Articles. Рубрика в журнале - Pravo - teorija i praksa
Статья
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Статья научная
Na osnovu svega gore navedenog, možemo zaključiti da principi medijacije i njihovo poštovanje u velikoj meri zavise od same ličnosti medijatora, budući da ih on primenjuje u toku celog postupka rešavanja spora u zavisnosti od njegove umešnosti i slobode. Sledstveno tome neophodno je da zakonodavac, sledeći stanje na terenu permanentno interveniše u cilju određivanja sankcija, odnosno da ih propiše tamo gde su one zaista i neophodne. Posebno pažnja treba da se posveti sankcijama koje bi se preduzele protiv medijatora koji ne poštuje principe poverljivosti, neutralnosti i nepristrasnosti, koji se smatraju vodećim pravilima i daju opis njegovog ponašanja u toku posredovanja. Polazeći od nomotehničkog aspekta principi medijacije u velikom broju država uređeni su u okviru posebnog dela Zakona o medijaciji. Ovo s jedne strane daje mogućnost za veću preglednost principa iako to ne znači i veću jasnost i razumljivost, a sa druge strane pak potencira njihov značaj za postupak medijacije. U svakom slučaju neophodno je da su ovi principi definisani na jasan način kako bi mogao i običan građanin sa prosečnim poznavanjem prava da shvati suštinu ovog servisa i njegove prednosti. Pored gore navedenog načina, u okviru nekih država, u kojima ovaj "servis Građana" postoji već duže vreme, principi medijacije nisu posebno definisani već čine sastavni deo samog zakonskog teksta.
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Priznanje i izvršenje stranih sudskih odluka u Bosni i Hercegovini
Статья научная
Značaj priznanja i izvršenja stranih sudskih odluka, kao i posledice koje mogu iz toga proizići poznat je uglavnom jednom užem krugu ljudi koji se kroz pravnu nauku i sudsku praksu bave ovim pitanjem. Kroz ovaj rad dato je objašnjenje pojma strane sudske odluke, kao i uslova koje je neophodno ispuniti da bi se jedna takva odluka mogla priznati i izvršiti pred nekim od nadležnih sudova u Bosni i Hercegovini. Pored mogućnosti da strana sudska odluka bude priznata, postoji i mogućnost da joj se pred domaćim sudom uskrati priznanje kada se za to steknu zakonom propisani uslovi. Osim teorijskog osvrta na ovo pitanje, u radu su data i objašnjenja koja se tiču sudske prakse na teritoriji Bosne i Hercegovine. Na ovaj način želelo se postići da se sa ovim pitanjem upozna ne samo stručna već i šira javnost.
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Procedural specifics in small-value claims litigation
Статья научная
This paper analyzes specific provisions of the Civil Procedure Law concerning procedural rules in small-value claims litigation. Due to the normative redefinition and expansion of the concept of small-value claims litigation, courts of general jurisdiction most often follow the rules applicable to this special procedure. In small-value claims proceedings, the right to legal protection is not exercised through the standard (full) cognitive procedure, but through special rules designed to ensure that these cases are concluded efficiently and economically. Given the limitations in the scope of this paper, the analysis focuses on the specific features that characterize this procedure, which also determined the content of the paper.
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Property relations between partners in non-marital and same-sex unions
Статья научная
By defining the concept of a non-marital union in the Family Law of the Republic of Serbia, the legislator highlights the key similarities and differences between non-marital and marital unions, particularly in terms of their formation and the evidentiary standards required to establish their existence—factors that directly impact the exercise of property rights. The authors’ intention is to present, through an analysis of broader scholarly literature and relevant judgments of the European Court of Human Rights, the nature and various approaches concerning property relations in nonmartial and same-sex unions. The study employs a comparative legal method, analysis of statutory provisions, legal doctrine, and case law. By examining relevant legislative provisions and judicial decisions, the aim is to assess the legal framework, identify challenges in its application, and explore potential avenues for extending the protection of these relations within the existing legal system, taking into account the practice of the European Court of Human Rights and the principles of non-discrimination.
