Review paper. Рубрика в журнале - Pravo - teorija i praksa
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 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 problem of synthesizing financial statements in reorganization during the bankruptcy process
Статья научная
The subject of the paper is solving the problems arising from the use of highly synthesized financial statements. The paper presents a model by which highly synthesized financial data can be used for the needs of reorganization in bankruptcy management. Financial and accounting data are frequently synthesized, i.e. organized in such a way that they largely hide the details of the business. The act of synthesis is needed in order a general picture of a company’s business to be created. Financial statements such as balance sheets and income statements represent typical examples. In the paper, there are used several research methods to formulate the models for the efficient use of highly synthesized financial statements. The basic method used in the research was the case study method, then the modelling method, and, as an auxiliary method, there was used the documentation analysis method. The case study analyzed the main indicators being important for the bankruptcy. We analyzed six companies which were in the process of reorganization in bankruptcy, and the analysis identified common characteristics served as the starting points for the next method. The next method used was the modelling method. This method was a logical continuation of the previous method by which a new model was formulated. As a tool in modelling, there were used the block diagrams, which graphically showed all important elements and relations. The auxiliary method used was the documentation analysis method. It is a historical method and an integral part of the previous two methods. The aim of the paper is to increase the efficiency of the use of highly synthesized financial statements in bankruptcy management.
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The protection of juveniles in a criminal proceedings
Статья научная
In recent years a significant attention has been paid to the protection of juveniles in the context of a criminal procedure. It cannot be denied that the participation of juveniles in these proceedings could be the cause of secondary victimization and trauma. In addition, the specific position of the child established by the UN Convention on the Rights of the Child requires the minors to be allowed to actively participate in a criminal proceedings and to be adequately informed about various aspects and consequences of the procedure. The paper first gives a brief overview of the relevant international documents on the rights of juveniles in a criminal procedure, followed by the analysis of the domestic normative framework in the same field. A formal dogmatic approach has been applied. Afterwards, the author summarizes the state of the rights of minors in a criminal procedure in practice in Serbia. The aim of this paper is to point out the possible improvements of the position of juveniles in a criminal proceedings in Serbia.
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The protection of possession in the Roman law
Статья научная
We first encountered the possession as a legal institute in the Roman law. The aim of this paper is to expose the Roman law concept of the statehood and all the issues related to that institute with special emphasis put on its protection. Generally viewed, the possession is seen as a genuinely recognized factual authority over things. However, for centuries, this legal institute has tried to provide answers and solutions to controversial issues either derived from or related to this institute. The possession, as a legal institute, cannot be said to be simple. There are a number of reasons that justify its research because the whole range of legal actions is tied to the state. The first association with the possession is that it is a factual authority on things. However, such an authority is completely independent from the right to things, which gives the state a specificity of a particular weight. It is a common opinion among lawyers that there are three issues regarding the possession worth considering: the concept, the legal nature and the reasons for the possession (possessory) protection. The aim of this paper is to expose the legal protection of the possession and the ways in which it was done in the ancient Rome.
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The relationship between the private and public law
Статья научная
The analysis of the relationship between any two concepts, including the relationship between the public and private law, must certainly begin by defining them. The unique definition of the terms public law and private law has not been adopted in the modern legal theory. From the historical point of view, there is also no consensus on the meaning of these terms. The legal practice and a part of the legal theory even negate the need for such a division, pointing out that it is a delimitation of a purely academic nature. This paper will provide a brief historical analysis of the concepts of both the public and private law, as well as the theory of the criteria of their demarcation. Then, there will be present the interdependence of these two notions, according to many authors, considered to be the basic branches of law through several institutes where their scope is intertwined.
