{"title":"Dissemination of fake news, COVID-19 pandemic and criminal law","authors":"D. Miladinović-Stefanović","doi":"10.5937/zrpfn1-431586","DOIUrl":"https://doi.org/10.5937/zrpfn1-431586","url":null,"abstract":"The health crisis caused by the global spread of the infectious disease COVID-19 has generated significant changes in many segments of human life, leading to a new narrative on the so-called \"new normality\". Without elaborating on the meaning of this phrase and the implications of declaring everything we have been through in the past period as normal, the paper analyzes only one aspect of these changes. It refers to a surge of different (dis)information we have been flooded with from various sources. In theoretical discourse, this phenomenon has already been designated as infodemia, a coined and rather illustrative concept. In the conventional media, and particularly on the Internet and social networks, there is a proliferation of ample content on the COVID disease, ways of treatment, the functioning of the economy, crime rates in the new circumstances, etc. The contradictory nature of these contents often causes confusion and panic in the general public, turmoil and disturbance of public order and peace, but it also aggravates the implementation of decisions and measures of state bodies or the functioning of organizations in charge of performing public authorities. The paper is an attempt to critically consider the criminal law reaction to the dissemination of false news in the circumstances of the COVID-19 pandemic. The author first presents the Serbian normative framework on this matter in emergency situations, refers to selected foreign legislations, and analyzes the available data on the practical application of legal provisions in extraordinary circumstances.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"282 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":"122952439","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":"Animals and orthodox Christianity","authors":"N. Stojanovic","doi":"10.5937/zrpfn0-34085","DOIUrl":"https://doi.org/10.5937/zrpfn0-34085","url":null,"abstract":"Religion has always had a special impact on man's attitude towards animals. In this context, this paper explores the correlation between animal welfare and Orthodox Christianity, with specific reference to the position of the Serbian Orthodox Church on this issue. The research has been conducted with the aim of examining the links between animals and Orthodox Christianity, establishing whether the official position of the Serbian Orthodox Church (SOC) promotes animal welfare, and whether its activities embody the recognition and protection of animal rights. For the purposes of this paper, the author has applied the sociological, legal-dogmatic, and historicalcritical methods. The conducted research shows that the Serbian Orthodox Church does not have an official position on animals; thus, the correlation between animal welfare and Orthodox Christianity cannot be precisely determined. Yet, due to the impact of the canons of the Holy Scriptures, it is quite certain that the Serbian Orthodox priests formally advocate for animal welfare and observance of animal rights, and officially condemn any cruel treatment against animals. On the other hand, man's love for animals must be moderate and never above man's love for God and other human beings. Orthodox Christianity does not prohibit the use of meat and fish in nutrition, nor does it consider killing animals an immoral act. Such an approach is also pertinent to Islam and Judaism, while Buddhism advocates respect for all forms of life by promoting the principle of ahimsa (non-violence), which applies to all living beings. It is clear that Orthodox Christianity does not advocate for the recognition of animals' rights to life, nor does it recognize animals as legal subjects. The twelve-year application of the Animal Welfare Act in the Republic of Serbia has shown that a number of factors hinder a better protection of animal welfare. The Serbian Orthodox Church largely contributes to such a situation by failing to promote animal welfare, protection and a more humane treatment of animals (particularly stray or abandoned animals) in its regulatory acts and social activities.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"464 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":"123054153","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":"The consequences of transgender identity in labour law","authors":"Slobodanka Kovačević-Perić","doi":"10.5937/zrpfn0-22983","DOIUrl":"https://doi.org/10.5937/zrpfn0-22983","url":null,"abstract":"","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"29 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":"124905176","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":"The dispersion of justice and criminal procedural law: Serbian standpoint","authors":"Vojislav Đurđić, Isak Davidov","doi":"10.5937/zrpfni1983077dj","DOIUrl":"https://doi.org/10.5937/zrpfni1983077dj","url":null,"abstract":"","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"110 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":"122622769","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":"Economic effects of creditors' rights protection","authors":"Ahmedin Lekpek","doi":"10.5937/zrpfn0-33013","DOIUrl":"https://doi.org/10.5937/zrpfn0-33013","url":null,"abstract":"The willingness of creditors to satisfy the credit demand of the population and the economy under mutually acceptable conditions directly depends on the degree of legal protection enjoyed by creditors. In this paper, we deal with the protection of creditors' rights and the instruments used for this purpose. The aim of this paper is to consider the economic effects arising as a result of the application of instruments of creditors' rights protection, which affect not only the financial position of creditors and debtors but also the stability and efficiency of the financial and economic system as a whole. The research results show that the existence of an adequate level of protection of creditors' rights has a strong positive impact on the size and activity of the credit market. On the other hand, the application of various instruments of creditors' rights protection can cause both positive and negative effects on the creditors position. Yet, an excessively high level of creditors' protection can significantly worsen the position of debtors and, consequently, aggravate the position of creditors in the long run.