Articles. Рубрика в журнале - Pravo - teorija i praksa
Administrative reform and the agency model of public administration
Статья научная
Administrative reform in various countries is conditioned by various social, political, and economic factors. In this regard, we cannot talk about the same reasons for reform for every country. However, what is common to all cases is the crisis of state governance and the need to transform the existing system, reduce state interventionism, and increase efficiency and productivity. The terms “efficiency” and “productivity”, in the context of the state and its administrative system, take on a different quality and somewhat altered meaning compared to their usual context, as they are shaped by their connection to the public interest. The reforms implemented in the former socialist countries, however, have a different background. They are partly the result of aspirations for rapid economic progress and partly the outcome of mandatory changes required by the European Union. Without deciding which of these reasons prevail, the author will discuss the reasons that brought about the need for new models of public administration. These models aim to overcome the crisis of state governance, focusing particularly on the agency model of public administration, which, as a trend, has been widely adopted in many countries. This model of public administration has also been extensively applied in the case of administrative reform in the Republic of Serbia. Considering their role and prevalence, it can be said that this represents a unique model of public administration reform.This model of public administration has been commonly applied in the case of administrative reform in the Republic of Serbia. Considering their role and number, we can say that it is an authentic model of public administration reform.
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Analysis of the application of artificial intelligence in social work teaching
Статья научная
The application of artificial intelligence (AI) in education is inevitable, as in all other segments of modern society. Since this is a process that cannot be ignored or avoided, the focus should be on ensuring its effective implementation. This approach maximizes its benefits while minimizing the associated risks. This paper explores the perspectives of students and teaching staff on the use of AI in social work education at HE institutions in the Republic of Serbia, in which these programs are accredited. The paper is structured into three sections. Following the introduction and theoretical analysis, the second section presents the findings of empirical research conducted using a specially designed survey questionnaire targeting the mentioned groups. In the final section, the authors provide conclusions and recommendations for enhancing the application of AI in (higher) education.
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Artificial intelligence and EU integrated border management
Статья научная
The future development of artificial intelligence and the expansion of its application across many areas of social life represent a global phenomenon. The normative regulation of artificial intelligence development within international organizations has become a dynamic process throughout 2024. Considering both the potential benefits of artificial intelligence for humanity and the possible devastating effects on human rights, the EU—as a leading international regulatory entity— has established a legal framework for the use of artificial intelligence in nearly all areas of public governance, including migration, asylum, and the management of its external borders. This paper examines the emergence, connection, significance, and integration of artificial intelligence in border control, as well as the relevance of EU legal norms for its current and future application within the model of integrated management of the EU’s external borders. A key focus of the research is the implications of artificial intelligence use on the fundamental rights of vulnerable groups, alongside the role of Frontex in researching the application of specific artificial intelligence systems in border and migration management.
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Availability time and the right to compensation of vehicle crew in road transport
Статья научная
The working hours of vehicle crews in road transport are regulated by a special jurisdiction – ratione personae. The Law on Working Hours of Vehicle Crews in Road Transport and Tachographs addresses the working hours of vehicle crews differently than the general labor relations framework. A significant difference is that availability time is not considered working time. During availability time, a crew member is entitled to appropriate compensation, as defined by labor regulations, specifically those governing salaries and based on availability time. In this paper, the authors, using the normative and comparative law method, examine the concept and legal nature of availability time for crew members in both domestic and comparative law, as well as the right to compensation for availability time. The authors also propose a more comprehensive regulation of the right to compensation based on availability time.
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Статья научная
With the adoption of the Law on Road Traffic Safety in the past decade, better known as the Decade of Global Action for Road Safety, normative frameworks were established for successful and efficient progress in the field of road safety, requiring strategic and systemic action in the prevention of traffic offenses. The basic task of traffic safety policy lies in establishing a protective system that will have long-term effects in reducing the number of committed traffic offenses and their consequences. In this regard, traffic safety management policy has a direct impact on the criminal policy of combating traffic crime. These two policies intertwine and form a unified system with inseparable connections, since greater success in the field of traffic safety management means greater safety, fewer violations of traffic regulations, and consequently a reduction in the number of traffic offenses. Today, as we enter the second Decade of Global Action for Road Safety, we can look back on the effects of the first decade. Analyses of the impact of numerous measures on road safety in the previous decade show that the establishment of a protective system in traffic contributed to a reduction in the number of traffic accidents and accident victims. However, the analysis of traffic crime rates has not been addressed. Therefore, this paper examines how changes in the normative framework and its application in the Republic of Serbia during the first decade affected traffic crime. Using statistical methods, the trend of traffic crime from 2010 to 2019 was analyzed. The research findings indicate that,in the observed period, the traffic crime rate was declining.
