{"title":"MINIMALNI NIVO ZAŠTITE PUTNIKA U VAZDUŠNOM SAOBRAĆAJU - REŠENJA EVROPSKE REGULATIVE I DOMAĆEG ZAKONODAVSTVA","authors":"Mirjana Knežević","doi":"10.46793/uvp21.815k","DOIUrl":"https://doi.org/10.46793/uvp21.815k","url":null,"abstract":"This paper analyses the legal mechanisms which guarantee minimum rights to air passengers in case they are denied boarding against their will, their flight is cancelled or delayed. In case of breach of contracts of carriage by air, passenger rights are protected by law as special rights (minimum rights) and comprise the right to information, reimbursement, re-routing, care and indemnification. This study examines the existing regulation from the Law on obligations and the basics of property relations in air transport, which reflects the stipulations of the Montreal Convention (1999) and the Regulation 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 259/91. The Regulation defines minimum passenger rights protection and is part of our positive air transportation legislation. Although this is a significant step towards unifying the legal regulation and creating a common mechanism for protecting air passenger rights, we suggest that it also poses a serious challenge for air carriers: how will they meet all the demands of the modern air transportation market, and fully inform the passengers on their special rights and ways to exercise these in certain situations.","PeriodicalId":349295,"journal":{"name":"USLUGE i vladavina prava","volume":"69 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":"128765280","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":"PRAVO NA TELO KOD NIČEA I FUKOA","authors":"Miroslav Milović","doi":"10.46793/uvp21.913m","DOIUrl":"https://doi.org/10.46793/uvp21.913m","url":null,"abstract":"The article analyzes the critical possibilities of Nietzsche and Foucault's thinking that arise from the concept of the body. If for Nietzsche, philosophy is a poor understanding of the body, for Foucault it is the possibility of rethinking subjectivity itself. From these readings, it will be possible to reflect on the right to the body as a reinvention of life.","PeriodicalId":349295,"journal":{"name":"USLUGE i vladavina prava","volume":"54 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":"123868692","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":"PRINUDNO UPRAVLjANjE STAMBENIM ZGRADAMA U POZITIVNOM PRAVU SRBIJE","authors":"Nina Planojević","doi":"10.46793/uvp21.391p","DOIUrl":"https://doi.org/10.46793/uvp21.391p","url":null,"abstract":"The subject of the author’s considerations are the new provisions of the Law on housing and building maintenance which for the first time introduced the possibility of enforced management of residential buildings. In this paper the author establishes the framework for the application of this institute through presentation, analysis and critical overview of the regulation of the following issues: the reasons for initiating the enforced management, the subjects who are authorized to launch this initiative, the procedure for implementing the enforced management, its duration and the qualifications and authorities of the person who may be appointed on the position of an enforced building manager. In the concluding remarks, the author points to the advantages and weaknesses of the new provisions suggesting the ways in which they can be corrected","PeriodicalId":349295,"journal":{"name":"USLUGE i vladavina prava","volume":"96 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":"121472499","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":"EUTANAZIJA KAO KRAJNJI IZRAZ LIČNOG PRAVA ČOVEKA NA SAMOODREĐENjE","authors":"Aleksandra Pavićević","doi":"10.46793/uvp21.647p","DOIUrl":"https://doi.org/10.46793/uvp21.647p","url":null,"abstract":"The author discusses different segments of the institute of euthanasia (\"murder out of mercy\"), especially the question of the justification of its legalization. The subject of the analysis are the solutions of certain European regulations that have completely or partially decriminalized euthanasia, and then the domestic one, in which there is a collision of the norms of criminal and medical law. According to the positive serbian criminal law, euthanasia is a criminal offense and a privileged form of murder, while the Law on Patients' Rights indirectly allows the so-called passive euthanasia, which is not the optimal solution, which introduces legal uncertainty. Тhe Preliminary Draft of the Civil Code of Serbia, which embodies the proposal for the future civil law of Serbia, proposes the decriminalization of euthanasia, which is a solution that needs to be commented on. The aim of the paper is a comparative analysis of domestic and foreign solutions of this controversial institute - through its concept, types (active and passive euthanasia) and critical analysis of the reasons for and against its introduction into the domestic law. The author evaluates the proposal of the Preliminary Draft as progress, with the idea that euthanasia, despite all the controversies that accompany it, represents the ultimate expression of a personal right to self-determination (subjective civil right sui generis), in both modalities, without distinction.","PeriodicalId":349295,"journal":{"name":"USLUGE i vladavina prava","volume":"24 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":"128702295","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":"OSIGURANjE OD SAJBER ODGOVORNOSTI","authors":"Danijela Glušac","doi":"10.46793/uvp21.299g","DOIUrl":"https://doi.org/10.46793/uvp21.299g","url":null,"abstract":"In the modern world, insurance is of special importance due to its relevance in a positive legal sense, in the light of modern tendencies, the existence of new regulations and sources of law. On the market of one country, the insurance business belongs to the service activities, ie. among those activities whose main feature is the provision of services, where the service is any activity or benefit that one party can offer to the other. Cyber insurance aims to cover the risks that come with modern technologies. The subject of the research also consists in answering to the disputable questions regarding to the concept, type and risks of cyber insurance in order to to put a light on significant segments of this topic as well as solutions in the Republic of Serbia. In the following text, having in mind the complexity of the topic, and the limited scope of work, a review will be made of the main specifics of this type of insurance.","PeriodicalId":349295,"journal":{"name":"USLUGE i vladavina prava","volume":"13 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":"128809730","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":"JAČANjE PRINCIPA NEUTRALNOSTI INTERNETA KROZ PRAKSU SUDA PRAVDE EU","authors":"Sonja Lučić","doi":"10.46793/uvp21.505l","DOIUrl":"https://doi.org/10.46793/uvp21.505l","url":null,"abstract":"In Case C-807/18 the Court of Justice of the EU had the opportunity to interpret Regulation 2015/2120, which contains the principle of Internet Neutrality, for the first time. On this