Zbornik Radova Pravnog Fakulteta u Nisu最新文献

{"title":"NOVI KONCEPT USKLAĐENOSTI ROBE\u0000S UGOVOROM PREMA DIREKTIVI (EU)\u00002019/771","authors":"","doi":"10.51558/2712-1178.2022.8.2.7","DOIUrl":"https://doi.org/10.51558/2712-1178.2022.8.2.7","url":null,"abstract":"Important changes in consumer sales law occurred with the adoption of the new Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods,\u0000which modernized the traditional sales law according to digitalization requirements.\u0000Although it follows the same conceptual framework of conformity with the contract\u0000as Directive 1999/44/EC it also brings a considerable amount of new legal solutions.\u0000Instead of the principle of conformity with the contract, Directive (EU) 2019/771 now\u0000prescribes a combination of clear subjective and objective criteria for conformity,\u0000whereby objective criteria are favored for the purpose of better consumer protection.\u0000On the other hand, bearing in mind that the definition of the notion „goods“ has\u0000been expanded to include „goods with digital elements“, the conformity criteria have\u0000been supplemented with additional requirements such as update obligation. Another\u0000important change concerns the degree of harmonization, so instead of minimum har-\u0000monization, the EU Member States were faced with a clause of maximum harmoniza-\u0000tion which affects most of the provisions of the new Directive. The aim of the paper is\u0000to critically analyze the criteria of conformity, since the new rules regulating the re-\u0000lationship between subjective and objective criteria of conformity are one of the most important changes that have occurred in European sales law in the last twenty years.","PeriodicalId":31614,"journal":{"name":"Zbornik Radova Pravnog Fakulteta u Nisu","volume":"3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88382790","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":"ZAŠTITA TVRTKE TRGOVAČKOG DRUŠTVA U\u0000HRVATSKOM PRAVU DRUŠTAVA U SVJETLU NOVELA\u0000ZAKONA O TRGOVAČKIM DRUŠTVIMA I ZAKONA O\u0000SUDSKOM REGISTRU IZ 2022. GODINE","authors":"","doi":"10.51558/2712-1178.2022.8.2.77","DOIUrl":"https://doi.org/10.51558/2712-1178.2022.8.2.77","url":null,"abstract":"In this paper, the author analyzes the legal framework for the regulation of company\u0000protection as an important distinguishing feature of companies in Croatian company\u0000law, especially in the light of the first amendment to the Companies Act from 2022.\u0000With regard to the key principle of exclusivity in company protection, all modalities\u0000of unauthorized use are considered other companies, both according to the afore-\u0000mentioned law and according to special regulations. Thus, the modalities of prote-\u0000cting the company according to the regulations on companies and the court register\u0000were specially processed, with a note that a company can be protected in Croatian\u0000law also according to the regulations on unfair competition (unfair trading) and in-\u0000dustrial property (protection of trade marks and other distinguishing marks). The\u0000paper specifically pointed out the novelties in the Croatian Companies Act regarding\u0000the inclusion of the names of international organizations and countries in the name of a company.","PeriodicalId":31614,"journal":{"name":"Zbornik Radova Pravnog Fakulteta u Nisu","volume":"47 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77849514","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":"PRIMJENA EUROPSKE KONVENCIJE ZA ZAŠTITU\u0000LJUDSKIH PRAVA I SLOBODA U UPRAVNOM SPORU U\u0000BOSNI I HERCEGOVINI","authors":"","doi":"10.51558/2712-1178.2022.8.2.119","DOIUrl":"https://doi.org/10.51558/2712-1178.2022.8.2.119","url":null,"abstract":"The administrative dispute is an extremely important legal and functional mechanism in every democratic state as a guarantee of legality of public administration actions. The development and strengthening of the rule of law imposed as an imperative\u0000the existence of an efficient system of judicial control of the administration, which\u0000will provide citizens with broad legal protection in administrative matters. The Constitution of Bosnia and Herzegovina incorporated the European Convention of Human Rights into the legal system of Bosnia and Herzegovina, as a fundamental legal\u0000instrument for protection of human rights. The Convention’s Protocol 11, established the European Court of Human Rights as the exclusively responsible body for the inter-\u0000pretation of the Convention. The rich practice of the European Court has significantly contributed to the protection of rights in the domain of administrative adjudication.