Articles. Рубрика в журнале - Pravo - teorija i praksa
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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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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Статья научная
This article explores the discretionary application of temporary and subsidiary protection mechanisms in the European Union and the Republic of Serbia, set against the backdrop of intensifying global migratory flows. The analysis uncovers a pronounced selectivity in the approach to international protection, which is primarily shaped by political and security considerations. This is most evident in the divergent treatment: the automatic and selective granting of temporary protection is sharply contrasted with the individualized assessment required under regular asylum procedures, despite both situations involving mass influxes of refugees. Through a comparative examination of the EU and Serbian legal frameworks, the paper evaluates the key legal challenges and the scope of political discretion in safeguarding refugee rights. This inherent inconsistency calls into question the coherence of international refugee and human rights law, underscoring the urgent need for harmonized regional responses. By identifying legal inconsistencies, the ultimate goal of this paper is to formulate possible recommendations for future improvements and greater legal consistency in protection mechanisms.
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Items of affective value in enforcement procedure
Статья научная
Recognizing the particular significance certain possessions hold for their owners, this paper examines their status within the enforcement procedure in Serbia, especially in light of the core principle of safeguarding the debtor’s personal dignity. Over the past several decades, marked by dynamic socio-political shifts in the region, the treatment of items with affective value has evolved. Through a historical analysis of the list of exempted items and a comparative overview of normative solutions across the former Yugoslav republics, the authors identify several commendable legislative adjustments. Nonetheless, the overarching assessment suggests a degree of legislative backsliding: rather than fostering progressive, compassionate changes in the treatment of debtors, recent amendments have shown declining concern for not only economic and social factors but also the debtor’s professional, ethical, and emotional standing. As such, the current legal framework—focusing narrowly on the existential minimum—fails to adequately safeguard the dignity of debtors and their families, thus impeding the development of more humane enforcement practices in Serbia.
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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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Krstinić Dalibor, Stefanović Nenad
Статья научная
Discrimination in the field of employment and recruitment constitutes a violation of personality rights guaranteed by civil law. In the Republic of Serbia, direct and indirect discrimination in employment relationships and during the recruitment process is prohibited, and injured parties have access to judicial protection under special anti-discrimination regulations as well as under the general rules of civil law. This paper analyzes the normative framework for the prohibition of discrimination in the field of labour, as well as civil-law protection mechanisms, with particular emphasis on the right of the injured party to claim compensation for non-pecuniary damage resulting from the violation of their rights. In light of Article 21, paragraph 4 of the Constitution of the Republic of Serbia: “Special measures introduced by the Republic of Serbia for the purpose of achieving full equality shall not be considered discrimination…” – socalled affirmative measures – the paper also presents the forms of judicial protection (actions for prohibition, removal of consequences, determination of discrimination, compensation for damages, etc.) and the conditions under which the injured party may seek equitable satisfaction. The paper relies on relevant judicial practice in Serbia, including decisions of the Supreme Court of Cassation, which confirm that discriminatory conduct constitutes a violation of honour, reputation, dignity, and other personal rights that enjoy judicial protection, both through claims for cessation of the violation and claims for damages. Despite progress in normative and institutional protection, practical challenges remain – from proving discrimination under special rules on the burden of proof, to inconsistencies in judicial practice regarding the awarding of non-pecuniary damages. Therefore, it is important to continuously improve the application of the law and awareness of the right to equal treatment in employment relationships, in order to ensure that civil-law protection against discrimination is effective and comprehensive.
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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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Legal challenges of digital assets – Normative frameworks and development perspectives
Статья научная
Digital assets have become a significant and indispensable part of the modern financial system and have brought innovations in the areas of payments, investments, and financial intermediation. However, their expansion brings numerous regulatory challenges, particularly with regard to preventing money laundering, user identification, the legal treatment of decentralized finance, and privacy protection. Approaches to the regulation of digital assets vary significantly among jurisdictions – while some countries introduce comprehensive legislation, others apply restrictive or fragmented policies. Serbia has positioned itself as one of the first countries in the region to adopt a specific Law on Digital Assets (2020), thereby establishing a regulatory framework for this market. This paper analyses the legal challenges of digital assets, exploring national and international regulatory approaches, including the European Union’s MiCA Regulation. It also examines the need to strike a balance between fostering innovation and ensuring the stability of the financial system. The key finding is that continuous international cooperation and a flexible regulatory framework are necessary to enable the sustainable development of digital assets and the technologies that support them.
