Zbornik radova Pravnog fakulteta Nis最新文献

{"title":"The role of the security management in preventing the misuse of virtual currencies in the money laundering process and the financing of terrorism","authors":"Vladimir Mirković","doi":"10.5937/zrpfni1983217m","DOIUrl":"https://doi.org/10.5937/zrpfni1983217m","url":null,"abstract":"","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"92 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":"131803264","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 possibility of electronic delivery of acts related to exercising empoyees' rights and undertaking work-related obligations","authors":"B. Urdarević, Aleksandar Antić","doi":"10.5937/zrpfn0-32485","DOIUrl":"https://doi.org/10.5937/zrpfn0-32485","url":null,"abstract":"In this paper, the authors tackle the issues related to the electronic delivery of acts related to exercising employees' rights and undertaking work-related obligations. The consideration is accompanied by an appropriate comparative law analysis. Emanating from mutual relations between the employer and the employee, the acts related to employees' rights and obligations are most often rescripts by which the employer decides on the employee's rights and obligations, but they also include written submissions that constitute official communication between the employee and the employer (such as requests, application, letters, etc.) In the Labor Act of the Republic of Serbia, the possibility of electronic delivery of acts deciding on the exercise of employees' rights and obligations is envisaged as an exception. Having in mind the development of information and communication technologies and the change in the mode of work caused thereby, especially during the \"coronavirus\" pandemic, it is necessary to envisage the possibility of electronic delivery of acts related to official communication between employers and employees in other cases, in addition to those currently provided in the Labor Act of the Republic of Serbia.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"98 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":"130679460","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":"Lubell Noam, Pejić Jelena, Simmons Claire: Guidelines on Investigating Violations of International Humanitarian Law: Law, Policy and Good Practice, Geneva Academy of International Humanitarian Law and Human Rights, International Committee of the Red Cross (ICRC), Geneva, 2019","authors":"B. Stojanovic","doi":"10.5937/zrpfn0-29573","DOIUrl":"https://doi.org/10.5937/zrpfn0-29573","url":null,"abstract":"","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":"126887690","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":"Digital media and media legislation of the Republic of Serbia","authors":"Jelena Vučković","doi":"10.5937/zrpfn0-33993","DOIUrl":"https://doi.org/10.5937/zrpfn0-33993","url":null,"abstract":"The contemporay technological developments have been redefining human communication, concurrently raising the question whether users of online services and various media platforms can cope with so much freedom. Thus, the Internet as a global medium opens new legal issues and poses new challenges in the field of media legislation. Information policy, and legislation must adequately respond to the challenges of the new digital age. New media pose a new challenge for law and values, not only in a speculative sense but also in a real procedural and human sense. In times of Information and Communication Technologies (ICT), law should not turn a blind eye to the developments in the virtual space. The development of new digital environments and media platforms raises the question whether the legislation should be the same for all media, traditional and new ones alike. The first step in addressing this issue should be the provision of a broad and realistic definition of the concept of media, which will ensure the recognition of the new media. Secondly, media regulations and principles referring to the new media should be more flexible and less strict as compared to the traditional media (but only provisionally), which is more purposeful than turning a blind eye to the new media. Non-recognition and non-regulation of information dissemination via the Internet opens the possibility of causing much greater damage to the public interest.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"81 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":"114788623","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":"Remedies available to the seller in case of the buyer's breach of contract on International sale of goods","authors":"Uroš Zdravković","doi":"10.5937/zrpfn1-40426","DOIUrl":"https://doi.org/10.5937/zrpfn1-40426","url":null,"abstract":"The legal remedies available to a seller in case of a buyer's breach of contract on international sale of goods are predominantly contained in Articles 61-65 of the UN Convention on Contracts for the International Sale of Goods (CISG). Article 62 of the CISG entitles the seller to require from the buyer to perform the obligations. Under Article 63 of the CISG, the seller may fix an additional period of time of reasonable length for the performance of the buyer's obligations. Article 64 defines the conditions under which the seller is entitled to declare the contract avoided. The first situation in which the seller can avoid the contract is where the buyer has committed a fundamental breach of contract. Article 64 also provides that the seller can avoid the contract if the buyer has not paid the price or taken delivery of the goods within the additional period of time fixed by the seller under Article 63(1) of the CISG. In case the buyer has paid the price, the seller loses the right to avoid the contract if it does not declare avoidance within the periods stated in Article 64(2). In cases of late performance, the seller loses the right to declare the contract avoided unless it does so before becoming aware that performance has been rendered. In regard to any breach other than late performance, there is a distinction according to whether or not the seller has fixed an additional period for performance in accordance with Article 63 (1). In the absence of an additional period for performance, the seller loses the right to declare the contract avoided unless it declares avoidance within a reasonable time after the seller knew or ought to have known of the breach. In case the seller has fixed an additional period of time for performance by the buyer, the seller loses the right to declare the contract avoided unless it declares avoidance within a reasonable time after the expiry of the additional period fixed by the seller or after the buyer has declared that it will not perform his obligations within such an additional period. Finally, under Article 65 of the CSIG, if the buyer fails to make the specification of the goods, either on the date agreed upon or within a reasonable time after receipt of a request from the seller, the seller may, without prejudice to any other rights he may have, make the specification himself in accordance with the requirements of the buyer that may be known to him.