{"title":"POSREDNIČKE USLUGE JAVNIH IZVRŠITELjA","authors":"Gordan Stanković, Marija Mijatović","doi":"10.46793/uvp21.377s","DOIUrl":"https://doi.org/10.46793/uvp21.377s","url":null,"abstract":"The amended provisions of the Law on Enforcement and Security (2015) from 2019 envisage a new, intermediary function of public executors before initiating the enforcement procedure by regulating the mediation procedure for the purpose of voluntary settlement of the monetary claim of the executive creditor. In addition to the mediating role that the public executor may have during the enforcement procedure, provided for in the original text of the Law on Enforcement and Security, its mediating function has been extended to the mediation procedure that can be conducted before the enforcement procedure is initiated to settle the claim. In this way, the range of judicial services provided by public bailiffs as special judicial bodies has been expanded. The paper presents and critically analyzes the provisions of the Law on Enforcement and Security which regulate this new intermediary service that can be provided by public bailiffs, which is intended to relieve to some extent both courts and public bailiffs in the enforcement procedure, speed up the settlement of enforcement creditors. and reduce the costs of enforcement proceedings. The authors point out some of the implications that may arise in connection with this procedure.","PeriodicalId":349295,"journal":{"name":"USLUGE i vladavina prava","volume":"137 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116061823","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":"TEOLOŠKE VISOKOŠKOLSKE USTANOVE I AUTONOMIJA UNIVERZITETA","authors":"Dejan Matić","doi":"10.46793/uvp21.787m","DOIUrl":"https://doi.org/10.46793/uvp21.787m","url":null,"abstract":"This paper discusses the problem of autonomy of higher education institutions in the context of the current Draft Law on Amendments to the Law on Higher Education. The current situation in our higher education requires an analysis of precisely those proposed norms that regulate the work of higher education institutions that implement academic study programs in the field of theology of one of the traditional churches and religious communities. In addition, the need for such critical consideration, in itself, arises due to the undoubted and immeasurable social significance that service activity in higher education, by the nature of things, quite objectively possesses. Precisely for the stated reasons, this paper is dedicated to the critical analysis of the proposed proposed regulations, as well as to pointing out possible directions for overcoming similar problems in the future, in order to provide service activities in the field of higher education with much-needed stability.","PeriodicalId":349295,"journal":{"name":"USLUGE i vladavina prava","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128196535","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":"NEKA PITANjA DIGITALIZACIJE MEDIJSKIH USLUGA","authors":"Jelena P. Vučković","doi":"10.46793/uvp21.521v","DOIUrl":"https://doi.org/10.46793/uvp21.521v","url":null,"abstract":"Life in the period of the fourth industrial revolution, complete and comprehensive digitization of almost every segment of human life, brings with it new challenges of recognition, understanding and coping in the digital environment. The crisis caused by the Covid-19 virus has further encouraged forms of virtual communication, and accelerated the development of digital services and their provision to unimaginable limits. The paper analyzes the way in which the digital environment influences the change in the way of providing media services, which are increasingly digital, and less classic and traditional. This means meeting and confronting a lot of information on the Internet and new social networks, which are becoming an alternative medium. younger population. Living in a digitized, hypertechnologically mediated world leads to the quantitative nature of information, without clearly determining its quality. A lot of information also leads to a lot of misinformation and false news. The appearance of the so-called algorithmic echo chambers, \"clickbait\" journalism, an increase in hate speech, as well as a decrease in trust in both the mainstream media and the journalistic profession in general. Therefore, in addition to strengthening the legal capacity of Internet regulation and the responsibility of digital service providers for the quality of audio-visual media content, it is important to pay attention to an important segment of preventive social action - development and strengthening of media literacy. Media literacy is one of the key competencies for living and working in a digitized and mediated environment, so it is necessary to clearly define its concept.","PeriodicalId":349295,"journal":{"name":"USLUGE i vladavina prava","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127496636","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":"DVOSTRUKI KVALITET PROIZVODA KAO POSEBAN OBLIK DISKRIMINACIJE POTROŠAČA","authors":"B. Mihajlović","doi":"10.46793/uvp21.851m","DOIUrl":"https://doi.org/10.46793/uvp21.851m","url":null,"abstract":"The modern market is characterized by the existence of several phenomena that threaten the realization of basic consumer rights and require changes or amendments to the existing regulation of consumer law. One such phenomenon is the frequent practice, especially prevalent among large multinational companies, of placing wellknown, recognizable (\"branded\") products of identical appearance but with certain differences in terms of content and structure of the product, its weight or other basic characteristics, depending on the geographic market in which they are placed. If these differences lead to different quality of a recognizable product in the markets of different countries, then we are talking about the dual quality of product. The subject of this paper is the analysis of legal mechanisms that can influence the cessation of the practice of marketing products and services of dual quality by large companies. This