Статьи журнала - Pravo - teorija i praksa
Все статьи: 776
Статья научная
Economic crime is a constant and rather dynamic negative social phenomena which skillfully adapts to the social-economic and political situation in society. Fraud in the field of industry and production is a characteristic and a conspicuous form of economic crime in the legal doctrine. The motive behind committing fraud is typically personal gain, with perpetrators utilizing their positions in business or official authority within a state or public institution to obtain an illegal advantage in the form of money or goods. This paper, focusing on the subject, begins with defining the term and describing the characteristics and main classifications of economic crime. This part is followed by an in-depth analysis of a characteristic form of economic crime in legal theory, specifically fraud in the field of industry and production. Despite adequate legislation at both the European and national levels, current control systems in the field of industry and production may be perceived as insufficient to prevent fraud in a timely manner. Besides, the modalities of committing fraud in this sphere have continuously evolved and adapted to current business circumstances and the legal framework, which is why the perpetrators very often succeed in evading detection and sanctioning of the committed fraud. Considering the transnational nature of fraud in the field of industry and production, it has become evident that security procedures need to extend beyond national frameworks and include international measures.
Бесплатно
ChatGPT – another step towards the digital era or a threat to fundamental rights and freedoms?
Статья научная
Artificial Intelligence (AI) constitutes one of the most fundamental pillars for the implementation of the EU Digital Agenda. It corresponds to the tremendous ongoing technological evolution which is marked by the spread of the digitalization in both private and public sector. AI tools provide numerous services, such as faster decisionmaking, performance of multiple tasks and repetitive jobs on our behalf and diagnosis of risky situations. This paper puts a special emphasis on the ChatGPT which is considered the most illustrative representative of the current AI technology. Within a minimal time of its existence this innovative viral chatbot has started to dominate the world of AI. However, its use raises serious legal and ethical risks for our privacy and protection of fundamental rights and freedoms, born by the lack of a binding regulatory framework governing AI. Therefore, at first level, this study focuses on the legal regime which governs the use of ChatGPT, by interpreting the legal status, after giving a short demonstration of its function and services (Section I). Secondly, a critical approach will be pursued focusing on special issues regarding this new AI tool on the basis of its application in practice at the area of journalism (Section II). Following that intense analysis, the paper aims to lead to fruitful and original conclusions with the ultimate goal to enhance the establishment of a powerful, safe and trustful digital environment.
Бесплатно
Статья научная
As a necessary consequence of the strengthening of human rights, there appears the idea and movement of the existence of the child rights separated from the human rights. These are the rights which will pull out the child from the grip of the powers not only of the state, but also of the parents, and will allow the child to be viewed as a separate human being, with his/her own rights, his/her own identity, integrity and dignity. This idea will be spread so much by the end of the twentieth century that it will lead to significant phenomena and changes at the international level. Normative activity within the United Nations has never produced such a result as the UN Convention on the Rights of the Child. An almost universally accepted legally binding document has, in an extremely short period of time, set fairly high uniform standards of children’s rights at the global level. We will see that the domestic legislator did not follow the tendencies of the international community to a sufficient extent, so it was only in 2019 he took certain political steps to correct the given situation, but without sincere desire or strong will enough to complete the procedure. In contrast to the universal level where the child rights de facto codified in the UN Convention on the Rights of the Child, at the national level they remain fragmented, with many gaps recognized by the domestic public authorities.
Бесплатно
Ciljevi novog sistema finansiranja lokalne samouprave u Republici Srbiji
Статья научная
Donošenjem Zakona o finansiranju lokalne samouprave 2006. god. u RS, izvršena su usklađivanja sa Evropskom poveljom o lokalnoj samoupravi i preporukama Komiteta ministara Saveta Evrope koja se odnose na finansiranje lokalne samouprave. Zakon je dobio i pozitivnu ocenu eksperata Saveta Evrope i Svetske banke. Na osnovu ocene o postojanju prevelikih razlika u visini raspoloživih sredstava između jedinica lokalne samouprave, glavni akcenat promene u novom sistemu finansiranja, koji je stupio na snagu 2007. godine, je upravo svođenje ovih razlika na prihvatljiviji nivo, kroz dizajniranje efikasnijeg sistema horizontalnog ujednačavanja. Pored navedenog cilja, zajedno sa svim drugim zainteresovanim učesnicima, koncipirani su i drugi ciljevi novog sistema finansiranja, koji se pre svega odnose na poboljšanje transparentnosti, stabilnosti i predvidljivosti sistema finansiranja, jačanje autonomije lokalne samouprave i institucionalizaciju saradnje između centralne i lokalnih vlasti. Kada je finansiranje lokalnih zajednica u Srbiji u pitanju, osnovno pitanje je kako na racionalan način obezbediti dovoljne prihode opštinama i gradovima za nadležnosti koje im pripadaju. A sve to da bi se potrebe građana zadovoljile u skladu sa mogućnostima koje im pruža lokalna zajednica i zemlja, a i da bi se izbeglo preterano zaduživanje lokalnih zajednica.
