Zbornik radova Pravnog fakulteta Nis最新文献

{"title":"Consequences of Brexit on the competition law and policy of the United Kingdom and the European Union","authors":"Aleksandar S. Mojašević, Stefan Stefanović","doi":"10.5937/zrpfn0-32319","DOIUrl":"https://doi.org/10.5937/zrpfn0-32319","url":null,"abstract":"The subject matter of this paper are the short-term and long-term consequences of Brexit, a historical event and a turning point in the development of the European Union (EU), as well as for the United Kingdom (UK) and the EU competition law and policy. The article first provides a comparative analysis of the historical development of legal regulation of competition in the UK and the EU, including relevant cases from the practice of competition authorities. In particular, the authors focus on the decisions of the European Commission regarding anti-cartel policy. The article further examines to what extent Brexit will influence the mergers and acquisitions policy, antitrust policy, anti-cartel policy, and state aid policy in the UK and the EU. The central question refers to the extent of Brexit's influence on the change of the UK and the EU business environment, and the repercussions that this change will have for the competition law. In the concluding remarks, the authors discuss the direction of future development of the UK competition law, particularly in terms of whether and to what extent the UK law will be harmonized with the EU competition law and case law in this area, or whether there will be a radical turn towards adopting a completely new concept of competition law and policy.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"69 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":"124592755","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":"Norm as an exclusionary reason for action","authors":"Brano Hadžistević","doi":"10.5937/zrpfn0-33320","DOIUrl":"https://doi.org/10.5937/zrpfn0-33320","url":null,"abstract":"Legal rules are respected and observed for various reasons but Raz believes that a legal norm is an exclusionary reason for action, i.e. the reason that cannot be weighed with other reasons which have to direct our conduct. Thus, there are first-order reasons which may be balanced in reaching some practical decision, but there are also second-order reasons which preclude such balancing. Raz's theory starts from the fact that norms are created by authorities whose statements represent (second-order) reasons for action, regardless of their merits and moral acceptability. However, although the norm is valid regardless of its merits, Raz does not deny the importance of legitimacy and morality because he believes that law claims to legitimate moral authority. The first part of this paper is dedicated to Raz's understanding of the reasons for action, while the second part focuses on rules as reasons for action. Their uniqueness is visible even intuitively but the author particularly considers Raz's views that a rule is a content-independent and exclusive reason for action. The third part of the paper is dedicated to Raz's understanding of authority and the final assessment of the following question: is the norm a strong or an exclusionary reason for action?","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":"121041203","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":"Contemporary conceptions of the term \"employer\"","authors":"M. Dragičević","doi":"10.5937/zrpfn1-38705","DOIUrl":"https://doi.org/10.5937/zrpfn1-38705","url":null,"abstract":"The contemporary labour legislation, as a rule, provides the definition of the term \"employer\". While the reason for defining the concept of \"an employee\" rests on the need to determine the personal field of application of labour legislation, the essence of providing a legal definition of the term \"employer\" is to identify the entity that is responsible for fulfilling the obligations towards employees and other temporarilly engaged individuals, as well as their unions and other representation insitutions. Despite the importance of providing an accurate definition, comparative labour legislation can barely offer a classification of the term \"employer\" which indicates that the legislation bodies have managed to overcome the circular (idem per idem) definition. Additionally, the present definitions are not adjusted to triangular (and multilateral) labour-generated relations. Consequently, in order to harmonize the legal framework with the changes which occur in economic reality, an increasing number of labour law systems initiate the process of introducing a new legal model of plural-employer. In that context, the author of this paper first considers the need to re-conceptualize the term \"employer\" and analyzes the current unitary and (new) plural-employer conceptions of this term. Finally, using the example of digital platforms, the author demonstrates the inadequacy of the existing legal definitions of the concept \"employer\" and emphasizes the need for adopting new ones which are more adjusted to the labour market realities.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"25 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":"121138679","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":"A fine in the contemporary criminal law","authors":"D. Jovašević","doi":"10.5937/zrpfni1982139j","DOIUrl":"https://doi.org/10.5937/zrpfni1982139j","url":null,"abstract":"Since times immemorial, crimes against property have always been the most frequent offences, both in the national and comparative law systems. For this reason, all criminal legislations prescribe different types of punishment and property-related criminal measures as an efficient social response to crimes against property. In the criminal law of the Republic of Serbia, the property-related penalties and measures that affect the perpetrator's property include: 1) a fine and confiscation of property (as envisaged penalties); 2) a safety measure involving the confiscation of objects, 3) the measure of confiscation of financial benefit derived from the commission of a criminal offence; and 4) the measure of confiscation of property derived from the commission of a criminal offence. A fine is one of the oldest forms of punishment, which has been envisaged in all modern criminal legislations (including the