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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.
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Cybercrime and law – managing challenges and prospects in the digital age
Статья научная
Cybercrime has emerged as a global threat in the digital age, posing significant challenges to legal systems worldwide, particularly in terms of their effectiveness and applicability. This paper examines how these challenges are addressed within international and national legal frameworks, highlighting key obstacles and offering perspectives for improvement. It reviews existing legal mechanisms, such as the Budapest Convention, the General Data Protection Regulation (GDPR), and national legislation in Serbia, and evaluates their adaptability to contemporary technological threats and potential for reform. The research adopts an interdisciplinary methodology, combining theoretical analysis of international and domestic legal texts with empirical examination of statistical data and case records. Practical challenges of legal enforcement are assessed through a systematic review of relevant sources, including the number of reported cyberattacks, and insights drawn from Interpol and Europol reports. The findings highlight systemic challenges, such as jurisdictional limitations, ineffective laws, and insufficient technical capacities. Proposed solutions emphasize enhanced international cooperation, modernization of legal frameworks, investment in technology, and public education. The paper concludes that building legal resilience to cybercrime requires a coordinated international effort to address legal and technological vulnerabilities exploited by cybercriminals.
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Differences between civil and criminal liability
Статья научная
Liability denotes the capacity of a legally competent person to distinguish permitted from prohibited acts and accordingly to be held accountable for them. Beyond the term “liability” itself, there are numerous distinctions between civil liability and criminal liability. Practically, the purpose of liability is diametrically opposed. To be liable means to bear the appropriate consequences for one’s conduct. Accordingly, whether referring to civil liability or criminal liability, the essence of both legal responsibilities lies in enduring the consequences arising from the actions of the liable party. The aim of this paper is to comprehensively and systematically, yet concisely and authentically, highlight the fundamental and most significant differences between these types of liability, also addressing, within civil liability, the distinctions between contractual and tortious (non-contractual) liability. Through reasoned explanations, derived conclusions, and detailed analysis of statutory provisions and judicial decisions, the key differences among these liabilities will be elucidated—an endeavor important for both theoretical scholarship and judicial practice.
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Digital evidence in criminal proceedings – challenges and solutions
Статья научная
In the last decade, digital evidence in criminal proceedings has become a key tool in modern forensic investigation, with the help of which it is possible to identify, analyze and verify information that can be crucial for making a decision in court proceedings. Digital data, through the perception of various forms of electronic records, are increasingly becoming the basic evidence in criminal cases, and because of this, no distinction is made between existing material evidence and modern digital evidence. In this research, the importance of digital evidence, its advantages and challenges in collection and processing, as well as the legal and ethical aspects of its use in criminal proceedings were pointed out and indicated. The importance of the methodological approach in the forensic analysis of digital evidence was also pointed out, all in order to achieve the admissibility of digital evidence before a criminal court. The challenges and opportunities presented by this evidence are drawn throughout the research and pointed out. The hypothesis of this research is contained in its title and refers precisely to controversial issues and the legislative application of digital evidence in criminal proceedings. The aim of the work is to consider this topic by looking at the new regulation and directive that have been passed and will only be adopted in 2026, but in principle to consider the issue of digital evidence through practice because this topic remains crucial for the further development of the judicial system in the digital age. During the writing of this research, an analytical method was used in order to consider the legislation of the European Union, and make a comparison with the domestic legislation. Then, the normative method was used when considering the criminal procedure and defining digital evidence, and certainly the deductive method was also used.
