Zbornik Radova Pravni Fakultet u Novom Sadu最新文献

{"title":"On the language style of the law","authors":"Drakic Dragisa","doi":"10.5937/ZRPFNS46-2043","DOIUrl":"https://doi.org/10.5937/ZRPFNS46-2043","url":null,"abstract":"The paper examines the language style of modern laws and the relevance of the language for the law and lawyers in general. In the first part of the paper the author points to the importance of the phenomenon of language and the relevance of the study thereof. Later it gives arguments that support the position that the language is of a great importance both for the law and for the lawyers. In the central part of the paper the author discusses the language style used in laws and maintains that the language style of the modern European laws is to a great degree influenced by the nature and character of such laws, as well as by the nature of the subject matter of the laws, goals that such laws are to achieve and by a desire to achieve 'positivism' in law. In the end, the author stresses that today we have laws that are not only written in rough language but are also of poor content which paints a 'gloomy picture of the language quality of our laws'. In order to change such situation, the author points to the necessity of more profound knowledge of the language and linguistics by the lawyers.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"46 1","pages":"369-381"},"PeriodicalIF":0.0,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS46-2043","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71225861","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":"'Full and effective equality' of the members of national minorities in political life: An addendum to interpretation of international standards","authors":"Rajic Natasa","doi":"10.5937/ZRPFNS46-3020","DOIUrl":"https://doi.org/10.5937/ZRPFNS46-3020","url":null,"abstract":"The paper analyzes the whole system of legal norms regulating the electoral matter in order to determine the actual scope of the implementation of international standards 'full and effective equality' of members of national minorities in the political life in Serbia. Sufficiency of the measures of positive discrimination in electoral law of the Republic of Serbia is focused on two questions. The first question relates to the regulation of the number of signatures required for the determination and declaration of election lists. The second question relates to the applicability of legal electoral threshold or minimum requirements in terms of the number of votes which must be received for participating in the distribution of seats in case of parties of national minorities. There were very serious differences about these issues in practice and it also had the practical consequences. Legal rules in the election matter only know the exclusion of legal electoral threshold in the final stage of the selection process as a measure of positive discrimination. This is the sufficient measure by which the members of national minorities could be put on an equal position with members of the national majority in the race to win seats.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"46 1","pages":"403-422"},"PeriodicalIF":0.0,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS46-3020","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226216","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 impact of lead pollution on human health (environment) in Ancient Rome","authors":"Sič Magdolna","doi":"10.5937/ZRPFNS46-3024","DOIUrl":"https://doi.org/10.5937/ZRPFNS46-3024","url":null,"abstract":"Having in mind that the lead coming from mines and foundries, from the water conducted thought the aqueducts and finally from food and wine, endangered to a great extent the health of Roman population, in this paper the author tackles the possible impact of lead from these sources onto human health (environment) in Ancient Rome, as well as the debated question whether the lead pollution was one of the factors that caused the fall of the Roman Empire.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"46 1","pages":"191-206"},"PeriodicalIF":0.0,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS46-3024","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226301","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":"EU international family law: Legal basis, sources, case law of ECJ","authors":"B. Bernadet","doi":"10.5937/ZRPFNS46-2828","DOIUrl":"https://doi.org/10.5937/ZRPFNS46-2828","url":null,"abstract":"The paper offers analysis of two issues. The first is the overview of the legal basis of international family law and it's sources under the Treaty of Lisbon on the Functioning of the European Union, and the second the case law of the European Court of Justice. Since 1999, when the Treaty of Amsterdam came into force, four regulations were adopted in matters of international family law as secondary sources of EU law, and three of them came into force. National courts of Member Sates are bound to apply directly three regulations, but so far only the interpretation of Brussels II bis Regulation has reached the European Court of Justice. Some of the judgments of the Court could be of interest for Serbian private international law. The reason is in the fact that the Court gave rulings on issues and concepts which are not defined in Serbian law, so they could influence the development and definitions of the those in the course of drawing up the new Act of Private International Law in Serbia. The paper reviews the Sundelind Lopez, the Hadady, the Case A. and the Mercredi judgments.