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Recent developments of digital constitutionalism in Europe
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The influence of modern digital technologies on contemporary constitutional law, both at the national and comparative level, has been steadily increasing. Having emerged in the early 21st century, digital constitutionalism, although one of the youngest categories of public law, significantly affects constitutional principles and values, particularly in Europe. Digital constitutionalism is especially significant because its existence and original development require at least a partial redefinition of constitutional law, particularly in the context of protecting fundamental rights and freedoms. This paper examines the normative framework for the European Digital Constitution (EDC), which encompasses the extensive set of digital law regulations adopted by the European Union (EU) and the Council of Europe (CoE). The paper also analyzes the Venice Commission’s Principles for a Fundamental Rights–Compliant Use of Digital Technologies in Electoral Processes. The concept of the EDC is elaborated, along with its main objectives.
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Статья научная
In many national systems of private international law, reciprocity is still a condition for the recognition and enforcement of foreign judgments in civil and commercial matters. However, in the modern globalized economic and social context, where legal and natural persons enter into cross-border private law relationships and international transactions on a daily basis, the question is whether this condition is justified and necessary. Although many states have taken a more flexible approach to this issue in the last few decades, this condition still exists in the legislation of a certain number of states and is considered to be a major obstacle to the recognition and enforcement of foreign judgments. In the legislation of the Republic of Serbia, reciprocity is also one of the conditions for the recognition of foreign judgments. In order to be able to respond to the ever-increasing economic interest expressed through crossborder trade and investments, it would be desirable to consider amending our applicable legislation, as well as the Republic of Serbia’s acceding to the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments. Namely, it has entered into force recently and is aimed at giving a truly global significance to the unification of conditions for the recognition and enforcement of judgments. At the same time, this would also eliminate the problem of reciprocity in relations between the Republic of Serbia and states party to the Convention, both in terms of difficulties related to the procedure for its establishment and the recognition of judgments of the courts of the Republic of Serbia in the states requiring diplomatic reciprocity in this respect.
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Статья научная
With the development of technology, especially the emergence and expansion of the internet over the past two decades, many traditional crimes have acquired new methods and means of execution, such as the use of computers, mobile phones, or other devices. In response to these new ways of committing crimes, the international community, within the framework of the Council of Europe, adopted the Budapest Convention in 2001, specifically addressing cybercrime. After ratifying the convention, the domestic legislator passed the Law on the Organization and Competencies of State Bodies for the Fight against High-Tech Crime, incorporating legal provisions from the convention. This law has not been significantly changed or amended since its adoption. However, the provisions in this law, especially in terms of jurisdiction, have proven to be inadequate and overly broad. The wide range of criminal offenses covered by this law has made it relatively ineffective and has overburdened the prosecutor’s office responsible for prosecuting high-tech criminals. Moreover, the approach taken by the legislator in 2005, which concentrated jurisdiction in the High Public Prosecutor’s Office and the High Court in Belgrade, is no longer justifiable in today’s age of widespread technology, internet access, and social networks. This paper aims to provide a brief overview of the Budapest Convention, which served as the foundation for the adoption of national regulations, and to highlight the shortcomings and unsustainability of the legal solutions proposed by the domestic legislator when national regulations in this field were established in 2005.
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Sentencing juvenile imprisonment
Статья научная
Juveniles represent a sensitive category of delinquents, due to which they enjoy a special criminal-legal status. Their age necessitates different models of criminal-legal reaction in which educational measures dominate as the primary criminal sanctions. In exceptional cases, the legislator has prescribed possibilities for pronouncing a juvenile imprisonment sentence. This compassionate attitude towards juveniles stems from the fact that they are, as yet, psychologically and physically immature individuals. Hence, in literature, they are referred to as “delinquents in miniature” and “great criminals in waiting”. However, regardless of this “privileged” status, juveniles may be sentenced to juvenile imprisonment. Its specificity is reflected in the application of the principle of exceptionality in sentencing, a shorter duration, special general and specific rules for determining the sentence, as well as a special method of execution. The specificity of juvenile imprisonment particularly comes to the fore during sentencing. Special rules are applied here, with a simultaneous reference to the application of norms that relate to adults. Consequently, we consider it necessary to present the area of juvenile sentencing from the perspective of our legislator.
