Articles. Рубрика в журнале - Pravo - teorija i praksa
Addressing workplace cyberbullying – Key challenges and the evolving role of labour law
Статья научная
The Fourth Industrial Revolution has made the use of internet technologies and digital tools standard components of modern workplaces, particularly among white-collar employees. Alongside these advancements, new forms of workplace misconduct have emerged, including cyberbullying. This phenomenon may be understood as inappropriate behavior – whether repeated or as a single act with enduring consequences – conducted through emails, messaging applications, social media, or other digital platforms, with the intent to harass, intimidate, or demean colleagues, subordinates, or workers in general. Unlike traditional „face-to-face” bullying, which requires direct interaction, cyberbullying transcends physical boundaries, taking place in digital environments both during and outside working hours. Its persistence makes it difficult to escape, often following victims through their devices and networks, thereby posing serious risks to health and overall well-being. The paper employs normative and comparative legal methods to examine existing legal provisions on workplace cyberbullying within selected jurisdictions, with the aim of identifying models of good legislative practice for improving Serbian labour law. Current Serbian legislation on the prevention of workplace harassment does not explicitly define or address cyberbullying, creating regulatory gaps that leave workers insufficiently protected. As the world of work increasingly shifts toward virtual and digital spaces, a holistic legal approach to the prevention of cyberbullying and the protection of affected workers becomes essential. Strengthening the normative framework is critical not only for safeguarding workers’ rights, but also for fostering a healthy and more sustainable working environment.
Бесплатно
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.
Бесплатно
Alcoholism as a criminogenic factor in criminal offenses against public traffic safety
Статья научная
This paper analyzes alcoholism, that is, the consequences of alcoholism from health, social, and criminal law perspectives, bearing in mind that certain criminal offenses may be closely related to it. Accordingly, the paper presents the effects of alcohol as a criminogenic factor in criminal offenses against public traffic safety, providing an overview of the existing legal framework as well as judicial practice regarding the imposition of criminal sanctions for this offense. Criminal offenses against public traffic safety were selected for analysis due to their significance in the modern world, as well as the fact that today virtually everyone participates in traffic, either directly or indirectly, and may therefore appear as a perpetrator of such an offense or as its victim. Since the consequences of alcoholism can be multifaceted, it is necessary to examine and reassess this issue, particularly in judicial practice, while identifying potential problems encountered in its application.
Бесплатно
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.
Бесплатно
Application of ESG standards in labor relations in the Republic of Serbia
Статья научная
ESG standards (Environmental, Social and Governance) represent a modern concept of sustainable and responsible business, which is increasingly reflected in labor relations throughout Europe, including in the Republic of Serbia. Although Serbia still does not have a single law or strategy that would systematically regulate the ESG obligations of business entities, labor legislation contains most elements of the social dimension of ESG, while certain segments of the governance (G) and environmental (E) components are reflected indirectly through other regulatory areas. In this regard, domestic labor law demonstrates a high degree of normative readiness for the integration of modern ESG principles, particularly in the areas of occupational safety and health, prohibition of discrimination, trade union rights, and transparency. The aim of this paper is to provide a comprehensive analysis of the existing legislative framework of the Republic of Serbia relevant to the application of ESG standards in labor relations. Special attention is devoted to the review of judicial practice, which significantly contributes to the operationalisation of ESG principles, especially in cases of discrimination, workplace harassment, violations of occupational safety and health regulations, abuse of corporate powers, and whistleblower protection. The paper also discusses the indirect influence of European regulations, primarily the Corporate Sustainability Reporting Directive (CSRD) and the Corporate Sustainability Due Diligence Directive (CSDDD), which, although not formally binding on Serbia, have a significant impact through the operations of foreign investors and affiliated companies. It is concluded that expectations regarding ESG standards in labor relations will inevitably increase, and that it is necessary to further strengthen institutional capacities, improve labor inspection oversight, and develop corporate policies that promote a sustainable working environment.
Бесплатно
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.
Бесплатно
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.