\u0000The aim of this paper is to analyze the compliance of the legal framework of administrative adjudication in Bosnia and Herzegovina with the Convention, with reference\u0000to the practice of the European Court, but also to the practice of the Constitutional\u0000Court of Bosnia and Herzegovina. The authors will try to determine the directions of\u0000reform and europeanization of administrative adjudication, in accordance with the basic european administrative principles and under the assumption that Bosnia and\u0000Herzegovina should organize its administrative adjudication according to the French model, as one of the best mechanisms of control over public administration actions.","PeriodicalId":31614,"journal":{"name":"Zbornik Radova Pravnog Fakulteta u Nisu","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74785328","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":"MEĐUNARODNOPRAVNI ASPEKTI MULTILATERALNOG\u0000POREZNOG INSTRUMENTA","authors":"","doi":"10.51558/2712-1178.2022.8.2.173","DOIUrl":"https://doi.org/10.51558/2712-1178.2022.8.2.173","url":null,"abstract":"The Multilateral (tax) Instrument (MLI) represents an exceptionally interesting international legal act that brings many novelties that will leave an impact both in the\u0000international tax regime and in international law in general and as such deserves our attention. Designed as a multilateral international legal act, the MLI aims to make\u0000changes within the network of about two thousand bilateral tax agreements, so that\u0000in a harmonized, unified and organized way, the latest recommendations of actions\u0000implemented under the auspices of the Organization for Economic Cooperation and\u0000Development are incorporated. (OECD), with the aim of combating the phenomenon\u0000of “base erosion and profit shifting” (BEPS) to jurisdictions with a low or non-existent tax (so-called “tax havens”). The MLI contains elements of modularity, giving Contracting Parties a wide range of options, but maintains consistency by insisting on the immutability of provisions aimed at achieving minimum standards. With such\u0000features, it can certainly represent a model for future multilateral agreements and,\u0000with its example, influence the further development of international law, which is the primary aspect of the interest of this paper.","PeriodicalId":31614,"journal":{"name":"Zbornik Radova Pravnog Fakulteta u Nisu","volume":"137 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73420394","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":"PRIMJENA DIVERZIONIH MJERA PREMA\u0000MALOLJETNIM UČINITELJIMA OD STRANE\u0000POLICIJSKIH SLUŽBENIKA U BOSANSKO-\u0000HERCEGOVAČKOM I UPOREDNOM PRAVU","authors":"","doi":"10.51558/2712-1178.2022.8.2.41","DOIUrl":"https://doi.org/10.51558/2712-1178.2022.8.2.41","url":null,"abstract":"In this article, the authors discuss the legal nature, types and most significant be-\u0000nefits of the application of alternative (diversion) measures for juvenile offenders.\u0000Particular attention is given to diversion measures imposed by police officers. In this\u0000respect, such measures have been analyzed in relevant legislation and practice in\u0000England and Wales, the Republic of Ireland, Canada and Bosnia and Herzegovina. It\u0000was found out that police diversion measures against minors are applied much more\u0000often in the mentioned countries of the Anglo-American legal tradition than in Bo-\u0000snia and Herzegovina. The reasons for this should be found in the fact that the laws\u0000of these countries know more types of these measures, and that the legal possibilities\u0000of their application are much wider compared to the juvenile criminal legislation in\u0000Bosnia and Herzegovina.","PeriodicalId":31614,"journal":{"name":"Zbornik Radova Pravnog Fakulteta u Nisu","volume":"46 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91316732","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":"OPRAVDANOST MIJEŠANJA JAVNE VLASTI U\u0000OSTVARIVANJE PRAVA NA SLOBODU IZRAŽAVANJA U\u0000PRAVNOJ TEORIJI I SUDSKOJ PRAKSI","authors":"","doi":"10.51558/2712-1178.2022.8.2.147","DOIUrl":"https://doi.org/10.51558/2712-1178.2022.8.2.147","url":null,"abstract":"The right to freedom of expression is one of the basic foundations of everyone demo-\u0000cratic society. However, this right can be subject to restrictions for the protection of\u0000other rights and freedoms. It is being worked on, with reference points of view of legal\u0000theory and judicial practice, especially the practice of the European Court for human\u0000rights and the Constitutional Court of the Republic of Croatia, analyzes when interfe-\u0000rence in the first on freedom of expression justified, and when not. Introduction show\u0000the most important international, regional, European and national legal acts that\u0000determine and guarantee freedom of expression. In the central part of the work forms\u0000of public authority interference in the right to freedom of expression are investiga-\u0000ted and criteria for assessing the justification of interference that have developed in\u0000judicial practice. In particular, the need to apply three “tests” during evaluation is\u0000highlighted objections to the interference, and the legality of the interference, legiti-\u0000mate goals are analyzed which were aimed at and the necessity of mixing in a demo-\u0000cratic society. By rating of legal sources and court practice, the author concludes that\u0000the courts do not analyze always all the circumstances of the case, that they do not\u0000always apply the adopted criteria and principled positions of the European Court of\u0000Human Rights and that judges some times have different opinions about when public\u0000authority interferes with freedom expressions justified, and when not, and someti-\u0000mes apply conflicting principled positions of the European Court of Human Rights in\u0000the same legal matter, or apply positions that have been changed in the meantime.