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"124 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":"123196986","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 contemporary nature of Serbian labour law and new challenges","authors":"S. Jašarević, G. Obradovic","doi":"10.5937/zrpfn0-34772","DOIUrl":"https://doi.org/10.5937/zrpfn0-34772","url":null,"abstract":"The paper first provides a brief overview and genesis of contemporary Serbian labour law. Then, the authors analyze the subject matter and functionality of current regulations in the context of new needs and practices, as well as the compliance of current legislation with international standards. The analysis focuses on the primary, subject-specific, special and secondary sources of Serbian labour law. The authors elaborate on the drawbacks of some legal provisions and discuss the impact of new circumstances and new forms of labour in the global world which implicate the need to modernize Serbian labour legislation.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"31 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":"123321066","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 Republic public prosecutor: Between the law and politics - what prevails?","authors":"G. Krstić","doi":"10.5937/zrpfni1983285k","DOIUrl":"https://doi.org/10.5937/zrpfni1983285k","url":null,"abstract":"","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"3 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":"123405230","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":"Smart contracts: Revolution or hurdle?","authors":"M. Cvetković","doi":"10.5937/zrpfn0-23438","DOIUrl":"https://doi.org/10.5937/zrpfn0-23438","url":null,"abstract":"","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"32 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":"128684941","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":"Video surveillance in the employer's premises: The ECtHR judgment in Antović and Airković v. Montenegro","authors":"Milica Kovač-Orlandić","doi":"10.5937/zrpfni1982165k","DOIUrl":"https://doi.org/10.5937/zrpfni1982165k","url":null,"abstract":"Owing to the fact that the fundamental human rights have been introduced into the labour law relations, each employer is bound to respect the private lives of their employees. However, this obligation is not absolute, considering that the employer may, under certain circumstances, limit the employee's right to respect for private life. This possibility greatly depends on how the employee's right to privacy has been limited. Video surveillance is a measure that most severely affects human dignity, due to which its implementation requires stricter application of the principles of legitimacy, proportionality, and transparency. In this implementation, the key role is played by the principle of legality, especially when the state appears in the role of employer and when its obligation to respect the right to privacy is predominantly negative. The ECtHR judgement in Antovic and Mirkovic v. Montenegro (2017) is another proof that human rights and human dignity have to be respected in the field of labour relations. This judgement is a confirmation that the notion of private life has to have wider interpretation and application in order to ensure the protection of the right to respect for private life. The right to respect for private life, among other things, implies the possibility to access other people in order to establish and develop relations with them. It may involve professional activities or the activities performed in a public context because, even in a public context, there is a zone of interaction with other people, which may be categorised under the notion of private life. Pursuant to the aforementioned, the notion of private life may include activities taking place in auditoria as places where professors, apart from teaching students, interact with them, develop mutual relations and build their social identities. Thus, the right to respect for private life of professors, while in auditoria, may be limited by video surveillance only under legally prescribed circumstances related to the safety of people and property. On the other hand, the surveillance of teaching activities is not among the legitimate grounds for the introduction of video surveillance. In order for this surveillance to be justified, it should be introduced in a transparent manner, i.e. employees must be made familiar with the introduction of video surveillance in advance and in writing, and such surveillance must be proportionate to the specific objective that needs to be accomplished. Only with an appropriate application of all of these principles can we efficiently protect employees' dignity in the workplace.","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":"130026485","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 role of the state in the internet-mediated information and communication environment","authors":"M. Mitrović, M. Vujović","doi":"10.5937/zrpfn0-31991","DOIUrl":"https://doi.org/10.5937/zrpfn0-31991","url":null,"abstract":"The development of the Internet and the absence of national bounderies in cyberspace constantly challenge the role of the state in the new information and communication environment. On the one hand, this new environment challenges the former power of the state stemming from the exclusivity of its territoriality. On the other hand, the role of the state may be observed as being changed but it is certainly not inconsequential. Numerous examples from the past decade testify to the fact that the state still has the power to control its Internet-mediated information and communication environment. In response to the contemporary developments, it has been necessary to introduce conceptual changes. Thus, the term system has been replaced with the term environment; the conceptual framework of strict control through regulation has been replaced with the term management. Although the role of the state has changed, the state still has the central position in the new information and communication environment. The aim of this paper is address the research question: How has the role of the state changed in the new information and communications environment?","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":"127741459","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}