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The challenges of credit risk management in the investment firms in crisis 危机投资公司信用风险管理面临的挑战

Strani pravni zivot Pub Date : 2020-01-01 DOI: 10.5937/spz64-28148

R. Sovilj

{"title":"The challenges of credit risk management in the investment firms in crisis","authors":"R. Sovilj","doi":"10.5937/spz64-28148","DOIUrl":"https://doi.org/10.5937/spz64-28148","url":null,"abstract":"The global financial crisis has given rise to legislative activity on the international level, with the adoption of numerous legal regulations, in order to improve the ability of financial participants, among others, investment firms to absorb losses arising from economic and financial stress situations. Credit risk is one of the dominant risk in the finance and business of investment firms, and consequently, the exposure to credit risk is present in almost all financial transactions. Therefore, the paper points out that the application of adequate methods of credit risk management can contribute to the liquidity of investment firms, as well as preserving the stability of the financial market, taking into account frequent financial market shocks caused by numerous internal and external factors. In this regard, the aim of this research is to indicate how the application of the adopted international standards contributes to reducing the exposure of the investment firms to credit risk. Finally, the research of the legal regime of credit risk management in investment firms, using the normative and comparative method, provides us with a basis for critical review and analysis of national regulation in this field.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082207","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

Regulation of procedural rights of suspect and accused person in the European Union acquis 欧盟刑事诉讼法中嫌疑人和被告人诉讼权利的规制

Strani pravni zivot Pub Date : 2020-01-01 DOI: 10.5937/spz64-25003

M. Matić-Bošković

{"title":"Regulation of procedural rights of suspect and accused person in the European Union acquis","authors":"M. Matić-Bošković","doi":"10.5937/spz64-25003","DOIUrl":"https://doi.org/10.5937/spz64-25003","url":null,"abstract":"Last two decades EU intensifies regulation of specific criminal law matters, both substantive and procedural. Although the EU was relay on Council of Europe and its instruments, adoption of Maastricht Treaty in 1992 and Amsterdam Treaty in 1997 reveal the fact that the EU will intensify legislative activities in this area. EU legislator was focused on protection of EU interests, improvement of security and strengthening of police and judicial cooperation in criminal matters. In parallel, the Court of Justice case law and legal instruments were shaping principle of mutual recognition in criminal matters. Preconditions for mutual recognition is mutual trust, to ensures smooth implementation of foreign decisions. In addition, it was necessary to develop minimal standards for protection of suspects and accused rights, as one of the elements of fair trial. After initial failure, in 2010 member states agreed on Stockholm program and Roadmap on strengthening of procedural rights in criminal proceedings. In line with Roadmap, during 2010-2016 six directives were adopted that regulates specific rights of suspect and accused persons. In the article, author analyses scope of directives, as well as case law of Court of Justice. Adoption of directives is important for establishment of legislative framework, but member states have obligation to transpose directives and implement them in practice. Effects of the directives on rights of accused and suspect should be assessed in the future.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082136","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

Convention 108: Present importance and implementation 公约108:目前的重要性和执行情况

Strani pravni zivot Pub Date : 2020-01-01 DOI: 10.5937/spz64-26350

Arben Murtezić

{"title":"Convention 108: Present importance and implementation","authors":"Arben Murtezić","doi":"10.5937/spz64-26350","DOIUrl":"https://doi.org/10.5937/spz64-26350","url":null,"abstract":"The purpose of this paper is to highlight the significance of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108) in the overall system of personal data protection, especially from the perspective of non-EU countries that are members of the Council of Europe. This is attempted primarily through the evaluation of correlation between the Convention 108 and ECHR and GDPR in its segment that regulates relationship between the EU and third countries. The interest for the issue of personal data protection has been increasing among legal and ICT professionals, academics, government officials and even a general public over the years. This has been particularly intensified by adopting General Data Protection Regulation (GDPR). However, the adoption of the GDPR did not diminish importance of the Convention 108. On the contrary, it seems that the 'adequacy' principle regarding the third countries proclaimed by the GDPR, stresses its importance. The paper begins with the brief overview of the Convention 108 principles and the modernization that is brought by Protocol of 2018, which coincides with the entry into force of much-mentioned GDPR. It continues with analysis of the relationship between the GDPR and Convention 108, with focus on elements decisively influencing the assessment of the adequacy of the level of protection. Even though there is no sign of equivalence between the right to privacy and personal data protection these matters inevitably intersect in practice. Therefore, the final section of the text summarizes the cases of the European Court of Human Rights invoking Convention 108, with the aim to demonstrate how it is interpreted by the highest judicial instance in Europe.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082440","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

