Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije最新文献

{"title":"OBAVEZE PREVOZNIKA PREMA LICIMA SA INVALIDITETOM KAO KORISNIKA USLUGA PREVOZA PREMA PROPISIMA EU I PROPISIMA SRBIJE","authors":"Zoran Miladinović","doi":"10.46793/xvixmajsko.019m","DOIUrl":"https://doi.org/10.46793/xvixmajsko.019m","url":null,"abstract":"The paper discusses the obligations of the carrier as a provider of transportation services towards persons with disabilities as passengers in public transportation according to EU regulations and Serbian regulations. Bearing in mind that passengers as users of transportation services in all branches of traffic are generally the weaker party to the contract (especially when persons with disabilities appear as passengers), it was necessary to prescribe clear obligations of the carrier as well as other entities that provide services that are in the function of using transportation service in relation to persons with disabilities and persons with reduced mobility. The starting point for establishing appropriate obligations for carriers towards this category of service users is the UN Convention on the Rights of Persons with Disabilities. On the basis of the principle provision from this convention, the obligations of carriers towards persons with disabilities as passengers in public transport are regulated in all branches of traffic by the relevant EU regulations (Regulations). Based on the UN Convention on the Rights of Persons with Disabilities, the relevant EU regulations and the Law on Prevention of Discrimination against Persons with Disabilities of the Republic of Serbia, in Serbia, the regulations on passenger transportation in certain branches of traffic prescribe appropriate obligations for carriers towards persons with disabilities as users of transportation services. By prescribing appropriate obligations of carriers towards persons with disabilities as users of transportation services, persons with disabilities as passengers in public transportation finally received appropriate protection, at least in a normative sense. Due to the differences in certain branches of traffic and the issue of the carrier's obligations towards this category of passengers, it is regulated differently in certain branches of traffic, but the conclusion is that this issue is best regulated when it comes to air transport, so it can serve as a model for further regulation of this issues in other branches of traffic in Serbia, especially when it comes to road traffic, since the current regulations almost do not regulate it.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133922637","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":"PUNOMOĆJE DATO U INOSTRANSTVU ZA ZAKLjUČENjE UGOVORA O PROMETU NEPOKRETNOSTI KOJA SE NALAZI U DOMAĆOJ DRŽAVI – NEKOLIKO NAPOMENA IZ UGLA MEĐUNARODNOG PRIVATNOG PRAVA SRBIJE I MEĐUNARODNOG PRIVATNOG PRAVA CRNE GORE","authors":"Slavko Đorđević","doi":"10.46793/xixmajsko.991dj","DOIUrl":"https://doi.org/10.46793/xixmajsko.991dj","url":null,"abstract":"Serbian and Montenegrin notaries deal very often with documents which were made abroad before foreign notary and in which the authority of an agent for conclusion of contracts for transfer of immovable property located in Serbia/Montenegro was embedded. This paper discusses the issue whether such documents are valid in respect of form (formal validity), since the rules on form of foreign law may differ from those of the laws of Serbia and Montenegro. In order to solve this issue, Serbian/Montenegrin notaries have to determine the law applicable to the form of agency. Considering that the PIL Act of Serbia and the PIL Act of Montenegro contain different conflict-of-law rules on agency and their substantive laws differently regulate the form in which agent’s authority for conclusion of such contracts has to be given, the issue is discussed from the point of view of each country respectively.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114520478","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":"UGOVOR U KORIST TREĆEG LICA – ODSTUPANjE OD NAČELA „INTER PARTES“","authors":"Vladimir Vrhovšek, Sandra Đorđević","doi":"10.46793/xixmajsko.1141v","DOIUrl":"https://doi.org/10.46793/xixmajsko.1141v","url":null,"abstract":"The contract represents an instrument of legal transactions through which the contracting parties regulate their rights and obligations within the limits of compulsory regulations, public order, and good customs. The Law on Contracts and Torts proclaims the principle of disposition and autonomy of will, as a result of which the contracting parties can create rights and obligations for themselves and the other contracting party with their free declarations of will, regulate their mutual relations in a different way from legal solutions, as long as they do not exceed the set limits, under the threat of nullity of the contract. In addition to the above, the contract can extend its effect besides the contracting parties, and it can be used to contract rights in favor of third parties, whose will did not participate in the creation of the contract itself. In this paper, the authors will show the impact of a contract in favor of a third party, as an exception to the inter partes principle, on the example of a contract concluded between RF PIO and JP \"Pošta Srbije\" and look at the legal validity of such a contract, through court practice.