Glasnik prava最新文献

{"title":"KRIMINALITET (I)MIGRANATA – OPŠTE KARAKTERISTIKE I STANjE U SRBIJI","authors":"Snežana Soković","doi":"10.46793/gp.1002.003s","DOIUrl":"https://doi.org/10.46793/gp.1002.003s","url":null,"abstract":"Migration has traditionally been considered in criminology as an external ambient factor of criminality, with the possible correlation being complex and multifaceted. The modern age is characterized by large and significant migrant movements, which makes classical criminological research of migrant criminality extremely topical, and imposes the need to test criminological attitudes in the context of contemporary migration. The paper points to the different criminological categories of migrants, presents contemporary empirical researches and the theoretical framework of (im)migrant criminality, analyzes the importance of public perceptions of (im)migrant criminality in shaping social response measures, especially in the context of possible disagreement on the actual situation and public perception. A special reference to domestic circumstances indicates that the (im)migrant population in Serbia, given its abundance and socio-demographic characteristics, does not have the potential for social disorganization that would result in increased criminality.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"256 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114358195","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":"MESTO ZEMALjA BRIKS-A NA GLOBALNOJ EKONOMSKOJ MAPI SVE","authors":"N. Dugalić","doi":"10.46793/gp.1002.117d","DOIUrl":"https://doi.org/10.46793/gp.1002.117d","url":null,"abstract":"Globalization transforms social relations,fundamentally changes the nature of the state, violates its sovereignty and changes the established international order. The division of the world into the rich and the poor and the aspiration of the most developed countries for domination presents,undoubtedly one of the greatest dangers for humanity and its future. It is natural and necessary that every nation has the desire and aspires to present itself to the other nations in the best light, to introduce the results of its own creativity, to introduce them to the essence of their ideas and aspirations. Nevertheless, the world is confronted with tendencies and practices of harsh imposition of values, ideological indoctrination and all kinds of forms of spiritual violence. Political and economically powerful countries, by spreading and imposing their ideology, their views on the world and the hyperproduction of their cultural creations, suffocate the culture of small and economically underdeveloped countries, impose clichés and myths, create a state of spiritual erosion of one and the dominance of other values. While, on the one hand, different societies are homogenized, on the other hand, the polarization occurs endangering their tradition, culture and spiritual heritage. However, with the appearance of the BRICS group on the global scene, as new protagonists of high growth and development, America has been losing hegemony in most of the fields in international geopolitical relations. The economic power, which derives from the size of their economies, gives them the potential to influence world events. It is therefore very important that BRICS countries mutually work to establish the common principles of cooperation regarding the unique way of dealing with conflicts around the world, as well as creating consultation mechanisms where they can coordinate their attitudes. At the beginning of the new millennium, the BRICS countries played an important role in overcoming the global financial and economic crisis and have made a significant contribution to the recovery of the global economy. The economic policies of sustainable growth and development of the BRICS countries have enabled the creation of new workplaces, poverty reduction and greater social inclusion. Such an economic position of the BRICS countries was possible, considering their great wealth of natural resources. Specifically, national resource policy regimes support a claim on the status of BRICS as resource superpower, as high levels of government control allow these countries to use those resources in order to achieve certain domestic developments and international diplomatic goals. Apparently, resource wealth is a very important component of BRICS countries in international relations.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":" 757","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131978196","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":"TOK POSTUPKA DO DONOŠENjA REŠENjA PO NOVOM ZAKONU O OPŠTEM UPRAVNOM POSTUPKU U REPUBLICI SRBIJI","authors":"Zoran Jovanović","doi":"10.46793/gp.1002.067j","DOIUrl":"https://doi.org/10.46793/gp.1002.067j","url":null,"abstract":"The new Law on general administrative procedure of the Republic of Serbia of 2016 introduced some changes in the procedures that precede the adoption of a decree. This process comprizes all procedural actions which are necessary to be undertaken in order to pass a decision in an administrative proceeding. The author of this paper underlines the most important novelties also giving an overview of the old provisions of the Law: the manner in which the facts are determined in an administrative proceeding, the responsibility of the bodies to acquire facts ex officio, direct decision making, temporary injunctions, investigation procedure, preliminary issue, hearing.