Articles. Рубрика в журнале - Pravo - teorija i praksa
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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The role of administrative districts in the administrative system of Serbia
Статья научная
This paper analyzes the role of administrative districts and local units of state administration authorities, as well as the needs and possibilities for their reform. The non-central aspect of public administration itself constitutes a complex whole with multiple distinct elements, interrelations, and needs. In this context, the paper examines the possibilities and methods for “strengthening administrative districts” and “improving vertical and horizontal oversight in the execution of original and delegated tasks” at the non-central level, as defined by current planning documents. The core of this analysis is grounded in positive legal provisions, as well as strategic and planning documents in Serbia, accompanied by relevant comparative references. The main research dilemma concerns the limited possibilities for enhancing the performance of state administrative tasks through or within administrative districts. This limitation stems from the nature of the non-central aspect of public administration as a complex subsystem with two components: local self-government with its own original tasks (decentralized aspect), and local self-government with delegated tasks alongside local units of state administration authorities (more or less centralized aspect), which are interconnected through the administrative district.
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Статья научная
The seller’s liability for material defects in goods is an important institute in contract law. We witness the daily execution of legal transactions. Although the sale contract of sale is a named contract, it remains in the process of development, especially with the increasing prevalence of online sales. Due to frequent disputes between sellers and buyers, the questions of defining the seller’s liability – in what scope, in what manner, and within what deadlines – are of exceptional importance for legal practice, as well as for every individual. Therefore, the main subject of this paper is a detailed legal analysis of the seller’s liability for material defects in goods based on Article 479 of the Law on Obligations, 1978. The liabilities of the seller arising from the contractual relationship regarding defects in goods are examined critically, with a comparative analysis of this institute and solutions in other legal systems, particularly in countries of the region, i.e. neighboring countries.
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Статья научная
The rule of law is one of the oldest and most significant ideas in the history of legal and political thought. Contemporary legal scholars widely emphasize that this concept occupies a central place in clearly articulated views concerning the state, law, politics, and economics. As an ideal worth striving toward, the rule of law has been addressed by leading figures in law, economics, and political theory. The discourse on the principles of constitutionality and legality has consistently served as a cornerstone in affirming the importance of the rule of law in modern legal systems. This is particularly relevant given that these principles are essential to the existence of the legal state. In accordance with the focus of this paper, the authors analyze several key issues: how to determine the significance of the relationship between the principles of constitutionality and legality and the rule of law, how to conceptually present the essence of constitutionality, legality, the rule of law, and the legal state.
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The subculture of clothing between human rights and the threat of terrorism
Статья научная
Although at first glance clothing choices appear to be a matter of individual freedom—subject only to certain exceptions involving unwritten, or more rarely written, norms that typically carry no serious sanctions—there are situations in which this issue is raised to a much higher level. It is often linked to specific garments associated with Muslim women, such as the hijab, niqab, burqa, and others. In line with this, the paper highlights certain challenges related to human rights issues, but also to security concerns, which require a more in-depth and nuanced approach, especially considering numerous instances in which men dressed as women have carried out terrorist attacks or evaded law enforcement. In order to propose a suitable legal solution—a compromise that would respect individual rights while also addressing potential security risks—the paper employs several methodological approaches. A comparative method is used to examine the legal frameworks of different countries. Documentary analysis is applied to judgments of the European Court of Human Rights. Additionally, an analytical approach is used to examine relevant passages from the Qur’an that pertain to clothing and the obligation to cover certain parts of the body.
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Zloupotreba platnih kartica kao pojavni oblik kompjuterskog kriminala
Статья научная
Platne kartice predstavljaju savremeni način plaćanja. Poslednjih godina, pojavljuju se i konstantno razvijaju različiti načini zloupotreba platnih kartica. Sa ciljem detaljnije analize ove problematike, u radu su dati odgovori na pitanja koja se tiču načina zaštite platnih kartica, pojave i načina zloupotreba platnih kartica, krivičnopravnog tretmana u Republici Srbiji, nekih osnovnih karakteristika krivičnog dela iz člana 243 KZ, i dr. Zloupotreba platnih kartica predstavlja samo deo kompjuterskog kriminaliteta ali kroz nju možemo zaključiti koliki je uticaj danas ovog vida kriminaliteta na život ljudi. Iako je ovakav oblik kriminaliteta kod nas novijeg datuma, krivična dela iz ovog domena su sve više prisutna. U budućnosti se svakako mora nastaviti borba protiv ovakvog oblika kriminaliteta.
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