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117248444","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":"RAZGRANIČENjE IZMEĐU REGISTROVANE ZALOGE I FIDUCIJARNOG PRENOSA SVOJINE KAO REALNE GARANCIJE","authors":"Aleksandra Pavićević","doi":"10.46793/xixmajsko.1119p","DOIUrl":"https://doi.org/10.46793/xixmajsko.1119p","url":null,"abstract":"The subject of the paper is an analysis of the physiognomy of two institutes with the role of real security of claims, which exist in modern comparative law, namely - registered pledge and fiduciary transfer of property for the purpose of real security of claims. Unlike the registered (stateless) pledge on movable property, which is known by all modern regulations, including domestic law, the fiduciary transfer of property is an unusual real guarantee, which is not regulated in positive Serbian law (nor has it ever been). Nevertheless, this institute has long been familiar with European, and especially German, business (banking) practice, as well as numerous newer regulations. Since the introduction of this institute was proposed by one of the two legal projects drafted so far, which embody the future Serbian civil law (Draft Code of Property and Other Real Rights of Serbia from 2011), the author locates the similarities and differences between the two mentioned institutes, with with the aim of formulating a final assessment on the expediency of introducing this institute into Serbian law de lege ferenda. After the analysis, the author concludes that the fiduciary transfer of property: in terms of content, effect, object, flexibility, multifunctionality and non-accessibility exceeds the purpose of a registered pledge, and with its physiognomy and internal logic embodies a guarantee sui generis, the introduction of which would enrich the range of real guarantees in Serbian law. After all, it is the course of modern European national legislators, but also of supranational EU law, which is significant due to the need to harmonize domestic law with European law.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124833719","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":"ORGANIZATOR PLATFORME ZA TRGOVANjE DIGITALNOM IMOVINOM KAO PRUŽALAC USLUGA","authors":"Nebojša Đ. Jovanović","doi":"10.46793/xixmajsko.325j","DOIUrl":"https://doi.org/10.46793/xixmajsko.325j","url":null,"abstract":"In this paper for the conference, the author points that the trading platform of digital assets is an object of law, but not persona at law. That is why, it is necessary to manage it by some expert person, as a persona at law. The author explains the notion of the trading platform and causes of its appearance on the market of digital assets. He also explains the notion of its organiser (i.e. manager), as one kind of provider of services relating to the digital assets, their business, legal requirements for awarding the authorisation by the supervisory authority, as well as the procedure of their authorisation under the Serbian law. There is serious doubt about the material validity of digital assets as a means of payment and of investment, due to the many unknown elements of them. There also exists a serious risk that the organiser of trading platform misuses its legal position within the trading process which it organises. The cause of the risk is too great liberty of the organiser to choose its role within the trading process, which it manages by its platform. The author concludes that Serbia should have prohibited the organiser to trade with the users of its services, because it violates the principle of impartiality of the organiser of any type of multilateral trade with any kind of assets, including the digital assets.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129103562","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":"PRAVNA REGULATIVA USLUGA U TURIZMU I UGOSTITELjSTVU","authors":"Dragan Vujisić","doi":"10.46793/xixmajsko.195v","DOIUrl":"https://doi.org/10.46793/xixmajsko.195v","url":null,"abstract":"The legal regulation of services, both in national and international law and in the law of the European Union, is characterized by heterogeneity, that is, the fact that regulations, both legal and sub-legal, are scattered in several different legal acts; in no country does there exist a single legal act that would contain in one place all the norms relevant to the legal regulation of relations in tourism and catering. The reason for this is the fact that tourism and catering are such complex activities that it is almost impossible to organize them uniformly. Because they encroach on the areas of various economic and non-economic activities that, in terms of normativity, belong to various legislative bodies and administrative bodies. Certain provisions are made in regulations that refer to all or more activities, including tourism and catering, while, on the other hand, certain regulations contain norms that exclusively or predominantly relate to tourism and catering. And when it comes to norms that exclusively or predominantly relate to tourism and catering, there are differences depending on which area of tourism and catering they regulate, whether they regulate the area of the organization of tourism and catering and their subjects or the area of business and contractual relations in tourism and catering . The paper is a modest attempt to collect and systematize the provisions related to tourism and catering, which are scattered in various regulations and business practices in Serbian law, international law and the law of the European Union.