NBP Nauka bezbednost policija最新文献

Comparative analysis of mercenary activities in international documents and criminal acts criminalizing warfare abroad in the Criminal Code of the Republic of Serbia 国际文件中的雇佣军活动与塞尔维亚共和国《刑法》将国外战争定为犯罪的犯罪行为的比较分析

NBP Nauka bezbednost policija Pub Date : 2023-01-01 DOI: 10.5937/nabepo28-42602

Ana Mutavdžić

{"title":"Comparative analysis of mercenary activities in international documents and criminal acts criminalizing warfare abroad in the Criminal Code of the Republic of Serbia","authors":"Ana Mutavdžić","doi":"10.5937/nabepo28-42602","DOIUrl":"https://doi.org/10.5937/nabepo28-42602","url":null,"abstract":"Mercenary activities in wars and other armed conflicts, as a social phenomenon, do not stop intriguing both in moral, legal and financial terms, from the first armed conflicts until today. Although present practically throughout the entire human history, the regulation of mercenary activities from the aspect of international law as well as national legislation was completely neglected until recently. It was only after the World War II that the first international documents were created that tried to define and identify mercenaries as a serious threat to international security. Much later, the norms of national (criminal) legislation began to treat the activities of mercenaries as criminal acts, that is, mercenaries as criminals. Accordingly, in this research work the author will try to answer several, today more than ever, current problematic issues, which are based on the harmonization, that is, the non-harmonization of the norms regulating the field of mercenary in the acts of international law and our national criminal legislation, which tried to regulate the field of mercenary work within the national framework - with amendments to the Criminal Code from 2014.","PeriodicalId":33498,"journal":{"name":"NBP Nauka bezbednost policija","volume":"451 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82923397","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 corporate security in the protection of the critical infrastructure of the Republic of Serbia 公司安全在保护塞尔维亚共和国关键基础设施方面的作用

NBP Nauka bezbednost policija Pub Date : 2023-01-01 DOI: 10.5937/bezbednost2302197m

Jana Marković

{"title":"The role of corporate security in the protection of the critical infrastructure of the Republic of Serbia","authors":"Jana Marković","doi":"10.5937/bezbednost2302197m","DOIUrl":"https://doi.org/10.5937/bezbednost2302197m","url":null,"abstract":"Critical infrastructure can be presented as an element of the state necessary for its functioning and at the same time a condition for performing basic functions and providing state services to its citizens. On the other hand, corporate security can be presented as a set of functions aimed at protecting all the values of the entity in which it (corporate security) is incorporated, from all threats, regardless of their origin, type and intensity, through proactive and/or reactive activities. The work is based on the idea that, in addition to the state and its authorities, corporate security significantly contributes to the protection of critical infrastructure, as a form of security established within all entities that manage systems, networks, facilities or their parts that are designated as critical infrastructure. After the analysis of the critical infrastructure sector in the Republic of Serbia and neighboring countries and the situation related to its protection in our country, as well as a brief review of the importance of corporate security for the state and its national security, the aim of the paper is to present the way in which corporate security, through its functions, ensures and contributes to the overall protection of critical infrastructure.","PeriodicalId":33498,"journal":{"name":"NBP Nauka bezbednost policija","volume":"44 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":"135843057","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

Critical approach to (un)justified overcriminalization in the economic field 对经济领域(不)合理的过度定罪的批判方法

NBP Nauka bezbednost policija Pub Date : 2023-01-01 DOI: 10.5937/nabepo28-44104

Jelena Kostić

{"title":"Critical approach to (un)justified overcriminalization in the economic field","authors":"Jelena Kostić","doi":"10.5937/nabepo28-44104","DOIUrl":"https://doi.org/10.5937/nabepo28-44104","url":null,"abstract":"In recent decades, the spread of incriminations in the economic field has been very present. One of the reasons for this is the harmonization of national legislation with acquis communautaire. Bearing in mind the views of other authors, in this paper we started from the assumptions that a large number of economic crimes are unnecessary, because their legal description could be subsumed under the already existing crimes, that excessive criminalization can contribute to problems in practice and that procedural legislation often does not follow the changes in substantive criminal legislation when they are carried out by non-criminal laws, as well as when changing and reforming criminal legislation, crimes prescribed by secondary criminal legislation are generally ignored. Starting from the mentioned assumptions, we try to make recommendations for the further direction of the development of substantive criminal legislation, which, in our opinion, should follow the narrowing of criminal law interventionism in the economic area. In this paper we have analyzed the provisions of secondary criminal legislation, which precisely contain the shortcomings pointed out by the authors when analyzing the need to reform substantive criminal legislation. Therefore, in this paper the dogmatic-legal method is dominant, and special attention is paid to the analysis of the provisions of the Law on Tax Procedure and Tax Administration and the Law on the Capital Market.","PeriodicalId":33498,"journal":{"name":"NBP Nauka bezbednost policija","volume":"34 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":"135101801","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

