Glasnik pravaPub Date : 1900-01-01DOI: 10.46793/gp.1301.107m
Mirjana Mlađenović
{"title":"RAZVOJ I REDEFINISANjE ULOGE MIROVNIH OPERACIJA UN U OČUVANjU MEĐUNARODNOG MIRA I BEZBEDNOSTI","authors":"Mirjana Mlađenović","doi":"10.46793/gp.1301.107m","DOIUrl":"https://doi.org/10.46793/gp.1301.107m","url":null,"abstract":"This paper explains the importance and role of United Nations peacekeeping missions in solving social crises and conflicts. The historical basis of the conflicts themselves, as well as their causes and development in different societies, is analyzed. The role of the collective security system is also defined with reference to the first established system of this kind through the Statute of the League of Nations. Normative-legal frameworks of peace operations and their conceptual concepts and existing types are presented. Types of cooperation between the United Nations and regional organizations during peace operations, primarily cooperation with NATO, as well as their advantages and disadvantages during cooperation are presented. What is highlighted in the paper is the current state of peacekeeping operations and the challenges they face. Modern peacekeeping missions and their legality are presented, as well as the basis for organizing new types of peacekeeping operations and the conditions necessary for their maintenance and further development.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128421506","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}
Glasnik pravaPub Date : 1900-01-01DOI: 10.46793/gp.0902.133s
Milica Sovrlić
{"title":"AKTUELNOST EDIKTA NE QUIS IN SUGGRUNDA U SAVREMENOM SRPSKOM PRAVU","authors":"Milica Sovrlić","doi":"10.46793/gp.0902.133s","DOIUrl":"https://doi.org/10.46793/gp.0902.133s","url":null,"abstract":"In Roman law absence of maintenance of the external parts of objects or the placement of various objects on them was sanctioned. The principle of the objective responsibility was applied and the responsible person was punished with a fine for the created state of danger. Even today when passing through the city we can see the plants on the terraces that are not secured, the facades that threaten to fall off, and the broken billboards, etc. For this reason, the issue of responsibility for endangering the safety of citizens and their property is always a priority. To point out historical aspect of legal responsibility, the author in his work starts from Roman law rules, and then analyzes domestic laws which are the backbone of the topic.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127816350","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}
Glasnik pravaPub Date : 1900-01-01DOI: 10.46793/gp.0902.119p
Vesna Pajević
{"title":"HRANITELjSTVO KAO OBLIK PRIVREMENE PORODIČNOPRAVNE ZAŠTITE DETETA","authors":"Vesna Pajević","doi":"10.46793/gp.0902.119p","DOIUrl":"https://doi.org/10.46793/gp.0902.119p","url":null,"abstract":"The temporary relocation of a child from a primary family and accommodation in another family is regulated by the Foster Care Institute in the Family Law and the Foster Care Regulations, and as a family accommodation service in the Social Welfare Law. The temporary family care enables life in a secure, safe and stimulating family environment and the acquisition of a family life model for all children who need to be separated from the primary family. Fostering provides a dual protection and assistance, primarily and directly to the child, and then to family in order to overcome crisis and to create conditions for returning of the child. The reality is that foster care today lasts for a couple of years. Long-term stay of the child in the foster family leads to the integration of the child into the foster family and the longer the stay, the prospects for return to the biological family are reduced, which is contrary to the aim of foster care. This leads to unwanted consequences in terms of alienating of a child, losing contact with parents, and forgetting his or her background. Due to many factors whose effect and duration cannot fit into the same timeframe, it is not possible to determine the duration of the foster care precisely. However, that impossibility must not lead to the other extreme in form of justifying long-term foster care under the pretext of \"temporary\", or its inaccurate legal definition.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"125 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123512602","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}
Glasnik pravaPub Date : 1900-01-01DOI: 10.46793/gp.0902.043l
S. Lučić
{"title":"ZAŠTITA GEOGRAFSKIH OZNAKA JAKIH ALKOHOLNIH PIĆA","authors":"S. Lučić","doi":"10.46793/gp.0902.043l","DOIUrl":"https://doi.org/10.46793/gp.0902.043l","url":null,"abstract":"The Court of Justice of the European Union (CJEU) published an interesting judgement in Case C-44/17. Following the action initiated in Germany by the Scotch Whisky Association (SWA), the Court of Hamburg had asked the CJEU to interpret EU legislation on GIs spirit drinks (Regulation (EC) No 110/2008), in particular with respect to the depth of \"evocation\". The case opposes the SWA and a distillery located in Germany, which produces and markets whisky under the designation \"Glen Buchenbach\". The product’s label also indicates “German product”. The SWA considers that the use of the term \"Glen\", in connection with whisky, infringes the GI \"Scotch Whisky\" as it is liable to cause consumers to make an inappropriate connection to the GI. “Glen” in fact is widely used in Scotland to refer to “valley” and is an element of the trade mark of Scotch Whisky producers. With respect to the concept of evocation, which is a powerful tool to protect GIs against the exploitation of their reputation and other practices which aim at establishing a connection between the products sold and GIs, the main elements of the judgement are: The “conceptual” proximity between a GI and the contested name can result in an evocation. This has to be evaluated by national courts, taking into account the fact that an average European consumer, who is reasonably well informed and observant and circumspect, when confronted with the name at issue, the image triggered in his mind is that of the product whose indication is protected. This is the first case which puts it beyond doubt that evocation can exist even where the name at issue is not similar phonetically or visually to the GI. The indication of the true origin of the good at issue does not exclude automatically the evocation of a GI. As a result, in the present case, the German court will have to determine whether an average European consumer thinks directly about the GI “Scotch Whisky” when he is confronted with a comparable product bearing the name “Glen” (“Glen Buchenbach” whisky).","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131166721","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}