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"46 1","pages":"141-163"},"PeriodicalIF":0.0,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS46-2828","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226158","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":"Illegal cross-border trade of protected species of wild fauna and flora","authors":"Pisaric Milana","doi":"10.5937/ZRPFNS46-2772","DOIUrl":"https://doi.org/10.5937/ZRPFNS46-2772","url":null,"abstract":"It is estimated that the international trade in wild plants and animals annually worth several billion dollars, hundreds of millions of species are traded: live specimens of animals and plants and products derived from them, including food products, exotic leather products, wooden musical instruments, timber, souvenirs, drugs, cosmetics and more. Proportion of exploitation of certain plant and animal species are large, so that their traffic together with other factors, such as habitat loss, greatly endangering their populations driving some species to extinction. Although certain species of wild animals and plants are not endangered by trade, traffic regulation is necessary to ensure that trade that meets the requirements of sustainable development in order to preserve the natural resources for the future, and in particular to prevent the damaging effects of illegal trade in protected species in cross-border context.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"46 1","pages":"383-400"},"PeriodicalIF":0.0,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS46-2772","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226023","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":"Legal mechanisms in European Union and Serbia which aimed to protect women from domestic violence","authors":"Samardzic Sandra","doi":"10.5937/ZRPFNS46-3112","DOIUrl":"https://doi.org/10.5937/ZRPFNS46-3112","url":null,"abstract":"Violence against women is the most common form of domestic violence. This problem has long been ignored, because it is considered that family relations, e.g. relations between married and unmarried partners are a private matter and the state's obligation was to refrain from any interference. However, since the problem of domestic violence against women has become increasingly common, the attitude of the international community began to change, and it was increasingly emphasizes the need to create adequate legal mechanisms to provide protection to the victim. In this sense, in the United Nations, and the European Union a number of laws were enacted. In Serbia, there is also both, criminal and civil law regulation that seeks to prevent domestic violence and to punish perpetrators and protect victims. In addition to adequate legal mechanisms, which can always be improved, it is necessary to take certain initiatives by states that can lead to improved awareness among the people about the presence of violence, and the ways in which they can help.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"33 1","pages":"423-442"},"PeriodicalIF":0.0,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS46-3112","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226124","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 importance of Justinian's codification work in the field of marital relations","authors":"N. Deretić","doi":"10.5937/ZRPFNS1101327D","DOIUrl":"https://doi.org/10.5937/ZRPFNS1101327D","url":null,"abstract":"This paper tries to describe theoretically some of the numerous questions regarding the marriage in Justinian's time (525-565). By finishing the work of his predecessors (Gregorian, Hermogenian, Theodosius), Justinian codified the whole of Roman law. Of course, when we speak about Justinian, we also have in mind Tribonian and other members of his team. He introduced many innovations in family, i.e. marital relations: cognate kinship (blood kinship) replaced agnate kinship; the head of a family had no more 'right of life or death' (ius vitae ac necis) over the family members; marriage was reformed and a lot of restrictions were abolished as well as many pagan rituals involved in the act of getting married, and the divorce was no more 'duty but right'. Under the influence of Christianity that was spread in the first century among slaves and the poor and the moral purity that had been preached by Christianity - Justinian continued the policy of his predecessors (August, Constantine, Theodosius) towards strengthening marriage and family. Even in the period of spreading Christianity across the Roman Empire, ancient Roman religious rituals were becoming less common due to decreased importance of religion and ethics. Roman legislation in that period did not insist on formalities in the process of getting married; it insisted on a mutual agreement of a bride and bridegroom and after that the marriage was contracted as a 'legal union' - consensus facit nuptias - as the Romans said. In the Justinian time, although the marriage was under a great influence of Christianity, it required no church blessing for a contracted marriage. That condition will be introduced by Leo the Wise in the 9th century for the Eastern Roman Empire. According to Justinian, a marriage is 'the relationship of a husband and wife that contains permanent life community'. The procedure and the attached activities that accompany the act of getting married (engagement, dowry, premarital gift, prenuptial contract or instrimentum dotale, for the persons of higher classes) were contained in the provisions of Institution, Digest, Codex and Novellae and these have been referred to in the discussion about the topic in questions. Historical, comparative, legal and dogmatic methods have been used for the purpose of producing this paper. CONCLUSION: An analysis of provisions from the mentioned parts of Justinian's codification has lead us to a conclusion that they were the foundations for matrimonial legislation (with respect to both concluding marriage and divorce) in most states of the former Byzantine empire. Even today, only a secular marriage concluded before relevant state authorities is considered to be valid. Those wishing to be married in church are free to do so in the presence of the clergyman in charge, but this act has no legal effect.