Zbornik Radova Pravni Fakultet u Novom Sadu最新文献

{"title":"Environmental protection through criminal law","authors":"T. Lukić","doi":"10.5937/zrpfns1102237L","DOIUrl":"https://doi.org/10.5937/zrpfns1102237L","url":null,"abstract":"Environmental protection is undoubtedly one of the priorities of today, both nationally and internationally. Environment is understood as the totality of natural and man-made values. Environment is primarily protected through administrative and civil law. However, intensive development of industry, engineering and technology has caused the need for environmental protection through criminal law, because the individual elements of endangering the environment can no longer be protected in any other way efficiently. In this article, the author deals with the environmental protection through criminal law at EU level, legislation governing the criminal-legal protection of the environment, as well as some basic issues related to this topis.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"45 1","pages":"237-247"},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71225450","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 theory considerations into individual aspects of judicial prerogatives in criminal matter","authors":"D. Drakić","doi":"10.5937/ZRPFNS1101309D","DOIUrl":"https://doi.org/10.5937/ZRPFNS1101309D","url":null,"abstract":"This article examines from the legal theory standpoints, problems relating to the most important aspects of exercising judicial prerogatives in criminal matter, which sheds lights on the nature of exercise of judicial function in criminal procedure. Following introductory thoughts on the notion of the court in general and on the notion of the criminal court, in particular, the author, in the first part of the article, analyzes and later offers a critical review on preconditions for the exercise of judicial powers by the criminal judge that are both correct and legally sound. In the central part of the article the author looks at two crucial activities of the judge upon which rendering of a legally sound and just decision in criminal procedure depends on - the determination of facts and application of the law. As for the process of determining facts, the author concludes that this is the most complex and the most responsible activity the judge undertakes in the criminal proceedings. The author supports this statement with in-detail explanation and convincing argumentation. In the next part of the article, the author offers analysis of nothing less complex notion of the application of the law, with particular emphasis on the segment of that activity often referred to as the application of the law in the narrow sense of the word. At the end, the author concludes that 'when rendering a decision, regardless of whether on determining facts or on the application of the law, the personality of the judge, as a decision maker, should never be excluded, since judiciary is a keeper of a true law and is not the executioner of legality'.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"45 1","pages":"309-326"},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71225679","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":"Electoral system and electoral campaign in Ancient Rome","authors":"N. Tamaš","doi":"10.5937/ZRPFNS1102509N","DOIUrl":"https://doi.org/10.5937/ZRPFNS1102509N","url":null,"abstract":"One of the most famous orators of the Antiquity, Marcus Tullius Cicero entered the election for the consul's position held in 64 B.C. arranged under extremely disturbed circumstances and he won the consulatus for 63 B.C. Difficulties were caused among others by the fact that an indebted nobleman called Lucius Sergius Catilina saw the only breakthrough for ensuring his political and financial survival in being elected consul, and manifested that in case he would lose he would be willing to take as well violent actions (later, he actually carried out his threats). The orator's younger brother, Quintus Tullius Cicero wanted to help his brother in his campaign foreseen as having quite a lot of turns; so, he wrote a manual for him on the lawful and illegal instruments that could be used in the elections. This work, Commentariolum petitionis (A Handbook for Applicants for Offices) is the first summary of campaign strategy in the history of mankind. In addition to the evaluation of the given situation, the presentation (and exploitation) of the weaknesses of counter nominees, the book provides advice on several counts that might possibly continue to have relevance even today. We do not know to what extent the experienced politician, Cicero adhered to his younger brother's advice; it is, however, a fact that he was elected consul, and as a consul he defeated Catilina's revolt in. 63 B.C.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"45 1","pages":"509-525"},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71225473","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 aid in the EU law and national law","authors":"Drago Divljak","doi":"10.5937/ZRPFNS1103363D","DOIUrl":"https://doi.org/10.5937/ZRPFNS1103363D","url":null,"abstract":"Due to emphasized negative implications, state aid in contemporary law is more and more the subject of legal rules of supra-national and international law, and consequently it is more and more frequently the subject of national laws. The systems of state aid are based on the principle of general non-allowedness of state aid, which is relativised with wide exceptions and the form of allowed and conditionally allowed forms of state aid. In the EU law, a complex and differentiated system of legal regime on state aid is created aimed at preventing the Member States to protect or promote their companies at the expense or harm of competition within the EU. Compared to the regulations that refer to subsidies and that are created at the international level, within the WTO, these regulations are much more detailed and they cover a wide spectrum of different forms of state aid. National laws are accepting the EU concept as a novelty, which is valid in particular for countries in the process of the EU integrations. This has been done in our law as well by enacting of the Law on state aid control. This Law regulates general conditions for granting, granting control, and utilization of state assistance, with the essential objective to establish and provide for competitive market conditions and introduction of order in the field that has not been regulated previously. At the same time, this means a successful fulfillment of the obligations related to pre-accession harmonization of this field, which is a necessary pre-condition for accession of our country into this group of countries since the EU standards and requirements have been fully observed with the above-mentioned Law.