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Digital property – specific issues in the application of private international law rules
Статья научная
Digital property emerges as a new segment of property law, while simultaneously being a consequence of the digitalization of financial intermediation and representing a form of technological innovation that substitutes payment services and investments in the banking and stock markets. Key issues that arise include the choice of governing law, internationally competent courts, and the recognition and enforcement of foreign court and arbitration decisions related to transactions in cryptocurrencies, which are the most widespread form of digital assets. This paper is designed to highlight the specific features of digital property that are important for the application of existing private international law (PIL) rules. It does not focus on a specific legal system, but rather situates the analysis within PIL as a branch of legal science with its own regulatory postulates, which are largely harmonized across legal systems. The aim of the paper is to see the scope of the possibility of applying traditional institutes of international private law to digital property as a legal and regulatory novelty that stands between property or things and rights or financial instrument. By synthesizing core issues that emerge in application of private international law rules to digital assets, we aim to provide a comprehensive understanding of regulatory challenges which encompass digital assets’ role in modern law and economies.
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Статья научная
The enforcement of court decisions in family matters is becoming increasingly important in the legal system of the Republic of Serbia, which is a direct consequence of the rise in divorces and the growing need to regulate parental relationships after the dissolution of marriage or extramarital unions. It is expected that these provisions of the Law on Enforcement and Securing of Claims will be applied more frequently in the future, which necessitates their detailed consideration and analysis. Special attention should be paid to the specific enforcement mechanisms used in these cases, as well as to the impact that the enforcement of court decisions has on the child, parents, and other family members. The best interests of the child must remain the key criterion in enforcement proceedings in family matters, especially in cases concerning child custody, the regulation of personal contact with parents, and child support. Although the Law on Enforcement and Securing of Claims has specifically regulated this area, numerous dilemmas arise in practice, especially regarding the relationship between the court and the guardianship authority. The specificity of this procedure lies in the fact that, in certain situations, the court becomes an auxiliary body to the guardianship authority, even though its traditional role is the opposite — to make decisions that administrative bodies implement. This legal solution raises certain practical concerns and requires further consideration. This paper aims to analyze the legal framework for enforcement in family relations through the provisions of Articles 368–381 of the Law on Enforcement and Securing of Claims, with a critical review of the challenges in their application. Through the analysis of judicial practice and a comparison with potential alternative enforcement models, the paper highlights possible directions for improving the system to ensure greater legal certainty, protection of the child’s rights, and efficiency of the enforcement procedure.
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Entrepreneurs and entrepreneurship in the legal system of the Republic of Serbia
Статья научная
An entrepreneur, as a natural person engaged in a specific economic activity for the purpose of generating profit, can be analyzed and considered from various perspectives, including economic, legal (commercial law, labor law, etc.), social, and others. This paper presents some of the specific characteristics of an entrepreneur as a business entity, as well as the features that distinguish them from other types of companies, highlighting the advantages and disadvantages associated with this form of business organization. A significant number of entrepreneurs in the Republic of Serbia, along with the persons they employ, underscores the importance of analyzing and defining the basic concepts, as well as determining the role of entrepreneurs and entrepreneurship within the legal system. A historical and legal review of the emergence and development of entrepreneurship is also necessary to provide a clearer understanding of the position entrepreneurs occupy in the modern economy and their legal and regulatory framework.
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Статья научная
Digitization has led to the emergence of increasingly sophisticated forms of financial fraud, necessitating more advanced and integrated approaches for their rapid detection and prevention. This challenge prompted the authors to examine relevant literature and analyze current policies and measures for detecting financial fraud within the digital environments of organizations, with the aim of enhancing proactive prevention strategies. To this end, an online empirical survey was conducted with 118 executives and managers from Serbia during the first half of 2024, supported by the Association of Employers of Serbia and the Association of Managers. The research focused on the impact of new technologies, particularly AI, on the regulations and organizational policies related to financial fraud detection. Qualitative research, which utilized 12 predefined statements within each impact group using a five-point Likert scale, provided insights into the actual experiences and perspectives of participants concerning financial fraud as a distinct business, social, and economic issue. Multiple correlation approaches were employed to analyze the data. The outcomes suggest that all analyzed factors contribute to addressing financial fraud, with new technologies – especially those based on artificial intelligence – and corporate policies and strategies playing significant roles. Conversely, regulations have a lesser impact, attributed to their correctness, implementation, and enforcement. These findings enhance the understanding of the significance of taking a comprehensive approach to combating fraud, corruption, and financial crime, and highlight the roles of continuous technological advancements, employee digital education, and enhanced communication with the public and investors in building trust and maintaining a company’s reputation.
