Zbornik radova Pravnog fakulteta Nis最新文献

{"title":"International customary law in the jurisprudence of the Court of Justice of the EU","authors":"Sanja Đorđević-Aleksovski","doi":"10.5937/zrpfn0-23406","DOIUrl":"https://doi.org/10.5937/zrpfn0-23406","url":null,"abstract":"","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"38 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":"114729770","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":"Procedure for exercising the rights of a person wrongfully deprived of liberty or wrongfully convicted","authors":"D. Milovanović","doi":"10.5937/zrpfn0-33698","DOIUrl":"https://doi.org/10.5937/zrpfn0-33698","url":null,"abstract":"The Criminal Procedure Code of the Republic of Serbia provides special proceedings for exercising the rights of a person wrongfully deprived of liberty or wrongfully convicted (Chapter 25, Articles 583-595 CPC). The introduction of such proceedings in the Serbian criminal legislation is a consequence of an enormous number of acquittals, particularly in cases where the defendant has been subjected to the most serious security measure aimed at ensuring presence of the accused person in criminal procedure. These proceedings appeared to be necessary for the purpose of exercising the wrongfully detained or convicted person's right to compensation for damage. In particular, it refers to situations where the final court decision was reversed and the person was acquitted after lodging an appeal for extraordinary legal remedies. In such circumstances, the procedure includes two interconnected stages: initiating an administrative proceeding and initiating court proceedings. Thus, if the injured party does not exercise the envisaged rights on the basis of the submitted request for initiating the administrative procedure, he/she is entitled to initiate court proceeding before the competent court against the Republic of Serbia as a responsible party. By introducing the possibility of exercising the injured party's rights in administrative proceedings, the legislator's primary goal when prescribing this procedure was to ease the courts' workload in handling collective lawsuits. In that context, the aim of this paper is to describe the process of initiating and conducting both phases of these proceedings, and to point out to some omissions in the work of the Damage Compensation Commission in the course of administrative proceedings, which are detrimental to the injured party and directly contrary to the legislator's intention. For the purpose of precluding future omissions, the author draws attention to the main drawbacks of the entire procedure.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"165 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":"127341402","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":"Canon law issues of the Serbian Orthodox Church in Bosnia and Herzegovina under the administration of the Austro-Hungarian Empire","authors":"Marko Tomić","doi":"10.5937/zrpfn0-23104","DOIUrl":"https://doi.org/10.5937/zrpfn0-23104","url":null,"abstract":"","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":"125262719","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":"Freedom of association of judges in Bosnia and Herzegovina","authors":"Igor Milinković","doi":"10.5937/zrpfn1-40478","DOIUrl":"https://doi.org/10.5937/zrpfn1-40478","url":null,"abstract":"Freedom of association is one of the fundamental freedoms and is considered one of the necessary elements of a free society. Isolated from other members of the community, an individual would have little chance of successfully resisting the arbitrariness of the ruler, or fighting for social changes that he deems justified. Although judges are also entitled to this right, the very nature of the judicial office may call for establishing certain restrictions on the exercise of this right in order to protect the dignity of the judicial office and public confidence in the independence and impartiality of the judiciary. The first part of the paper focuses on the importance of exercising the freedom of association of judicial office holders. Special attention will be drawn to the role that professional associations of judges play in preserving the independence of the judiciary and improving its position, as well as protecting the rule of law and a democratic order. After referring to relevant provisions of international documents and the case law of the European Court of Human Rights, the author analyzes the restrictions on the freedom of association of judges adopted in various national legislations. Special attention will be given to the justifiability of prohibiting judges from joining political parties, and the dilemmas arising from the membership of judges in secret societies, i.e. other organizations operating on similar grounds. The second part of the paper focuses on the legal framework of the freedom of association of judges in Bosnia and Herzegovina and the justifiability of restrictions imposed on the exercise of this right.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"490 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":"127715820","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":"Non-promulgation of mandatory COVID-19 vaccination in the Republic of Serbia","authors":"S. Radulović","doi":"10.5937/zrpfn1-39168","DOIUrl":"https://doi.org/10.5937/zrpfn1-39168","url":null,"abstract":"The first COVID-19 case in the Republic of Serbia was registered on 6th March 2020. The World Health Organization declared the COVID-19 pandemic five days later. In the circumstances of the ongoing pandemic, the Republic of Serbia clearly faced, and is still facing, serious challenges. Once the infection began spreading, the state introduced various economic, legal, and medical measures to lessen the negative effects of the pandemic, constantly modifying them to adjust the rigidity of state response to the intensity of different waves of infection. Both individual and overall effects produced by the adopted measures are a highly interesting study topic. Yet, the available measures which were not introduced seem to be as interesting to research. This particularly refers to mandatory vaccination. In that con-text, two questions arise: what is the rationale for the authorities' decision not to introduce mandatory vaccination, and what it actually means from legal perspective. This paper focuses on the later question. Specifically, the paper aims to provide a possible interpretation of the recommended (non-mandatory) COVID-19 vaccination, and discuss the roles of participants and possible civil liability. In this pursuit, the author relies on the normative method and different analytical techniques, with due respect for theoretical achievements in medical law.