements reached in mediation and seeks to provide a single, effective framework for the recognition and enforcement of these agreements, which resolve international trade disputes. The global importance of this Convention is of a great importance, which is indicated by signing the Convention by three countries with the largest world economy: the USA, China and India. The purpose of this Convention is to promote the enforcement of international agreements arising from mediation, in the same way as the New York Convention on the Recognition and Enforcement of Foreign Arbitrary Decisions facilitates the recognition and enforcement of foreign arbitrary decisions. As the New York Convention regulated the field of enforcement of foreign arbitrary decisions, mediation in this field had a legal void. Such a legal void made cross-border mediation impossible, which the Singapore Convention eliminated. The number of countries signatories is the best indicator of the actual need of the international economy for this type of dispute resolution. Therefore, the topic of this paper will be an overview of the main contents of the Singapore Convention.
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The analysis of the structured financial transactions as alternative sources of financing
Статья научная
It is undeniable that global financial institutions are facing the major changes taken place during the last few years. Starting with the continuous tightening of both legal and financial regulations, preparation for the introduction of Basel 3, consolidation of the industry itself, the introduction of new information and communication technologies, enhanced safeguards to prevent money laundering, globalization of financial functions and capital markets, the traditional structure of the financial services industry has suffered many changes. Technological changes have reduced the transaction costs and accelerated the transfer of knowledge between the countries all over the world. There have emerged the modern forms of financial instruments crossing the barriers of national markets. Complex financial transactions unite all participants in the global market and, at the same time, they form the relative prices of all goods, services and capital. This paper aims to analyze the mechanism of realization of the structured financial transactions of banks and specialized institutions as alternative sources of financing in the global financial market.
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The application of digital technology in business registration
Статья научная
The application of digital technology has succeeded, on the one hand, in facilitating the business and whole life of the modern humans, and, on the other hand, in slightly putting in the background the long-maintained habits and values that have become obsolete and unnecessary with digitalization. Almost the entire year of 2020, due to the global pandemic and restrictive measures, as well as business in it, has been reduced to the virtual world and digitalization. Although the application of new technologies is not new, this year it has received a special treatment, and the business entities have been required to adjust their business, the work from home, the online work, through various Internet applications with which help there can be organized certain meetings, seminars, educative programmes, conferences as well as closer business contacts with a picture and tone being alive. So, digital technologies have, in this socalled. Covid19 year, taken over our entire, both business and a large part of private life. However, if the focus is put on a lot of positive aspects of the application of new technologies, especially in modern business, where their application saves time and energy, and thus money, then a digital registration of business entities is certainly one of them. For example, in Serbia, since 2018, with a few clicks, it has been possible to electronically register a one-member or multi-member limited liability company and an entrepreneur. However, the application of digital technologies in the process of registration and setting up the business entities has existed much longer than the e-registration. Along with the increasing application and importance of digital technologies in this area, there are opened up some new dilemmas and emerged new challenges that modern business entities have to be faced. The same thing can be applied to the new challenges the registration authorities are faced.
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The calculation of earnings and wages compensation as executive documents
Статья научная
Recent amendments to the Labour Act put a significant issue in front of the scientific and professional public: whether employees, by amending of Article 121, received an important institute of protection of individual rights or whether, in practice, we are talking about a difficult to operate Institute of rights protection. Will the provision providing the fact that the calculation of earnings and wages compensation represents an executive document allow the employee to quickly and easily exercise his/her right to remuneration which he/she had not been paid by the employer and thereby reduce the number of labor disputes, or, will it be 'drowned' in a continuous interpretations of stakeholders and become stultified. Generally speaking, neither of parties are fully satisfied with the adopted solutions which amended the Labour Act. By giving certain dilemmas and attitudes being presented in this study, I want to contribute only to a clearer and more precise formulation of the individual labor law institute, and thereby, in the near futurity, to the facilitation of the implementation of laws needed to be clear and available to all employers and employees.
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The causes of economic crime and the review of its effects in the business field
Статья научная
Economic crime is a serious security risk, which is present in every country. The factors of current economic, social and broader societal conditions of global trends are considered to be the general factors contributing to the causes of economic crime. If a country’s economic system is established on solid foundations, fully respecting the market economy laws, such a system is less exposed to various forms of criminal attacks. Bearing in mind the importance as well as the complexity of the matter of economic crime, this academic paper deals with the etiology of economic crime as a phenomenon. The study includes a general criminological review of the above-mentioned topic, with a special emphasis on the review of the economic crime causes in Republic of Serbia. It is evident that the emergence and development of new types of economic crime, as well as the refinement of already existing ones, have had a significant impact on the operations of business entities and on the national economy as a whole. The causes of economic crime that are deeply rooted in a particular society have an extremely negative impact on the trust given to business entities and their stable operations. The roots and causes of economic crime are based on the contradictions of socioeconomic relations, which affect the outward forms of this kind of crime, and represent the result of a series of political, economic, geographical, legal, moral, cultural and other factors, which fundamentally negatively affects the overall economic stability.
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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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