Статьи журнала - Pravo - teorija i praksa
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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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The military testament in Roman, French and Serbian law
Статья научная
The military testament represents a special form of wills composed in emergency cases. Wills are made by servicemen mostly in situations when they are not enabled to make a regular testamentary disposition of their property. Taking into consideration the fact that this institute emerged in Roman law, the first part of the paper is dedicated to Roman testamentum in procinctu. Subsequently, the second and third parts are designed by the author in such a manner to present the military testament from the point of view of positive law, with a specific reference to the French and Serbian law. The primary goal of the paper itself is to provide the local expert public a more thorough introduction to the causes of a development and features of the given form of a testament. The second goal is related to the fact that the military testament is, in the Draft Civil Code of Republic of Serbia, regulated in the same manner as it is done in the Inheritance Act. Therefore, by indicating the shortcomings found in an already established solution, some suggestions and directions are going to be made for the purpose of their removal or correction in the latest Serbian Civil Codification.
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The minors as victims in a criminal proceedings for criminal offenses against sexual freedom
Статья научная
It is undeniable that the minors represent a particularly sensitive group of the modern society. Criminal acts have a particularly hard impact on the minors, especially children. For this reason, the domestic legislator almost always incriminates an act committed against a minor and/or a child as the most serious or heaviest form of a criminal act. However, in addition to prescribing special, more serious forms of criminal offenses when they are directed against a minor, and in addition to punishing such offenses much more severely, the domestic legislator also intervenes from another angle, guided by the best interest of a child as an absolute imperative, so he prescribes special rules under which the minors can participate in a criminal proceedings for criminal acts directed against them. This paper, starting from the general rules on the position of the injured party, provides an overview of the special rules referring to the minors as the injured parties.
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The normative regulation of the air protection in legislation of Republic of Serbia
Статья научная
Clean environment is a basis of people’s health, but of their daily lives too. Air, water and environment are increasingly polluted under the influence of various threatening factors, which requires a legislative support. Through the provisions of the Law on Environmental Protection (2004), the air protection has in principle been provided, while the specific solutions have been given by the Law on Air Protection (2009), as a lex specialis, which regulates in detail the management of air quality and determining measures, the methods of organizing and controlling the implementation of protection and improvement of air quality as natural values of a general interest enjoying a special protection. In addition to the aforementioned laws, air protection is also regulated by by-laws, namely by various decrees and regulations. The subject of this paper is the analysis of normative solutions for air protection (ambient) according to the legislation of Republic of Serbia and the impact of the important factors on air pollution.
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The operator’s liability for copyright violations committed by users of its platform
Статья научная
The Court of Justice of the European Union has recently issued a judgment in the joined cases C-682/18 (YouTube) and C-683/18 (Cyando) relating to the operator’s liability for copyright infringements committed by users of its platform within the meaning of Art. 3, paragraph 1 of Directive 2001/29 on the information society. In the cited cases of the Court of Luxembourg, there are two specific platforms being concerned: the popular video-sharing platform (YouTube) and the file hosting and sharing platform (Uploaded). The judgment was passed almost a year after the public defender’s opinion had been published. In the meantime, exactly since June 7th 2021, a new liability regime for copyright infringement for certain internet platforms came into effect (Article 17 of Directive 2019/790 on copyright in the single digital market). Although the judgment was passed two weeks after Art. 17. Directive 2019/790 had entered into force, it was of great importance, especially considering the fact that on one hand, not all EU member states had implemented Art. 17 of Directive 2019/790, and on the other hand, the EU, through the Digital Services Act, was trying to modernize European regulations concerning the platforms regulation. In the paper, the author has, after referring to art. 17 of Directive 2019/790, analyzed the judgments in the combined cases of YouTube and Cyando, as well as the judgment of the Court of Justice of the EU regarding Poland’s claim for annulment of Art. 17 of Directive 2019/790. The analysis of the judgment has shown that the regulations on copyright should establish a balance between the rights holders protection on one side, and exercising the basic rights such as freedom of speech on the other side.
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The origin of the civil law codification in Europe
Статья научная
Codification represents the regulation of a certain field (branch) of law by a comprehensive law called the Code (the Civil Code, Criminal Code, etc.). The success of codification depends on two very important conditions: the first one refers to the existence of a dedicated authority, and the second one concerns its implementation in a great country. For the purpose of research, there will be selected the national legislations in order to demonstrate, through various legal systems, how civil codes regulating the field of civil law were originated. Within the scope of this paper, in more detail, we are going to analyze the selected national legislations of France, Austria, Germany, Switzerland and Italy.
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Статья научная
Police duties represent a part of the internal affairs performed by the Police, by applying the police authority, measures and actions. The new concept of combating crime is based on the preventive activities of the police and judiciary. In this sense, the police affairs can be approached from different aspects. The primary role of the police is in the criminal and misdemeanor procedure, but, as it can be concluded in the text of this paper, the administrative activities of the police in preventing, detecting, and solving criminal acts, misdemeanors, and other crimes are also very important. So, the paper deals with the issues that significantly helped the main topic of this research paper to be analyzed in the best possible way. This paper analyzes the issues related to the affairs of the Ministry of Internal Affairs, the organization and competence of the police, the principles of operation of the state administrative bodies, police affairs and criminal and misdemeanor procedure as well as administrative activities of the police in preventing, detecting and solving crimes and other offenses. The primary legal texts being consulted were the Law on Police and the Law on State Administration, in addition to consulting two important Rulebooks in this area - the Rulebook on police powers and the Rulebook on the manner of performing individual police duties.
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The position and authorizations of enforcement officers in the Belarusian legal system
Статья научная
Considering the fact that the profession of the enforcement officer has an increasingly efficient role both in securing and realizing creditors’ claims, which was significantly contributed by the introduction of the system of the enforcement officers as independent, non-state entities in a large number of legal systems (the so-called out of the court enforcement officers), the author analyzes the Belarusian model according to which the profession of the enforcement officer is still a part of the apparatus of the state power and its basic features. In some places, the author will make a comparison with the current position of enforcement officers in Republic of Serbia, and present a conclusion on the efficiency of both models.
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