Статьи журнала - Pravo - teorija i praksa
Все статьи: 699
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
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
Consolidated bankruptcy of related persons
Статья научная
Amendment to the Act on Bankruptcy from August 2014 has significantly worsened the procedural position of persons connected with the debtor through the limitation or exclusion of their rights. The introduction of the restrictive regime for related persons was explained by the need to eliminate the causes which enabled abuses and corruption. It is provided that the persons connected to the debtor are paid off in the newly established last - fourth order of payment and cannot be elected to the committee of creditors in order to prevent outvoting of other bankruptcy creditors by the related persons. An important novelty is that persons connected with the debtor (except those who are dealing with provisions and credit loans within their ordinary course of activities) represent a special class of creditors and do not vote on the reorganization plan which disables abuse by the related parties. Changing position of affiliated entities is also reflected in the exclusion of the appointment of a bankruptcy trustee or an independent expert who monitors implementation of the reorganization plan. It also facilitates the refutation of legal transactions concluded with related parties.
Бесплатно
Статья научная
A characteristic feature of contemporary business and current trends in the market economy is primarily globalization, which has significantly enhanced the possibilities for expanding operations from one market to multiple markets, while simultaneously increasing competitiveness among business entities. Consumer protection in developed market economies is not a new topic; however, under the conditions of globalization, the transition processes of the economy in certain countries, and competitive relations in modern economic flows, this issue has attracted significant attention from the scientific and professional community in recent years. After the introductory section, this paper reviews the concept and significance of consumer satisfaction, specifically addressing the meeting of consumer needs and demands as an economically significant category essential for modern business practices. Furthermore, the paper focuses on the legal provisions related to consumer rights protection and the prohibition of unfair business practices. The concept of consumer protection is safeguarded by the Constitution of the Republic of Serbia, while consumer rights protection and the prohibition of unfair business practices are primarily regulated by the Law on Consumer Protection and the Consumer Protection Strategy for 2019-2024.
Бесплатно
Consumers' lending in the European Union
Статья научная
Modalities of consumers' protection at consumers' lending in the European Union Member States are provided with a special directive of the European Parliament and the Council (the Directive 2008/48/EZ on contracts of consumer credit). Although this area has been regulated in the European Union by the directives since 1987 (the Directive 87/102/EEC), because of an economic crisis, it was increasingly coming to the fore that a consumer, as a weaker agreement party, was not protected enough. The Directive 2008/48/EC on contracts of consumer credit is based on the principle of a maximal harmonization and it regulates a minimal legislative framework for each of the member states.
Бесплатно
Contract with hereditary effect: Contract on the assignment and division of the property for life
Статья научная
Contract on the assignment and division of property for the life is a contract between predecessor and his descendants, that products also law hereditary effects. Contract on the assignment and division is producing hereditary effect in the event that the assignment and division is agreed by all descendants children's who will be invited by law to inherit. The contract was made in the form that is stipulated by the Law on the inheritance. Contract on the assignment and division of the property for life, is characterized by and have the following effects: legal obligations and legal inherit effects . Predecessor contract may include all the property that exists at the time of assignment and division, but can also include only one part of the property. The subject of inheritance may be just what is not included by valid contract on the assignment and division. The contract must be made in writing, under the threat of nothingness. To revoke the contract is authorized by the person who has initiated the contract. The reasons may be the same as those for which a person can exclude from heritage, but also may be other circumstances.
Бесплатно
Статья научная
One way to end a civil proceedings is to reach a court decision, which can be in the form of a judgment or in the form of a ruling. The judgment shall decide on the merits of the claim fled. The content of the legal protection provided by the judgments is divided into condemnatory, declarative and constitutive ones. According to the manner in which they are rendered, there are complete, partial, intermediate and supplementary judgments. This paper will address the types of judgments according to the fact how parties are treated or held in a litigation. Depending on the legislation, we will see that in some solutions there are certain judgments not present in other legislation. In the legislation of Republic of Serbia there are contradictory verdicts, the verdicts on admissions, verdicts on waiver, the judgment on absenteeism, judgment on omission and judgment without hearing. Comparative legislation refers to the legislation of Croatia, Slovenia, the Federation of Bosnia and Herzegovina, Republika Srpska, Northern Macedonia and Montenegro.
Бесплатно
Статья научная
Achieving a sustainable development should be one of the top priorities for the whole society. However, achieving a sustainable development is a complex function of different economic, social, institutional, political and historical factors. By implementing the corporate social responsibility, companies contribute to a sustainable development of the entire social system. According to the fact that it is not entirely clear at the micro level what corporate social responsibility involves, and that most of the company-level social activities are voluntarily initiated, it is necessary the institutional bodies encourage socially desirable forms of corporate behavior and implement the legal framework to business obligations to elicit responsible business procedures. Though responsible corporate business is highly desirable, companies have to consider the fact that the corporate interests and corporate social responsibility will always be constrained by the profit-maximizing prerequisites and general economic circumstances.