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Internal audit as one of the key factors of employee accountability in public administration
Статья научная
Internal audit is one of the key mechanisms of good governance, which contributes to increased accountability, with auditors serving as specific guardians of the lawful and proper functioning of an organization. The goal of establishing internal audit is to improve the efficiency and effectiveness of the organization’s operations. This paper presents the research findings on the most common irregularities in the work of internal auditors within the public sector. The paper aims to identify the most frequent types of irregularities in the work of internal auditors and highlight the importance of establishing internal audit in public administration as one of the key factors of accountability and proper organizational functioning.
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Krivično-pravna zaštita polnog integriteta djece i maloljetnika u Republici Srpskoj
Статья научная
Zakonodavna regulativa polnih delikata u savremenim krivičnim zakonodavstvima je, posljednjih nekoliko decenija, doživjela velike promjene. Moderna koncepcija zakonske regulative polazi od stava da je čovjekova seksualnost dio njegove intime u koju država ne treba da zadire normama krivičnog prava, pa čak i onda kada se radi o polno inverzivnom ponašanju, osim ako ga ne prati nasilje ili različiti oblici zloupotrebe.1 Navedeno stanovište koje se čini potpuno legitimnim kada su u pitanju odrasla lica, zadobija sasvim druge dimenzije ako je riječ o mladim licima, pogotovo ako su u pitanju djeca. U tom smislu je u savremenom krivičnom pravu evidentna sasvim suprotna tendencija, koja podrazumijeva širenje i jačanje krivično-pravne zaštite polnog integriteta djece i mladih lica. Seksualno zlostavljanje djece kao da je u posljednjih nekoliko godina ušlo u fazu nekontrolisane ekspanzije. Riječ je o alarmantnom problemu u kojem su glavni stradalnici upravo djeca. Brojni su međunarodni globalni i regionalni dokumenti kojima se, između ostalog, štiti i elementarno pravo djeteta od izloženosti pojedinim oblicima nasilja (pa tako i seksualnog iskorištavanja). Krivičnopravna regulativa, u Republici Srpskoj, sadrži inkriminacije kojima se, u prvom redu, želi obezbijediti pojačana zaštita polnog integriteta djece i mladih lica, a to su: polno nasilje nad djetetom, zadovoljenje polnih strasti pred drugim, trgovina ljudima radi vršenja prostitucije, iskorišćavanje djece i maloljetnih lica za pornografiju i proizvodnja i prikazivanje dječije pornografije.
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Law on accounting in the Republic of Serbia and application of IAS/IFRS
Статья научная
In accordance with its legal accounting framework, the Republic of Serbia has adopted IAS/IFRS as the sole financial reporting framework for all entities, while taking into account certain formal specificities of medium-sized and small enterprises. The International Accounting Standards Board (IASB) played a key role in this approach. These initial observations aim to highlight the quality of financial statements as a result of the application of the current accounting legislation in the Republic of Serbia. The issue of comparability and harmonization of financial statements is particularly relevant to medium-sized and small enterprises, as well as to companies whose securities are listed on the stock exchange. Research findings suggest that the application of the existing legal framework— specifically the mandatory and exclusive use of IFRS—has become a limiting factor in the quality of financial statements and, consequently, their representational value. The thematic scope of this paper involves the application of a methodology based on the collection of secondary data from relevant domestic and international sources. Through processing and analysis, this information enables an assessment of the current state of financial reporting quality. From the perspective of financial information users—primarily investors and creditors—the second part of the paper presents research findings and proposes measures to improve accounting regulations with the aim of enhancing the quality of financial statements.