Glasnik pravaPub Date : 1900-01-01DOI: 10.46793/gp.1301.017r
Živorad Rašević
{"title":"KONKRETIZACIJA USTAVNOG NAČELA SRAZMJERNOSTI OGRANIČAVANjA LjUDSKIH PRAVA","authors":"Živorad Rašević","doi":"10.46793/gp.1301.017r","DOIUrl":"https://doi.org/10.46793/gp.1301.017r","url":null,"abstract":"Тhis paper attempts to contribute to the practical and normative explication of the Art. 20 Para. 3 of the Constitution of the Republic of Serbia. This provision is an important novelty in the Serbian constitutional development, envisaging the principle of the proportionality of the human rights` limitations. Utilising dogmatic approach, the nature, scope and structure of this principle are explained, and lege lata interpreted. Besides, the relevant constitutional case-law is analyzed in order to find out how this principle has been understood and applied. It is concluded that wording of the pertinent constitutional provision is too concise and thus incomprehensible and practically unapplicable. Therefore, this paper recommends more precise lege ferenda. At this moment, a wider interpretation is necessary. Therefore, this paper proposes certain theoretical and practical guidelines for the proper use of this complex analytical judicial instrument.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133456579","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}
Glasnik pravaPub Date : 1900-01-01DOI: 10.46793/gp.1301.073pt
Milica Pavlović Turkalj
{"title":"POJMOVNO ODREĐENjE KAZNENOG POSTUPKA PREMA EVROPSKOJ KONVENCIJI ZA ZAŠTITU LjUDSKIH PRAVA I OSNOVNIH SLOBODA","authors":"Milica Pavlović Turkalj","doi":"10.46793/gp.1301.073pt","DOIUrl":"https://doi.org/10.46793/gp.1301.073pt","url":null,"abstract":"In the paper, the author elaborates on the problem of defining the term of criminal procedure through Articles 6 and 7 of the European Convention on Human Rights and Fundamental Freedom and through Article 4 of Protocol 7 and draws a parallel between the understanding of criminal procedure from the perspective of the ECHR and national law. Also, the author deals with the considirations of the European Court of Human Rights regarding of the concept of “criminal charge”, as the backbone of criminal procedure. In this regard, the author pays significant attention to the Engel criteria (the legal qualification of the offence under the internal law of a given State, the very nature of the offence and the type and the degree of affilaction of the penalty for which a given individual is liable) by means of which it is determined whether a specific case can be considered criminal from the point of view of the European Convention on Human Rights and Fundamental Freedom.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122080499","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}
Glasnik pravaPub Date : 1900-01-01DOI: 10.46793/gp.1301.041z
Dragan Zlatović
{"title":"ZAŠTITA NAZIVA USTANOVE U HRVATSKOM PRAVU","authors":"Dragan Zlatović","doi":"10.46793/gp.1301.041z","DOIUrl":"https://doi.org/10.46793/gp.1301.041z","url":null,"abstract":"The name of the institution is one of its main features by which the institution is primarily identified in the field of its activities and how it differs from other entities. At the same time, given the diversity of activities in which institutions are engaged, regardless of whether it is in principle public service or non-profit activity, institutions also participate in a kind of market competition in which their name is promoted or advertised. Therefore, due attention must be paid to the protection of the name of the institution from unfair actions of other entities, especially in the existence of clear and consistent legal regulations, which will provide holders with quick and effective protection against possible violations of their registered rights.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122634955","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}
Glasnik pravaPub Date : 1900-01-01DOI: 10.46793/gp.1101.17v
Boban Vidojević
{"title":"ARBITRAŽA ZA INDIVIDUALNE RADNE SPOROVE","authors":"Boban Vidojević","doi":"10.46793/gp.1101.17v","DOIUrl":"https://doi.org/10.46793/gp.1101.17v","url":null,"abstract":"The primary aim of this paper is to point out a number of advantages of out-of-court settlement of labor disputes over litigation, and above all arbitration, characterized by a meritorious, swift and compromise settlement of labor disputes. Reconciling the interests of the social partners is a starting point in developing this way of resolving labor disputes. The parties resolve the dispute with the assistance of a neutral subject (arbitrator), an expert in the field of labor law, who meets all the statutory criteria, which contributes, among other things, to the prompt and fair resolution of this type of dispute.Arbitration is considered to be an informal \"civilized method\" that enables social justice to be achieved as it leads to the settlement of disputes for the benefit of both parties. Efficiency, party autonomy, economy, voluntariness, informality and gratuity are just some of the advantages of this method.The paper analyzes the relevant legal sources of the Republic of Serbia, trying to answer why arbitration for individual labor disputes is the most adequate peaceful method of resolving labor disputes, what are its advantages over litigation and the application of pressure methods (strike, lock-out), and what are the disadvantages of comparative solutions.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115100428","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}
Glasnik pravaPub Date : 1900-01-01DOI: 10.46793/gp.0901.67k
Milan Kostić
{"title":"HOST CITY UGOVOR OLIMPIJSKIH IGARA","authors":"Milan Kostić","doi":"10.46793/gp.0901.67k","DOIUrl":"https://doi.org/10.46793/gp.0901.67k","url":null,"abstract":"Sport, as a part of social life, is existing just recently. Sport development, as we know, starts at the end of 19th centuary, but its zenith and beginning are shaped through Olympic spirit. Тhe meaning of the Olympic spirit today represents the rule of fair competition, leaving domains of Machiavellism and old principle that the goal justifies the means. Organizing Olympic games means very complicated and responsible sum of legal affairs, because it includes different contracts and participation of different contract partners. The results themselves are sometimes visible only after a long period of time. The most important contract refered to organizing Olympic games is Host city contract, concluded between International Olympic committee and the city that organize the Olympic games.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116749163","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}