Бесплатно
Corruption as a negative social phenomenon
Статья научная
This paper analyzes the problem of corruption as a phenomenon, a negative and illegal social phenomenon, which is contrary to the rules of normal functioning of the society. It implies to very serious consequences which can produce a real threat and the possibility of adopting corruption as a negative model of life and activity, that is, the functioning of the society, personified in several corrupt individuals and groups. The state continuously applies anti-corruption mechanisms. However, a phenomenon that is difficult to eradicate is the multitude of individual cases of offering, giving, or soliciting bribes in certain everyday life circumstances. We are worried about the researches indicating that a large number of the state institutions are exposed to corruption, including the officials employed in these institutions using corrupt actions during the performance of their regular work. The basic question that arises is whether a certain number of citizens who do not accept corruption over time become “antisocial” in relation to the individuals representing a part of the society which accepts it as an adopted model, or a way of living and normal functioning being contrary to law and the commitment of the state in the fight against corruption. The aim of the research is how to prevent the adoption of the corruption model as a “value”, by reporting it to the competent authorities in Republic of Serbia, including the fight against corruption through the socalled “Romanian model”, proved to be very effective in fighting corruption.
Бесплатно
Criminal act of causing bankruptcy: Specific characteristics and features
Статья научная
Economy, as the total of production, exchange, distribution and consumption, is a basis for functioning of every society. For this reason, the state is particularly interested in its smooth functioning by providing protection. The criminal law protection is just one aspect of that protection. The criminal offenses against economy are heterogeneous, since the relationships in which economic subjects enter by doing their activities are numerous and diverse. In this sense, their common characteristics cannot be discussed. However, since the totality of these relationships makes the economic system, it represents their common protection object. Due to the content diversity, the crimes of this group can be divided into subgroups, and one of these divisions could refer to general and special crimes against eco nomy. General criminal offenses can be committed in every branch of economy, and the special ones in certain branches. The criminal offense of causing bankruptcy belongs to a group of general criminal offenses against economy. Accordingly, the authors will point out the specific characteristics and basic features of the criminal act of causing bankruptcy.
Бесплатно
Criminal act of violation of equality: Scope and specificity
Статья научная
The basic principles underlying every democratic society are the rule of law, respect for human rights and freedom and equality of all citizens. Discrimination is a direct violation of these principles. Protection against discrimination requires an effective social reaction which involves taking appropriate measures in the first place of a preventive, and then repressive character. In the system of repressive measures, the criminal justice measures occupy a significant place. Their application must enable the sanction not only of violence, due to racial, ethnic, religious or other diversity, but also the incitement to such behavior. This requires monitoring of international standards in this area and their implementation in domestic legislation. The numerous changes and amendments of the Criminal Code also intervened in the sphere of personal rights and freedoms of man and citizen, in addition to the existing ones, as well as the introduction of new incriminations that protect these rights. The legal description of the criminal offense of violation of equality represents a specific definition of discrimination and the basis from which other crimes that violate the rights and freedoms of man were defined. This criminal offense provides the most complete criminal justice protection of human rights.
Бесплатно
Criminal analysis of the offense – abuse in the privatization process
Статья научная
Compatibility with the standards of the European Union in terms of the criminal law regulation of all offenses that disrupt economic flows and values in a country, greatly affects, among the other things, the stability of economy as a basic social activity. The consequences of all individual criminal acts can have a very strong impact on certain aspects of economic relations. Comprehensive criminal regulation does a lot in the field of economic stability. Bearing in mind the topic of this paper, after a brief theoretical overview of the concept of privatization, the paper provides a criminological overview of the causes and forms of criminal behavior in the privatization process, as well as a criminal law analysis of the criminal act of Abuse in the privatization process. Abuse in the privatization process is a criminal offense regulated by the Article 228a of the Criminal Code of Republic of Serbia (2005), and it is classified in the twenty-second chapter entitled “Criminal offenses against economy”. The criminal act of Abuse in the privatization process belongs to criminal acts violating the rules of legal business operations.
Бесплатно
Статья научная
Undoubtedly, one of the leading movements at the global level in the past few decades was the movement for the global and intensive protection of the human environment, that is, the affirmation of the right of man to a healthy environment, as a distinct right. Bearing in mind the importance of a healthy environment and the importance of its protection, which has grown from a social need into a legal imperative, it is certainly justified to establish the environment as an independent and primary collective object of protection within the domestic criminal legislation. Taking into account the tendencies on the international and comparative level regarding the regulation of the criminal law protection of the environment, the domestic legislator dedicates an entire chapter of the Criminal Code precisely to incriminations that have the environment as an object of protection, in various forms. As the first offense provided for in Chapter 24 i.e., Criminal offenses against the environment, the legislator defines the general and most significant criminal offense from the group of criminal offenses against the environment, namely, Environmental pollution. This paper is dedicated to the analysis of this criminal offense in domestic criminal legislation, with reference to individual solutions contained in the legislation of the Republic of Croatia and pointing out their differences.