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The significance of Directive 2019/1151 in the digitalization of European Union company law
Статья научная
With the rapid development of information and communication technologies in the EU, the establishment of the digital single market through the EU’s strategy has allowed for fair market competition using the internet by both individuals (natural persons) and legal entities. However, regulatory disparities among EU member states have posed challenges for businesses engaged in cross-border activities within the EU’s single market. There are big differences among member states in terms of the availability of internet tools that enable entrepreneurs and companies to communicate with competent bodies regarding issues related to their business. Furthermore, e-government services differ among member states. Some member states offer comprehensive userfriendly services entirely online, while others struggle to provide digital solutions at crucial stages of a company’s life cycle. In certain EU member states, the establishment of a company or the submission of document and information amendments to the register are only allowed in person, or in person or electronically, while in some member states this can only be done electronically. Digitalization was supposed to simplify the procedures for establishing business entities and enable free business establishment at the EU level. The aim of this paper is to analyze the legislative framework at the EU level, which should facilitate business operations in the digitalworld and provide security to participants in the European single market, with a special focus on EU Directive 2019/1151.
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Статья научная
In recent years, public health systems in high-income countries have been heavily exposed to pressures due to high drug prices. High drug prices are affected by market monopolies that pharmaceutical companies have thanks to patents, i.e. the exclusive rights granted to them for drugs. An additional factor affecting high drug prices is the extended forms of intellectual property protection, including the extension of the exclusivity period after the expiration of a patent for medical devices. The supplementary protection certificate as a form of a supplementary protection for pharmaceutical products in the European Union is regulated by the Regulation 469/2009. This form of protection is also known in the national patent regulations. Since the entry into force of the Regulation 469/2009, there has been debated the question of whether the supplementary protection certificate should be available for new therapeutic uses of previously approved active ingredients. In addition, the subject of interpretation was also the Article 3(a) of the Regulation 469/2009 requiring that the “product” (i.e. the active ingredient or combination of active ingredients) being the subject matter of the SPC application, should be “protected by the basic patent”. The author analyzes several important decisions of the EU Court of Justice, with an emphasis put on the recent verdicts in both the “Santen” and “Royality Pharma” cases. In the grounds of these cases, there have widely been discussed the issue concerning the encouragements given to pharmaceutical companies being involved into medical researches in order to stimulate their investment into innovation treatments.
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Статья научная
The modern society is facing an increasingly dangerous and serious manifestation of criminal activity, that utilizes the most modern technical achievements, especially in the field of communications. That is why the modern states resort to employing new procedural forms of gathering evidence at the cost of a certain infringement on the right to privacy and other human rights. The Criminal Procedure Code establishes six special evidentiary procedures. The most complex issue in special evidentiary procedures is the question of when their usage is justified, in other words, the type of criminal activity to which they can be applied, and the conditions under which they can be used. In addition to the special evidentiary actions established in the Criminal Procedure Code, the security agencies are, within their competences, authorized to secretly collect data by applying preventive and security measures provided by special laws (lex specialis). Having that in mind, this paper will deal with the questions concerning the types and conditions of the usage of special evidentiary procedures, as well as the types and conditions of the application of preventive and security measures in Republic of Serbia.
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The use of a polygraph as the means of collecting evidence in the legislation of Republic of Serbia
Статья научная
A polygraph usage represents a complex set of procedures which include the preparing specially selected questions, measuring psycho-physiological responses to these questions and their complex interpretation aiming indirectly to detect false answers. The device itself cannot detect false answers. It is a tactical forensic tool that is used in pretrial proceedings as a means of elimination or as a guideline for detecting and collecting the other evidence which may serve as a basis of a court decision. In this paper, besides the most important facts about a polygraph, it has been taken a quick look on the questions of a legal resolution of the new Criminal Procedure Code from 2011 and the Police Act from 2005. Basic questions regarding the polygraph test are not fully regulated. The crucial thing is the protection of human rights and freedoms, particularly in terms of ones consent and free will during the interrogation in preliminary investigation proceedings.
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Статья научная
The paper presents one of the activities at the global level and, there is partially analysed its impact on safety factors in the transport of passengers and goods, as well as in the provision of services in this area at the moment. The issue of road safety cannot be viewed isolated from the rapid economic and social development. Significant efforts have been made to improve safety factors, in particular the construction of the road infrastructure. Having all that in mind, it was necessary to pass appropriate regulations, which seems to be done through the adoption of legislation, the implementation of education, the adoption of the standards for vehicle safety, as well as through a technological development.