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Legalizacija marihuane - naučne, pravne i etičke dileme
Статья научная
Uprkos činjenici da ima svoju primenu kako u industriji tako i u medicini, upravo zbog svog psihoaktivnog svojstva kanabis je u većini svetskih zemalja na listi zabranjenih supstanci, te je shodno tome njegovo uzgajanje i korišćenje zakonski kažnjivo. Prema podacima navedenim u Svetskom izvještaju o drogama za 2016. godinu, izrađenom od strane Kancelarije UN za drogu i kriminal, kanabis predstavlja vodeću ilegalnu supstancu na svetu što se tiče gajenja, proizvodnje, preprodaje i broja korisnika. Imajući u vidu različite stavove po pitanju upotrebe, dejstva, i uopšte legaliteta i legitimiteta korišćenja kanabisa, kao i to da su reakcije na marihuanu individualne, u radu su analizirane naučne, pravne i etičke dileme u ovoj oblasti. Ne dajući primat ni stavu za, ni stavu protiv legalizacije marihuane, nedvosmisleno treba podržati stav da zabrana nečeg (u ovom slučaju marihuane), što je ilegalno već dugo vremena široko u upotrebi, povlači za sobom niz loših efekata, koji bi se verovatno uspešno preventirali kontrolisanom legalizovanom upotrebom, odnosno konzumacijom.
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Статья научная
While not a novel phenomenon, online platforms have gained significant economic and societal importance over the past decade, and the public discourse around their responsibilities and liabilities has reached an exceptional level. Online platforms significantly contribute to facilitating the exchange and access to information, enabling the widespread distribution of all types of content, regardless of their legality. The regulation of content on online platforms undoubtedly impacts the protection of human rights, particularly freedom of expression, which has led the European Court of Human Rights (ECtHR) to establish important criteria through its jurisprudence. To understand the implications of the ECtHR’s case law, it is important to briefly present the concept of platform liability within the European legal framework, which is outlined in the opening section of the paper. In the subsequent part, the authors analyze the relevant ECtHR jurisprudence. The aim of the paper is to clarify the main standards of the ECtHR’s approach to the human rights implications of online platforms’ liability for content moderation, while also potentially highlighting their limitations.
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Статья научная
This paper analyzes the seller’s liability for legal defects in contracts of sale, with particular emphasis on the limits of contractual exclusion of such liability. The focus is on the normative framework established in Articles 508–515 of the Law on Obligations of the Republic of Serbia, which sets out the conditions under which the seller is liable for thirdparty rights over the object of sale, as well as situations in which contractual provisions excluding liability have no legal effect. The paper examines the role of principles of contract law—primarily good faith, fair dealing, and freedom of contract—in interpreting and limiting contractual autonomy. Relevant case law is also analyzed, with particular reference to the Supreme Court of Serbia ruling Rev. 742/06, which confirms that the seller’s liability cannot be excluded when the principle of good faith is breached and when the buyer was not informed of legally relevant facts. The comparative section highlights similar solutions in the legal systems of France, Germany, Slovenia, Croatia, and Bosnia and Herzegovina, as well as in the Vienna Convention (CISG), confirming a high degree of normative alignment in European and international contexts. Particular attention is given to de lege ferenda issues, especially concerning the clarification of time limits and the standardization of contractual provisions that ensure a fair allocation of risk.
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New public management and local government – Autonomy of local public service managers
Статья научная
This paper addresses the question of the autonomy of managers of entities that provide local public services (companies established by local self-government units for the performance of communal activities), inspired by the principles of new public management. It analyzes the extent of their autonomy, with particular emphasis on the influence of political factors and managerial capacities. On the theoretical level, the paper examines the relationship (dichotomy) between public authorities and the governing bodies of local utility companies, as well as the types of autonomy that arise from this relationship. The empirical part of the study is based on data collected through a survey conducted in 36 utility companies in the Republic of Croatia during 2023. The aim of the paper is to answer whether public authorities influence the managerial activities and autonomy of local public service managers, and how their roles and functions are interconnected. It has been concluded that clearly defined goals, the establishment of accountability, and constructive cooperation are crucial for the effective delivery of quality and accessible services that meet the needs of the local community.
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