\u0000In order to protect the mentioned right and standardize court practice, the author\u0000gives guidelines for work on future cases. Considers that the court which evaluates\u0000the interference objection should consider the context of the case as a whole, take\u0000care that the limitation of one’s freedom of expression is too high socially necessary,\u0000that it is commensurate with a legitimate goal and that they are given for it relevant\u0000and sufficient reasons and considers it important to follow and properly apply recent\u0000court practice, especially the practice of the European Court of Human Rights.","PeriodicalId":31614,"journal":{"name":"Zbornik Radova Pravnog Fakulteta u Nisu","volume":"70 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85747367","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":"Liability of the Republic of Croatia for damage caused by compromising the Real Property Registration and Cadastre joint information system","authors":"Davorin Pichler, Dražen Tomić, Vlatko Ljubanović","doi":"10.5937/zrpfn1-45202","DOIUrl":"https://doi.org/10.5937/zrpfn1-45202","url":null,"abstract":"Before their digitation, land registries in the Republic of Croatia had been kept manually (paper-based registration). The Land Registry Act stipulates that land registries in the Republic of Croatia are kept electronically by means of a Real Property Registration and Cadastre Joint Information System (hereinafter: JIS), containing harmonized real property and cadastral data. A real property and land database is created through the electronic entry of paper-based data, i.e. integration of real property and cadastral data into a single database. Hence, the protection of real property transfers is enhanced since the legal status of the land and all accompanying restrictions (concessions, public property status etc.) can be obtained in one place. The real property land database enables registration of every change to the real property without the need to inform both the land registration court and cadastre thereabout. The Real Property Registration and Cadastre Joint Information System is jointly coordinated and managed by the Ministry of Justice and Administration of the Republic of Croatia and the State Geodetic Administration. The Land Registry Act sets forth that the Republic of Croatia is strictly liable for any damage arising from flaws in keeping land registries. Such damage can occur in case of errors or malfunctions in the respective joint information system. This paper investigates the appropriateness of the measures for protection of the Real Property Registration and Cadastre Joint Information System and the general rules for security and control of the access to the said system, and analyses the risk of compromising it. Regarding the liability of the Republic of Croatia for any damage pertaining to flaws in the land records management, the paper depicts the model of defining the liability for any damage sustained by the holders of ownership rights due to unauthorized access to the said joint information system. The paper also sheds light on the advantages and disadvantages of the model for defining fault and strict liability in the above case, and examines some pending issues relating to the applicable model for defining such damage liability de lege lata as well as possible legal solutions and the potential need for the legislator's intervention de lege ferenda.","PeriodicalId":31614,"journal":{"name":"Zbornik Radova Pravnog Fakulteta u Nisu","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134982291","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":"Revenge pornography: Criminological and criminal law aspects","authors":"Darko Dimovski","doi":"10.5937/zrpfn1-42856","DOIUrl":"https://doi.org/10.5937/zrpfn1-42856","url":null,"abstract":"The propensity to violence is inherent in every society. The development and growing use of modern technologies has lately provided another instrument for victimization of women on an unprecedented scale. This instrument is reflected in the emergence of deepfake and revenge porn as new forms of violence against women. The subject matter of analysis in this paper is revenge pornography, which will be observed from the criminological and criminal law perspectives. In the first part of the paper, after presenting the definition of the concept of revenge pornography, the author elaborates on the key characteristics of revenge pornography as an instrument for the victimization of women. The second part of the paper provides an overview of the normative solutions on this subject matter in certain countries. Given the fact that revenge pornography has been the subject matter of analysis of the European Court of Human Rights in Strasbourg, the author analyzes the ECtHR case law on this issue. In the next part, the author presents the normative framework on this issue in the Republic of Serbia, viewed through the prism of revenge pornography. The final part of the paper focuses on the fight against revenge pornography, with the aim of providing adequate protection to female victims of this criminal offence. It is the