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"45 1","pages":"363-377"},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71225580","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":"Comparative analysis: 'Civil rights' in the Roman state and contemporary 'human rights'","authors":"N. Deretić","doi":"10.5937/ZRPFNS1103469D","DOIUrl":"https://doi.org/10.5937/ZRPFNS1103469D","url":null,"abstract":"The paper focuses on exploring the roots of 'civil rights' dating from the times before the Roman civilization and the term of 'human rights', which is a comparatively new concept for what was once understood as 'the right of men'. There is no doubt that the character of the Roman society which was based on slavery made the notion of 'man' restricted and exclusive, since it was based on the dominant form of dependence and use of another person (a slave). Slaves did not have the status of 'men'; they were treated as 'speaking tools' (instrumentum vocale), as well as possessions owned by the person treated like a 'man', primarily a free citizen of Rome. The slave's master could dispose of him just like any other object and decide upon his life and death. Given the fact that the Roman Empire did not create the necessary prerequisites for every person to use what they were naturally given: the right to life and liberty - from which all other rights are derived - it may appear irrelevant to study the issue of the rights of individuals and the treatment they received. But this is only a first glance impression, because the conditions in Rome ensured the basic 'rights of men' exclusively for the Roman citizens, whereas in the case of others (women, children, and slaves) these rights were 'systematically violated'. In all the stages of the Roman state (as kingdom, republic, principate, and dominate) there was awareness among the Romans of the classes constituting their society. Every person was regarded in the function of two essential criteria: his origin and wealth. It is therefore said that the Roman society in all its stages, except the initial one, was a society of conflicts. There were always conflicting classes, the superior ones and the inferior ones. Having been determined as either a free citizen or a slave, the 'man' was further positioned within the society and the family according to his affiliation to liberated persons, peregrines, and the citizens of Rome; the Roman citizens were further classified as patricians, plebeians, noblemen and knights. The old division of society members into 'the free ones' (liberi) and servants (servi) was to be abolished much later, in the 10th century. Once it was realized that, in some parts of the world, the term 'civil rights' did not apply to all humans and when the term 'life' acquired a political meaning, the new term of 'human rights' was adopted. Unfortunately, it took a long time for 'human rights' to be recognized and adopted, so that it took place only in the 20th century. This was preceded by wars and other forms of devastation that led to the annihilation of millions of human lives and that was the dear price of learning how to appreciate them.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"45 1","pages":"469-496"},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71225712","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 ancient Romans knew that lead is a dangerous metal but they tolerated it: Is it happening even today?","authors":"Magdolna Sič","doi":"10.5937/ZRPFNS1103427S","DOIUrl":"https://doi.org/10.5937/ZRPFNS1103427S","url":null,"abstract":"In ancient Rome lead was used frequently. The most exposed to the noxiousness of lead were the miners and the workers that were treating the metal. The Romans noticed the lead caused illness with miners, but they nevertheless thought that small amounts of lead do not jeopardize the life of the rest of the population. Moreover, they used lead even for medical treatments. The ancient Romans were not conscious enough about the level of harmfulness of this metal for everyone's health, even for the wealthiest. New scientific methods proved a high level of environmental lead pollution at the time of the Roman Empire. Today, as the harmfulness of lead is scientifically proved, and is therefore eliminated as an addition to petrol. Moreover, most developed countries strive towards further elimination of lead from the environment. Serbia is only at the beginning of this process. Having in mind that in taking actions for the protection of environment we stay behind many countries, we should not take it only as part of the harmonization process with EU law, but as a common task that is in the interests of all.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"45 1","pages":"427-442"},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71225824","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":"Deep ecology: Creation of theory, principles and perspectives","authors":"C. Dragana","doi":"10.5937/zrpfns46-3136","DOIUrl":"https://doi.org/10.5937/zrpfns46-3136","url":null,"abstract":"From the landlord to victim, nature and our environment have gone the long way. It is destructed by the man, the only one that become from her. Deep ecology is a kind of philosophical theory, which would like to lead us to protect and respect our environment again, as we did it before. While trying to reconcile dysfunctional parts of our lives and our indstialized present, deep ecology tried to resolve some rather important ecological issues. Although it is said that deep ecology is a kind of general and not so successful ecological philosophy, that it is quiet misanthropic, almost terroristic, this theory has been populated thru decades, especially in USA and Scandinavian countries. We think that it is important to know where are its 'rights' and 'wrongs', so that we can make our future better.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"93 1","pages":"349-367"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/zrpfns46-3136","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71226175","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 European arrest warrant","authors":"Djurdjic Vojislav","doi":"10.5937/ZRPFNS46-2010","DOIUrl":"https://doi.org/10.5937/ZRPFNS46-2010","url":null,"abstract":"The paper portrays the new European Union extradition system, established by the Framework Decision on the European arrest warrant and the surrender procedures between Member States of 2002. In the introductory remarks, the author explains the formation and development of the traditional extradition procedure, depicts relevant legal sources, and points to its flaws, which boil down to tardiness and inefficiency. The main author's standpoint is that the European arrest warrant is based on mutual trust in the member-states' legal systems, and that it depoliticizes the extradition procedure by transforming interstate cooperation into cooperation between member - states' law enforcement authorities. On these grounds, the author determines the nature of this new legal institute, that introduces radical changes into the paradigm of the classical extradition, and explains its main features as well as the scope of application. Further on, the paper explores the conditions for issuance of the European arrest warrant, which are proscribed by negative formulations - as absolute and relative obstacles for extradition. Finally, the author explains the standardized formal elements of the European arrest warrant content, which should make its application easier and more expeditious.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"46 1","pages":"21-37"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5937/ZRPFNS46-2010","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71225503","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}