Zbornik radova Pravnog fakulteta Nis最新文献

{"title":"Legal position and protection of whistleblowers in Croatian law","authors":"H. Špadina, Marina Kalafatić","doi":"10.5937/zrpfn0-23540","DOIUrl":"https://doi.org/10.5937/zrpfn0-23540","url":null,"abstract":"","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"170 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":"133529563","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 Court of Justice of the European Union and the autonomous restrictive measures against natural and legal persons and non-state entities within the EU common foreign and security policy","authors":"Boris Tučić","doi":"10.5937/zrpfn0-33261","DOIUrl":"https://doi.org/10.5937/zrpfn0-33261","url":null,"abstract":"As a part of its specific policies, the EU creates and implements numerous restrictive measures against different subjects. In recent years, the most interesting ones, especially from the perspective of the Court of Justice of the European Union (CJEU), have been the autonomous restrictive measures against natural and legal persons and other non-state entities within the Union`s Common Foreign and Security Policy (CFSP). After years of legal wandering in this regard, the Lisbon Treaty finally offered an explicit legal basis for this kind of measures, envisaging, as well, for the first time, the CJEU`s jurisdiction in the field of CFSP in some cases, including the one related to reviewing the legality of decisions providing for restrictive measures against natural or legal persons adopted by the Council of the EU on the basis of Chapter 2 of Title V of the Treaty of the European Union. In this regard, the subject matter of this paper are the activities of the EU courts related to the autonomous restrictive measures against individual subjects, analyzed at several relevant although inseparable levels. The first one considers the intention of the CJEU to \"use\" the situation regarding the autonomous restrictive measures in order to strengthen its position and competences within the CFSP. The second one is oriented to the efforts of the courts to secure the balance between the effectiveness of the CFSP instruments, on the one hand, and the protection of some of the major principles and values of the EU legal order, on the other hand, such as the rule of law, legal certainty, effective judicial protection or the protection of human rights as guaranteed by the EU Law in general. Thirdly, a very important step in this context has been the jurisprudential identification of the key procedural requirements that the Council`s decisions providing for restrictive measures must fulfill as well (aka the designation criteria, statements of reasons criteria and supporting evidence criteria). By constantly insisting on the fulfillment of these criteria, the EU courts exerted a pressure on the Council to improve its decisions providing restrictive measures in a qualitative manner. Recent jurisprudence, such as the Rosneft or Bank Refah Kargaran cases, shows that there is still enough space for the Court`s interventions in this field, and that some interesting Court`s decisions, related to its position within the CFSP or the general relation between the CFSP and other forms of Union`s external activities, could be expected in the years to come.","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":"116568265","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 SFRY experience in combating the Variola vera epidemic in 1972: The significance of historical heritage for ex-Yugoslav republics in the circumstances of the COVID-19 pandemic","authors":"Milica Ristić","doi":"10.5937/zrpfn1-40407","DOIUrl":"https://doi.org/10.5937/zrpfn1-40407","url":null,"abstract":"The outbreak of the COVID-19 (Coronavirus) pandemic in early 2020 reminded many people in the Balkans of the somewhat forgotten case of Variola vera (small pox) epidemic in the former Socialist Federal Republic of Yugoslavia (SFRY) in 1972. The example of the former Yugoslav state, which managed to conduct fast and effective vaccination of about 18 million citizens and declare the end to the epidemic within two months, has been increasingly emphasized in public. By contrast, the ex-Yugoslav republics have been fighting the (COVID-19 pandemic for the past two years, unsuccessfully for the most part. In this context, the experience of the former SFRY could be valuable and instructive for the successor states in the fight against the current pandemic. In this paper, the author attempts to provide an insight into the regulations that were in force in the SFRY before, during and after the outbreak of the Variola Vera epidemic, both at the federal level and in individual republics. Taking into consideration the historical and political circumstances and the development of new technologies from 1972 to the present time, the author aims to address the following question: is the legal framework of a state the decisive factor in combating serious infectious diseases, or may the non-legal factors prevail over legal regulation and dictate the direction of the epidemic?","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"41 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":"121698470","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":"European cohesion policy in light of Leon Petrazycki's concept of legal policy","authors":"Jacek Jaśkiewicz","doi":"10.5937/zrpfn0-23304","DOIUrl":"https://doi.org/10.5937/zrpfn0-23304","url":null,"abstract":"Leon Petrażycki’s concept of legal policy, based on the author’s original assumptions, focuses on the social and economic legal actions aiming to the general social prosperity. Legal policy was strictly connected with the idea of the real acceptance of the law, understood by the author as a specific socio-psychic mental state, approved in an individual experience and confirmed in a social practice. Petrażycki was the first law theorist who clearly emphasised the meaning of multiplicity of legal sources and economical nature of law, as well as the necessity to acknowledge