Review paper. Рубрика в журнале - Pravo - teorija i praksa
Статья научная
Based on the premises that public administration should serve as an open, digitally developed and work-transparent public service, the aim of the paper is to analyze the notion and purpose of an administrative contract as a part of new Law on General Administrative Procedures. Simultaneously developed with the Public Administration Reform as its corner stone, several aspects of the law have been analyzed, just for the purpose of comparing novelties. Having in mind that such a contract represents a novelty here, but not in the European administrative space, it is our goal to determine and conclude whether this agreement provides an essence of citizens’ social and economic demands. The concept of establishing this kind of a ‘symbiotic’ contract finds its purpose in being differentia specifica from any other contracts, thus having government on one side. It still stands as an open issue how such a kind of an agreement will be fully executed, monitored and regulated.
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The control of the state security services from the middle of 1966 untill the beginning of 1975
Статья научная
The Brioni plenum took place in mid 1966. It was carefully planned and prepared beforehand. The decisions made there will have a crucial importance and far-reaching consequences for the fate of Yugoslavia at the time. This event sped up the process of the decentralization of the power of the state. Furthermore, it brought a completely new organization based on this new concept, as well as a new role and jurisdiction of the newly formed State Security Service. Based on the Law on Federal councils, the Federal Council for the Protection of the Constitutional Order was established from July 1966 until the beginning of 1975. Based on original and so far unpublished sources, this paper attempts to show and explain how these governing bodies and organs functioned. The main task of these governing bodies and organs was to follow, control, guide and coordinate the activities of the extremely complex security intelligence system of SFRY.
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The employment of the minors in the context of exercising the child’s right to work
Статья научная
Exercising the child’s right to work requires a good legislative framework for labour relations and a set of conditions prescribed to ensure that the minors work in a way that does not harm their safety, health, physical, mental and moral development and does not interfere with their education. The aim of this paper is to consider both the international and national standards regulating the children’s work and challenges in their application in practice. It also points out the necessary actions aimed at improving the position of the minors in the labour law environment. A special attention is paid to the issues related to the prohibition of discrimination against children in the field of work, the consent for employment including the regulation of the minimum age for employment and protection at work. The paper focuses in particular on the issue of the implementation of labour legislation in practice of Republic of Serbia, especially in the context of the efficiency of control mechanisms and the results of inspections conducted in 2019 by the Labour Inspectorate of the Ministry of Labour, Employment, Veteran and Social Affairs, which revealed a series of violations of the child’s right to work. In this paper, in order to grasp an insight into this issue, there have been used the historical comparative-legal and theoretical-analytical methods. The research findings indicate that the national labour legislation regulating the minors` work is harmonised with the international standards to a significant extent, but there is a room for their improvement. It is also necessary to improve the mechanisms of inspection and the efficiency of the application of legislative provisions in practice.
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The etiology of juvenile delinquency
Статья научная
In contemporary societies characterized by advanced information technology and widespread accessibility to various resources, social and psychological factors leading to adverse personal and societal consequences significantly influence minors, providing fertile ground for the emergence of juvenile delinquency. Juvenile delinquency is a serious problem for all contemporary societies, encompassing different forms of deviant behaviors among minors, including criminal acts that trigger legal proceedings and sanctions. Since there are a lot of theories and studies which focus on the distinctions between delinquency and criminality, this paper does not deal with that in greater detail. Instead, it focuses on elucidating juvenile delinquency as a foundational concept for understanding diverse forms of deviant behavior from criminal, psychological, and sociological perspectives. The paper identifies causes of juvenile behavior and early indicators for identifying young offenders. The primary research objective is to explore delinquency prevention strategies tailored to offenders. The examples illustrate the most frequent criminal acts perpetrated by reported, accused, and convicted minors, categorized by gender, age, and type of criminal sanction.
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The exogenous characteristics of traffic delinquents
Статья научная
The exogenous characteristics of traffic participants, such as: alcoholism, fatigue and psychoactive substances, have a significant impact on a safe behaviour in traffic, especially the motor vehicle drivers. In that sense, they represent the factors that can directly influence the unsafe behaviour in traffic. The influence of the exogenous characteristics on a safe behaviour of traffic participants has been analysed on the basis of the statements in documents as well as the results of numerous empirical studies. For the purposes of this paper, there have been selected and analysed the statistical data on the influential factors of traffic accidents for the period from 2010 to 2019 in Republic of Serbia. After reviewing the statistical data, both a qualitative and quantitative content analyses were performed. In addition to the statistical method, there were also used the content analysis methods, empirical method, descriptive method, comparative methods, as well as deduction and induction methods, in order to analyse the trend and presence of these influential factors of traffic accidents in Republic of Serbia. The statistical data being processed in this paper, originated from the database of the Traffic Safety Agency of Republic of Serbia. The results of the research show the extent to which the exogenous characteristics affect a safe behaviour of traffic participants, as well as the severity of the consequences of traffic accidents. Observed individually, the listed characteristics have a different intensity of influence on a safe behaviour in traffic. In this regard, from the external characteristics of traffic delinquents, the most common is the drunk driving as an influential factor, which especially affects the severity of traffic accidents in Republic of Serbia.