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116813623","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":"RELACIJA U ČLANU 181 DUŠANOVOG ZAKONIKA I U SREDNjOVEKOVNIM RUSKIM PRAVNIM SPOMENICIMA","authors":"Z. Čvorović","doi":"10.46793/gp.1002.037c","DOIUrl":"https://doi.org/10.46793/gp.1002.037c","url":null,"abstract":"In the paper, the author analyzes the regulation of Article 181 of the Dushan’s Code on the exclusive right of the ruler to judge in those cases which, due to the factual complexity of a particular case or the existence loophole in the law, were transferred from regular courts to the ruler's court. In the first part of the paper, the author presents the views of some of the most important commentators on the Dushan’s Code, which differ from one another depending on whether they qualify the institution referred to in Article 181 of the Code as a relation or an appeal. These theses, as well as the content of Article 181 of the Dushan’s Code itself, the author illuminates from the perspective of the application of the institution of relation, as well as of related procedural institutions, in the first instance of supplication, in Byzantine law and the practice of the Byzantine ruler's court. Since the ruler appropriates a significant part of the judicial power through the relation, the regulation of Article 181 of the Dushan’s Code is analyzed by comparison with other articles of the Code, which, on the one hand, broaden, and on the other, narrow the possibilities of the ruler’s interference with the regular course of court proceedings. The role that the ruler played in the judiciary under the Dushan’s Code can only be objectively judged when the provisions of the Dushan’s Code of relation and supplication are compared with similar regulations in other Slavic laws. Therefore, the paper compares the relevant regulations of the Dushan’s Code with those of the relation and supplication of Moscow and Lithuanian-Russian law.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131720517","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":"FORMA UGOVORA O POKLONU","authors":"Tijana Baćović","doi":"10.46793/gp.1002.131b","DOIUrl":"https://doi.org/10.46793/gp.1002.131b","url":null,"abstract":"Donation contract is a formal agreement. In order to be valid, donation contract must be completed in regulated form by law. The formalism of donations represents a big departure from the principle of consensus, as a dominant principle of modern agreement law. In the Republic of Srpska, by the proclamation of a law on notaries, for donation contract, the form of a notarized document is envisaged, as an important, constitutive form, whose deficiency makes the contract ineffective. The purpose of the notary form of donation contract is that legal relations are regulated in a way to avoid disputes and to provide guarantees of the highest degree of legal certainty. Given that this form has been prescribed by the legislator for the purpose of protecting the public interest, in the absence of the contract, the contract is inevitably affected by nullity, without the possibility of convalidation. However, when it comes to the donation of moving things, the lack of notarial forms in this case is replaced by the execution of the promised act. In this elaborat, we will use the normative and comparative method, in order to determine the similarities and differences in the regulation of the same issues in different legal systems.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130528238","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":"KARAKTERISTIKE PRAVNIH LEKOVA, POSEBNO U PARNIČNOM POSTUPKU I KROZ POLOŽAJ UMEŠAČA","authors":"Jelena Čanović","doi":"10.46793/gp.1002.091c","DOIUrl":"https://doi.org/10.46793/gp.1002.091c","url":null,"abstract":"In domestic civil procedural law, the legal nature of legal remedies, the reasons for legal security, as well as need for providing judicial protection within a reasonable time have led to rationalization of the legal remedy system through multiple restrictions. The paper highlights these restrictions regarding their number, contestable decisions, deadlines within which they can be declared, the circle of persons authorized to file them, the scope of rebuttal, reasons for filing, etc. The characteristics of legal remedies, as well as the assumptions for their declaration are analyzed in this paper, considering that these characteristics and assumption represent the basis for formulating different criteria according to which numerous classifications of legal remedies have been made, which also have practical and doctrinal importance. While the general characteristics of legal remedies derive from their legal nature, the Civil Procedure Act regulates the specific characteristics of each envisaged legal remedy. The analysis of the characteristics of remedies is deepened by monitoring the procedural position of the intervener in the stages of the procedure initiated with filing of regular and extraordinary remedies. In this context, certain controversial issues have been identified to which theory and practice have not answered, or on which they have not taken a unified position.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132276321","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":"INDIVIDUALIZACIJA KAZNE PREMA FRANCUSKOM KRIVIČNOM ZAKONIKU OD 1810. GODINE","authors":"Milica Marinković","doi":"10.46793/gp.1002.051m","DOIUrl":"https://doi.org/10.46793/gp.1002.051m","url":null,"abstract":"The subject of this paper is the individualization of penalty in the French Penal code of (Code pénal de 1810). It is a Code that brought a very important innovation in comparative legal history – a relative system of penal determination – that will be crucial for further development of system of penal determination. Thereto, the French Penal code of 1810 had the greatest influence in the development of European substantive criminal law, because the whole array of penal codes, from the Prussian to the Serbian Criminal code of 1860, adopted its solutions. The author analyses the multi-decade process of development of the idea and practice of the individualization of criminal punishment in French criminal law, starting from the complete judicial arbitrariness that characterized pre-Revolutionary law to the absolute system of penal determination brought by the Penal code of 1791, and from the absolute system to relative system of penal determination present