Harmonius Journal of Legal and Social Studies in South East Europe最新文献_第2页

Javne nabavke između upravnog i obligacionog prava: sistemsko pozicioniranje 行政法和义务法中的公共采购：系统定位

Harmonius Journal of Legal and Social Studies in South East Europe Pub Date : 2024-02-07 DOI: 10.51204/harmonius_23113a

Živorad Rašević, Danijela Despotović, Snežana Prelević Plavšić

{"title":"Javne nabavke između upravnog i obligacionog prava: sistemsko pozicioniranje","authors":"Živorad Rašević, Danijela Despotović, Snežana Prelević Plavšić","doi":"10.51204/harmonius_23113a","DOIUrl":"https://doi.org/10.51204/harmonius_23113a","url":null,"abstract":"The stances of the legal theory, comparative law and jurisprudence do not concur on the nature of public procurement: The administrative law literature considers public procurement contracts to be administrative contracts, while civil law treats them as traditional civil or commercial contracts. To understand the nature of the relationship between public procurement entities and private companies that provide them with go ods and services, this essay examines the undefined systemic connections of the Serbian Public Procurement Act (PPA) with administrative and obligation law. The research results reveal that the PPA norms, although regulate the public law regime of the unequal relationship between procurement entities and bidders, do not place this relationship in the realm of administrative law because they enable only indirect, limited and exceptional application of the administrative norms. Norms of the PPA do not explicitly refer to obligation law. Still, its application as a lex generalis is inevitable for the comprehensive regulation of the precontractual and contractual relationship between the procurement entities and bidders. These findings suggest the PPA positioning as a special regime of obligation law, which cannot be rigidly classified into public or private law. Therefore, it is proposed to distinguish administrative decision-mak ing on the contract from its execution that is subject to the obligation law, and to restrict the superiority of procurement entity for the sake of fundamental values of civil law.","PeriodicalId":517180,"journal":{"name":"Harmonius Journal of Legal and Social Studies in South East Europe","volume":"19 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139895387","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

Smart algorithms as a prerequisite for the use of artificial intelligence in judicial decision-making 智能算法是在司法决策中使用人工智能的先决条件

Harmonius Journal of Legal and Social Studies in South East Europe Pub Date : 2024-02-07 DOI: 10.51204/harmonius_23104a

Žarko Dimitrijevic

引用次数: 0

Sadržaj međunarodnih i europskih standarda presumpcije nedužnosti s osvrtom na Republiku Hrvatsku 对克罗地亚共和国有影响的关于体弱推定的国际和欧洲标准

Harmonius Journal of Legal and Social Studies in South East Europe Pub Date : 2024-02-07 DOI: 10.51204/harmonius_23106a

Iva Parenta

{"title":"Sadržaj međunarodnih i europskih standarda presumpcije nedužnosti s osvrtom na Republiku Hrvatsku","authors":"Iva Parenta","doi":"10.51204/harmonius_23106a","DOIUrl":"https://doi.org/10.51204/harmonius_23106a","url":null,"abstract":"The presumption of the defendant’s innocence is one of the fundamental principles of modern criminal procedure. It could be argued that there is no person who, regardless of the level of education and profession, has never heard of the maxim of criminal procedure according to which everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. Despite the general „popularization“ of the presumption of innocence, many legal scholars and practitioners would recoil to define its content and legal nature. After the introductory considerations, the paper analyzes the legislative history of the presumption of innocence in former Yugoslavian and Croatian legislation and the understanding of its legal nature. Furthermore, the content of the right to presumption of innocence is examined in international legal sources, primarily the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as in the jurisprudence of the European Court of Human Rights, and subsequently in the European Union law. The latter includes the normative codification of the presumption of innocence, which was implemented at the EU level by the adoption of Directive 2016/343 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings. The presumption of innocence is also analyzed from the viewpoint of the Croatian normative framework and case law. The last part of the paper contains concluding remarks.","PeriodicalId":517180,"journal":{"name":"Harmonius Journal of Legal and Social Studies in South East Europe","volume":"57 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139896059","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

Iran and Saudi Arabia conflicts causes 伊朗和沙特阿拉伯冲突的原因

Harmonius Journal of Legal and Social Studies in South East Europe Pub Date : 2024-02-07 DOI: 10.51204/harmonius_23114a

Farnaz Salimi

{"title":"Iran and Saudi Arabia conflicts causes","authors":"Farnaz Salimi","doi":"10.51204/harmonius_23114a","DOIUrl":"https://doi.org/10.51204/harmonius_23114a","url":null,"abstract":"The Iran and Saudi Arabia as two Regional Powers, due to their Geo-economic and Geopolitical position, are the most important Regional Players in the Persian Gulf and the Middle East, which have long been known as the two main competitors in the Middle East. These two countries according to the benefit from their specific Strategic position in the region, are very vital in the Middle East. Due to the importance of these two countries in the region, relations between Iran and Saudi Arabia have a significant impact on other regional actors. Following the developments of recent years in the region, we have witnessed a serious rivalry between Iran and Saudi Arabia that was becoming more complex day by day, which above all, for the benefits of the Western Powers, especially the United States of America, and increases their influence in the region, and naturally, it is to the detriment of these two countries and other members of the Middle East. In this article, we will examine the most important causes of conflicts between these two states, Saudi Arabia’s approach regarding Iran and the strategy of the Islamic Republic of Iran against the actions of the Saudis and the relations between these two powers in general.","PeriodicalId":517180,"journal":{"name":"Harmonius Journal of Legal and Social Studies in South East Europe","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139895347","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