Бесплатно
Criminal offense of inciting national, racial, and religious hatred and intolerance
Статья научная
In our region, multi-ethnicity, multi-confessionalism, and multilingualism are common phenomena, and therefore the challenges they face are not exceptions. With the emancipation and transition of countries in the region, accession to the European Union, states have brought new legislative frameworks in which they have recognized long- standing personal characteristics of their citizens, provided protection for these characteristics, and criminalized attacks based on these personal characteristics, as well as incitement of hatred and intolerance based on the same. This paper presents the criminal offense of inciting national, racial, and religious hatred and intolerance, within the framework of constitutional and particularly criminal law. Special attention is paid to the analysis of the legal framework and the provision of the offense in the legislation of the Republic of Serbia, the actions and methods of committing this criminal offense. Additionally, attention is given to the analysis of motives and reasons, as well as the consequences of committing this offense, questions of causality and possibilities of concurrence with other criminal offenses. Some important characteristics of this criminal offense are also discussed, such as: place, object, time, perpetrator, and form of guilt for the execution of the crime.
Бесплатно
Criminal offenses against official duty with a focus on the object of the criminal offense
Статья научная
The very title of the group of criminal offenses against official duty reveals their object of protection, which is the conscientious and responsible performance of official duties. However, these criminal offenses endanger various protected values, such as citizens’ freedoms and rights, their physical and psychological integrity, their property, and others. In this context, the distinction between the object of the act and the defined object of protection for this group of criminal offenses becomes evident. This means that it is necessary to differentiate between the immediate object targeted by individual criminal offenses within this group, the socalled object of attack, and the established object of protection, which is the general value being safeguarded. The subject of this paper is the analysis of legal norms related to individual criminal offenses with a focus on distinguishing between the object of protection and the object of the act. In this regard, we will compare the elements of certain criminal offenses against official duty, primarily those in which the objects of the act differ, while the object of protection, according to their classification, remains the same. The aim of the paper is to determine whether the existing criminal offenses against official duty, with reference to the object of the criminal offense, are properly systematized within this group of criminal offenses, and to explore possible ways to address the identified shortcomings.
Бесплатно
Статья научная
Based on the data from official documents of the Republic Statistical Office and judicial institutions of the Republic of Serbia, the paper analyzes and presents the results of research related to the threat to property and real rights in the Republic of Serbia in the period from 2009 to 2019. We performed the analysis of available data in order to detect the “loss of crime” in a group of crimes aimed at protecting property. The purpose of this paper is a causal analysis of crimes against property in the entire territory of the Republic of Serbia with the aim of revealing causal relations and links between the number of reported, accused and convicted persons for these crimes, to determine the degree of loss of crime and take systemic measures to reduce that loss measure, in accordance with the standards of developed countries.
Бесплатно
Criminal profilers – human lie detectors
Статья научная
For a long time, people have demonstrated a natural tendency to analyze and assess fellow humans as well as animals, objects, and similar entities, even in everyday scenarios. However, it is a little bit strange that criminal profiling became integrated into standard investigative practices within law enforcement not before the 1980s. Criminal profilers primarily fulfill their role by working on the resolution of intricate crimes where the identity of the perpetrator is unknown. On the other hand, they also have a suppressive impact, and to a lesser degree, a preventive influence, which is enhanced by considering the risk factors associated with the emergence of criminal behavior, as well as the study of criminal phenomenology. The techniques employed in criminal profiling aid in the timely identification of symptoms that indicate a combination of biological, social, and environmental factors, including learning and situational elements. As we navigate through the factors contributing to the development of criminal behavior, as well as the suppression and prevention of crime through the efforts of criminal profilers, we reach the significance of their role in detecting deception and the essentiality of human presence and intervention in diverse formal conversations, encompassing law enforcement, social work, and education. The aim of this paper is to systematically shed light on the factors contributing to the development of criminal behavior, to investigate the phenomenology of crime and to highlight the role of criminal profilers in the prevention and suppression of crime, as well as to analyze their role in the process of lie detection, while giving recommendations for the incorporation of profiling techniques into the body of knowledge and skills of teachers, pedagogues, psychologists, social workers, and others. The methods used in this study include a quantitative and qualitative analysis, using primary and secondary sources, as well as a comparative analysis.
Бесплатно
Criminology characteristics of crimes against the person
Статья научная
Crimes against life and limb are crimes that constitute a violation of the physical and mental integrity of a person, and are classified as crimes of violence. These criminal acts have been subjected to penalty ever since the first written regulations or codes appeared with the aim to preserve and protect life and body as the most important human and social values. Having in mind the consequences of committing crimes against life and limb, it is clear that the primary task of every state is to work towards their suppression. The precondition for the realization of this task is reflected in the exploration of their criminological characteristics in order to create effective prevention measures through the understanding of the causes of this phenomenon and a comprehensive approach.
Бесплатно
