Facta Universitatis, Series: Law and Politics最新文献_第2页

MECHANISMS OF CITIZEN PARTICIPATION IN THE LOCAL GOVERNMENT: THE NORMATIVE FRAMEWORK OF THE REPUBLIC OF SERBIA 公民参与地方政府的机制:塞尔维亚共和国的规范框架

Facta Universitatis, Series: Law and Politics Pub Date : 2022-01-01 DOI: 10.22190/fulp2102135m

Marija Marinković

{"title":"MECHANISMS OF CITIZEN PARTICIPATION IN THE LOCAL GOVERNMENT: THE NORMATIVE FRAMEWORK OF THE REPUBLIC OF SERBIA","authors":"Marija Marinković","doi":"10.22190/fulp2102135m","DOIUrl":"https://doi.org/10.22190/fulp2102135m","url":null,"abstract":"A prerequisite for the development of the local community are different forms of citizen participation in achieving goals of interest to the local community and meeting their personal needs at the local level. Citizens can participate in the local community activities directly or indirectly. The direct participation in local life is exercised on the basis of strictly formal legal framework, including civic initiative, referendum, and citizens' assembly. The quality of the relationship between the local community and the citizens largely determines the degree of citizens’ indirect participation in political life. This paper will address the mechanisms of citizen participation at the local level, with specific reference to public debate and public hearings as mechanisms enabling citizens to participate in local decision-making processes, draw attention to problems and difficulties, and insist on the obligation of local self-government bodies to transparently implement some procedures envisaged in the 2018 amendments to the Local Self-Government Act. The paper also elaborates on other forms of citizen participation, such as consultations, information requests, petitions, surveys, and other available forms of citizen participation in public life.","PeriodicalId":237738,"journal":{"name":"Facta Universitatis, Series: Law and Politics","volume":" 14","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113948161","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}

引用次数: 0

EXERCISING THE RIGHT TO MAINTENANCE BETWEEN SPOUSES AND EXTRAMARITAL PARTNERS IN THE CASE LAW OF THE BASIC COURT IN NIŠ 在niŠ基层法院判例法中行使配偶与婚外伴侣之间的赡养费权利

Facta Universitatis, Series: Law and Politics Pub Date : 2021-09-30 DOI: 10.22190/FULP2101071A

B. Arsenijević

{"title":"EXERCISING THE RIGHT TO MAINTENANCE BETWEEN SPOUSES AND EXTRAMARITAL PARTNERS IN THE CASE LAW OF THE BASIC COURT IN NIŠ","authors":"B. Arsenijević","doi":"10.22190/FULP2101071A","DOIUrl":"https://doi.org/10.22190/FULP2101071A","url":null,"abstract":"The law regulates the right to maintenance between spouses and between extramarital partners, the conditions under which it can be exercised, as well as a special litigation procedure for obtaining the right to maintenance. The existential character of the right to maintenance stresses the need to examine the functional quality of the established legal mechanism. The author has conducted an empirical research on maintenance litigation proceedings between spouses and extramarital partners which were conducted before the Basic Court in Niš and finished during the year 2018. In this paper, the author presents and analyzes the results of research in litigation proceedings for establishing and varying the maintenance amount, and terminating and extending the duration of maintenance between married or unmarried, current or former partners. The aim of the research was to gain insight into the adequacy of applying relevant legal regulations in practice and the efficiency of providing legal protection in analyzed maintenance lawsuits. The research results reveal the inefficiency of maintenance litigation proceedings and a serious lack of information among citizens about the procedural possibilities in maintenance lawsuits.","PeriodicalId":237738,"journal":{"name":"Facta Universitatis, Series: Law and Politics","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115800455","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}

引用次数: 0

REASONABLE TIME AND BANKRUPTCY OF SOCIALLY-OWNED ENTERPRISES 社会企业破产的合理时间

Facta Universitatis, Series: Law and Politics Pub Date : 2021-09-30 DOI: 10.22190/FULP2101011M