occasion, the Court took position that Internet providers must not favor certain applications and services for providing and using data on the Internet to the detriment of others. The principle of net neutrality existed even before the adoption of Regulation 2015/2120. This Regulation establishes measures concerning open access to the Internet. Namely, the Regulation sets rules aimed at ensuring equality and nondiscriminatory treatement of traffic, as well as protection of the rights of end users. The principle of net neutrality implies that all providers of internet access services will treat all traffic equally without discrimination, restriction or interference and regardless of the sender and recipient, the content accessed or distributed,","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":"128499229","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":"DRŽAVNI CENTAR ZA UPRAVLJANJE I ČUVANJE PODATAKA","authors":"Zoran Jovanović","doi":"10.46793/uvp21.711j","DOIUrl":"https://doi.org/10.46793/uvp21.711j","url":null,"abstract":"Digitization of public services implies the use of a great number of data of different nature which are used by public authorities. The importance of the information that this data carries requires an appropriate way of storing it, but also readiness for quick and efficient use in case of a need. For that purpose, the Republic of Serbia established the State Center for Data Management and Storage. This Center provides unique public data storage services for a large number of state authorities and organizations. Also this Center stores data entrusted by business entities. The importance of the Center is reflected in the strategic determination of the Republic of Serbia to invest in the secondary data storage, one of the largest in the region. Important activity of state data management and storage includes different legal and security aspects of Center and data. In this paper author tries to analyze the legal aspects of the State Center for Data Storage and Management, forms of services that this center provides to other public authorities and business entities. In addition, the analysis will indicate possible positive and negative aspects of data centralization within such a system. Moreover, the author gives recommendations for improving the information security of the center, from the legal aspects.","PeriodicalId":349295,"journal":{"name":"USLUGE i vladavina prava","volume":"25 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":"121358322","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":"POSEBNE (UPRAVNE) ORGANIZACIJE U MILjEU VLADAVINE PRAVA","authors":"Milan Rapajić","doi":"10.46793/uvp21.725r","DOIUrl":"https://doi.org/10.46793/uvp21.725r","url":null,"abstract":"The modern state administration and its bodies and special organizations should act in the field of the rule of law. It is a term that originates from the Anglo-Saxon legal world, but it is also a category and a principle of the Constitution of Serbia from 2006. The paper points out the different understandings of the rule of law and briefly looks at the position of the administration or the phase in its historical course until its subsumption under the principle of legality. In Serbia, state administration bodies consist of ministries, administrative bodies within the ministry and special organizations. Administrative or special organizations are formed by the state in order to perform professional and related administrative tasks. In order to permanently and unhinderedly perform the professional work of these organizations, they can act authoritatively. Special organizations have numerous and diverse administrative powers. The paper points out both the similarities and differences of special organizations in relation to administrative bodies. A review of the activities and organizational structure of all special organizations (secretariats, institutes, directorates and one center) established by the Law on Ministries from 2020 was performed. It was also pointed out that all institutes: the Republic Institute of Statistics, the Republic Hydrometeorological Institute, the Republic Geodetic Institute and the Intellectual Property Institute are special organizations that provide services to interested parties. In one part of the final considerations, the author states that for special organizations (as part of the state administration) it could be concluded that they really operate in the field of rule of law as an order with positive properties as characterized by the Constitution, it is necessary to strictly respect the principles organization of state administration prescribed by the Law on State Administration: independence and legality; expertise, impartiality and political neutrality, effectiveness in exercising the rights of the parties, proportionality and respect for the parties; publicity of work.","PeriodicalId":349295,"journal":{"name":"USLUGE i vladavina prava","volume":"61 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":"124683502","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 I UGOVOR O ALOTMANU","authors":"Vanda Božić","doi":"10.46793/uvp21.321b","DOIUrl":"https://doi.org/10.46793/uvp21.321b","url":null,"abstract":"Tourism has become a mass phenomenon on a global level, it has long ceased to be associated only with summer and winter vacations. During the year, tourists are offered various services and opportunities, new destinations and new types of arrangements. With the progressive development of tourism, more and more attention is paid to the allotment contract (contract on the engagement of catering facilities) which enables the travel agency and the caterer (hotel) to perform tourist activity more efficiently and easily. For tourism service providers, the contract provides a higher and longer-lasting level of business security and stability, thus guaranteeing tourists a safer, better and more accessible service. The paper points out the importance and characteristics of the contract on allotment in tourism, the rights and obligations of the contracting parties and their role and position in tourism.","PeriodicalId":349295,"journal":{"name":"USLUGE i vladavina prava","volume":"9 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":"126345179","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":"THE EUROPEAN UNION INVESTMENT POLICY","authors":"N. Pandurević","doi":"10.46793/uvp21.187p","DOIUrl":"https://doi.org/10.46793/uvp21.187p","url":null,"abstract":"The Lisbon Treaty empowered competence of the EU in the area of FDI. One of the main reasons to have single investment policy by the EU is that the EU has the better negotiation position for the future agreements in the field of FDI. The paper analyzes the impact of the FDI to the EU economy, reasons for introducing the new EU investment policy, scope of the new EU investment competence.","PeriodicalId":349295,"journal":{"name":"USLUGE i vladavina prava","volume":"35 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":"125350011","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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