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.
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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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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.
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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.
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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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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.
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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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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.
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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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Formation of cooperative capital – Challenges, legal framework and development potential
Статья научная
A cooperative, as a specific form of business entity primarily focused on the joint realization of the aspirations of its members, holds a significant position in modern business flows, affirming itself as a relevant factor in the sustainable development of a social community. On a global level, cooperatives are faced with many complex challenges, among which the problem of securing adequate financial prerequisites for their functioning is especially emphasized. In that regard, the formation of cooperative capital as a basic financial resource intended for business operations, represents one of the key challenges in terms of survival and further development of the cooperative sector. Although different factors influence the availability of cooperative capital, legislative support represents a key determinant since the compliance of the legal framework with modern business tendencies and current practices within the formation of the cooperative capital area, as well as the level of its flexibility and efficiency in application, significantly determines the development potential of a cooperative. At the same time, this fact opens up space for critical consideration of existing legal solutions within the field. In this paper, we first analyze the modern business environment and the importance of cooperative capital formation, considering current solutions and development perspectives in this area. Subsequently, using a comparative method to examine the legal frameworks of Serbia and Croatia, the domestic legislation is critically assessed in the segment related to the formation of cooperative capital. The aim of this paper is: 1) to examine whether the existing model of cooperative capital formation within positive legislation enables a cooperative’s competitive market positioning and contributes to its sustainable development, and 2) to offer solutions through de lege ferenda proposals for improving the legislative framework in the field of financing cooperative business operations, in accordance with contemporary economic trends.
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Historical development of the privatization concept in Serbia – Experience and conclusions
Статья научная
Privatization is a process of crucial importance for the transformation of a planned economy into a market economy. Requirements and procedures for the change of ownership over social and public capital and assets in the Republic of Serbia were regulated by the Law on Privatization (2014). In conceptual terms, privatization is not a novelty, even though rules and legal regulations have changed, evolved and adapted to the needs of the economy and society. The paper analyzed the historical development of the privatization concept in Serbia, considering that it would be interesting to make an overview of the evolution of privatization from 1989 to 2001 and from 2001 to 2014, as well as the contemporary concept of privatization that was introduced in 2014. In terms of methodology, the paper was based on a theoretical analysis of relevant contemporary views, normative analysis of legislative sources and quantitative analysis of statistical indicators of various parameters of privatization effects from 1989 to the present day. The research was founded on numerical indicators and available data on contemporary theoretical–practical analyses of privatization development in Serbia. This comprehensive research encompassed the entire privatization process, from its initiation in 1989 to the modern concept introduced in 2014.
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Institute of property rights through a historical prism
Статья научная
The institute of property rights is one of the oldest legal institutes. It appears as a historically determined form of social relations that arises in connection with the appropriation and possession of material goods. Since its inception, it has been the subject of fierce battles, but also the subject of a person’s greatest factual and legal protection. However, property is not only a legal concept, but also an economic, social, ethical, and even a religious concept. The development of the institute of property is interwoven with turbulent changes, which reflect the direction of societal development and evolve in accordance with its needs. For this reason, the institute of property rights is the most suitable legal institute, through which social relations in different periods of society’s development are viewed. Therefore, in this paper we will analyze the institution of the right of ownership across several historical periods: Roman law, the era of feudalism, the bourgeois revolutions, as well as the modern age.
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