Бесплатно
Citiranost radova prof. dr Slavka Carića u citatnoj bazi SCIndeks
Статья научная
U ovom istraživanju bibliometrijskim metodama urađena je citiranost radova prof. dr Slavka Carića (1936-2006) u citatnoj bazi SCIndeks. Prilikom analize nije uključeno mišljenje niti ocena recenzenata jer su svi neophodni podaci dostupni u pomenutoj bazi (SCIndeks). Polazeći od činjenice da je citiranost jedan od najvažnijih kriterijuma za vrednovanje naučnog rada određenog naučnika, i u ovom istraživanju citiranost je bila relevantan pokazatelj naučnog rada prof. dr Slavka Carića, koji je veoma cenjen naučni radnik iz oblasti privrednog prava i međunarodnog privrednog prava kako u našoj zemlji, tako i u inostranstvu. Autor je brojnih udžbenika i članaka iz ovih oblasti. Analiza citiranosti urađena je za vremenski period od 1991. do aprila 2012. godine.
Бесплатно
Climate changes in the practice of the UN Committee on the rights of a child
Статья научная
Environmental degradation and climate changes have been the focus of the international community for decades. The impossibility of full and effective enjoyment of human rights caused by climate changes has been a constant reminder of the fact that an urgent reaction is required. However, what about the rights of those who depend on us and whose voices we have avoided hearing? What about the youngest among us, about whose future we selfishly and without any right decide? The latest research shows that children suffer more than adults from the consequences of climate changes. In the paper, the author highlights the lack of the child’s rights protection by the UNCRC, violated by side effects of climate changes, and the dedication of the CRC to provide the protection of these rights through the General comment no. 26. Analyzing the process of creating the General comment no. 26 and its content, it was shown how the joint participation of both children and adults can lead to results giving hope for the future. Nonetheless, in concluding remarks the author expresses her doubt regarding the abidance of stipulated obligations for the States, because of the non-committal nature of the CRC’s General comments, calling into question the significance of the General comment no. 26 itself.
Бесплатно
Co-ownership rights on the "Slatina" water supply
Статья научная
The paper provides and analyzes the example, the primary source of the legal property law, the “Slatina” Water Supply Resolution. There are presented general remarks on the institute of co-ownership including solving the issues of regular and particularly extraordinary management of the subject of co-existence, i.e. the water supply. The co-owners requested the adoption of rules, order and legality, on the basis of which the interests of everyone would be protected in the matter of the water supply usage. Finally, the conclusion emphasizes the importance of the co-ownership institute in the development of an individualized system of the market economy and suggests a future solution overcoming the situation of an absent co-owner whom, at that moment, it is impossible to be found.
Бесплатно
Combatting late payments in commercial transactions in the European Union
Статья научная
The lack of financial discipline in payments in commercial transactions between entrepreneurs and persons of public law is a perennial problem of the European economy. Late payments cause insolvency and complicate financial management of undertakings, which greatly reduces their competitiveness and profitability in the market. The risk of these adverse effects significantly increased in the period of the economic crisis. This article conducts a juridical and economic analysis of European legislation on combatting late payments in commercial transactions with a special accent being put on Croatian legislation, as the youngest European Member State.
Бесплатно
Статья научная
As a part of the presentation in this paper, we will deal with one of a number of specifc characteristics arisen while determining the criminal responsibility of perpetrators of international crimes, the one related to the institute of command responsibility, which are familiar with the statutes of both ad hoc tribunals (the Statute of the Tribunal in the Hague of 1993 and the International Criminal Tribunal for Rwanda of 1994), as well as the so - called the Rome Statute from 1998. In these statutes, it is set in such a way that, in one of its parts, it contradicts the basic criminal law institutes (the principle of individual subjective responsibility, the principle of justice). However, in accordance with the assumed international obligations, this institute was introduced to the criminal law system of Republic of Serbia on January 1st 2006, by prescribing, within Article 384 of the Criminal Code of Republic of Serbia, a real criminal offense of omission, which is also the subject of this paper.