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"161 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":"122767130","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":"Application of Brussels II bis regulation in exercising the right of access to a child by extended family members","authors":"Radmila Dragišić","doi":"10.5937/zrpfn0-31490","DOIUrl":"https://doi.org/10.5937/zrpfn0-31490","url":null,"abstract":"In this paper, the author explores the sources of European Union Law that regulate one segment of parental responsibility - the right of access to a child. The focal point of research is the transition from the conventional (interstate) regulation of judicial cooperation in marital disputes and parental responsibility issues to the regulation enacted by the European Union institutions, with specific reference to the Brussels II bis Regulation. First, the author briefly points out to its relationship with other relevant international law sources regulating this subject matter: the Hague Convention on the Civil Aspects of International Child Abduction; the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in the Field of Parental Responsibility and Measures for the Protection of Children; and other international sources of law. Then, the author examines in more detail its relationship with the Brussels II bis recast Regulation, which will be applicable as of 1 August 2022. In addition, the paper includes an analysis of the first case in which the Court of Justice of the European Union (CJEU) decided on the application of the Brussels II bis Regulation, at the request of granparents to exercise the right of access to the child. On the issue of determining the competent court which has jurisdiction to decide on how this right shall be exercised, the CJEU had to decide whether the competent court is determined on the basis of the Brussels II bis Regulation or on the basis of national Private International Law rules. This paper is useful for the professional and scientific community because it deals (inter alia) with the issue of justification of adopting a special source of law at the EU level, which would regulate the issue of mutual enforcement of court decisions on the right of access to the child. This legal solution was proposed by the Republic of France, primarily guided by the fundamental right of the child to have contact with both parents.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"47 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":"122865887","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":"The impenetrable wall of administrative silence in Serbia","authors":"V. Cucić","doi":"10.5937/zrpfn1-36401","DOIUrl":"https://doi.org/10.5937/zrpfn1-36401","url":null,"abstract":"The administrative silence, as an apparent manifestation of maladministration, has become an ever-increasing problem in Serbia. The number of administrative silence lawsuits submitted to the Administrative Court has increased more than 26 times in the last 10 years. Two potential reasons why the parties do not submit administrative appeals and administrative silence lawsuits to the Administrative Court even more often could be the lack of necessary legal knowledge (most of the parties are lay persons) or their distrust in the available legal protection mechanisms. Unfortunately, the legislator and the judiciary have undertaken measures that further aggravate the situation. This paper discusses two forms of legislative and judicial support to administrative silence, which discourage parties from using legal remedies against administrative silence and engaging lawyers. The legislator effectively supports administrative silence by, save for one exception, preventing parties from claiming damages for the damage they sustained due to the failure of competent administrative authorities to decide in their cases in a timely manner. The Administrative Court supports the administrative silence by a legal stand prescribing that a party is not entitled to reimbursement of the costs of the proceedings, including the costs of lawyer's services, provided that the first-instance administrative authority replaced its act challenged by an administrative appeal before the Administrative Court decided on the administrative silence lawsuit.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"10 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":"121782175","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":"Systemic agency in education in extraordinary circumstances: Challenges encountered by LF Niš during the COVID-19 pandemic and opportunities for developing systemic agency in legal education","authors":"G. Ignjatović","doi":"10.5937/zrpfn1-42724","DOIUrl":"https://doi.org/10.5937/zrpfn1-42724","url":null,"abstract":"Systemic Agency is the capacity of the system as a whole to respond to emerging issues by relying on the collective intelligence and joint action of all stakeholders involved in system processes. This paper explores the systemic agency of participants in legal education at the Law Faculty in Niš during the COVID-19 pandemic (2020-2022), when higher education fully resorted to online instruction. The first part of the paper outlines the conceptual framework of systemic agency. The second part briefly presents the initial institutional response and educational circumstances at the outset of the pandemic in Serbia. The third part examines the challenges encountered by LF Niš students and teachers, and observed benefits of e-learning, by analyzing the empirical research results of several surveys conducted at LF Niš in this period. Based on these insights, the author reviews the opportunities for improving the systemic agency of core stakeholders and the system as a whole for prospective e-learning purposes. Attempting to record the first teaching/learning experience at LF Niš fully conducted online, the author emphasizes the potentials of online/hybrid learning in legal education and promotes joint action in developing a more responsive, supportive and efficient systemic approach applicable in both regular and extraordinary circumstances.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"43 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":"133371552","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":"The world health organization: The (un)attainable ideal?","authors":"Jovana Blešić","doi":"10.5937/zrpfn0-33746","DOIUrl":"https://doi.org/10.5937/zrpfn0-33746","url":null,"abstract":"The World Health Organization (WHO) is one of the UN specialized agencies. Its work and functions gained even more importance in 2020 with the emergence of the corona virus. The eyes of the entire international community focused on this organization and its Director General. Nowadays, its efficiency has been subject to various forms of criticism. In this paper, the author first provides a brief overview of this organization and its significance. The central part of the paper focuses on the activities of the WHO during the Covid-19 pandemic, through the clarification of the concept of public health emergency of international concern and the use of International Health Regulations. Finally, the author discusses the possible reform of this body. The aim of this paper is to familiarize the readers with the World Health Organization and put its activities in the context of the ongoing Covid-19 pandemic.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"30 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":"114755259","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":"Deposit insurance: Conventional and Shariah approach","authors":"Ahmedin Lekpek","doi":"10.5937/zrpfn1-41837","DOIUrl":"https://doi.org/10.5937/zrpfn1-41837","url":null,"abstract":"Deposit insurance has become an integral element of the modern banking system, which contributes to the safety of depositors and the business stability of banks. This paper analyzes the conventional and Shariah approach to deposit insurance. The paper aims to consider the features of the conventional and Shariah approach to deposit insurance, including their similarities and differences. Based on the analysis of the mentioned approaches and considering their functions in the banking system, it can be concluded that the Islamic deposit insurance model, created in accordance with Shariah principles, and the conventional deposit insurance model do not differ significantly. The difference is primarily reflected in the fact that the conventional insurance model contains certain Shariah-prohibited elements, which come to the fore in financing the deposit insurance system and investing available surplus funds.","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":"124222874","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}