Бесплатно
COP29 outcomes and perspectives
Статья научная
The COP29 Conference, held in Baku in 2024, represents an important milestone in further advancing and implementing the Paris Agreement in the context of strengthening the global fight against climate change. Considering the not-so-favorable climate conditions and the rising climate crisis, COP29 represents a crucial point for identifying solutions and setting new goals. In that regard, the focus of the conference was aimed at new frameworks for financing climate change, relating to the enhancement of Nationally Determined Contributions (NDC), the adoption of a new collective financing goal after 2025, as well as support for developing countries. Observing the geopolitical situation, it is evident that numerous economic and political challenges can significantly affect the implementation of previously adopted solutions with particular implications for developing countries. Regarding the outcomes of the conference, COP29 has set new guidelines for global climate policy in relation to climate change, yet questions remain concerning its core implementation. The subject of research in this paper will be examining the development of the international climate regime through the prism of outcomes and challenges of implementation of the COP29 standards. Special attention will be devoted to analyzing the key expectations of the international community in the context of achieving the goals set through COP29.
Бесплатно
Статья научная
The development of information and communication technologies and the Internet has fundamentally changed the traditional concept of copyright and related rights, causing a crisis in its functioning. Forms of copyright inefficiency on the Internet are reflected in the fact that there is a factual impossibility for the author to effectively exercise and protect their copyright or related rights. The search for potential solutions is demanding and complex, ranging from the following efforts: to maintain the traditional concept of copyright and related rights, to implement a reform of the traditional system, to change it from the ground up, to the approach that copyright has no practical reach in the digital environment. BitTorrent platforms have recently become one of the most recognizable forms of copyright infringement in the Internet environment. Although we have witnessed many court proceedings aimed at preventing the activities of BitTorrent platforms on which unauthorized direct sharing of copyrighted content takes place, the expected results have not yet been achieved. In search of a potential solution, the research directed us towards collective management organizations, specialized entities that have the capacity to overcome certain challenges in the context of copyright inefficiency, particularly in relation to the unauthorized distribution of copyrighted content via BitTorrent platforms. The basic aim of this scientific research is to offer concrete proposals which, in the future, if implemented, could potentially represent a solution to part of the problem of the most common and widespread form of copyright inefficiency on the Internet.
Бесплатно
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.
Бесплатно
Статья научная
Temporary seizure of objects represents an evidentiary measure in modern criminal procedural law, aimed at securing items that may be of significance for proving facts in criminal proceedings. This evidentiary measure is prescribed by the Criminal Procedure Code of the Republic of Serbia. Its specific characteristic lies in the fact that it may be undertaken independently or within the execution of other evidentiary measures-most commonly during on-site inspections and searches-when items are also temporarily seized. This evidentiary measure holds an important place in ensuring the principles of a fair and efficient criminal procedure, as it enables the collection and preservation of material evidence essential for establishing facts in the course of criminal proceedings. The validity of this procedural action must be accompanied by a certificate of the temporarily seized items, which is issued to the person from whom the items are taken and represents its formal element. It is also of particular importance that the seized items be individually listed and described, both in the certificate and in the official record of the evidentiary action, which is prepared by the authorized officials during its execution. This paper analyzes the evidentiary measure of temporary seizure of objects within the criminal procedural law of the Republic of Serbia, with the aim of emphasizing its significance. In addition, through a comparative review of legal solutions in Austria, the Federal Republic of Germany, and the Russian Federation, the paper examines different approaches to regulating this measure. The analysis includes the conditions and procedures for its application, the legal position of the person from whom the objects are seized, as well as the process of returning temporarily seized items.
Бесплатно
Compensation for damage resulting from the unlawful conduct of public enforcement officers
Статья научная
The liability of public enforcement officers for damage caused by unlawful conduct is grounded in constitutional guarantees, standards of professional care, and the rules of the law of obligations. The right to compensation for damage derives from the principle of the rule of law and the state’s duty to ensure the effective enforcement of court decisions, applying a heightened standard of care inherent to holders of public authority. The current legal framework provides for the personal and unlimited liability of enforcement officers, while excluding state liability, which raises questions regarding its compatibility with legal certainty and the case law of the European Court of Human Rights. As a sustainable solution, strengthening professional standards, mandatory professional liability insurance, and the subsidiary liability of the state in exceptional cases are proposed.