various languages and local cultures in its contents. This concept, developed much ahead-of-its-time in the ideas of Leon Petrazycki, contains a lot of solutions which are convergent with one of the most important European policies – EU cohesion policy. The objectives, assumptions and sources of cohesion policy, located at the junction of traditionally understood law-making, application of law and social and economic politics, are surprisingly similar to Petrażycki’s program. The author focuses on the subject of these relations.","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":"125670861","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":"Directions in the development of environmental law","authors":"D. Nikolić","doi":"10.5937/zrpfni1982061n","DOIUrl":"https://doi.org/10.5937/zrpfni1982061n","url":null,"abstract":"A relationship of a human being towards nature and its surroundings created by human labour has become a subject of separate legal regulation and separate legal studies only in the past few decades. Previously, this topic was investigated only sporadically and fragmentarily, within the traditional branches of law. The concept of integral legal protection started being conceived in the 1970s. It opened up a way towards a new, integrative and synthetic branch of law, which has changed its name and content over past few decades. In recent times, this new branch has been most commonly called Environmental law. It, basically, encompasses two groups of questions: those pertaining to the rights and duties which a human being may have in relation to the protected goods in his environment, and those pertaining to the legal protection of these assets. This article briefly discusses the prehistory of Environmental law, directions of its development over the past half a century, its features at the current level of development, as well as the projections of its future development in the near and a more distant future. Comparative studies reveal that court practice has had a key role in the emergence of this new branch of law, not only those in the Anglo-American legal system but also those in the European-continental law. Through their practice, the courts have modified some existing legal institutes and concurrently created some new institutes, aimed at the protection of human environment. Legislative authorities have been less inventive and insufficiently efficient in that respect. Statutory regulation is underdeveloped, frequently lagging behind social changes. The contemporary legal science encounters similar problems, particularly in terms of numerous terminological, conceptional and substantive contraditions and inconsistencies on the legal nature and functions of environmental law. Obviously, there is a stressed need for harmonizing legal terminology, both at the national and the international level. Moreover, the terminology used by legal professionals has to be attuned with the terminology used by other professions. This is especially important given the fact that the future will be marked by the development of the so-called advanced (interdisciplinary and multidisciplinary) studies which should enable bringing together of knowledge of different scientific fields and more efficient reaction in the field of environmental protection and sustainable development. Legal doctrine and legal practice cannot be developed in isolation, independently from other branches of science. It is essential to determine their positions within wider contexts established for the purpose of (re)integrating the existing fragmented sciences and enabling joint action in this field. Law should contribute to instituting changes in the societal flows which jeopardize protected goods in the human environment, whereas it concurrently has to undergo a vigorous transformation itself","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":"125907646","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":"Causa of contractual obligations as a precondition for valid formation of a mutually binding contract","authors":"Samir Manić","doi":"10.5937/zrpfn1-36451","DOIUrl":"https://doi.org/10.5937/zrpfn1-36451","url":null,"abstract":"The causa of a contractual obligation is one of the most obscure and controver-sial institutes of the civil law of obligations. The emergence of this institute may be traced back to Roman law but the concept of causa was first systematically present by the French jurist Jean Domat, who is considered to be the founder of the classical theory of causa. Under the influence of the French Civil Code, the Serbian legal order falls into causalistic legal orders. In Serbian law, the basic and most important provisions on causa are contained in relevant articles of the Civil Obligations Act which refer to the legal ground of contractual obligation and the motive for concluding a contract. In this Act, the legislator adopted the so-called objective-subjective understanding of causa. Although the expectations from the causa perceived in the objective sense may have been high, its inclusion among the prerequisites for valid formation of a binding contract had almost no effect on the judicial practice. In this paper, the author analyzes the usefulness of both concepts of causa of contractual obligations in mutually binding contracts . Considering the fact that there is no common agreement in legal theory on the concept of this civil law institute, the first part of the paper is presents the theories on the causa of a contractual obligation. The central part of the paper examines the usefulness of the causa of a contractual obligation as a precondition for valid formation of mutually binding contracts.","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":"130369036","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":"Crime prevention through digitalization","authors":"Darko Dimovski","doi":"10.5937/zrpfn0-32144","DOIUrl":"https://doi.org/10.5937/zrpfn0-32144","url":null,"abstract":"Common crime prevention measures have not yielded the expected results. It is important to examine