Glasnik Advokatske komore Vojvodine最新文献_第3页

The spatial characteristics of crime against the environment committed in Hungary 匈牙利危害环境犯罪的空间特征

Glasnik Advokatske komore Vojvodine Pub Date : 2022-01-01 DOI: 10.5937/gakv94-41385

Sabolč Maćaš

引用次数: 0

The organizational system of nature protection law enforcement: The role of the nature protection service in nature conservation in Hungary 自然保护执法的组织体系:匈牙利自然保护服务在自然保护中的作用

Glasnik Advokatske komore Vojvodine Pub Date : 2022-01-01 DOI: 10.5937/gakv94-41386

Mikloš Tihanji, Šandor Kovač

{"title":"The organizational system of nature protection law enforcement: The role of the nature protection service in nature conservation in Hungary","authors":"Mikloš Tihanji, Šandor Kovač","doi":"10.5937/gakv94-41386","DOIUrl":"https://doi.org/10.5937/gakv94-41386","url":null,"abstract":"There are several groups of questions that make up the subject of this critical and expert analysis of the problems of the organizational system of law enforcement regarding nature protection - the role of the nature protection service in nature protection in Hungary. Special attention is paid to the reasons for the need for environmental protection and the presentation of key laws and bylaws that regulate the protection of the natural environment in Hungary. In addition, there are questions about the role of the nature protection service as a special organizational law enforcement unit in Hungary, primarily: Organizational systems of the nature protection service and its functions and duties; Means for their functioning; Requirements that must be met by members of the service; The principles of its functioning - first of all, the principles of necessity and proportionality; Measures that the nature protection guard can take - their numerous powers for achieving the desired level of environmental protection, etc. The key result of the analysis of the issue in question is that, although nature protection transcends national borders, this in no way means that states do not have a clear duty to protect exceptional natural goods on their territory. On the contrary, this protection is a societal obligation. The state's obligation of institutional protection manifests in the creation of a legal order and an institutional framework that can provide adequate protection. One of the ways to achieve the desired degree of nature protection, when it comes to Hungary, is introducing special services within the police force that are in charge of law enforcement with a specific system of tasks - rights and obligations.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223828","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

The interpretation of Andrić's doctoral dissertation through the theory of historical institutionalism 历史制度主义理论对安德里奇博士论文的解读

Glasnik Advokatske komore Vojvodine Pub Date : 2022-01-01 DOI: 10.5937/gakv94-33839

Benjamin Nurkić

{"title":"The interpretation of Andrić's doctoral dissertation through the theory of historical institutionalism","authors":"Benjamin Nurkić","doi":"10.5937/gakv94-33839","DOIUrl":"https://doi.org/10.5937/gakv94-33839","url":null,"abstract":"Andrić's doctoral dissertation, titled \"Development of spiritual life in Bosnia under the influence of Turkish rule,\" has so far initiated many discussions, mostly criticism of the methodology used by Andrić in this dissertation, but also many criticisms related to challenging the scientific character of the dissertation itself. In this paper, the author focuses on a completely different segment of Andrić's dissertation, which previous analyses and critiques of Andrić's dissertation have not covered. The problem of corruption in the Ottoman Empire shall be the subject of the analysis, and certainly the problem of corruption in Bosnia as part of the Ottoman Empire. The paper analyses the scientific basis of Andrić's claims in the dissertation on the ubiquity of corruption in the Ottoman Empire, and the possible impact of the corruption of Ottoman institutions on the development of institutions in Bosnia and Herzegovina. The author explains the importance of Andrić's dissertation for a better understanding of the problem of corruption in the functioning of the institutions of Bosnia and Herzegovina with the theory of historical institutionalism.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223027","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

Between democracy and dictatorship: Hybrid regime and rule of law 在民主与独裁之间:混合政体与法治

Glasnik Advokatske komore Vojvodine Pub Date : 2022-01-01 DOI: 10.5937/gakv94-36222

Marica Mišić

引用次数: 0

Responsible water management: International and national legal and strategic frameworks 负责任的水管理:国际和国家法律和战略框架

Glasnik Advokatske komore Vojvodine Pub Date : 2022-01-01 DOI: 10.5937/gakv94-40285

Mirjana Dokmanović

{"title":"Responsible water management: International and national legal and strategic frameworks","authors":"Mirjana Dokmanović","doi":"10.5937/gakv94-40285","DOIUrl":"https://doi.org/10.5937/gakv94-40285","url":null,"abstract":"The subject of this paper is the international legal and political framework of the right to water and relevant regulations in the Republic of Serbia, and the focus is on the state's responsibility for water management in accordance with the realization of the common good. The starting point of the paper is the position that access to water is a human right and that water can be managed only by the state and exclusively in the general interest. The first part of the paper discusses the risks of marketization, privatization and commodification of water for the realization of the right to water and the protection of this vital natural and strategic resource. The second part summarizes the activities of the United Nations related to the recognition of the right to water as a basic human right and the obligations of states in this sense. The third part analyses the normative and strategic framework of the Republic of Serbia in this area from the perspective of the right to water and responsible state management. Deficiencies in terms of the compliance with international human rights standards and the risks that the current regulation can produce for the population, water resources and the state are pointed out. No effective instruments have been envisaged for the protection of water from pollution, nor against commodification and marketization, while the privatization of water and public companies in this area threatens the sovereignty of the state over its natural resources. The goal of the paper is to point out the importance of establishing national regulations that will ensure sovereign and responsible management of water resources and protection of the right to water.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223473","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

The environment and criminal law instruments of protection: The norm and praxis of the Republic of Croatia 环境和刑法保护文书:克罗地亚共和国的规范和做法

