Zbornik radova Pravnog fakulteta Nis最新文献

{"title":"The importance of the delivery of written documents for a misdemeanor procedure","authors":"M. Jeličić","doi":"10.5937/zrpfni1983177j","DOIUrl":"https://doi.org/10.5937/zrpfni1983177j","url":null,"abstract":"","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"107 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":"125127563","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":"Eastern Europe before the World Court: \"Thumbelina\" of the international legal order?","authors":"Miloš Hrnjaz","doi":"10.5937/zrpfni1982099h","DOIUrl":"https://doi.org/10.5937/zrpfni1982099h","url":null,"abstract":"The cases referred to the World Court (the ICJ and he PCIJ) that arose as a consequence of the events which occurred in Eastern Europe, as well as some brilliant albeit mutually very different international jurists from this part of Europe, had a significant impact on the development of international law. The article provides strong evidence that the significance of Eastern Europe issues and the Court judges coming from this region is highly disproportionate to the rather minuscule size of the Eastern European region. This importance is proven by several quantitative and qualitative indicators summarized in the concluding remarks of the article: the number of Eastern European cases brought before the Court, the number of Eastern European judges who served in the Court, the number of judges from Eastern Europe who were Presidents of the Court, the number of years during which Presidents of the Court were from Eastern Europe, the impact of some of the judges on the substance of key Court decisions, etc.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"5 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":"125146921","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 concept of habitual residence in selected sources of EU private international law and jurisprudence of the Court of Justice of the European Union: Functional approach versus strict textualism","authors":"Radmila Dragišić","doi":"10.5937/zrpfn1-37590","DOIUrl":"https://doi.org/10.5937/zrpfn1-37590","url":null,"abstract":"The concept of habitual residence is an important connecting factor in contemporary EU Private International Law (EU PIL). In this paper, the author examines this concept through content analysis and comparative analysis of selected sources of EU PIL and the jurisprudence of the Court of Justice of the European Union (CJEU). The author inevitably refers to the Regulations Rome I and Rome II, which provide a conceptual definition of habitual residence of legal and natural persons (in the context of performing economic activities). Unlike the sources of law pertaining to personal status, these Regulations did not leave the concept of habitual residence indefinite. The author underscores the importance of recitals from the acquis corpus. Being part of the preamble of the sources of EU law, they serve as basic guidelines for the Court of Justice when providing guidance to national courts on criteria for determining what is to be considered a habitual residence in different situations. The author further points out to the positions taken by the Court of Justice in its judgments in cases C-80/19 and C-289/20, regarding the possibility of disposing of multiple habitual residences, as well as the position taken in the judgment of 27 April 2016 in case C -528/14 on the question of whether a natural person can simultaneously have a habitual residence in an EU Member State and in a third country. In the final remarks, the author presents key considerations on the functional approach to this concept in view of ensuring an autonomous, uniform and consistent definition.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"13 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":"129567393","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":"New facts and new evidence as a basis for reopening criminal proceedings","authors":"I. Ilic","doi":"10.5937/zrpfni1983195i","DOIUrl":"https://doi.org/10.5937/zrpfni1983195i","url":null,"abstract":"","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"8 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":"129616934","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-historical circumstances of the legal (political) activism in the fight against terrorism in contemporary legal history of the Republic of Croatia","authors":"Tomislav Dagen","doi":"10.5937/zrpfni1983125d","DOIUrl":"https://doi.org/10.5937/zrpfni1983125d","url":null,"abstract":"","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"46 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":"130187028","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":"Protecting fundamental human rights before international investment tribunals, with specific reference to the right to water","authors":"Mahir Muharemović","doi":"10.5937/zrpfni1982183m","DOIUrl":"https://doi.org/10.5937/zrpfni1982183m","url":null,"abstract":"The concept of human rights penetrates into all spheres of law, acting as a protective mechanism against the abuse of rights by States and other entities. Human rights are a \"counterweight\" to the development of the neoliberal expansionism, embodied in the regime of foreign investment protection through international investment contracts. When states enter into such contracts, they bring along the previous commitments, in particular the obligation of protecting human rights. However, this obligation is not merely the result of existing international treaties because states are also obliged to to respect the higher rank norms of international law (jus cogens norms), which include the fundamental human rights, concentrated around the right to life. In such a legal framework, there is a notable increasing conflict between the protection of foreign investors' rights in international investment disputes and the protection of fundamental human rights. The right to water, as an indirect right to life, is a special indicator of this conflict in the practice of international investment tribunals. The issue of supremacy of rights is raised, particularly concerning the question which obligations have priority under international law: the protection of foreign investments or the protection of fundamental human rights, and especially the right to water? The hitherto practice of international investment tribunals is diverse and inconsistent in this regard; as such, it does not provide a clear answer to this key question.