analysis is performed through a review of the development path of EU law regarding the practice of dual quality, with a reference to the amendment of the legal regulation on unfair business practices with the provision on dual quality of products. In the concluding remarks, the author assesses the possibility of applying the experience of EU law into Serbian law in order to suppress practices of dual quality of products.","PeriodicalId":349295,"journal":{"name":"USLUGE i vladavina prava","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121626381","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 MATERIJALNI ELEMENTI VLADAVINE PRAVA I OBIM REPRODUKTIVNIH USLUGA","authors":"Dragan Dakić","doi":"10.46793/uvp21.629d","DOIUrl":"https://doi.org/10.46793/uvp21.629d","url":null,"abstract":"Starting from the position that the basic purpose of the concept of rule of law is the protection of the individuals from the power of the State, the aim of this research is to examine if the principle of rule of law contains an element that could legitimize the restrictions of the scope of services in the field of reproductive medicine by the State. In particular, the object of this research is the question whether the right to life, as a substantive element of the rule of law encompassing negative as well as positive guarantees, can be used as an excuse for restrictive regulation of medical service of artificial gestation (ectogenesis). In a broader sense, it was examined if there was introduced any binding regional standards in Europe that would require from the Member State of Council of Europe to regulate service of artificial gestation as if it was an irrevocable process. If so, it would imply inability of progenitors – consumers, to withdraw from the process and suspend consumption of the service. Necessarily, the analysis also referred to the guarantees from the ambit of Article 8 of the European Convention as another substantive international legal element of the rule of law. The research was conducted using a descriptive method that describes the content of the right to life. Further, relevant guarantees and practices of the right to life protection were synthesized into possible claims - premises, which could amount potential basis for building a restrictive syllogism as a legal framework for the State intrusion in this area. These claims are the claim of the intentionality, the claim for equality, the claim of the conflict exclusion, the claim for viability. The conclusions of this research are that presumptive claims cannot provide excuses for the extension of the right to life to an ectoagent (an embryo that develops through ectogenesis) for the reasons explained below. With regard to the guarantees contained in Article 8 of the European Convention, above all autonomy, it has double effect. First, it disconnects ultimate demands of the progenitors from the Convention; second, it confers conditional right to life eligibility to ecto-agent. This research considered second stage of ectogenesis which commence with implantation. The intended originality of the analysis is to examine if the substantive elements of the rule of law from the scope of international human rights law, can be obstacles to the development of reproductive services.","PeriodicalId":349295,"journal":{"name":"USLUGE i vladavina prava","volume":"430 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116571192","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":"SAVREMENA USLUŽNA PRAVILA I VLADAVINA PRAVA","authors":"S. Drobnič","doi":"10.46793/uvp21.041m","DOIUrl":"https://doi.org/10.46793/uvp21.041m","url":null,"abstract":"In this research study, the author is dealing with the contemporary service rules in the light of the idea of the rule of law. The rule of law, as Kosta Čavoški says, is \"a meta-legal idea of a valid legal order that, through detailed and permanent legal restrictions of state power, appropriate properties of law and reliable institutional guarantees, most ensures human security and freedom.\" In this paper, the author is dealing with the concept of the rule of law and the principles on which it is based, and then analyzes the principles on which modern service rules are based. We have paid special attention to the service rules contained in the Services Directive and the Draft Common Frame of Reference for Private Law.","PeriodicalId":349295,"journal":{"name":"USLUGE i vladavina prava","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122333554","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":"О ПСИХОТЕРАПИЈСКОЈ ЕТИЦИ","authors":"Dragana Ćorić","doi":"10.46793/uvp21.613c","DOIUrl":"https://doi.org/10.46793/uvp21.613c","url":null,"abstract":"Psychotherapists are part of a large community of supportive professions - their work, learning and constant acquisition of new competencies are aimed at providing such assistance through direct contact with people who need psychosocial help. This profession consists more of listening than counseling, although there are situations in which counseling in psychotherapy is desirable. aimed directly at establishing physical well-being. The psychotherapeutic profession, by entering the so-called the \"covid regime\" of life from more than a year ago, showed us how much it is really needed both as a profession and as a group of professionals, who, although they come primarily from various other professions, have chosen to help people and more over , in the most subtle part - helping the soul. In this paper, we present the basics of psychotherapeutic ethics, necessary for the provision of a specific type of service: psychotherapeutic work, based more on the ethical codes of transactional analysts, to which the author of this paper belongs.","PeriodicalId":349295,"journal":{"name":"USLUGE i vladavina prava","volume":"111 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114949486","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":"OSTVARIVANjE ZALOŽNIH PRAVA U STEČAJNOM POSTUPKU IZ VREDNOSTI OPTEREĆENE IMOVINE","authors":"Vladimir Kozar","doi":"10.46793/uvp21.929k","DOIUrl":"https://doi.org/10.46793/uvp21.929k","url":null,"abstract":"The