Glasnik Advokatske komore Vojvodine Pub Date : 2022-01-01 DOI: 10.5937/gakv94-40707

Igor Vuletić

引用次数: 0

The effectiveness of the domestic claims protection system for employees in the event of employer bankruptcy 雇主破产时对雇员的国内索赔保护制度的有效性

Glasnik Advokatske komore Vojvodine Pub Date : 2022-01-01 DOI: 10.5937/gakv94-33731

Tijana Kovačević

{"title":"The effectiveness of the domestic claims protection system for employees in the event of employer bankruptcy","authors":"Tijana Kovačević","doi":"10.5937/gakv94-33731","DOIUrl":"https://doi.org/10.5937/gakv94-33731","url":null,"abstract":"In this paper, the author analyses the ways in which the claims of employees in bankruptcy proceedings against their employer are protected. The first part of the paper discusses various modalities of protection that are applied alone or in combination with other means, all in order to provide a better protection framework for employees in bankruptcy. The central part of the paper is dedicated to the issue of the effectiveness of the Serbian protection system, which is measured by the number of settled claims of this type for creditors in bankruptcy proceedings, i.e. the number of upheld claims before the Solidarity Fund. In order to achieve the desired goal, it is necessary to place the protection of employees' claims in a broader context, which implies the harmony of the institutes of labour and bankruptcy law. As this is not the case in Serbia, the author points out a number of problems that arise in practice as a result, which were identified through interviews with employees of the Solidarity Fund and an analysis of reports on the work of this institution published since its establishment. At the very end, a comparative review shows that labour law mechanisms for the protection of employees are limited, and that, in that sense, expanding them to employers who have not initiated formal bankruptcy proceedings could be considered (with adequate adjustments). It is a unique theoretical proposal that deserves attention since the paper starts from the hypothesis that the system of protection of employees in terms of unsettled claims would be much more effective if they were more familiar with the work of the Solidarity Fund and if the way in which the Fund's work is organized was different.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223018","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: 1

Non-competes in employment contracts: (Un)justified restrictions on the freedom to work 雇佣合同中的竞业禁止:对工作自由的合理限制

Glasnik Advokatske komore Vojvodine Pub Date : 2022-01-01 DOI: 10.5937/gakv94-36244

Mina Kuzminac

{"title":"Non-competes in employment contracts: (Un)justified restrictions on the freedom to work","authors":"Mina Kuzminac","doi":"10.5937/gakv94-36244","DOIUrl":"https://doi.org/10.5937/gakv94-36244","url":null,"abstract":"The author analyses the normative and practical aspects of non-competes as a labour law institute. The hypothesis presented in the paper is that although non-compete clauses should exist, there is a need to further limit the inclusion of such clauses in employment contracts (especially post-contractual non-competes), so that there would not be an unjustified limitation on the freedom to work. The aim of the paper is to present the advantages and disadvantages of non-competes from the (opposed) perspectives of the employer and employee, and to indicate which provisions in the Serbian legal framework should potentially be revised in order to avoid employers abusing non-competes in practice. The paper contains an analysis of the legal framework in Serbia and a brief overview of solutions from certain European Union member states which could be utilized as guidelines for amending Serbian legislation, as well as an analysis of the results of a survey conducted through a questionnaire which demonstrates that employees are not very familiar with non-competes. Finally, the author conducted interviews with respondents who have or have had non-competes in their employment contract. Based on the interviews, it was concluded that employees agree to the non-competes out of fear of not getting employed, despite believing that there is no justified basis for such a clause.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223378","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: 1

Transboundary issues and cooperation in the domain of environmental protection in the legislations of Croatia, Serbia, Montenegro and Bosnia and Herzegovina 克罗地亚、塞尔维亚、黑山和波斯尼亚-黑塞哥维那立法中环境保护领域的跨界问题和合作

Glasnik Advokatske komore Vojvodine Pub Date : 2022-01-01 DOI: 10.5937/gakv94-38993

D. Todić, J. Todić

{"title":"Transboundary issues and cooperation in the domain of environmental protection in the legislations of Croatia, Serbia, Montenegro and Bosnia and Herzegovina","authors":"D. Todić, J. Todić","doi":"10.5937/gakv94-38993","DOIUrl":"https://doi.org/10.5937/gakv94-38993","url":null,"abstract":"The article discusses the normative framework of cooperation in the domain of environmental protection among four countries in the region of Southeastern Europe. One of the countries is an EU member (Croatia), two others have the status of a candidate country (Serbia, Montenegro), and the fourth one is in the process of receiving the status of a candidate country (Bosnia and Herzegovina). The introduction highlights the importance of transboundary issues in the domain of environmental protection and lays out the methodological remarks. The first part of the article is dedicated to the most significant international agreements of global, (sub)regional, and bilateral character on the basis of which these four countries have an obligation (and the right) to cooperate. In the second part of the article, we provide an overview of the most significant norms of domestic law in the domain of environmental protection (basic laws), which are related to transboundary issues and the obligation of cooperation among countries. The goal of the article is to establish the existence of the obligations of countries to cooperate in the domain of environmental protection. We consider the thesis that the obligation of cooperation among countries in solving transboundary issues is clearly recognized in the relevant international agreements and the character of that obligation should be interpreted in the context of specific rights and obligations of signatory states for each international agreement in its own right. The obligations (and rights) of cooperation are also prescribed in the domestic legislatures of all four countries and the differences could be interpreted on the basis of specific circumstances within each of them.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223463","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

Protection of flora and fauna in international and Hungarian law 在国际法和匈牙利法律中保护动植物

Glasnik Advokatske komore Vojvodine Pub Date : 2022-01-01 DOI: 10.5937/gakv94-40708

V. Vári, Zsigmond Csaba

引用次数: 0