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The legal status and the role of the Bank of Russia in providing economic sovereignity of the Russian Federation 俄罗斯银行在提供俄罗斯联邦经济主权方面的法律地位和作用
Strani pravni zivot Pub Date : 2021-01-01 DOI: 10.5937/spz65-32072
M. Rapajić, Nebojša Petković
{"title":"The legal status and the role of the Bank of Russia in providing economic sovereignity of the Russian Federation","authors":"M. Rapajić, Nebojša Petković","doi":"10.5937/spz65-32072","DOIUrl":"https://doi.org/10.5937/spz65-32072","url":null,"abstract":"The Bank of Russia is the legal entity which, apart of the other organs of state authorities, acts as the organ of state governing with remarkable role in exibiting the functions of Russian state and insufficiently precisely determined status in accordance to the state authorities and law entities. In this work the investigation is directed to the relationship between the legal position of the Bank of Russia and its role in providing the economic sovereignty of the Russian Federation. The aim of the work is to explore the legal position of main bank in monetary system and its role in providing the economic sovereignty of the Russian Federation on the basis of systematization and reliable literature source norm analysis, applying the comparative-law method, as well as the method of legal exegesis and content analysis. The results of survey imply to the presence of different attitudes to the legal position of the Bank of Russia. Insufficiently determined legal position of the Bank of Russia brings to disballance of measures and activities of executive authorities and the Bank of Russia, which has a negative influence on providing the full economic sovereignty, self-developement of the country and greater social benefits, in spite of the fact that the Bank of Russia is mostly independent from the state authorities having a comfortable position in civil transit affairs.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082633","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
Almost Arctic?: Protecting the Baltic marine environment through international law 近北极吗?:通过国际法保护波罗的海海洋环境
Strani pravni zivot Pub Date : 2021-01-01 DOI: 10.5937/spz65-34644
S. Kirchner, Medy Dervovic
{"title":"Almost Arctic?: Protecting the Baltic marine environment through international law","authors":"S. Kirchner, Medy Dervovic","doi":"10.5937/spz65-34644","DOIUrl":"https://doi.org/10.5937/spz65-34644","url":null,"abstract":"The Baltic Sea, the heart of the Baltic region, is one of the most polluted seas worldwide. For the countries of the Baltic region, the relative importance of the Baltic Sea varies, but all coastal states of the Baltic Sea use the sea and influence it through their manifold activities. The protection of the Baltic Sea therefore is a shared concern for the coastal states. This shared concern has led to the emergence of a specific international legal régime governing the Baltic Sea. In this text, current threats to the Baltic Sea's natural environment and the international legal measures that are taken to protect the sea are described, in particular with a view to possible improvements. Particular emphasis will be placed on the northernmost part of the Baltic Sea, the sub-Arctic Bay of Bothnia that faces particular environmental challenges.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082695","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
Legal regime of work from home in national and international law 国内法和国际法中在家工作的法律制度
Strani pravni zivot Pub Date : 2021-01-01 DOI: 10.5937/spz65-33413
Slađana Gligorić
{"title":"Legal regime of work from home in national and international law","authors":"Slađana Gligorić","doi":"10.5937/spz65-33413","DOIUrl":"https://doi.org/10.5937/spz65-33413","url":null,"abstract":"In the conditions of pandemic Covid 19, there was an expansion of work from home, which includes various forms of informal work that is performed outside of business premises of the employer. Such work includes \"reduced\" control power of the employer, calls into question the legal subrogation in the employment relationship, and has negative consequences for the realization of the rights of employee (primarily for safety and protection at work and privacy). Therefore, the paper lists the most important international documents of International Labour Organization applicable to work from home. It can be noticed that the modern concept of work from home differs from the former, in a way that it is limited to intellectual jobs or services that are performed in the digital environment. Regulation of work from home in the main Labour Law of the Republic of Serbia is incomplete, while the current Law on Health and Safety at Work does not recognize this form of work, which de lege ferenda requires amendment and harmonization of provisions, all with the aim of ensuring fuller protection of fundamental rights to work and in connection with work, as well as regulating the status of employees","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082803","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: 1
Causes, development and results of the semi-presidential system in Lithuania 立陶宛半总统制的成因、发展与结果
Strani pravni zivot Pub Date : 2021-01-01 DOI: 10.5937/spz65-34756
M. Stanić