Aleksandar S. Mojašević, A. Jovanović

{"title":"REASONABLE TIME AND BANKRUPTCY OF SOCIALLY-OWNED ENTERPRISES","authors":"Aleksandar S. Mojašević, A. Jovanović","doi":"10.22190/FULP2101011M","DOIUrl":"https://doi.org/10.22190/FULP2101011M","url":null,"abstract":"The subject matter of this paper is the bankruptcy of socially-owned enterprises. The aim is to examine the implications of bankruptcy proceedings against socially-owned enterprises on the budget of the Republic of Serbia and its taxpayers. The starting hypothesis is that the bankruptcies of socially-owned enterprises will have a significant negative impact on the budget of RS and its taxpayers. In order to test this hypothesis, we used the technique of descriptive statistics to determine the differences between the Commercial Courts in Belgrade, Niš and Kragujevac in terms of the average duration of bankruptcy proceedings, the maximum and minimum duration of cases, and the percentage of cases pending over four or three years. In addition, we provide a hypothetical calculation of the costs of the bankruptcy proceedings of all socially-owned enterprises in the three commercial courts in case the objection for the protection of the right to a trial within a reasonable time has been affirmed. The results show that there are no significant differences between the three commercial courts in the time dimension of the bankruptcy of socially-owned enterprises, given the fact that the vast majority of cases exceed the reasonable time limits and that such lengthy proceedings will significantly burden the RS budget.","PeriodicalId":237738,"journal":{"name":"Facta Universitatis, Series: Law and Politics","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126610649","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}

引用次数: 0

LEGAL PRINCIPLES AS TELEOLOGICAL LEGAL ATTITUDES IN THE LEGAL ORDER OF A STATE OF LAW 法律原则是法治国家法律秩序中的目的论法律态度

Facta Universitatis, Series: Law and Politics Pub Date : 2021-09-30 DOI: 10.22190/FULP2101027P

M. Prica

{"title":"LEGAL PRINCIPLES AS TELEOLOGICAL LEGAL ATTITUDES IN THE LEGAL ORDER OF A STATE OF LAW","authors":"M. Prica","doi":"10.22190/FULP2101027P","DOIUrl":"https://doi.org/10.22190/FULP2101027P","url":null,"abstract":"This article presents the difference between legal norms and legal principles. The author’s viewpoint is based on the differentiation between regulatory, systemic and teleological legal attitudes in the legal order of a state of law (Rechtsstaat). The conceptual framework of legal principles entails constituent laws and different areas of a legal order. Unlike legal norms (as subject-specific regulating legal attitudes) and legal standards (as the most general legal attitudes), legal principles are radiating teleological legal attitudes. Moreover, being the result of systemic and teleological concretisation of written law, legal principles as basic teleological legal attitudes are shaped as bundles of teleological legal attitudes and legal conceptions. In the order of a legal state, legal principles have a circular flow in the operation of the legal order, which is determined by the complementary roles of the institutional order of public authority, the institutional order of state authority, and the institutional order of a territorial community. It necessarily brings to light the difference between the fundamental legal principles of a legal order and the legal principles governing different areas of a legal order. This article analyzes the aspects of systemic and teleological understanding of legal principles, particularly considering the distinctive nature of legal principles as sources of law. Legal principles are also viewed as canons directly developed in jurisprudence, within the framework of the “internal legal system” based on legal forms.","PeriodicalId":237738,"journal":{"name":"Facta Universitatis, Series: Law and Politics","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122107608","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}

引用次数: 0

‘CONVERTING’ DIFC JUDGMENTS INTO ARBITRAL AWARDS: PRACTICE DIRECTION No. 2 OF 2015 AND ITS CONTROVERSIES 仲裁裁决的“转化”:2015年第2号实务指示及其争议

Facta Universitatis, Series: Law and Politics Pub Date : 2021-09-30 DOI: 10.22190/FULP2101055T