only way to increase women's security and confidence that state bodies will provide adequate protection against the misuse of modern technologies.","PeriodicalId":31614,"journal":{"name":"Zbornik Radova Pravnog Fakulteta u Nisu","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134982041","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":"Challenges of digitalization of financial transactions","authors":"Ljubica Nikolić","doi":"10.5937/zrpfn1-44231","DOIUrl":"https://doi.org/10.5937/zrpfn1-44231","url":null,"abstract":"The accelerated development of information technologies has fundamentally changed and improved the functioning of the global financial system, financial markets and economic exchange. Digitization of the financial sector has generated new financial opportunities, improved the quality of financial services, enabled faster and cheaper financial transactions. The challenges accompanying the digital transformation of finances are related to the regulation and security of using new digital products, the possible abuse of digital money transfers, as well as the emergence of technology-based decentralized finances, which may be a factor of factor of financial instability in direct copmpetition with the traditional financial sectors. This paper discusses the current digital transformation in traditional financial systems and decentralized digital finance (DeFi) as an emerging technology enabling decentralized exchange of new forms of digital money and payment instruments. The products and services of different DeFi platforms are constantly evolving and may become part of open decentralized finance, i.e. they can function as a single financial platform. Open Finance would enable the standardization of data exchange and interoperability of different DeFi systems, but there is still a fact that DeFi systems emerged as independent systems that are not part of a common conceptual framework. The term Open Finance refers to the future open financial system, as a continuation of the development initiated by open banking, with the aim of making financial resources of clients more accessible in a wider range of services and platforms. The Open Finance concept is also being developed within the traditional financial sector. The key condition for the development of open finance is user trust and \"the creation of a wider single data market\" (European Union, 2022: 5). The planned concept of open finance includes: a wider choice for customers through access to a more customized and personalized range of services and products; improving access to and use of financial services in all business segments; in line with data protection rules, providing consumers and businesses with greater transparency about how their data is used; facilitating data interoperability in open finance; embedding an open finance approach to client-centred services in a general cross-sectoral framework (European Union, 2022: 6). Adequate regulation of traditional finance and decentralized digital finance is the basis of financial and economic stability. Central banks and regulatory authorities should integrate digital innovations in complex and dynamic decentralized financial sectors in order to monitor transactions, preserve financial stability and prevent money laundering. One part this paper focuses on virtual currencies. From the viewpoint of central banks, virtual currencies are not money in the true sense of the word, for a number of reasons: they are not regulated by laws (as they have thei","PeriodicalId":31614,"journal":{"name":"Zbornik Radova Pravnog Fakulteta u Nisu","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134982052","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 presence of ius commune procedure features in modern Polish civil proceedings","authors":"Magdalena Skibińska","doi":"10.5937/zrpfn1-44453","DOIUrl":"https://doi.org/10.5937/zrpfn1-44453","url":null,"abstract":"Social dissatisfaction with the administration of justice in Poland is closely related to excessive delays in resolving civil disputes. However, this disadvantage is only an outcome of complex and outdated regulations. In recent years, the Polish legislator has introduced various new solutions which were supposed to modernize the civil procedure and accelerate the speed of proceedings. Some of them resemble the medieval ius commune procedure features. The main purpose of this paper is to identify them and discuss their reasonableness as well as their usefulness in modern civil proceedings from the historical perspective. The conducted research leads to the conclusion that the described reform efforts are contrary to the basic civil procedure principles developed over the years, such as orality, publicity or immediacy, and cannot contribute to the expected positive effect in terms of ensuring the right of access to court without undue delay. On the contrary, the efficiency of the proceedings can only be guaranteed by open and direct communication between a court and the parties, simplified procedural rules and increased number of court staff.","PeriodicalId":31614,"journal":{"name":"Zbornik Radova Pravnog Fakulteta u Nisu","volume":"294 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134981607","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}