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Статья научная
The work outlines the problems in relation to the application of the Article 178 of the Law of Contract. Nowadays, there are countless examples of traffic accidents caused by motor vehicles. Major damage is inflicted to both legal and physical persons in these traffic accidents. In practice, there are certain problems arose in relation to the application of the Article 178 of the Law of Contract. In view of the upcoming Civil Code of Republic of Serbia, we have presented these problems and suggested certain amendments. We believe that the proposed article 193 of the Draft Civil Code of Republic of Serbia has not removed all objections to the Article 178 of the Law of Contract.
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Tranzicija, transformacija ili revolucija?
Статья научная
Promjene kojima su zahvaćene bivše socijalističke zemlje na istoku Evrope su teško čitljive sa stanovišta dosad poznatih teorija društvenih promjena. Činjenica je da postoji čitav niz promjena koje se međusobno prepliću, dopunjuju, čak i potiru, što sve ima za posljedicu još uvijek nejasan pravac kojim idu zemlje u tranziciji. Diskutabilna je i sama adekvatnost pojma tranzicije. Promjene na istoku Evrope su označile kraj socijalizma, ali nisu stvorile uslove za uspostavu stabilne ekonomije i višestranačke demokratije. Generalizujući stanje odnosa u političkoj i ekonomskoj sferi u skoro svim zemljama tranzicije mogla bi se postaviti dva pitanja: Nije li opšte osiromašenje svojevrsna socijalna bomba koja svakog trena može eksplodirati i ko će preuzeti kontrolu nad detonatorom te bombe - nova ljevica ili nova desnica.
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Trends in traffic delinquency rates in the Republic of Serbia
Статья научная
Enforcement of radical legislative measures in order to improve traffic safety in the Republic of Serbia, which are implemented for some time, should result in a reduction of the rate of the traffic delinquency. This paper analyses trends in traffic delinquency rates in the Republic of Serbia with the aim to show trends of traffic delinquency rates by looking at the total number of traffic accidents and traffic offenses, the structure of traffic delinquency rates, as well as the share of traffic offenses within the overall crime in Serbia for period 2014-2018. The aim of this paper is to analyse the statistics, to obtain the right picture about existing situation, trends and structure of traffic delinquency, as well as about the effectiveness of preventive and repressive measures implemented, as well as the possible need to take further steps towards combating the traffic delinquency.
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Ugovor o 'Svojinskom zakupu' - svojina na nepokretnosti u anglosaksonskom pravu
Статья научная
U ovom seminarskom radu je analiziran Ugovor o svojinskom zakupu koji je zaključen 1995. godine u Londonu. Cilj ovog rada bio je uočavanje osnovnih specifičnosti anglosaksonskog, Common Law, prescedentnog ili angloameričkog pravnog sistema koji sačinjavaju tri celine: Statute Law - zakoni, Common Law - prescedentno pravo i Equity Law - pravo pravičnosti kao i njegovih karakterističnih instituta u okviru svojine na nepokretnosti: tenure kao sistem držanja zemlje i estate kao dužina trajanja prava u okviru predmetnog Ugovora o svojinskom zakupu.
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Статья научная
Turističko kretanje koje danas uključuje milione ljudi, pretpostavlja postojanje brojnih organizaciono-tehničkih uslova u cilju zadovoljenja potreba turista, usled čega dolazi do brojnih odnosa između turista kao nosilaca turističkog prometa i davaoca usluga, tako da je potreba za pravnim normiranjem tih odnosa očigledna. Ugovor o alotmanu je proizašao iz potreba turističkog prometa u poslovnim odnosima između agencije i hotela i on odražava sve karakteristike savremenog turizma, ulogu i položaj turističkih agencija i hotela u turističkom prometu, a dobrim delom i ekonomske karakteristike njihovog poslovanja. Ugovor o alotmanu je svojevrstan oblik duže poslovne saradnje između turističke agencije i ugostitelja i za turističke organizacije predstavlja znatno viši stepen poslovne stabilnosti i sigurnosti jer omogućuje duže planiranje poslovne delatnosti, kako za turističke agencije, tako i za ugostiteljske i hotelske organizacije, te je zbog toga veoma pogodan za masovan turizam i sve je češći u poslovnoj praksi.
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