Tax evasion through unreported employment: Empirical evidence from the Republic of Serbia 通过未报告就业逃税:来自塞尔维亚共和国的经验证据

NBP Nauka bezbednost policija Pub Date : 2023-01-01 DOI: 10.5937/bezbednost2302023v

Stefan Vržina

{"title":"Tax evasion through unreported employment: Empirical evidence from the Republic of Serbia","authors":"Stefan Vržina","doi":"10.5937/bezbednost2302023v","DOIUrl":"https://doi.org/10.5937/bezbednost2302023v","url":null,"abstract":"Unreported employment represents a significant mechanism of tax evasion in transition and post-transition economies, hindering the economic security of a country. Unreported workers are not declared to the national tax authorities and are paid on the cash-in-hand basis, thus evading both labour tax and social security contributions. In this way, labour rights and labour security are violated. The main objective of the paper is to examine the extent of unreported employment in Serbia and to analyse the sectoral and geographical structure of it. The empirical research is conducted on the basis of data from the Ministry of Labour, Employment, Veteran and Social Affairs. The results indicate that almost 8,000 cases of unreported employment were detected during the four-years period, involving more than 14,000 unreported workers. In nearly 70% of all cases, only one unreported worker was detected, though in some cases the number of detected unreported workers was higher than fifty. Although most companies in Serbia are registered in manufacturing and trade industries, accommodation and food service activities and construction are leading industries in terms of unreported employment. In addition, the largest ratio of unreported workers per case is calculated for the construction industry. Regarding the geographical structure, the region of Šumadija and Western Serbia has the largest number of both cases of unreported employment and detected unreported workers.","PeriodicalId":33498,"journal":{"name":"NBP Nauka bezbednost policija","volume":"115 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":"135839745","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 identity of the judgment and charge in criminal procedure: Jurisprudence of domestic courts 刑事诉讼中判决与指控的同一性:国内法院判例

NBP Nauka bezbednost policija Pub Date : 2023-01-01 DOI: 10.5937/bezbednost2302005z

Katarina Živanović

{"title":"The identity of the judgment and charge in criminal procedure: Jurisprudence of domestic courts","authors":"Katarina Živanović","doi":"10.5937/bezbednost2302005z","DOIUrl":"https://doi.org/10.5937/bezbednost2302005z","url":null,"abstract":"Achieving the identity of the judgment and the charge in criminal proceedings, represents the assumption of the realization of the accusatory principle, as well as the realization of fundamental rights of the accused, such as the right to defense, the right to a fair trial. In order to be able to say that in a specific case there is congruence between the judgment and the charge, it is necessary that identity has been achieved both in the subjective and in the objective sense. The above compliances are regulated by the Code of Criminal Procedure of the Republic of Serbia, Art. 420. The legislator points to the importance of achieving the subjective and objective identity of the judgment and charge by prescribing the violation of the said identity as an absolutely essential violation of the provisions of the criminal procedure. In this way, the legislator provided additional protection, first of all, to the individual interest, that is, the position of the defendant in criminal proceedings. As it is a very important questio facti criminal procedural issue, which is regulated by the general clause, it is extremely important to establish in which cases the identity of the judgment and charge is violated. For the purpose of establishing such cases, as well as their grouping according to relevant criteria, research was carried out, which included the analysis of a significant number of decisions of domestic courts-qualitative research approach. Also, in order to determine in which cases the subjects of legal remedies indicated in their appeals the existence of a violation of the identity of the judgment and charge, empirical research was carried out of a certain number of decisions of the High Court in Belgrade and the Court of Appeal in Belgrade-quantitative research approach.","PeriodicalId":33498,"journal":{"name":"NBP Nauka bezbednost policija","volume":"72 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":"135839758","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 concept of community policing and domestic violence: Problems and solutions 社区警务和家庭暴力的概念:问题和解决办法

NBP Nauka bezbednost policija Pub Date : 2023-01-01 DOI: 10.5937/bezbednost2302043s