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Socio-demographic characteristics of traffic offenders
Статья научная
The human factor is regarded as the most significant element in traffic safety. Its complexity and impact on delinquent traffic behavior bring this issue into focus, especially in developing countries. In criminological studies of the causes of traffic delinquency, it is crucial to identify the personality traits of traffic participants that lead to behaviors deviating from socially desirable norms. In other words, it is necessary to point out those characteristics of traffic participants (personality traits, demographic characteristics, attitudes, habits) that contribute to socially deviant behavior and the commission of traffic offenses. The importance of studying these characteristics lies in their application to find adequate measures to influence the behavior of traffic participants and prevent traffic delinquency. This paper analyses the socio-demographic characteristics of traffic offenders in the Republic of Serbia (age, education level and marital status), based on statistical data on traffic offenses for the period 2010- 2019. These characteristics are essential for understanding the social and demographic structure and specific social peculiarities of traffic offenders. Numerous studies have shown that socio-demographic characteristics are significantly positively correlated with safe road user behavior. The results of this research on the socio-demographic characteristics of traffic offenders in Serbia for the period 2010–2019 confirm this conclusion, which is presented in this paper.
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Some remarks on the cultural identity of Bunjevci in Vojvodina
Статья научная
This paper presents some remarks on the cultural identity of the Bunje people or Bunjevci, a national group that has historically undergone a long and difficult journey in preserving their identity. Their struggle – challenging their very existence and fighting for a “rebirth”, including their re-recognition and the restoration of the rights they have held since their arrival in these regions in the 17th century – warrants a place in academic discourse. Although the Bunjevci have been recognized both as a nation and as significant contributors to numerous social and political events since their settlement in these areas, their existence was completely erased by a political decision in Serbia in the mid-20th century. This paper briefly outlines the key elements of the cultural identity of Bunjevci, which sustained them during a period of figurative exile. These include their origin, language, education, and customs, with particular emphasis on their role in some crucial historical events for Serbia. Each of these aspects deserves greater attention, and through this work, we express the need for deeper exploration of these elements, in order to support the Bunjevci in maintaining their permanent status as a national minority.
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Special labour law protection for foster parents and the child in their care
Статья научная
The labour law implications of establishing foster care are reflected in the special protection granted to foster parents in employment. This protection is designed to ensure, with additional and intensive support from society, that a child without parental care, or a child under parental care who has developmental disabilities or behavioural disorders and is temporarily unable to live with their parents, can achieve optimal development in a family environment. The ultimate goal is the child’s return to the biological family, preparation for independent living and work, or the adjustment of protective measures. On the other hand, for the foster parent who directly cares for the child based on the decision of the guardianship authority, it is necessary to facilitate the reconciliation of family responsibilities with obligations towards the employer. This entails occasional leave from work for child care, as well as leave for special child care, job protection, and protection within the framework of working time regulations. This paper is based on the application of legal-dogmatic and comparative-legal methods, and aims to reaffirm the special protection of foster parents in employment, with an overview of the most important aspects of its regulationn at the international and national levels.
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Статья научная
In addition to the expansion of general-type ombudsmen, it has been recognized that, for the protection of citizens’ rights, it is necessary to have the so-called specialized ombudsmen, who focus their activities on administrative oversight and the protection of citizens’ rights in specific areas of social life. Thus, there are public law ombudsmen of an external type, internal ombudsmen, and private law ombudsmen. This paper pays particular attention to the position of the Commissioner for Information of Public Importance and Protection of Personal Data in the Republic of Serbia, who is, in fact, a special public law ombudsman of an external type. The paper discusses this special ombudsman’s complex jurisdiction, which is defined by the Law on Free Access to Information of Public Importance and the Law on Personal Data Protection. The authors analyze the competences of this special type of ombudsmеn.
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The emergence of digital identity as a new legal concept
Статья научная
With the development of modern digital society, the degree of interaction among subjects taking place in the digital space is increasing. This interaction is based on the use of personal data between subjects for the purpose of confirming and verifying their identity. The issue of applying personal identity in the digital space has created the reality of the de facto existence of digital identity as a new form of personal identification. Digital identity is an identity composed of information stored and transmitted in digital form. Therefore, the question arises as to how the new concept of personal identity, as digital identity, can be encompassed by legal rules in order to enable transactions. The authors argue that digital technology calls for a new philosophy of identity. They further argue that digital identity necessarily requires a redefinition of the traditional legal framework. In the following discussion, the paper will examine who may be treated as a legal subject in transactions conducted through digital identity. It will also consider how legal presumptions may change to include new realities, and, most importantly, it will present the legal treatment of the technical structure that constitutes digital identity.