Serbian legislation) and in some international documents as the adequate sanction (penalty) against the perpetrators of property-related crimes. In this paper, the author discusses the concept, characteristics, content, types, legal nature, effects, and the process of imposing and execution of this criminal penalty. All contemporary criminal laws provide various penalties and measures for suppression and prevention of crime in general, and crimes against property in particular. Nowadays, property-related crimes are prevalent in the structure of modern criminality. Criminal sanctions depend on the specific nature and distinctive characteristics of crimes against property and their perpetrators. A fine is a specific kind of sanction that may be prescribed as a principal and/or accessory property -related penalty, which has a repressive but also highly preventive impact. In all contemporary states, crimes against property prevail in terms of the total number of committed acts, their perpetrators, consequences, the scope and intensity of social danger, recidivism, and other features. In order to suppress crime in general, and crimes against property in particular, various social (primarily state) agencies at all social levels have applied different measures, instruments and procedures. All of them may be divided into preventive and repressive ones. The Serbian criminal legislation envisages two forms of fine: a) a fine in daily amounts, and b) a fine in fixed/specified amount (the Criminal Code 2005), which may be awarded to the perpetrators of property-related crimes depending on the nature, characteristics, significance and effects of the committed criminal act.","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":"126278163","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 two earliest international treaties in the history of Slavic law","authors":"D. Nikolic","doi":"10.5937/zrpfni1983001n","DOIUrl":"https://doi.org/10.5937/zrpfni1983001n","url":null,"abstract":"","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"51 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":"126171040","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":"Bitcoin and cryptocurrency clauses","authors":"S. Radulović","doi":"10.5937/zrpfn1-35098","DOIUrl":"https://doi.org/10.5937/zrpfn1-35098","url":null,"abstract":"Nowadays, it is almost impossible to imagine an effective legal system that is not somehow inspired by nominalistic ideas. However, the principle of monetary nominalism is not necessary in correlation with other higher principles, such as the principle of fairness, for example. Thus, legislators build and implement corrective instruments in legal acts, most of the time allowing legal subjects to choose and adapt those instruments to best fit their economic interests. In that context, (foreign) currency clauses are probably the most frequently used instrument. Those norms, when implemented in contract, prevent the negative effects of domestic currency depreciation through the denomination of the amount of debt in foreign currency. Whether we regard them as currency or not, cryptocurrencies are increasingly becoming an important part of our digitalized economic world. So, unless the legislature strictly limits or abolishes the freedom of will (the principle of party autonomy) in contract law by banning cryptocurrencies, contracting parties can hedge against domestic currency depreciation by pegging the amount of debt to the exchange rate of one of thousands of existing cryptocurrencies. If parties choose to make such an agreement, it is most likely that they will peg the amount of debt to the Bitcoin exchange rate. If parties choose to make such an agreement, it is most likely that they will peg the amount of debt to the Bitcoin exchange rate. In this paper, the author analyzes (crypto)currency clauses nominated in Bitcoin and their effects on contract relations in the legal system of the Republic of Serbia. This research heavy relies on the advantages of the normative and the comparative method, and various techniques of the analytical method.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"93 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":"125893372","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":"State supervision over the local self-government in the Vidovdan Constitution","authors":"N. Maksimović","doi":"10.5937/zrpfn0-32306","DOIUrl":"https://doi.org/10.5937/zrpfn0-32306","url":null,"abstract":"In the process of adopting the Vidovdan Constitution of the Kingdom of Serbs, Croats and Slovenes (1921), one of the topical issues was the form of supervision that the state government would exercise over the local self-government. In this article, the author first elaborates on the development of this constitutional document, with specific reference to the constitutional drafts proposed by the governments of Milenko Vesnić and Nikola Pašić, the amendments introduced by the Constitutional Committee, and the adoption of the constitution in the Constituent Assembly on 28 June 1921 (St. Vitus Day). The Vodovdan Constitution was the legal ground for adopting two important legislative acts in April 1922: the Law on General Administration and the Law on Regional and District Self-Governmnent. The author analyzes the constitutional and statutory provisions that regulated the legal position of state authorities in the administrative districts, counties and local self-government bodies, as well as their mutual relations. State supervision over the local self-government activities, primarily at the regional (district) level, has been observed in the context of state supervision over the administrative acts/ documents and local administrative bodies. In particular, the author focuses on the supervision over regional finances, considering not only the importance of these funds for the functioning of the regional self-government but also the restrictions which the regional government was exposed to. The aim of the research is to point out to the legal relations between the central (state) administration and local self-government in the Kingdom of Serbs, Croats and Slovenes, which were initially envisaged in the Vidovdan Constitution and subsequently instituted by the the 1922 Law on Regional and District Self-Government.