Zbornik radova Pravnog fakulteta Nis最新文献

{"title":"Psychological influence and causation in tort law","authors":"M. Cvetković","doi":"10.5937/zrpfn1-36818","DOIUrl":"https://doi.org/10.5937/zrpfn1-36818","url":null,"abstract":"Causation is the prerequisite for establishing tort liability and the presumption for damage attribution to a particular defendant. Physical causation is often indisputable but psychological influence is largely problematic because people respond differently to the same stimuli, thus making causal uncertainty inevitable. Induction, incitement, intimidation, persuasion, provocation or seduction are all different, and they need to be valued accordingly. Damage caused by psychological influence is challenging because it sparks a key question: who is to blame-the person who succumbed to influence, or the \"influencer\" who exerts his psychological impact on another? The issue of causation is here intertwined with other elements of liability, such as culpa and wrongfulness. After providing an overview of Roman law on this matter, the article describes various relations in which the influencer, the tortfeasor and the plaintiff can find themselves regarding mutual psychological stimuli. The major forms and intensity of psychological influence are illustrated by cases from comparative judicial practice. Due to its immaterial nature, psychological influence calls for tailor-made evaluation criteria aimed at determining the legally relevant cause of specific damage (provocation formula). Moreover, the over-extensive concept of psychological influence may lead to unjustified burden for the influencer.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"205 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116220143","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Admissibility of request for extraordinary review of the administrative court decision in the circumstances of regular administrative court protection","authors":"N. Milenković","doi":"10.5937/zrpfn1-34220","DOIUrl":"https://doi.org/10.5937/zrpfn1-34220","url":null,"abstract":"The successive impact of administrative law and administrative justice, their multiple correlations and mutual intertwining, is best reflected in the legal protection provided within the framework of administrative judicial procedure. Thus, the provision of extraordinary administrative court protection (as one and the only devolutive type of extraordinary legal remedy in administrative procedure) is preconditioned by exhausting the appeal as a regular legal remedy in administrative procedure. Starting from the thesis on the integral nature of administrative law and administrative court protection, the author discusses how the existence of a regular legal remedy, or the position of judicial practice on the (non)existence of appeal in the regular administrative judicial procedure, affects the party's opportunity to protect itself by filing a request for an extraordinary review of the administrative court decision, envisaged in Article 49 of the Administrative Disputes Act (ADA) as an extraordinary legal remedy. The Administrative Disputes Act (ADA) envisages three types of situations in which the injured party may file a request for an extraordinary review of the judicial decision rendered by the Administrative Court. One of them refers to \"the subject matter which excludes the possibility of filing an appeal in the course of administrative procedure\". Given that the current General Administrative Procedure Act (GAPA) envisages the possibility of filing an appeal and an objection as regular legal protection instruments, there is a question of the legal relevance of objection in terms of the admissibility of using the request for an extraordinary review of the Administrative Court decision. Can the objection be considered a regular legal remedy in administrative proceedings? If the answer is positive, the request under the ADA will be rejected, which further implies that the injured party will be deprived of legal protection. If the reply is negative, it would provide for a wider application of this request in practice. In practical terms, the position on this issue has a far broader scope and significance. Depending on the way of approaching the presented issues, taking one or the other position has a substantially different impact on the forthcoming reform of the administrative court protection system, particularly in terms of introducing the second-instance (appellate) administrative judiciary.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127586266","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal treatment of no challenge clauses in licence agreements from the aspect of competition law","authors":"A. Vasić","doi":"10.5937/zrpfn0-23361","DOIUrl":"https://doi.org/10.5937/zrpfn0-23361","url":null,"abstract":"","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125311080","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal and ethical aspects of Serbian journalism: Comparative analysis of the public information and media act and the Journalists' Code of Ethics","authors":"A. Blagojević, Ivana Stojanović-Perić","doi":"10.5937/zrpfn0-23439","DOIUrl":"https://doi.org/10.5937/zrpfn0-23439","url":null,"abstract":"","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121857620","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Public administration during the COVID-19 pandemic and reform directions","authors":"Jovana Anđelković","doi":"10.5937/zrpfn1-40481","DOIUrl":"https://doi.org/10.5937/zrpfn1-40481","url":null,"abstract":"During the COVID-19 pandemic, caused by the SARS-CoV-2 virus, every form of company organization and operation has undergone certain changes. The global crisis has highlighted the role of the state and the public sector in emergency situations and tested their readiness to respond to the challenges posed by the pandemic by instituting adaptable and pragmatic solutions while respecting the rule of law. During the pandemic, state and local officials have faced huge challenges. Being obliged to deal with rapidly and constantly changing circumstances, they often had to resort to improvisations. In such an extremely difficult context, it was of great importance to avoid administrative barriers, which could result in the loss of valuable time during the crisis. The pandemic has revealed many weaknesses in the functioning of state and local governments across Europe, including organization issues, change of workplace (from office to home environment), a new mode of interaction with citizens, etc. In developing countries, inadequate legislative provisions, technical solutions and insufficient digitalization have contributed to slowing down the administrative procedures. The aim of this paper is to indicate the problems faced by state administrations and local governments during the COVID-19 pandemic, to highlight the examples of good practices, and to indicate the reform directions after the pandemic.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124112403","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Environmental function of land ownership","authors":"Milica Vučković","doi":"10.5937/zrpfn0-34336","DOIUrl":"https://doi.org/10.5937/zrpfn0-34336","url":null,"abstract":"Subject of this research is the environmental function of land ownership, materialised in two civil law institutes. These are sui generis easements of common law and propter rem obligations of french law. Those institutes are a sintesis of different, more or less sincere strivings to give contributions to the Environmental Law from all of the fields of law studies. At the same time, civil law institutes attest to the great evolutive potentials of Civil Law, despite it being so old branch of law.