Бесплатно
Commercial contracts and their form
Статья научная
Business entities, in their everyday operations, make a great number of contracts, without which their business would not be possible. However, not all contracts concluded by business entities are, at the same time, the so-called commercial contracts. As far as contracts in economy are concerned, there is a large number of specific characteristics in relation to civil law contracts, so it is very important to first determine their particularities and then identify them as commercial contracts. One of these specificities is, of course, also the rules concerning their form, or the form of making commercial contracts, where there are special types of conclusions not known in the civil law and civil law contracts, regardless the fact that they have been regulated by the same law - the Law of Contract being in force, with certain amendments, since 1978.
Бесплатно
Common law and the institute of blood vengeance
Статья научная
Common law is one of the oldest forms of legal regulations that developed through unwritten rules and norms of behaviour that were established in the earliest communities. This law was based on customs adopted by the members of social community and passed down from generation to generation. In the absence of codified laws, customs made it possible to maintain social order and resolve conflicts within the community. One of the most well-known norms of common law was the institute of blood vengeance. It represented a way of maintaining balance and it could be said to embody ‘justice’ within the community, reflected in the practice where murder or injury was reciprocated with the same measure towards the perpetrator or his family. In the earliest periods, this rule was deeply rooted in the belief that only revenge could restore lost honor and establish balance within the community. Given the importance of the institute of blood vengeance, this paper will analyze when and in which documents blood vengeance was first mentioned, its characteristics, as well as its two institutions – oath and conciliation. These institutions, by their origin and purpose, can be said to oppose this custom, and within them, certain elements for its suppression can be found.
Бесплатно
Comparative analysis of public agencies in Croatia and Sweden
Статья научная
Although public agencies have existed for several decades, in Serbia, they are new forms of government bodies. The aspiration to modernize the public administration and harmonize it with modern trends can be an opportunity to see the stages of development and models of control and autonomy of the agency from the decades-long development of Swedish public agencies. The example of Croatia will show the potential of the former socialist state for such reforms and how important reforms are on the road to the European Union in the XXI century. Through the analysis of relevant literature and a comparative method, there are presented the reforms of public agencies being implemented in selected countries since their first appearance till nowadays. This paper focuses on the process of creation and development of public agencies in Sweden and Croatia, as members of the European Union, whose development of a public administration differs significantly, all in order to answer the questions: How much do public agencies contribute to decentralization? Are these bodies necessary for the approach and accession to the EU?
Бесплатно
Статья научная
Temporary seizure of objects represents an evidentiary measure in modern criminal procedural law, aimed at securing items that may be of significance for proving facts in criminal proceedings. This evidentiary measure is prescribed by the Criminal Procedure Code of the Republic of Serbia. Its specific characteristic lies in the fact that it may be undertaken independently or within the execution of other evidentiary measures-most commonly during on-site inspections and searches-when items are also temporarily seized. This evidentiary measure holds an important place in ensuring the principles of a fair and efficient criminal procedure, as it enables the collection and preservation of material evidence essential for establishing facts in the course of criminal proceedings. The validity of this procedural action must be accompanied by a certificate of the temporarily seized items, which is issued to the person from whom the items are taken and represents its formal element. It is also of particular importance that the seized items be individually listed and described, both in the certificate and in the official record of the evidentiary action, which is prepared by the authorized officials during its execution. This paper analyzes the evidentiary measure of temporary seizure of objects within the criminal procedural law of the Republic of Serbia, with the aim of emphasizing its significance. In addition, through a comparative review of legal solutions in Austria, the Federal Republic of Germany, and the Russian Federation, the paper examines different approaches to regulating this measure. The analysis includes the conditions and procedures for its application, the legal position of the person from whom the objects are seized, as well as the process of returning temporarily seized items.
Бесплатно
Compensation for damage resulting from the unlawful conduct of public enforcement officers
Статья научная
The liability of public enforcement officers for damage caused by unlawful conduct is grounded in constitutional guarantees, standards of professional care, and the rules of the law of obligations. The right to compensation for damage derives from the principle of the rule of law and the state’s duty to ensure the effective enforcement of court decisions, applying a heightened standard of care inherent to holders of public authority. The current legal framework provides for the personal and unlimited liability of enforcement officers, while excluding state liability, which raises questions regarding its compatibility with legal certainty and the case law of the European Court of Human Rights. As a sustainable solution, strengthening professional standards, mandatory professional liability insurance, and the subsidiary liability of the state in exceptional cases are proposed.