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"100 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":"116044379","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":"One-year statutory limitation period for claims in the context of obligation law and consumer law","authors":"Dejan Pilipović","doi":"10.5937/zrpfn1-38578","DOIUrl":"https://doi.org/10.5937/zrpfn1-38578","url":null,"abstract":"This paper analyzes some issues related to the one-year Statute of limitations for claims, from the beginning of this period and throughout its course, in the context of obligation (contract) law and consumer law relations. The focus is on reconsidering whether the length of the special one-year Statute of limitations should be changed. The author examines whether there is room for refining, specifying and amending the provisions of the Obligation Relations Act, especially pertaining to the beginning of this period, given that the legal provisions on the one-year Statute of limitations in this Act do not contain special rules on this issue. The discussion is further complicated by the fact that in the Republika Srpska, the Consumer Protection Act contains a provision on a one-year Statute of limitations for claims on services of general economic interest. Is the circle of claims or the rule concerning the beginning of this Statute of limitations different from the one prescribed in the Obligations Relations Act? The paper aims to find answers to these questions by using scientific research methods in the analysis of legislation, legal theory and case law, as well as the questionnaire techniques in the empirical research which is of both theoretical and practical importance.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"21 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":"131991458","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":"Employment law protection of crowdworkers: Conceptual issues in the legal definition of crowdworkers","authors":"M. Dragičević","doi":"10.5937/zrpfn0-32188","DOIUrl":"https://doi.org/10.5937/zrpfn0-32188","url":null,"abstract":"Although the increased performance in digital platform work has been recorded only recently, the numerous problems related to employment law and social welfare protection of crowdworkers are not new. Due to diverse issues in classifying specific individuals as employees, \"atypical\" workers and crowdworkers have encountered many problems while attempting to obtain employment law and social welfare protection. Despite numerous differences, majority of countries have made employment law protection available to those digital platform workers who meet the requirements of the legal definition of \"an employee\" (or \"a worker\", as explicitly designated in specific legislations). In other words, the legal definition of an employee or a dependent contractor provides entrance into the area of employment law protection. However, both national and international legislators have demonstrated a certain degree of inertness in terms of avoiding to adjust the legal concept of \"an employee\" (or a subordinate, as defined in some legislations) to new social and economic circumstances. Considering the traditional concept of \"employee\", a crowdworker cannot be designated as a subordinate; consequently, digital platform workers do not fall under the scope of relevant provisions of labor, social care and tax law. On the other hand, when it comes to traditional legal categories, classifying crowdworkers as independent contractors does not diminish their need for adequate protection, primarily in terms of fair financial compensation for work, clearly limited working hours, health care and safety at work, protection in case of illness, injury at work, maternity leave or freedom of association. Therefore, national legislators should revise the justifiability and proportionality of legislation applied to economic cooperation, and consider the specificities of economic cooperation business models and tools that can be used for resolving ample issues in defining employment law protection of crowdworkers and identifying entities that may have the legal status of the employer.","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":"134542663","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 application of the European Union fiscal rules in the COVID-19 pandemic crisis","authors":"Srđan Golubović","doi":"10.5937/zrpfn1-40633","DOIUrl":"https://doi.org/10.5937/zrpfn1-40633","url":null,"abstract":"The paper examines the application of the European Union fiscal rules in the conditions of disturbances caused by the COVID-19 pandemic. Faced with a severe economic crisis, the European Union (EU) institutions for the first time activated a \"general escape clause\", which allows for temporary deviation from the budgetary requirements set by the Stability and Growth Pact in March 2020. The clause was introduced as part of the 2011 fiscal rules reform (six-pack) and it allows member states to temporarily derogate from fiscal constraints due to severe economic disruptions. By activating the clause, the member states have been left with sufficient room for maneuver to take expansive fiscal policy measures, which mitigate the consequences of the crisis but also negatively affect the budget balance. Although conceived as a temporary deviation of fiscal indicators from the set values, in practice there was an extensive application of the general clause, which de facto led to the suspension of EU fiscal rules. This was also influenced by the decision of the European Commission and the Council of the EU to withdraw from initiating proceedings against member states with excessive budget deficits, due to the seriousness of the crisis and uncertainty regarding the recovery. The experience with the application of fiscal rules during the Coronavirus pandemic crisis imposes the need to redefine the institutional framework of fiscal governance in the EU, which will ensure a stronger link between numerical constraints and fiscal policy objectives but also provide enough space and resources for intervention during severe economic downturn.","PeriodicalId":192224,"journal":{"name":"Zbornik radova Pravnog fakulteta Nis","volume":"435 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133323369","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}