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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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Legitimacy and legality of revolution in the theoretical thought of Edmund Burke
Статья научная
Within legal doctrine, a longstanding debate has persisted as to whether revolution may be regarded as a legitimate and lawful means of altering state authority. From the perspective of a democratic constitutional order, revolution constitutes a violent change of state authority; however, within certain ideological frameworks, it is perceived as an instrument for transforming authoritarian regimes. Historical experience demonstrates that while some revolutions have constituted the only “effective” remedy against autocracy, others have served merely as a means of its establishment. The French Bourgeois Revolution and the October Socialist Revolution represent the opposing poles of these interpretations. Each, in its own manner, revealed both positive and negative consequences, as they were ultimately betrayed by their leaders, who appropriated them for their own ends. This study employs a range of scientific methods—most prominently historical, comparative, inductive, and hypothetico-deductive—in pursuit of an integral approach aimed at highlighting the importance of Edmund Burke’s theoretical thought. It should not be overlooked that the distinguished Serbian legal theorist Slobodan Jovanović devoted particular attention to this author, especially in the context of examining revolution as a means of violently replacing one political order with another.
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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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Статья научная
The development of electronic communications has created the preconditions for defining different, inherently alternative rules compared to the traditional rules of joint stock company law governing the convening and holding of shareholders’ assemblies. New methods of notifying shareholders of the shareholders’ assembly are being introduced, including the granting of electronic proxies for voting, as well as the participation of shareholders in the work of the shareholders’ assembly by electronic means. The rules defined in domestic legislation are harmonized with EU law and provide an adequate response to the needs of practice and to the new conditions and advancements in electronic communications in the field of convening and holding shareholders’ assemblies of joint-stock companies. The aim of this paper is to analyze certain issues in this area through an overview of the legislative framework and to highlight the positive effects of the application of electronic communications, such as efficiency, lower costs, and simplicity in the procedure for convening and holding assembly meetings. Examples from the current legal environment indicate the existence of virtual assembly meetings, which are not recognized by the Serbian Law on Business Companies. Possible directions for the further development of national legislation in this area include the introduction of virtual assembly meetings, while physical meetings should remain the rule and virtual meetings the exception that companies may use.
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Modus operandi as an analytical tool in criminal profiling
Статья научная
In contemporary criminology, modus operandi represents one of the key tools for understanding, reconstructing, and predicting criminal behavior. This paper examines modus operandi not only as a technical pattern of crime execution but also as an analytical instrument within the framework of criminal profiling. Special emphasis is placed on the principles and elements of modus operandi, its evolutionary nature, the analysis of modus operandi in investigative practice, the challenges of its application, and the relationship between modus operandi and the offender’s motives. Through qualitative content analysis, case studies, and comparative methodology, the research identifies ways in which modus operandi is used to recognize behavioral patterns, connect multiple criminal acts, and narrow the circle of suspects. The paper also highlights practical challenges in applying modus operandi, including behavioral variability, deliberate deception of investigators, and emphasizes the distinction between the functional modus operandi and the offender’s signature—a unique element that fulfills emotional and psychological needs. The results indicate that modus operandi, when properly interpreted, can have significant analytical and operational value in the process of criminal profiling. It is concluded that integrating modus operandi into forensic and investigative analysis is essential for a deeper understanding of crime dynamics, particularly in the context of serial offenses. At the same time, excessive reliance on modus operandi when analyzing crimes and creating offender profiles should be approached with caution due to the deceptive nature of criminal offenders.
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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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