article analyzes the legal provisions, legal practice, as well as the opinions of jurisprudence on creditors with rights to separate settlement and pledge creditors as two special categories of secured creditors. The opening of bankruptcy proceedings over the owner of the real estate under the mortgage or of the movable property under pledge has a significant impact on the process of exercising rights and the position of secured creditors. The bankruptcy legal framework in the Republic of Serbia, on the one hand, limits their rights, and on the other hand, provides significant guarantees, by prescribing more specific institutes that further improve the position of secured creditors in the sale of encumbered assets of the bankruptcy debtor, which is the subject of this paper. First of all, the rules that condition the leasing of the encumbered asset of the bankruptcy debtor with the consent of creditors with rights to separate settlement and pledge creditors are considered. Also, the influence of the moratorium on the realization of liens by settling claims from the value of encumbered asset is presented, as a possibility of abrogation of the legal prohibition of individual execution. The procedure of the realization of the preemptive right on the subject of the right to seek separate settlement and on the subject of lien, in the case of the method of sale by direct agreement, as well as the application of the credit bidding institute (possibility for the creditor to offset his secured claim with the purchase price, in case he is the best bidder), have been explained.","PeriodicalId":349295,"journal":{"name":"USLUGE i vladavina prava","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128217479","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":"USLUGA NAMIRENJA IMOVINSKOPRAVNOG ZAHTEVA","authors":"Marija Milojević","doi":"10.46793/uvp21.1005m","DOIUrl":"https://doi.org/10.46793/uvp21.1005m","url":null,"abstract":"The paper presents a continuation of the research on the problem of realization of compensation for damage caused by the commission of criminal offense. In the first paper created within the same project, the author laid the foundations of the problem, dealing with the theoretical notion of damage caused by a criminal offense, the notion of civil torts and tortious liability, and the distinction between the notion of damage and the consequence of a criminal offence. This time, the author will concentrate on settling the receivables for damages by presenting the entire path that one claim for damages should take. Namely, obtaining a property claim should occur primarily in criminal proceedings, but it is most often adjudicated in litigation because in most cases the subject entitled to it is referred to litigation in order to exercise his right to compensation. After the judgement in the civil procedure is rendered, which orders the defendant-convict in the criminal procedure to compensate the caused damage either by compensating the damage in money or by returning the thing, or by annulling a certain legal deal, the concrete execution of the verdict in the executive procedure begins. While studying the manner of collecting the claims of the entitled subject through all three different procedures for the damage caused by the commission of criminal offense, the author also deals with controversial issues that may arise (the issue of statute of limitations for property claim, the issue of subjects who may be holders of property claims, the adequacy of the procedure in which the property claim is exercised, the means of execution of a monetary claim for damages caused by the commission of criminal offense, etc.).","PeriodicalId":349295,"journal":{"name":"USLUGE i vladavina prava","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133063177","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":"RAZVITAK FRANCUSKE ADVOKATURE U XIX VEKU","authors":"Milica Marinković","doi":"10.46793/uvp21.1067m","DOIUrl":"https://doi.org/10.46793/uvp21.1067m","url":null,"abstract":"The paper is dedicated to the development of advocacy in France throughout history, and special attention is paid to the struggle of lawyers to repair the damage caused to their position by the Bourgeois Revolution. The goals of the legal struggle were fully achieved in the period of the Third Republic, rightly called the \"Republic of Lawyers\", when they took over the legislative and executive power. French lawyers, especially in the 19th century, were often real political dissidents. With their work as a politival opposition, they redefined the relationship between the state and society and set a clear border of state power, all of which enabled the easier emergence of a liberal constitutional monarchy, and then a republic. Due to the constant opposition activities in the courtroom, the lawyers demonstrated in the best possible way how closely law and politics stand in each state. In the introductory chapter of the paper, the author gives an overview of the historical development of advocacy from the Frankish period to the Revolution itself. During the Old Regime, lawyers enjoyed the status of \"secular clergy\" and, although members of the Third Class, were an unavoidable political factor in absolutist France. The second chapter contains an analysis of the devastating impact of the Revolution on the legal profession and timid attempts to improve the position of the legal profession with the advent of the Restoration. The third chapter provides an overview of the period from 1830 to 1870, which was characterized by the increasingly serious interference of lawyers in politics in order to fight for the advancement of the profession. The chapter on the Third Republic talks about the successful outcome of the lawyer's fight for their own rights, and the final chapter talks about the tendencies in the French legal profession in the 20th century.","PeriodicalId":349295,"journal":{"name":"USLUGE i vladavina prava","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124772087","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}
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