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116527843","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":"PRIMENA „BALANCED SCORECARD“ MODELA U BANKARSKOM POSLOVANjU","authors":"Milan Palević","doi":"10.46793/xixmajsko.119p","DOIUrl":"https://doi.org/10.46793/xixmajsko.119p","url":null,"abstract":"The process of market globalization has reduced the importance of national borders and enabled banks to internationalize their operations. When performing on the foreign market, the management of the bank faces certain changes, because the domestic and foreign markets are significantly different in terms of cultural characteristics, economy systems and legal regulations. It is necessary for the bank’s management to implement a model that includes tangible and intangible assets, in order to apply an integrative and holistic approach and to look at the bank’s operations in a comprehensive way. The Balanced Scorecard model represents a modern control mechanism and consists of four perspectives: the financial perspective, the customer perspective, the perspective of internal business processes and the learning and growth perspective. Each perspective contains a large number of business indicators, which help the bank’s management when formulating and implementing a business strategy, which should enable successful and profitable business. The aim of the paper is to define and list the most significant features of the Balanced Scorecard model, as well as to connect the perspective of learning and growth with the financial perspective, where the impact of the skills and competencies of employees, represented by the intellectual capital (VAIC) and the bank’s human capital (HCE) on some of the most important financial indicators, the rate of return on total invested assets (ROA) and the rate of return on total invested capital (ROE). Also, the emphasis will be on connecting the perspective of internal business processes with the perspective of customers, and for these purposes, and empirical survey was conducted using the survey method on the territory of the Republic of Serbia. A total of 218 respondents who are clients of certain banks took part in the survey and based on their answers, it is determined which are the most important determinants of electronic banking that affect client satisfaction. Due to the Ukrainian crisis, social unrest and instability of the financial market, the Balanced Scorecard model can be good solution for controlling the operations of banks, while due to the Covid-19 virus pandemic, electronic banking is gaining importance because it allows performing electronic transactions from home. Based on the above, the research takes into account current global developments and offers important practical implications for banking service providers.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114196171","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":"USLUGE ZDRAVSTVENOG SEKTORA I SEKTORA SOCIJALNE ZAŠTITE KAO POMOĆ I PODRŠKA ŽRTVI RODNO ZASNOVANOG NASILjA SRBIJA v. EVROPSKA UNIJA","authors":"Jasmina Krštenić","doi":"10.46793/xixmajsko.685k","DOIUrl":"https://doi.org/10.46793/xixmajsko.685k","url":null,"abstract":"Accepting and understanding the attribute of the victim in criminal, health and social context in the Republic of Serbia and elsewhere in the European Union framework is equally delicate and complex feeling and development. Society apparently does everything that victim stops being stigmatised as a damaged in multisensory meaning with the action of the offender who must not be unpunished. We will ask a question of equality of sociolegal position of victim in different economic and cultural frames. Road signs are ambiguous at best, and efforts to way out path are constant. Let show the path and the way through regulations, procedures, endeavours, and adjustments. Sometimes the path is unmarked, and a medicine more available in discriminatory unjust negligible environment. Services that victim expects and gets are product of adequate legal solutions.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123331304","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":"USLUGE OD OPŠTEG EKONOMSKOG INTERESA I ZAŠTITA KORISNIKA","authors":"Jovana Brašić Stojanović","doi":"10.46793/xixmajsko.877bs","DOIUrl":"https://doi.org/10.46793/xixmajsko.877bs","url":null,"abstract":"In modern economic systems services of general economic interest are gaining more and more importance. In addition to the fact that they are provided in strategically important areas, that it is necessary to achieve continuity in their creation and provide equal access to all consumers, the supply of services of general economic interest requires large initial investments against which there is insufficient profitability. Therefore, the intervention of the state in the field of services of general economic interest becomes necessary. Services of general economic interest, with the direct or indirect presence of the state, are provided by economically powerful merchants, which very often puts consumers in an inferior position when exercising their rights. Bearing in mind the above, the author analyzes services of general economic interest, deals with their definition, regulation at the national and European Union level, and in the context of consumer protection.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129602692","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":"USLUGE NA ZAHTEV","authors":"Jelena Janković","doi":"10.46793/xixmajsko.457j","DOIUrl":"https://doi.org/10.46793/xixmajsko.457j","url":null,"abstract":"Today, new service delivery models create new patterns of behavior in the labor market. Difficulties in overcoming the distance between the service provider and the user are reduced by the use of electronic communication and electronic commerce. In such conditions, there is no direct and immediate contact between the service provider and the user, which endangers the human character of the service-legal relationship. Preservation of the humane character of the service activity, which is performed in a web environment, is the best answer to the challenges of normative regulation of the on-demand economy, both at the level of the European Union and in national legislation. The aim of the paper is to indicate that the humane character of service activities is their basic feature, independent of the sector of the service economy.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130889989","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}