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"8 1","pages":"327-346"},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71225350","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":"Regulation on Deforestation and an example of its application in practice","authors":"U. Stanković","doi":"10.5937/ZRPFNS1103759S","DOIUrl":"https://doi.org/10.5937/ZRPFNS1103759S","url":null,"abstract":"The author sheds light on Regulation on Deforestation, introduced in Serbia in 1839 and an example of its application in practice - trials for deforestation before the Court of Kragujevac District in 1844, the year before the Regulation was amended. A number of elements of those trials were analyzed, among which how many perpetrators were trialed, in what manner offenses were executed, what evidence the Court used in order to acquire complete knowledge on cases and what punishments were inflicted. The number of offenders was much larger in comparison with years that preceded 1844. The perpetrators never appeared as individuals; deforestation was regularly carried out by several persons at the same time. Regarding evidence, the Court leaned on confessions, statements of witnesses and documentary evidence. Interestingly, none of perpetrators denied they committed the very act of offense. Whilst some of them gave full confessions, other attempted to either find grounds which would present their act as unpunishable, or base their defense on certain mitigating circumstances. Many of perpetrators considered the fact to have cut woods on their own land as the key factor excluding punishability of their acts. Similarly, some of them hoped to soften the Court stating that they cut woods because of utterly difficult financial situation. The testimonies of witnesses in one case served to corroborate charges against defendants, as in other situations they testified on behalf of alleged offenders. Documentary evidence were, as well as testimonies of witnesses, presented only in situations when the defendants would not confess to an offence, and they appear in the form of reports sent by District Police, tasked with investigation. The Court always administered two punishments. Besides fines, appearing in all trials, it cumulatively inflicted corporal punishment, prison or deprivation of titles. Corporal punishment is meted out in convincing majority of cases.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"45 1","pages":"759-778"},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71225766","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":"Current aspects of the principal of protecting employees","authors":"J. Predrag","doi":"10.5937/ZRPFNS1103141J","DOIUrl":"https://doi.org/10.5937/ZRPFNS1103141J","url":null,"abstract":"The principal of protecting employees is traditionally present in labor law. Particular categories of employees, also traditionally, enjoy special protection (young people, women, the disabled). However, the issue of protection of moral integrity of the employees has only recently been addressed. That makes the general principle of the protection of employees in labor relations very current, and it is from that perspective that this paper points out to certain standards of protection of employees in light of international, European and domestic law.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"45 1","pages":"141-161"},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71225520","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 new architecture of the European Union","authors":"Z. Radivojevic, Vesna Knežević-Predić","doi":"10.5937/ZRPFNS1101011R","DOIUrl":"https://doi.org/10.5937/ZRPFNS1101011R","url":null,"abstract":"The Lisbon Treaty has brought significant changes into the architecture of the European Union. The most important novelty, however, is the establishment of a full unity of the Union structure achieved by creating new and strengthening the existing elements. The new elements of this unity are the disappearance of the European Community, the 'independence' of the European Atomic Energy Community, constituting the European Union as a single entity and the introduction of EU values. At the same time, the Lisbon Treaty has strengthened the existing elements of the common institutional mechanisms, rules on amending the founding treaties and EU membership. However, constituting the Union as a single entity which has replaced and succeeded the European Communities has not abolished the EU elements of diversity. In the areas that differed, even before the adoption of the Lisbon Treaty, from the community pillar, there remain significant differences in the nature and the scope of competences of the Union institutions. This mainly regards the common foreign and security policy, which now includes the defense policy, where the existing model of inter-state cooperation has been only slightly interfered with. In contrast, in the field of police and judicial cooperation in criminal matters, which has become part of a larger Area of Freedom, Security and Justice, the inter-state model of cooperation has been abandoned in some of its most important elements. However, the implementation of some of the important elements of the supranational model has been postponed.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"45 1","pages":"11-37"},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71224939","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}