Бесплатно
Статья научная
One of the oldest human activities is the trade of goods, services, money and other property values both within a country and abroad. Foreign trade business has an exceptional importance for socio-economic relations between countries. Each state independently regulates the trade of goods and services. However, no state economy is self-sufficient, so its need to join the international markets is quite justified. Through a mutual trade cooperation, states transfer the effects of the concluded agreements beyond their borders, and the need for the unification of certain norms is absolutely necessary, as well as the regulation of the issue of a breach of contractual obligation and compensation for damages as a consequence resulting from such a thing. Some countries have a fear of ratifying the international rules, because they think that the accepted solutions would be contrary to their national legislation. There is mentioned only one of the reasons for the states resistance, as well as the difficulties in achieving the unique acceptable solution. This paper analyzes the concept, the importance of foreign trade business for countries, then the rights and obligations of the contracting parties and the compensation for damage due to a breach of a contractual obligation by non-performance in the sales contract.
Бесплатно
Статья научная
Compensation for non-material damage for mental anguish suffered as a result of unlawful deprivation of liberty and wrongful conviction represents one of the forms of compensation for non-material damage. The Constitution of the Republic of Serbia directly guarantees the fundamental rights and freedoms of every person. Violation of an individual’s psychophysical integrity is prohibited. Everyone has the right to personal liberty and security (Article 27(1) of the Constitution of the Republic of Serbia). Deprivation of liberty is permitted only on grounds and in a procedure prescribed by law. In the event of unlawful deprivation of liberty or wrongful conviction, the injured party’s freedom and dignity—and consequently their reputation in society—are jeopardized. Although the presumption of innocence applies, the proceedings themselves constitute a source of discomfort and stress for the person against whom they are conducted. Such a person suffers mental anguish as a result of unlawful deprivation of liberty and wrongful conviction. In view of the foregoing, the aim of this paper is, on the basis of statutory regulation and relevant judicial decisions, to present general legal solutions in a more concise and systematic manner, as well as to outline the procedure for exercising the right to this type of compensation for non-material damage. The paper also seeks to clarify the subjective and objective circumstances that courts assess when determining the amount of compensation and the merits of the injured party’s claim for nonmaterial damage, and to point to inconsistent judicial practice that should be harmonized.
Бесплатно
Compensation of damages in the criminal law of the Republic of Serbia
Статья научная
Actuality on finding appropriate criminal sanctions has never lost significance. The practical actions of the legislator and theoretical considerations were related to criminal sanctions and special punitive measures. It is often stated in the literature that sanctions are specific in that they are aimed at protecting the general interests of a particular community. In the system of penalties for property fines belong to the group of the earliest known ones, they were accepted for the undoubted repressive and educational influence. The ways of their prescribing, measuring and pronouncing, as well as other relevant issues are the topics of this paper.
Бесплатно
Статья научная
Insurance represents a business activity which is becoming increasingly important for all trends in society. Namely, all commercial and other activities beneficial to society, by means of an insurance policy, ensure the safety of business, regardless of any risks that may arise. As a result, a competent and professional performance of insurance business, which among other things protects the rights and interests of insurance service users is crucial for this business activity. That is why we, in this paper, put a particular emphasis on the obligations of a competent and professional performance of the insurance business, which are stipulated by the EU Directive on insurance distribution, as well as by the National Bank of Serbia Guidelines on minimum standards of conduct and a good practice for insurance market participants.
Бесплатно
Computer related crime: The decision of the Council of Europe
Статья научная
The significance of information and communication technologies has created the need to establish worldwide measures and mechanisms for the protection of both the society and individual against abuses in this area, through adopting appropriate legislative solutions and improving the international cooperation. The result of these efforts, among other things, is the adoption of the Council of Europe Convention on Cyber crime, which has, in the opinion of the international community, established minimum standards that are necessary to meet the national legislation in order to effectively combat the abuse of high technology.
Бесплатно
Conceptualizing judicial transparency and public trust - Frameworks for community-centered justice
Статья научная
Judicial transparency and public trust represent the foundations of a functional rule of law and democratic governance. Transparency encompasses institutional openness, procedural clarity, and the public perception of fairness, forming the basis for accountability, equitable justice, and participatory governance. Despite growing global efforts, achieving substantive transparency remains a significant challenge for judicial systems. This paper examines the theoretical underpinnings of judicial transparency and trust, presenting a universal framework for integrating these principles into justice systems. Through a comparative analysis of global case studies, it identifies applicable strategies—including the use of emerging technologies such as artificial intelligence (AI) and blockchain—to improve transparency, enhance inclusivity, and address systemic inequalities. The findings show that transparent practices and participatory mechanisms strengthen public trust and inclusivity, offering practical guidance for future reforms.
Бесплатно