Miljana Todorović

{"title":"‘CONVERTING’ DIFC JUDGMENTS INTO ARBITRAL AWARDS: PRACTICE DIRECTION No. 2 OF 2015 AND ITS CONTROVERSIES","authors":"Miljana Todorović","doi":"10.22190/FULP2101055T","DOIUrl":"https://doi.org/10.22190/FULP2101055T","url":null,"abstract":"This paper examines the DIFC Practice Direction No.2 of 2015, which provides a possibility of judgment conversion into an arbitral award. In certain cases, this mechanism allows a judgment to become the basis of an arbitral award if parties agree to refer a 'judgment payment dispute' to arbitration. As a result, it would be possible to enforce an award rendered in this procedure under the New York Convention. In the beginning, a short overview is given of the organisation of the DIFC Courts and the Arbitration Center, their main features, and the enforcement of the DIFC judgments and arbitral awards abroad. Following is a detailed interpretation of Practice Direction No.2, the suggested arbitration clause and the referral criteria, their evolution, and the drafter's intention hidden in its wording. The last part deals with controversies in the use and the effect of Practice Direction No. 2, especially the negative effect of the elimination of the review of a judgment, the possibility of the arbitral tribunal to rehear the dispute, and the risk of double recovery. Notwithstanding the feasibility of the application of the New York Convention to enforce an arbitral award resulting from the use of the arbitral clause recommended in Practice Direction No. 2, the use of this mechanism would have an eliminating effect on the review of due process and public policy, which would normally be performed in a court exequatur.","PeriodicalId":237738,"journal":{"name":"Facta Universitatis, Series: Law and Politics","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131740929","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}

引用次数: 0

THE ROLE OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE LEGAL RECOGNITION OF SAME-SEX COUPLES 欧洲人权法院在法律上承认同性伴侣方面的作用

Facta Universitatis, Series: Law and Politics Pub Date : 2021-09-30 DOI: 10.22190/FULP2101001J

D. Janićijević

引用次数: 0

CULPABILITY AS AN ESSENTIAL ELEMENT OF INDICTMENT AND THE OPERATIVE PART OF THE JUDGMENT 罪责作为起诉的基本要素和判决的执行部分

Facta Universitatis, Series: Law and Politics Pub Date : 2020-11-06 DOI: 10.22190/FULP2002105D

Đorđe Đelić

{"title":"CULPABILITY AS AN ESSENTIAL ELEMENT OF INDICTMENT AND THE OPERATIVE PART OF THE JUDGMENT","authors":"Đorđe Đelić","doi":"10.22190/FULP2002105D","DOIUrl":"https://doi.org/10.22190/FULP2002105D","url":null,"abstract":"The author deals with culpability as a subjective element of the general notion of a criminal offense, which must be an integral part of every indictment and the operative part (disposition) of the judgment of conviction. First, the article presents the theoretical understanding of the notion of a criminal offense as accepted by the Serbian legislator and the notion of culpability in Serbian criminal law theory and current legislation. Then, the author focuses on the content of indictments filed against the accused person, including the prosecutor’s recommendation for imposing criminal sanctions against a juvenile offender, and the content of the judgment on conviction, with specific reference to culpability as an essential element of every indictment and the judgment on conviction. The author further analyzes the issue of the subjective and objective identity of the indictment and judgment in theory and legislation, with focus of culpability and existence or non-existence of a violation of the identity of indictment and judgment in case of entering culpability into the disposition of the judgment on conviction. Finally, the author provides examples from the practice of higher-instance courts in Serbia and a critical standpoint on the legal reasoning in the decisions where the court found a violation of the Criminal Code, given that the scope of an indictment has been exceeded in terms of culpability.","PeriodicalId":237738,"journal":{"name":"Facta Universitatis, Series: Law and Politics","volume":"5 10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120841597","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}

引用次数: 0

FORENSIC EVIDENCE: SCIENCE AND THE CRIMINAL LAW 法医证据:科学与刑法

Facta Universitatis, Series: Law and Politics Pub Date : 2020-07-09 DOI: 10.22190/FULP2001053M

Filip Mirić

引用次数: 0

AN OVERVIEW OF GENDER MAINSTREAMING IN UN PEACE OPERATIONS 联合国和平行动性别主流化概述

Facta Universitatis, Series: Law and Politics Pub Date : 2019-09-13 DOI: 10.22190/fulp1902159t

G. Topalović

引用次数: 0

THE POSITION OF WOMEN IN THE SERBIAN ARMY: CURRENT STATE OF AFFAIRS AND PERSPECTIVES 妇女在塞尔维亚军队中的地位:现状和前景

Facta Universitatis, Series: Law and Politics Pub Date : 2019-09-13 DOI: 10.22190/fulp1902137m

Filip Mirić

引用次数: 0