{"title":"Causes, development and results of the semi-presidential system in Lithuania","authors":"M. Stanić","doi":"10.5937/spz65-34756","DOIUrl":"https://doi.org/10.5937/spz65-34756","url":null,"abstract":"In 1992, Lithuania, similar to many European post-communist countries, and differently from its Baltic neighbours, Estonia and Latvia, chose a typical semi-presidential system of government. A logical question arises, why did Lithuania take a different path in relation to Latvia and Estonia? In other words, it is necessary to investigate the causes of this decision of the Lithuanian constitution-maker, which can help us to realize why and when such solutions are being pursued. Secondly, when that path was already chosen, almost thirty years ago, it is scientifically justified to investigate how this system of government works in practice. The answer to these questions shows us the origin of this choice, and the degree of its justification, as well as the elements on which its positive and negative sides depend.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71083095","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 reform of the crypto licenses system in Estonia and the Regulation on Markets in Crypto Assets proposal 爱沙尼亚的加密许可证制度改革和加密资产市场监管提案
Strani pravni zivot Pub Date : 2021-01-01 DOI: 10.5937/spz65-35127
M. Novaković
{"title":"The reform of the crypto licenses system in Estonia and the Regulation on Markets in Crypto Assets proposal","authors":"M. Novaković","doi":"10.5937/spz65-35127","DOIUrl":"https://doi.org/10.5937/spz65-35127","url":null,"abstract":"As part of the EU's Digital Finance Strategy, the European Commission's proposed Regulation on Markets in Crypto Assets is currently going through its first readings in the Council. The goals of this regulation include protection of the customers, promoting innovation, unification of the regulation of cryptocurrencies at the EU market, etc. However, in parallel with this normative initiative, Estonia is already mulling the overhaul of its entire system of crypto-licensing. A Danske bank scandal demonstrated weaknesses of the current cryptolicensing and it is now on the Estonian government, as the first EU government to encounter this kind of situation, to try to improve current regulation. In this article, both MiCA and the roots of the potential overhaul of crypto-licensing in Estonia will be analysed.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71083468","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: 2
Foreign direct investments screening in EU law at the time of the crisis caused by the pandemic 在大流行造成的危机期间，欧盟法律对外国直接投资的审查
Strani pravni zivot Pub Date : 2021-01-01 DOI: 10.5937/spz65-33936
Mirjana Radović
{"title":"Foreign direct investments screening in EU law at the time of the crisis caused by the pandemic","authors":"Mirjana Radović","doi":"10.5937/spz65-33936","DOIUrl":"https://doi.org/10.5937/spz65-33936","url":null,"abstract":"The European Union is generally open to inward foreign direct investments (FDI). However, over recent years there is a rising trend in screening of inward FDI from third countries in the Member States. As a result, the Regulation (EU) 2019/452 on screening of foreign direct investments was enacted. In this paper the author, firstly, explains the reasons for a change in treatment of inward FDI from third countries within the Member States and the EU itself. The second part of the paper contains an analysis of the legal framework for FDI in the EU, in order to determine the possibility of their restrictions through national legislations. Special attention is given to the FDI-Screening Regulation and its minimum standards for national screening mechanisms. Finally, the author examines how the COVID-19 pandemic affects the treatment of FDI in the EU and concludes that the current crisis has contributed to further expanding the scope and importance of their screening and control.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082615","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 restrictions of the right to inspect the case file in Bosnia and Herzegovina in light of the jurisprudence of the European Court of Human Rights 根据欧洲人权法院的判例，对波斯尼亚-黑塞哥维那审查案卷权利的限制
Strani pravni zivot Pub Date : 2021-01-01 DOI: 10.5937/spz65-33787
Faruk Avdić
{"title":"The restrictions of the right to inspect the case file in Bosnia and Herzegovina in light of the jurisprudence of the European Court of Human Rights","authors":"Faruk Avdić","doi":"10.5937/spz65-33787","DOIUrl":"https://doi.org/10.5937/spz65-33787","url":null,"abstract":"This paper aims to assess the compliance of the provisions of the criminal procedural legislation of Bosnia and Herzegovina dealing with the restrictions of the right to inspect the case file with the standards developed in the jurisprudence of the European Court of Human Rights. The working hypothesis laid out in this paper is that the right of the prosecutor to unilaterally restrict the defense right to access the case file during the investigation and to unilaterally decide which evidence he will use as the basis for the indictment does not satisfy the requirements stemming from the right to a fair trial. The starting point of this paper is the analysis of the case law of the European Court of Human Rights. Afterward, the paper turns to the consideration of the provisions of the criminal procedural legislation of Bosnia and Herzegovina dealing with the restrictions of the right to inspect the case file. In that purpose, this paper employs normative and formal dogmatic legal methods in analyzing the particulars of its subject. The conclusion of the paper is that the law of Bosnia and Herzegovina when it comes to the restrictions of the right to inspect the case file is not in line with the standards of the European Court of Human Rights. For this reason, there is a need for the amending of the Criminal Procedure Codes in force in Bosnia and Herzegovina with the aim of making these Codes compliant with the jurisprudence of the European Court of Human Rights in that respect.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71083046","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