Danijela Spasić, Svetlana Stanarević

{"title":"The concept of community policing and domestic violence: Problems and solutions","authors":"Danijela Spasić, Svetlana Stanarević","doi":"10.5937/bezbednost2302043s","DOIUrl":"https://doi.org/10.5937/bezbednost2302043s","url":null,"abstract":"This paper problematizes relationships within the so-called \"triangle\": citizens' needs, domestic violence, model of police work in the community. Research practice based on foreign experiences, empirical findings, and theoretical concepts specifically analyzes the scope and limitations of police work in responding to domestic violence. The approach is directed towards the \"victim concept\", in accordance with the most significant international and domestic legal solutions in the field of combating gender-based violence. In Serbia, after the adoption of the Law on the Prevention of Domestic Violence, and according to the reports on the results of its implementation in the period from 2017 to 2022, it is necessary to harmonize judicial practice and procedures, as well as to harmonize the positions of the courts in defining the criminal policy in relation to this social phenomenon. According to the recommendations of international institutions, it is necessary to intensify activities on research and monitoring of domestic violence in Serbia. Data collection is still carried out partially and sporadically, without a clear strategy, systematic and unique approach.","PeriodicalId":33498,"journal":{"name":"NBP Nauka bezbednost policija","volume":"115 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":"135839505","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 use of policeware to hack electronic evidence in Germany and the Netherlands 在德国和荷兰使用警察软件破解电子证据

NBP Nauka bezbednost policija Pub Date : 2023-01-01 DOI: 10.5937/nabepo28-43759

M. Pisarić

{"title":"The use of policeware to hack electronic evidence in Germany and the Netherlands","authors":"M. Pisarić","doi":"10.5937/nabepo28-43759","DOIUrl":"https://doi.org/10.5937/nabepo28-43759","url":null,"abstract":"Hacking as manipulation of software, data, computer system or network without the knowledge and permission of the user constitutes an act of criminal offence. However, given that certain technological tendencies make it difficult/impossible to collect electronic evidence, the question arises as to whether the authorities responsible for detecting and proving criminal offenses should be authorized to hack, i.e. to conduct investigations in the digital environment in such a way that they would be authorized to exploit technical, systemic and human vulnerabilities within the IT system, without knowledge and permission of the user, in order to gain a remote access to protected system and conduct further actions. Although a state authorities' hacking with the aim of collecting electronic evidence carries immense risks for information security and human rights and freedoms with it, one cannot dispute that the deployment of such techniques might be useful in criminal investigations. However, the application of hacking technique would not per se violate the right to privacy and other guaranteed rights and freedoms, only as far as such interference is properly regulated. Hence, the legal framework should explicitly regulate the lawful hacking as a special investigative measure, especially the conditions that should be met and mechanisms that should be applied. As hacking for the purposes of criminal investigation may be performed through various techniques, this paper focuses on a hacking technique based on a malware, and its regulations in two countries with explicit provisions - Germany and the Netherlands.","PeriodicalId":33498,"journal":{"name":"NBP Nauka bezbednost policija","volume":"110 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84198669","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

Undercover agent and endangering basic Human Rights and freedoms with emphasis on the right to privacy 卧底特工，危害基本人权和自由，重点是隐私权

NBP Nauka bezbednost policija Pub Date : 2023-01-01 DOI: 10.5937/bezbednost2302152v

Olgica Vulević

引用次数: 0

(Non)aligned evidence standards for search of apartments, premises and persons in Bosnia and Herzegovina 在波斯尼亚-黑塞哥维那搜查公寓、房舍和人员的证据标准(不一致)

NBP Nauka bezbednost policija Pub Date : 2023-01-01 DOI: 10.5937/bezbednost2302114b

Milijana Buha

{"title":"(Non)aligned evidence standards for search of apartments, premises and persons in Bosnia and Herzegovina","authors":"Milijana Buha","doi":"10.5937/bezbednost2302114b","DOIUrl":"https://doi.org/10.5937/bezbednost2302114b","url":null,"abstract":"The search of an apartment or any other type of premises is a procedural act of coercion against a suspect and another person who is believed to be helping to hide the perpetrators, accomplices of the crime, or objects significant for criminal proceedings. Is the search of the person acceptable based on the right to defense by silence? Evidence in criminal proceedings search of apartment and person are evidence that violates the right to privacy, as well as special investigative actions. However, in the laws on criminal procedure in Bosnia and Herzegovina, the standard of proof for searches of apartments and persons is lower than for special investigative actions. The standard of doubt required for searching is probability that is based on facts, but the standard of doubt required for special investigative actions is reasonable suspicion. Reasonable suspicion is a higher degree of suspicion based on the collected evidence which point to the conclusion that a criminal offense has been committed. The paper addresses the question as to what motivated the legislator to opt for a lower standard of proof for searching in relation to special investigative actions if this evidence limits the right to privacy.","PeriodicalId":33498,"journal":{"name":"NBP Nauka bezbednost policija","volume":"24 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":"135845131","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 internet in the process of Muslims radicalization in the Western Balkans 互联网在西巴尔干地区穆斯林激进化过程中的作用

NBP Nauka bezbednost policija Pub Date : 2023-01-01 DOI: 10.5937/nabepo28-44139

Branslav Simonović, Predrag Popović

引用次数: 0