Бесплатно
Статья научная
Compensation for non-material damage for mental anguish suffered as a result of unlawful deprivation of liberty and wrongful conviction represents one of the forms of compensation for non-material damage. The Constitution of the Republic of Serbia directly guarantees the fundamental rights and freedoms of every person. Violation of an individual’s psychophysical integrity is prohibited. Everyone has the right to personal liberty and security (Article 27(1) of the Constitution of the Republic of Serbia). Deprivation of liberty is permitted only on grounds and in a procedure prescribed by law. In the event of unlawful deprivation of liberty or wrongful conviction, the injured party’s freedom and dignity—and consequently their reputation in society—are jeopardized. Although the presumption of innocence applies, the proceedings themselves constitute a source of discomfort and stress for the person against whom they are conducted. Such a person suffers mental anguish as a result of unlawful deprivation of liberty and wrongful conviction. In view of the foregoing, the aim of this paper is, on the basis of statutory regulation and relevant judicial decisions, to present general legal solutions in a more concise and systematic manner, as well as to outline the procedure for exercising the right to this type of compensation for non-material damage. The paper also seeks to clarify the subjective and objective circumstances that courts assess when determining the amount of compensation and the merits of the injured party’s claim for nonmaterial damage, and to point to inconsistent judicial practice that should be harmonized.
Бесплатно
Conceptualizing judicial transparency and public trust - Frameworks for community-centered justice
Статья научная
Judicial transparency and public trust represent the foundations of a functional rule of law and democratic governance. Transparency encompasses institutional openness, procedural clarity, and the public perception of fairness, forming the basis for accountability, equitable justice, and participatory governance. Despite growing global efforts, achieving substantive transparency remains a significant challenge for judicial systems. This paper examines the theoretical underpinnings of judicial transparency and trust, presenting a universal framework for integrating these principles into justice systems. Through a comparative analysis of global case studies, it identifies applicable strategies—including the use of emerging technologies such as artificial intelligence (AI) and blockchain—to improve transparency, enhance inclusivity, and address systemic inequalities. The findings show that transparent practices and participatory mechanisms strengthen public trust and inclusivity, offering practical guidance for future reforms.
Бесплатно
Constitutionalization of patriotism – Is constitutional identity possible?
Статья научная
Constitutionalization of patriotism implies insisting on unquestionable and universal values around which social cohesion is achieved, instead of insisting on differences, which are often insurmountable. Constitutionality is a metavalue, a value above personal and narrow group interests, as well as national, religious, cultural, or political affiliation. The key research question is whether constitutional patriotism can be an alternative to nationalism. In this paper, the author seeks to provide sociopolitical and legally grounded answers to a number of other dilemmas: whether this concept is suitable for achieving social cohesion and political loyalty in multicultural societies, whether it serves as a tool for the political empowerment of citizens, and whether conflicts in deeply divided societies can be mitigated through it. In addition to the normative consideration of this concept, by applying the empirical comparative law method, the author examines the credibility of constitutional patriotism in states governed by the rule of law with a developed democratic and civic political culture. The findings of the paper show that constitutional identity is not possible in deeply divided societies marked by war wounds and national traumas. Societies accustomed to nationalism as a political technology do not constitute an adequate milieu for the constitutionalization of patriotism. Constitutional patriotism is difficult to achieve in an environment characterized by widespread corruption, clientelism, a subservient political culture, and dysfunctional institutions. In other words, the rule of law and a state governed by the rule of law are prerequisites for building a constitutional patriotic identity.
Бесплатно
Статья научная
Roman law, as the legal system that was in force for nearly thirteen centuries in Ancient Rome, did not disappear with the fall of the Roman state. Rather, in a more or less modified form, it became positive law in contemporary European states. The reception of Roman law, especially the fundamental institutions of private law (private ownership, freedom of contract, and freedom of testamentary disposition), forms the legal foundation of modern private law. A part of the Roman legal system is also public law (ius publicum) which deals with general state interests (Ulpian, Digest 1,1,1, 2). The purpose and aim of this research is Roman financial law, and the subject of the paper is the fiscal system during the reign of Emperor Diocletian. Through a comparative method of available sources and texts from relevant authors of Diocletian’s time and the period immediately after him (a smaller number), as well as scientific studies from the modern era (referring to the past hundred or more years), it is concluded that the public-law acts of financial law from that period were, in some of their solutions, far ahead of their time and are partially applicable even today.
Бесплатно
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.
Бесплатно
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.
Бесплатно
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.
Бесплатно
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.
Бесплатно