Special investigative actions in Baltic countries 波罗的海国家的特别调查行动
Strani pravni zivot Pub Date : 2021-01-01 DOI: 10.5937/spz65-34759
Veljko Turanjanin, Jelena D. Stanisavljević
{"title":"Special investigative actions in Baltic countries","authors":"Veljko Turanjanin, Jelena D. Stanisavljević","doi":"10.5937/spz65-34759","DOIUrl":"https://doi.org/10.5937/spz65-34759","url":null,"abstract":"The authors in this paper deal with special investigative actions in Baltic countries. Special investigative measures today represent one of the most important measures in the fight against serious criminal offences, but its improper use endangers fundamental human rights, especially the right to privacy and the right to a fair trial. The article is divided into three main parts. After the introductory remarks, the authors elaborate the Lithuanian criminal procedure legislation, which influenced development of the European Court of Human Rights's jurisprudence in the field of the undercover investigator. Latvian solutions are explained in the next part and its main characteristic are numerous special investigative measures. Finally, the authors explain Estonian legislation. The authors specifically consider and analyse the positions of the European Court of Human Rights through judgments rendered in this field. A wide range of special investigative actions indicates their diversity, but mostly the solutions of all three legal frameworks are in line with the standards of the European Court of Human Rights.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"91 5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71083135","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
Forms of testaments in European legislatures 欧洲立法机构的遗嘱形式
Strani pravni zivot Pub Date : 2021-01-01 DOI: 10.5937/spz65-28270
Jovana Vasiljković, Dalibor Krstinić
{"title":"Forms of testaments in European legislatures","authors":"Jovana Vasiljković, Dalibor Krstinić","doi":"10.5937/spz65-28270","DOIUrl":"https://doi.org/10.5937/spz65-28270","url":null,"abstract":"A testament is a unilateral legal act as it is made by a declaration of will of one person and is distinguished from other legal acts by its characteristics. By means of testament the testators may dispose of their rights and create an obligation for themselves and the obligations of the testament do not come into effect until after the death of the testator. A testament can be made in one of the forms prescribed by the law. The primary goal of this paper is to demonstrate and analyse different forms of testaments in the legislature of the Republic of Serbia and the chosen European legislatures of France, Germany, Italy and England. The following methods will be used in the paper: comparative analysis of the forms of testaments in the said legislatures, to be completed by the normative method, while by analysing the content in a systematic way we shall approach the subject matter, and the historical method, which will help us review the origin of certain forms of testaments.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082932","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
Legal-theoretical characteristics and legal-dogmatic development of German law of general terms and conditions 德国一般条款法的法理特征及其法理发展
Strani pravni zivot Pub Date : 2021-01-01 DOI: 10.5937/spz65-33895
Slobodan Vukadinović
{"title":"Legal-theoretical characteristics and legal-dogmatic development of German law of general terms and conditions","authors":"Slobodan Vukadinović","doi":"10.5937/spz65-33895","DOIUrl":"https://doi.org/10.5937/spz65-33895","url":null,"abstract":"The aim of this paper is to explore the specifics of the Germ an approach in resolving legal issues that are raised regarding general terms and conditions. Applying legal-dogmatic, comparative and legal-historical methods, the paper examines the characteristics and basic directions of development of Germ an legal theory and legislation regarding general terms and conditions. The basics of understanding legal doctrine on the character and legal nature of general terms and conditions are laid out chronologically according to the time of creation and period of dominant influence. The paper highlights the extent to which the legal-theoretic and legal-dogmatic development of German law regarding general terms affected other German-speaking countries, primarily Austria and Switzerland. Legal theoretic development in German law ranged from the strong dominance of normative theory to its strong critics that led to the empowerment of contractual theory. Norm ative legal development is characterized by the principle 'from a special law to the general part of the civil code'. The review of the relevant BGB paragraphs shows that when amending paragraphs of the BGB, the legal concept, which was shaped through German theory and legislation in a coherent whole and in a special law on regulating the general terms and conditions law, was preserved. The provisions of that law were essentially taken into the German Civil Code in 2002 as part of the reform of German contract law. This law not only affected the development of other national legal systems, but also had some impact on the development of consumer law at the European Union level. Namely, some of its provisions were used as the basis for one of the most important directives concerning unfair contractual provisions. The paper also points to the current mechanisms for controlling general terms and conditions through the control of the validity of inclusion (incorporation), the black and grey list of contractual provisions and the general clause.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71083008","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: 4
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