the possibilities of using the latest achievements in crime prevention. One of the available options is digitalization. Starting from the definition of digitalization as the use of digital technologies to change the business model and provide new opportunities for generating income and value, the author emphasizes that digitalization can be used as a measure to prevent crime. In this regard, some solutions for preventing crime through digitalization are embodied in the use of digital currencies, digital identities and signatures, smart devices, and mobile applications. The author elaborates on each of these solutions, focusing on specific crime prevention measures and examples from different countries worldwide. It may help crime prevention experts perceive digitalization as a measure for reducing the volume of crime. If the benefits of digitalization are put into good use, we can expect that the volume of property-related crimes, violence-related crimes and traffic delinquency will drop in the forthcoming period. On the other hand, the implementation of these measures may give rise to the commission of Internet-related crimes, thus leading to the increase in computer crime.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"345 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":"127581779","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":"Civil liability in medicine in the legal system of the Republic of North Macedonia","authors":"Marija Ampovska","doi":"10.5937/zrpfn0-23577","DOIUrl":"https://doi.org/10.5937/zrpfn0-23577","url":null,"abstract":"The Macedonian legal system does not contain special rules on the liability of medical institutions and medical staff for damage that is caused while providing health services. This implies that the general rules of civil liability, which can be found in the Macedonian Obligation Relations Act (ORA), apply to professional liability of physicians and medical institutions. The comparative law shows that the rules of contractual and non-contractual liability, fault and strict liability as well as vicarious liability can be applied in cases of medical liability. The aim of this paper is to present the existing rules on liability in the Macedonian legal system that may apply in cases of civil liability in medicine, as well as to present cases involving different kinds of liability and analyze the specific differences among them. A clear distinction among different types of liability is essential for deciding which liability rules apply in a particular case: the rules on contractual liability or non-contractual (tort) liability. The legal relationship between a patient and a physician is primarily a contractual relationship and, in these cases, a medical treatment contract is the legal ground of the patient’s and the physicians’ rights, duties and obligations. The application of the fault liability rules is predominant in comparative law but the mass usage of medical devises and the introduction of high technology into medicine in general have resulted in the tendency to increase the application of strict liability in practice. In this paper, the author addresses the following questions: which of these tendencies and cases are accepted in the Macedonian legal system, and under what conditions are they applied in the Macedonian legislation and in practice.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"52 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":"121503609","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":"Commencing the commission of a criminal act in the European-continental and the Anglo-Saxon criminal law","authors":"D. Vasiljević","doi":"10.5937/zrpfn1-40271","DOIUrl":"https://doi.org/10.5937/zrpfn1-40271","url":null,"abstract":"A clear and precise definition of the activity that marks the beginning of the commission of a criminal act (Fr. commencemnt d'exécution), as the boundary between the non-punishable and the punishable stage in the commision of a crime, is of great importance for criminal law. The contemporary criminal legislation and criminal law doctrine are guided by different criteria in determining this boundary. In the European-continental legal system, the definition of criminal attempt is found in criminal law theories, while the criminal legislation in the Anglo-Saxon criminal justice system rely on appropriate tests in establishing the causal link. In this article, the author analyzes the theoretical and legislative solutions in the European-continental and the Anglo-Saxon criminal law on the activity that marks the beginning of the commission of a criminal offense and its delimitation from the preparatory stage.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"40 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":"122587711","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":"Questions on protection of cultural heritage","authors":"Spyridon Vrellis","doi":"10.5937/zrpfni1982037v","DOIUrl":"https://doi.org/10.5937/zrpfni1982037v","url":null,"abstract":"Despite the progress realized during the last decades regarding the protection of the cultural heritage, there is still a lot to do in order to arrive in a satisfactory regime. The attention of those who will deal with this issue in the future must be in particular focused on: (a) the possible assimilation of the status of the illegally exported cultural objects to that of stolen objects, in order to increase the protection, combined with an effort to limit to some extent the categories of cultural objects deserving higher protection; (b) to endow with more efficiency the certificates of origin; (c) to rectify or (even better) to abolish the regime of the so called bona fide purchase of cultural objects; and (d) to fight for unconditional return of stolen or illegally exported cultural objects to the State of their origin, without pretexts of any kind.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"541 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":"123207198","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}