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"22 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":"125236637","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":"Context of protection against domestic violence and fight against firearms: Legislative framework and resolution 1325 in Serbia","authors":"Danijela Spasić, I. Radovanovic","doi":"10.5937/zrpfni1983145s","DOIUrl":"https://doi.org/10.5937/zrpfni1983145s","url":null,"abstract":"","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"7 2 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":"123226723","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 limits of the constitutional court control over the judicial authority: Some open questions","authors":"N. Rajić","doi":"10.5937/zrpfni1982207r","DOIUrl":"https://doi.org/10.5937/zrpfni1982207r","url":null,"abstract":"In most states that have a centralized system of constitutional control, there is tension in the relations between the Constitutional Court and ordinary courts. The fundamental question raised in this regard is weather the Constitutional Court, acting on a constitutional complaint, may enter into the domain of application of law. The manner and conditions for exercising the constitutional rights are regulated by the law. In this respect, it seems that the Constitutional Court may, to a certain extent, examine the legal shortcomings of a court decision in order to substantively assess the alleged violation of the specific constitutional right stipulated in the constitutional complaint. The legal attitudes formulated by the Constitutional Court of Serbia clearly show that the Constitutional Court has exercised self-restraint in this area. The Constitutional Court can act only in cases of gross violation of procedural and substantive law. However, the analysis of Constitutional Court decisions as well as the separate opinions of constitutional court judges shows that the self-restraint of the Constitutional Court has not been consistently applied in each particular case. The problem of the relations between the Constitutional Court and ordinary courts must necessarily be viewed in a broader constitutional context and cannot be solved at the normative level only.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"20 77 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":"116435247","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":"General and specific legal disciplines, with a brief overview of introduction to law","authors":"Suzana Medar","doi":"10.5937/zrpfn0-23338","DOIUrl":"https://doi.org/10.5937/zrpfn0-23338","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":"132114130","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":"Publication of laws and other general acts: Hidden potentials of e-government","authors":"Zoran Jovanović, Stefan Andonović","doi":"10.5937/zrpfn0-32514","DOIUrl":"https://doi.org/10.5937/zrpfn0-32514","url":null,"abstract":"The contemporary democratic values and the rule of law principles imply that all citizens are familiar with the laws and general acts passed by state bodies. Familiarity with the legal norms is the cornerstone of organized society, based on legal foreseeability and the possibility for making plans and decisions. For this purpose, the Constitution of the Republic of Serbia stipulates the obligation to publish laws and other general acts in the public journal (Official Gazette) before their entry into force, so that all interested parties can get familiar with them. However, in the contemporary circumstances of extensive legislative work and a huge number of regulatory acts which are enacted on a daily basis, it seems that citizens and business entities cannot keep up with them all. It poses a risk of harmful consequences for the state, citizens, business entities and other interested stakeholders who fails to comply with the enacted provisions. It gives rise to the following question: is the mere act of publication of laws and general acts in the Official Gazette sufficient in terms of making the interested subjects aware of the new laws and making them comply with the enacted provisions? The authors of the paper believe that it is necessary to go a step further, in the direction of ensuring the active role of the state and, in particular, transforming the mere \"publication\" of laws into the practice of providing \"information\" about new regulations. Digitalization and e-government offer ample possibilities for informing the citizens about new regulations. By using different electronic communication tools and developing the potentials of one-stop-shop administrative services, state authorities may ensure a higher degree of Compliance with the enacted legal norms. In this paper, the authors aim to contribute to the discussion on these issues by offering their proposals on this matter.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"14 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":"132951260","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":"Contract as an algorithm: Introductory considerations","authors":"Predrag Cvetković","doi":"10.5937/zrpfn0-34462","DOIUrl":"https://doi.org/10.5937/zrpfn0-34462","url":null,"abstract":"Legal norms contained in text-driven contracts (as well as in statutes and bylaws), which are written in natural language, can be subject of algorithmic conversion in certain phases of the contract circle (implementation, monitoring, control, interpretation). The application of the blockchain concept as a structural pattern opens the possibility of creating a code-driven contract with automated execution: a \"smart\" contract. Algorithmization is understood as a process which enables the text of the contract to be translated into a format that is understandable to software developers. To this end, the use of the following methodologies is proposed: design of a pseudocode, application of formal logic symbols and the use of flowcharts. Successful conversion of legal prose into a code calls for cooperation between lawyers and programmers. The framework of that cooperation is the establishment of the so-called \"Legal Expert System\" (LES). Originally conceived by lawyers, LES is a program which allows the algorithm to solve the problem of contract execution. Contract algorithmization should convert contracts from prose to a code, while preserving contract validity and efficiency. For the time being, smart contracts cannot regulate commercially complex scenarios; thus, the de lege lata application of smart contracts as a complete replacement for traditional (analogous) contracts is excluded. A potential object of algorithmization are the primary instructions aimed at executing the characteristic performance of the contract. Contract algorithmization is an ongoing process, which is here to stay. The significance of this process is indisputable but its scope, dynamics and assumptions are still only partially defined and tested. The necessary condition (but hardly a sufficient one) is to legitimize the conception of a contract as an algorithm in the process of defining contractual provisions. Further development of this concept will depend on the functioning of other elements in the environment where code-driven contracts would be used and, above all, on the commercial response to the entire process of contract algorithmization. In effect, in order to be widely applied, contract algorithmization must become a commercially viable activity.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"94 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":"133514686","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}