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122319065","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Environmental law between public law and private law","authors":"Mirjana Drenovak-Ivanović","doi":"10.5937/zrpfn0-23687","DOIUrl":"https://doi.org/10.5937/zrpfn0-23687","url":null,"abstract":"","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128079557","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Alternative digital currencies in international monetary law: Global stablecoins","authors":"M. Dimitrijevic","doi":"10.5937/zrpfn1-34857","DOIUrl":"https://doi.org/10.5937/zrpfn1-34857","url":null,"abstract":"Alternative digital currencies were created to correct the shortcomings of the so-called first generation of cryptocurrencies. Their impact on the monetary order stability, systemic risk, and monetary policy strategy pursued by the Central Bank has been insufficiently examined, primarily because they are issued by large technology companies rather than the Central Bank as the custodian of monetary sovereignty. The treatment of cryptocurrencies in tort law is different from the monetary law standpoint. As such, the former is not considered in this paper because it is a private law relationship. On the other hand, monetary law refers to public law relations, including the regulatory powers of the Central Bank and the legal definition of alternative money by the provisions of the Central Bank law. As the supreme monetary institution, the Central Bank has a monopoly over the legal tender for designating and issuing money. In that sense, it would be useful to deal with the place and importance of alternative money in monetary law first, and then with other branches of private and public law. In legal terms, the acceptance and circulation of alternative money impose simultaneous (and highly demanding) consideration of the legal nature of cryptocurrency, where we can see the primacy of the social theory of money over state monetary nominalism. However, this primacy must be only temporary because the historical development of money (in all its forms) clearly shows that the emergence of any currency must sooner or later be regulated by adequate laws, for the sake of legal security and preservation of monetary stability. In a way, the accelerated technical-technological development has \"caused\" the existing status quo in the classical and (to some extent) the contemporary monetary law thought about how money is legally defined and who can take the role of money issuer, which has shaken the centuries-old awareness of the nature and functions of money in modern society. The circumstances that have influenced the reconsideration of already acquired habits include the emergence of reduced use of cash in circulation, the emergence of \"sharing\" technology that enabled the creation of cryptocurrencies, the announcement of leading technology and other multinational companies on issuing private cryptocurrencies, as well as the circumstances related to the global economic and financial crisis and the Covid-19 pandemic which point to certain advantages of alternative money.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125565028","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Countering unacceptable tax avoidance through general anti-avoidance rule in EU tax law","authors":"I. Radić","doi":"10.5937/zrpfn0-29165","DOIUrl":"https://doi.org/10.5937/zrpfn0-29165","url":null,"abstract":"One of the greatest challenges modern states are faced with is finding a way to tackle unacceptable tax avoidance, especially aggressive tax planning schemes and the use of the so-called tax heavens. In this process, many states adopt a general anti-avoidance rule that allows for tax administration to deny tax benefits realized through the use of abusive tax arrangements, which are in accordance with the letters of the law but circumvent its purpose. At the EU level, Article 6 of the Directive 2016/1164 (Anti-Tax-Avoidance Directive, ATAD), laying down rules against tax avoidance practices that directly affect the functioning of the internal market, contains the general anti-avoidance rule (GAAR). This paper aims to analyze the ATAD's GAAR and related case law of the European Court of Justice in tax avoidance cases in the context of abuse of EU law. In the first section, the author defines tax avoidance and tax evasion in order to clearly distinguish the two terms, and explains the need for the GAAR. The second part presents the elements of the GAAR and the consequences of its application. The third section addresses the issue of legal certainty in applying the GAAR. As one of the prerequisites for tackling the unacceptable tax avoidance and aggressive tax planning is enhanced cooperation of tax administrations and greater transparency of tax information, the author analyzes the 2011 Directive on administrative cooperation in tax matters (DAC) and its numerous amendments. Finally, we present perspectives on the harmonization of direct taxes and depict a potential global solution to reform the outdated international corporate tax system, with action on the reallocation of taxing rights and minimum effective taxation.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132505434","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Reflections of fairness in the field of contemporary taxation","authors":"M. Dimitrijević","doi":"10.5937/zrpfn0-33880","DOIUrl":"https://doi.org/10.5937/zrpfn0-33880","url":null,"abstract":"Fairness of taxation is one of the inevitable topics in the domain of evaluating the effects of taxation within the national framework. The path towards instituting fair taxation is burdened by many obstacles, which are particularly prominent in times of complex and changing socio-political and economic trends. Given that each period has its own traps, the full content, true meaning and factual acceptance of fair taxation postulates have to be constantly reexamined. In that context, this paper examines fairness of taxation and its reflections in the sphere of contemporary taxation. Considering that fair taxation is a reliable support for building correct tax-law relations, the author provides a detailed analysis of fundamental requirements for its implementation, expressed in the form of general tax obligation (tax universality) and equal distribution of tax load. In particular, the author clarifies the occurrence of a relatively limited effect of the general tax obligation in contemporary conditions, caused by the existence of tax exemption and tax reliefs, and elaborates on the dimensions of horizontal and vertical equity in taxation. The paper also provides an in-depth examination of tax system transformations, achieved as a result of conducted tax reforms in the past few decades, with the aim of confirming the hypothesis about the dwindling significance of the ability-to-pay principle (paying taxes according to economic capacity) as a fundamental rule for modelling contemporary tax structures.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130901880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}