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Статья научная
Mergers and acquisitions (M&A) are among the key strategies for the growth and development of companies, particularly in transition countries, where they significantly contribute to economic growth. This is especially relevant in the period following the crisis of M&A transactions caused by the COVID-19 pandemic and the military conflict in Ukraine. Therefore, the aim of this research is to identify the key investment motives, taking into account financial strategies and risks, with reference to the institutional framework in transition countries. By applying the Systematic Literature Review (SLR) method and a multidisciplinary analysis of the factors influencing M&A activities in these economies, the research seeks to contribute to a better understanding of the key drivers of these processes and to provide relevant implications for company managers and policymakers. The findings point to three dominant motives for M&A in transition countries. They expand the knowledge of M&A motives in transition economies and highlight the need for further research on this topic, given the complexity of the market and its turbulent dynamics, as evident also in the sphere of innovative technologies.
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The importance of the National CERT institution for the Republic of Serbia
Статья научная
The National CERT is the institution responsible for coordinating, preventing, and protecting against current security risks in the information and communication systems of operators at the national level. This article explores the mechanisms of protection, prevention, and response to security threats, emphasizing the role and importance of the CERT institution for the Republic of Serbia, the application of the Law on Information Security, and the raising of public awareness about information security. Various research methods have been applied, including the method of concretization, the combined method of analysis and synthesis, the inductive-deductive method, the comparative method, and the statistical method. The Law on Information Security regulates protective measures against security risks in information and communication systems, defines the responsibilities of legal entities in managing and using such systems, and determines the competent authorities for implementing those measures. Through supervision, control, and recordkeeping of all security threats in the Republic of Serbia, the National CERT enables proactive engagement by competent institutions, thereby enhancing the level of national security and Serbia’s position on the global stage.
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Статья научная
In the era of global digitalization, the legal regulation of data protection has become a key challenge for international law and business. While the European Union establishes robust privacy standards through the General Data Protection Regulation (GDPR), the United States applies a fragmented approach through various federal and state laws, creating legal challenges in transatlantic data protection regulation. This paper analyzes the legal consequences of the regulatory gap between the EU and the United States, particularly in light of the annulment of the Privacy Shield agreement. Through comparative legal analysis and case studies, the paper explores how differing legal frameworks impact the global digital economy, user privacy, and international corporations. Special attention is given to the extraterritorial reach of the GDPR, its influence on U.S. legislation, and potential legal mechanisms that could contribute to regulatory harmonization. The paper highlights the need for harmonizing international data protection standards that establish a balance between legal security, privacy protection and encouraging innovation in the digital ecosystem.
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The problem of sovereignty in the philosophy of the 17th–18th centuries (T. Hobbes and S. Pufendorf)
Статья научная
This study presents a philosophical reflection on the question of sovereignty, viewed through a comparative analysis of two philosophers: Thomas Hobbes and Samuel Pufendorf. The field of inquiry lies between political philosophy and the philosophy of law. The literature review centers on prominent thinkers such as Machiavelli, Bodin, Spinoza, Locke, Montesquieu, Rousseau, Kant, and others, in order to provide a broader and deeper understanding of the questions surrounding sovereignty. The bibliographic research is oriented toward a comparative and analytical approach. A foundational understanding of Hobbes’s and Pufendorf’s philosophical positions is essential, as the comparative analysis aims to articulate their discourse on topics such as the idea of objective social unity and the ways in which national sovereignty is concretized. The comparison focuses on the form and substance of the social contract. At the core of the discussion is the relationship between popular (political) sovereignty and state sovereignty. The discourse highlights the nature of sovereign power and the issue of freedom, challenging the principle of representativeness. Positioned between the idea of indivisible force and the power to realize justice, sovereignty is situated within the conflicting contexts revealed through this comparison. The study further explores the political-legal system and the concept of the rule of law. Additionally, it addresses the complex relationship between internal and external sovereignty, wherein the essence of sovereignty is often compromised.
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The right of divulgation as a form of the right to privacy
Статья научная
The author’s personal right of divulgation—the right to publish a work—is not universally recognized in all countries. Considering its potential significance for the author, it is necessary to examine the rationale behind its legal regulation. To that end, in the first part of the paper, the authors, applying legal dogmatic and sociological methods, analyze the right to privacy, its legal foundations, and its various forms. In the second part, using the legal dogmatic method, they examine the concept and scope of the right of divulgation and conduct a comparative legal analysis. By applying deductive and comparative methods, the authors further explore potential legal grounds for the recognition of the right of divulgation, particularly its relationship with the right to privacy. Based on this analysis, the authors conclude that the right of divulgation can be viewed as a form of the right to privacy, thereby highlighting the need for its broader international recognition in order to protect the author’s privacy interests.
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