Recusatio iudicus: Serbian scope, comparative review and practice of European Court of Human Rights 判例回避:欧洲人权法院的塞尔维亚范围、比较审查和实践

Strani pravni zivot Pub Date : 2020-01-01 DOI: 10.5937/spz64-28056

Krsto Pejović

{"title":"Recusatio iudicus: Serbian scope, comparative review and practice of European Court of Human Rights","authors":"Krsto Pejović","doi":"10.5937/spz64-28056","DOIUrl":"https://doi.org/10.5937/spz64-28056","url":null,"abstract":"The right of a party to exercise a judicial function in a case deciding its rights and obligations is impartial to a judge, which is determined by the obligation of the state to provide, first in a normative and then in a practical framework, the right to be upheld. Prima faciae, when it comes to the Serbian and legal frameworks of surrounding countries, it has been done nomotechnically in an impeccable way, but there are a number of essential shortcomings. The results we have obtained, using comparative legal review and analyzing practice of ECHR indicate that the Serbian, as well as the legislatures in the region, faces major problems in this area. As an anomaly we identified the possibility that a judge, although biased, in accordance with applicable regulations (in Serbian, Croatian and North Macedonian legal framework), could exercise judicial function in the case (because, there Criminal procedure codes stipulates that judge \"can\" be disqualified if there are doubts in his impartiality). Furthermore, very big problem in all legislatures (except Montenegrin) was that the injured party, although entitled to make a compensation claim (and this claim, within the meaning of Article 6(1) of the European Convention constitutes a civil claim), has no opportunity to seek a judicial excption/recusation. Finally, all analyzed legislation, except the Slovenian, allows a judge to take immediate action when it comes to an optional recusation. Disagreeing with this, we suggested that in the future they follow their Slovenian colleague who arranged it in a much better way.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082505","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

Business judgment rule 商业判断规则

Strani pravni zivot Pub Date : 2020-01-01 DOI: 10.5937/spz64-25007

R. Kovacevic

引用次数: 1

Criminal irresponsibility of children: Unpunished crime and possible solutions 儿童的刑事不负责任:不受惩罚的犯罪和可能的解决办法

Strani pravni zivot Pub Date : 2020-01-01 DOI: 10.5937/spz64-27790

M. Živković

{"title":"Criminal irresponsibility of children: Unpunished crime and possible solutions","authors":"M. Živković","doi":"10.5937/spz64-27790","DOIUrl":"https://doi.org/10.5937/spz64-27790","url":null,"abstract":"Children up to 14 years of age are criminally irresponsible, which in fact means that certain crimes go unpunished, while the injured party becomes morally, and depending on the specific case, sometimes materially undamaged. This situation is debatable from the aspect of justice, since due to the tendency of humanity towards children, the interests of the injured party are neglected, as well as the wider social community, so that every crime is \"punished\". This paper presents current legal solutions in the world regarding the criminal responsibility of children, and examines the reasons for the inability of children to be held criminally liable. The measures of social protection that are taken against children who were not 14 years old at the time of committing the crime and the criminal sanctions that are taken against minors are compared. The position of the injured party in the mentioned situations was also critically indicated. The possibility of criminal liability of parents for the actions of their child was examined. At the end of the paper, in the concluding remarks, suggestions were given to the legislator for solving the problem. Consideration should be given to lowering the limit of criminal responsibility for certain serious crimes, i.e. introducing a rebuttable presumption of non-responsibility / responsibility of children aged 12-14 and in a specific case determine if the child is mature.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082491","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

On the constitutionality of registration of churches and religious communities: Contribution to the study of state-church law 论教会与宗教社团登记的合宪性:对国家-教会法研究的贡献