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The first degree murder in a cruel manner
Статья научная
The first degree murder belongs to the group of the heaviest criminal offences punishable by the heaviest penalties. Basically, the first degree murders have all the characteristics which are common to every murder, i.e. the unlawful deprivation of another person’s life. But, the murder accompanied by a certain qualifying circumstance makes it heavier and socially more dangerous than an ordinary murder. In this paper, we will look back and explain in more detail the first degree murder in a cruel manner, which is a complex criminal offence, where, on the one hand, cruelty means taking the victimʼs life in such a way that it causes the excessive pain and suffering, while, on the other hand, it is necessary that a perpetrator also shows a special emotional relationship towards the pain and suffering (in the form of feeling pleasure, enjoying them, the absence of pity, etc.). We will analyze the hypothesis of the criminal offence of the first degree murder committed in a cruel manner to be planned and a person for the attempt of such an offence to be punished. We will draw a parallel between the criminal act of murder and the first degree murder including the fact whether this offence was committed in a conscientious or unsconscientious way. We will also consider the issue of the organized crime and how often this type of an offence is committed in criminal groups. The aim of the research is to meet the meaning and qualifying circumstances being specific for this offence as well as to see how this offence is qualified in practice. It also covers the issue of its sanctions and how the court evaluates certain findings and opinions in the proceedings including the aggravating circumstances relevant for determining the amount of the punishment.
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The forms of domestic violence
Статья научная
Domestic violence is not a phenomenon of the modern age, but rather a new interest of the state to recognize it, provide a protection for victims of domestic violence and to fight against it. In Republic of Serbia, domestic violence was incriminated only just in 2002 by amendments to then valid Criminal Code, while our legislator introduced the family law protection as well as the institute of domestic violence in 2005 by the Family Law. Domestic violence refers to a behavior by which one family member threatens the physical and psychological integrity or serenity of another family member. It most often comes out in the form of physical, psychological, sexual and economic violence. The aforementioned forms of domestic violence will be the subject of analysis of this paper. In addition, a special attention will be paid to victims who are most often exposed to domestic violence - women, children, the elderly and men.
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The forms of economic crime in a bankruptcy proceedings
Статья научная
In modern conditions of business conduct of economic entities, the importance of bankruptcy and a bankruptcy proceedings is unambiguously emphasized. The conditions preceding to bankruptcy as an institute of economic law are a consequence of the economic and financial position of a certain economic entity. At the very beginning, the paper gives a brief overview of the conceptual definition of bankruptcy and its goals. The primary focus of the paper rests on the forms of economic crime in a bankruptcy proceedings, which in part includes a brief overview of the concept and characteristics of economic crime as an extremely complex and important form of modern crime. Having in mind the main subject of the paper, the valid criminal legislation of Republic of Serbia envisages two criminal offenses against the economy which can be committed in connection with and/or relating to bankruptcy. These are causing bankruptcy (from Article 232) and causing false bankruptcy (from Article 232a).
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The growth of e-commerce in the Republic of Serbia
Статья научная
E-commerce has an increasing importance in the world and every year the volume of e-commerce in the world and in all individual countries increases, and Serbia is no exception in this sense. It is the result of the fact that more and more advanced devices (mobile phones, smart watches, computers, tablets) are more and more available, then faster and faster internet and the increasing presence of payment cards and the increasing security of online payments. During the pandemic and lockdown, shopping suddenly became electronic, and the growth was huge – companies were pressured to make rapid digitalization, and although the post-pandemic trend is such that the growth of e-commerce has decreased, it has remained at a high level and is growing. In Serbia, trends follow similar paths. The growth in Serbia coincides with the trend of increasing online trade transactions, as well as increasing the share of mobile transactions. On the other hand, the Serbian market is specific in that the largest niche is occupied by fashion and not books and music as in the West, and the largest supplier is China. Taking over the market from classic, physical stores is not expected. The take-up percentage is too small, unless there is a big shift in the coming years, i.e. unless Generation Z comes to a dominant position with completely different buying habits and suddenly reverses the tendencies, which is very possible.
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Статья научная
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 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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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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