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"11 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":"123789502","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 pets and service animals in emergency situations","authors":"N. Stojanovic","doi":"10.5937/zrpfn1-39870","DOIUrl":"https://doi.org/10.5937/zrpfn1-39870","url":null,"abstract":"During the catastrophic floods that struck the Republic of Serbia in May 2014, a large number of animals suffered and perished in the floods. The 2009 Emergency Situations Act, which was in force at the time, envisaged a solid legal mechanism for the protection of animals in such situations, which evidently did not function in practice. The most notable issues in the application of this legislative act that surfaced during the May 2014 floods are: the absence of any activities by the competent ministries aimed at preparing and organizing appropriate training courses and seminars; failure to publish any brochures concerning the conduct of animal owners or activities of associations involved in the protection of animals in the event of natural disasters; inadequate engagement of entities which were legally obliged to protect animals during the floods; non-existence of regional rescue teams within the Emergency Sector, specially trained to rescue animals at the time of natural disasters; non-existence of expert-operative teams for the evacuation of animals within the emergency headquarters; non-existence of resident civil protection units specialized in the rescue of animals; non-regulation of special animal rescue procedures from endangered areas in the emergency situation protection and rescue plans; refusal of rescue crews to save both pets and their owners; and the non-existence of shelters where both pets and their owners would stay during a natural disaster. The application of other legislative acts regulating the subject matter of animal protection and welfare, such as the Veterinary Medicine Act and the Animal Welfare Act of the Republic of Serbia, seems to have been equally ineffective during the May 2014 floods. For instance, a large number of owned dogs and cats could not have been found in the flooded areas because they were not registered, ID-marked or properly tagged. In the meantime, the Disaster Risk Reduction and Emergency Management Act was adopted in 2018. In this paper, the author primarily focuses on the legal solutions envisaged in this legislative act, in order to establish whether and to what extent the Serbian legislator has made an effort to address the aforesaid problems and demonstrated good will to legally regulate this subject matter.","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":"121001226","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":"Axiology of monetary law in extraordinary circumstances: An example of emergency law","authors":"M. Dimitrijevic","doi":"10.5937/zrpfn1-40537","DOIUrl":"https://doi.org/10.5937/zrpfn1-40537","url":null,"abstract":"The process of qualitative evolution of monetary law in modern economic and business circumstances has resulted, among other things, in its transformation from a discipline that belongs to the domain of legal and economic science to a discipline that increasingly takes into account the social needs and problems of ordinary people. The emphasis on a humane approach in the regulation of monetary relations in periods of crisis implies the duty of the Central Bank (as the supreme subject of monetary law) to include a component that measures the impact of the specific Central Bank program, measure or instrument on people's living standard, i.e. the quality of life of monetary users that can to be shaken in times of crisis. If, in addition to monetary law as an independent scientific discipline, there are subjective monetary rights of citizens to a safe and stable domestic currency, the Central Bank (as the bearer of monetary sovereignty) must help them in the circumstances when these rights are temporarily shaken and concurrently work to restore the credibility of the monetary system. Practice has shown that it is possible to achieve these goals by exploiting the potential of soft monetary legislation which is more adaptable the disruptions in the economy and takes more care of the well-being of the individual. The contribution of the subjects of monetary law in the implementation of this approach and success in the smart normative creation of new monetary solutions can differ more or less depending on the level of development of monetary awareness.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"19 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":"132355115","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":"Illicit production, possession and marketing of narcotics as a form of organized crime: Normative and practical aspect","authors":"M. Đukić","doi":"10.5937/zrpfn0-21954","DOIUrl":"https://doi.org/10.5937/zrpfn0-21954","url":null,"abstract":"","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"16 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":"133739915","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":"Probate proceedings conducted by a notary public in the Republic of Serbia","authors":"J. Milović","doi":"10.5937/zrpfn1-37068","DOIUrl":"https://doi.org/10.5937/zrpfn1-37068","url":null,"abstract":"The introduction of the notary public service in the Serbian legal system has introduced a number of novelties in matters concerning inheritance law. The most important of them is the possibility of entrusting the probate proceedings in inheritance cases to notaries public. In the Serbian legal system, probate proceedings dealing with inheritance matters have traditionally beed conducted competent courts. This long-standing tradition is difficult to break with. Thus, the Serbian legislator still envisages the jurisdiction of the court to discuss inheritance matters, but now there is a possibility of entrusting this procedure to a notary public, when it is deemed to be expedient. In this paper, the author examines the judicial practice and the public notaries practice in an attempt to determine the justification of entrusting some probate proceedings to notaries public. Concurrently, the author analyzes the possibility of transferring competences for conducting probate proceedings entirely to public notaries. In the author's opinion, it is a realistic possibility considering that the hetherto practice of public notaries in probate proceedings speaks in favour of this legal solution, particularly taking into account the reduced caseload and timeframe needed to complete these non-litigious probate proceedings.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"12 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":"133567644","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}