Strani pravni zivot Pub Date : 2020-01-01 DOI: 10.5937/spz64-25167

Vasilije V. Marković, Marko Romić

引用次数: 0

The Cairo Declaration on Human Rights in Islam 《开罗伊斯兰人权宣言》

Strani pravni zivot Pub Date : 2020-01-01 DOI: 10.5937/spz64-28285

Oliver Nikolić

{"title":"The Cairo Declaration on Human Rights in Islam","authors":"Oliver Nikolić","doi":"10.5937/spz64-28285","DOIUrl":"https://doi.org/10.5937/spz64-28285","url":null,"abstract":"In this paper, the author presents the Declaration on Human Rights in Islam, one of the most important legal acts on human rights adopted by the Organization of Islamic Cooperation in Cairo in 1990. Although this Declaration pretends to improve the UN Universal Declaration of Human Rights, it must be stated that it is acceptable only in countries with a population of Islamic faiths. What most threatens the universality of its application is its deep-rootedness and literal dependence on Sharia law. The article briefly describes all the rights and freedoms mentioned in the Cairo Declaration. At first glance, this Declaration provides protection and guarantees many human rights, even more than the Universal Declaration, but all these rights must be in accordance with Sharia law. This mandatory compliance with Sharia law often makes senseless and restrains the real protection of guaranteed rights. Both positive and negative thoughts and views on the Cairo Declaration are presented, depending on whether theorists of Islamic religions or Western countries have written about it. No matter how you look at it, this Declaration will make sense and will be valid only in Muslim countries, without any possibilities to apply it in some other countries.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082767","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: 3

Tax offenses in legislation Federal Republic of Germany 德意志联邦共和国税收犯罪立法

Strani pravni zivot Pub Date : 2020-01-01 DOI: 10.5937/spz64-25515

Z. Kostić, S. Pavlović

{"title":"Tax offenses in legislation Federal Republic of Germany","authors":"Z. Kostić, S. Pavlović","doi":"10.5937/spz64-25515","DOIUrl":"https://doi.org/10.5937/spz64-25515","url":null,"abstract":"Summary Establishing appropriate measures to protect the fiscal system at the level of EU Member States also includes the protection of the EU financial interests. That protection also means the prescription of tax offenses. These offenses are prescribed by national legislation of all States. Sometimes it is necessary to adjust their legal description with EU legal standards and to the practical requests. Tax misdemeanours are prescribed in all countries by tax law, but tax crimes in some countries are prescribed by primary and in some others by secondary criminal legislaton. In former Member States of the Socialist Federal Republic of Yugoslavia (excluding the Republic of Serbia) tax crimes are prescribed by primary criminal legislation, while Italian and German legislation contain specific solutions. In Italy tax crimes are prescribed by the Law on tax offenses, and in the Federal Republic of Germany by Fiscal Code. Bearing in mind that the German legislation had a major impact on the development of the criminal law of the Republic of Serbia, in this paper we analyse the provisions that prescribe tax offences in the Federal Republic of Germany. The objective of such analysis is to provide recommendations for possible improvement of the national legislation of the Republic of Serbia.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082405","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

Bankruptcy over the deceased's estate (inheritance) as a form of personal bankruptcy 因死者的遗产(继承)而破产，作为个人破产的一种形式

Strani pravni zivot Pub Date : 2020-01-01 DOI: 10.5937/spz64-28309

V. Čolović

{"title":"Bankruptcy over the deceased's estate (inheritance) as a form of personal bankruptcy","authors":"V. Čolović","doi":"10.5937/spz64-28309","DOIUrl":"https://doi.org/10.5937/spz64-28309","url":null,"abstract":"Bankruptcy over the deceased's estate is one of the forms of personal bankruptcy. This institute contains a number of specifics that according to certain elements separate it from the personal bankruptcy. However, most of the rules of personal bankruptcy must apply to this form of bankruptcy, given the status of the deceased, his property and heirs. In order to be able to define the rules of personal bankruptcy in case of bankruptcy over the deceased's estate, we must start from the basic rules of inheritance law concerning the acceptance of inheritance and debts of inheritance. Also, important elements must be defined from the standpoint of the rules of the personal bankruptcy, namely the status of the deceased before death, the source of creditors' claims, the status of inheritance, as well as the possibility of conducting a special personal bankruptcy against the heir. When we talk about the status of the deceased before death, we mean that he was engaged in some economic activity as an entrepreneur or he was a member of a company that has unlimited liability where he is liable with his property for the debts of that company. Finally, the deceased could be only a consumer. The author tries to answer whether the status of the deceased before death is important for conducting bankruptcy proceedings over the deceased's estate. The paper also pays attention to the German legislation, as well as to the US legislation in this area. German Insolvency Act regulates personal bankruptcy in detail, as well as bankruptcy over the deceased's estate. In addition, the author refers to some important provisions of the Act on inheritance of Serbia, as well as of the Act on consumer's bankruptcy of Croatia.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082842","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