in the Penal code of 1810. The author shows that the innovation from 1810 actually represents a sui generis synthesis of the various experiences gained over decades of application of previously mentioned forms of penal determination. Special attention is paid to the problem of judicial individualization of penalty between penal minimum and maximum established by the Penal code of 1810. Although the relative system of penal determination enabled the individualization of penalty by reconciling it with the principle of legality, the start of the implementation of the Penal code of 1810 brought up some weak points of this system. In regard to that, the author analyses the statistics of convictions made by French courts in second and third decade of the 19th century. At last, the research of the problem of individualization of penalty in the Penal code of 1810 the author complete by analyzing the Penal code Reform Bills of 1824 and 1832, that introduced the institute of extenuating circumstances as one of the instruments for the individualization of penalty.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134622006","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":"DEMOKRATIJA U ERI POSTSUVERENOSTI","authors":"Dejan Simić","doi":"10.46793/gp.1002.147s","DOIUrl":"https://doi.org/10.46793/gp.1002.147s","url":null,"abstract":"In this paper, the scope and boundaries of democracy in the era of globalization and restructuring of the state-legal order will be explored, in particular the citical review of globalizared democracy and its extension beyond the borders of the nation and the state. Teached by the literary-scientific understanding of the acquired truths and knowledhe, and initiated by the rational and logical observation of contemporary society, is the vision of post- pesusasion and democracy, trying to introduce as much as possible authorial and authentic. The democracy of the national state is impoverished, limited and ineffective, normative, and democracy outside the state and nation, ncomplete, unearlistic, elitist, is not representative and does not repect the special interests of many countries and nations. Globalist imperatives of power and the impressive, vigorus interset of imperialism in politics ruin democracy at a global level, not only in coutries that mumble democratic norms, procurements and practices, but also in coutries that present as a global, unproblematic, model od democracy.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"333 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122843568","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":"LIŠENjE SLOBODE MALOLETNIH MIGRANATA SA I BEZ PRATNjE PREMA STAVOVIMA EVROPSKOG SUDA ZA LjUDSKA PRAVA","authors":"Veljko Turanjanin","doi":"10.46793/gp.1002.017t","DOIUrl":"https://doi.org/10.46793/gp.1002.017t","url":null,"abstract":"The author deals with the one of the most problematic issues of the migrant crisis, namely the deprivation of liberty of a unaccompanied migrant minor in his or her migrant journey. The situation of migrants in the crisis that has hit Europe is not easy in itself, but it is made even more difficult by the fact that children often travel with adult migrants, and the most difficult aspect of this phenomenon is certainly unaccompanied migrant children. The countries most affected by the influx of unaccompanied children are Greece and Malta. Article 5 of the European Convention on Human Rights and Fundamental Freedoms lays down the grounds on which a person may be deprived of his liberty, and in recent years the European Court of Human Rights has elaborated in detail the basis for ordering detention of migrants. The author has paid the greatest attention to the views of this Court when it comes to unaccompanied migrant children analyzing all the judgments rendered by July 2019, and the difficulty of their position is sufficiently illustrated by the fact that the Court found violations of convention rights in all judgments in their deprivation of liberty.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"234 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132730813","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":"DISKVALIFIKACIJA ČLANA UPRAVE PRIVREDNOG DRUŠTVA: NOVA SANKCIJA ZA POVREDU DUŽNOSTI PRIJAVLjIVANjA POSLOVA I RADNjI SA LIČNIM INTERESOM U SRPSKOM PRAVU","authors":"B. Mihajlović","doi":"10.46793/gp.1002.081m","DOIUrl":"https://doi.org/10.46793/gp.1002.081m","url":null,"abstract":"Amendments and supplements of the Serbian Company Law from June 2018 have significantly influenced the duty to report businesses and acts in which exists personal interest, which represents one of the five special duties towards the company, according to the Serbian company law. One of the major novelties in the legal regulation of the duty to report concerns the legal consequences of the breach of this duty, which become more stringent to some of the subjects of this duty. The breach of the duty to report conducted by a director, member of supervisory board, agent, or procurator of the company, according to mentioned amendments of the Serbian Company Law from 2018, has a new form of status liability – disqualification. The subject of this paper is a short analysis of the legal regulation of disqualification of certain subjects of special duties towards the company, in the case of breach of the duty to report businesses and acts in which exists personal interest. Prior to the analysis of the current legal regulation, the author will briefly turn to the remaining consequences of the breach of the duty to report (civil and criminal), as well as to the notion and types of disqualification in the comparative law, aiming to determine the position of disqualification comparing to the remaining legal consequences of the breach of the duty to report, and to some more important comparative solutions.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123993374","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}