Glasnik Advokatske komore Vojvodine最新文献

{"title":"Should negatory action against immissions be reformed in the light of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the right to live in a healthy environment?","authors":"Gabrijela Mihelčić, Maša Marochini-Zrinski","doi":"10.5937/gakv94-38979","DOIUrl":"https://doi.org/10.5937/gakv94-38979","url":null,"abstract":"In this paper, the authors rely on the results of scientific research based on which they concluded that although there are notable differences between the Croatian national regulation of immission protection and the one provided by the European Convention for the Protection of Human Rights and Fundamental Freedoms, and taking into account the role of the Convention (the principle of subsidiarity), it is not inconceivable that protecting this right (which all states are obligated to protect) strengthens the position of the authorized national representative for negatory protection (e.g., the possibility of determining the basis relevant for negatory action in a less complex way; removing discrepancies, such as, for example, the requirement that proprietary legal protection of ownership and other proprietary rights against immissions is preceded by protections pursuant to special regulations, etc.). In this light, the authors analyse recent Convention case-law and compare the regulation of negatory action (protection of property from harassment) with the protection of a specific right established by the Convention - the right to live in a healthy environment based on Article 8 of the Conventionthe right to respect for private and family life, home and correspondence. Exhaustively analysing the right to live in a healthy environment, they explain the interpretative methods and principles used by the European Court in detail, continuing their research concerning this issue. The main focus is on exploring the features of previously postulated rights: the requirement that the human rights protected by the Convention are violated by adverse environmental factors (that is, the existence of a specific Convention causal link); the category of a minimum level of severity; oscillation of this \"quantum\" of the minimum level of severity within Convention \"fluctuations\" and the scope (and type) of protection of the right to live in a healthy environment through the paradigm of the positive/negative obligations of the contracting states; naturally, bearing in mind the more recent cases brought before the Court. In conclusion, the authors answer the question postulated in the title of the paper.","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":"71223428","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 use of software for monitoring employees' work performance and the termination of employment","authors":"Darko Božičić","doi":"10.5937/gakv94-35415","DOIUrl":"https://doi.org/10.5937/gakv94-35415","url":null,"abstract":"The widespread use of information technologies has significantly changed how people live and work. Modern production links cannot be imagined without the presence of various IT solutions in the work process. Their main feature is that they speed up and facilitate the work process itself, making it more productive. However, the use of such technology also raises various legal issues. One of them concerns the application of various software solutions for monitoring employees' work. The data obtained by the employer using such software solutions can lead to termination. This paper attempts to point out the key labour law issues in the termination of employment contracts due to the use of various software for monitoring the performance of employees, as well as to offer answers to overcome 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":"71223707","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":"Criminal offenses against the environment: Criminal legislation of Serbia and international legal standards: In compliance or not?","authors":"M. Alimpić","doi":"10.5937/gakv94-41055","DOIUrl":"https://doi.org/10.5937/gakv94-41055","url":null,"abstract":"The issue of criminal offenses against the environment from the aspect of the criminal legislation of the Republic of Serbia and international legal standards - in this paper, their mutual compliance is expertly and critically analyzed through seven groups of questions, introductory considerations, and concluding remarks given at the end of the text. There are four groups of issues that the paper focuses on in terms of topicality and scope of research. These are issues concerning: Ecology and environmental protection in general (its importance, universality, and reasons for the necessity of protection; International legal standards of environmental protection; The legal framework for environmental protection in the Republic of Serbia - its constitutional and criminal law aspect; The analysis of the application of criminal law provisions on environmental protection in the practice of detecting and proving these criminal offenses within the territorial jurisdiction of the Appellate Court in Novi Sad. The professional and critical analysis of the issue in question has yielded three key results. Firstly, the Constitution of the Republic of Serbia recognizes the right to a healthy environment as one of the basic human rights and provides a good legal framework for the detailed regulation of this important issue. Secondly, the criminal legislation of the Republic of Serbia is largely aligned with international legal standards related to environmental crimes and provides an excellent basis for improved environmental protection. Thirdly, as with many other legally regulated spheres of life, the application of regulations in practice lags behind legal regulation. Finally, a multidisciplinary approach is necessary in resolving criminal cases of environmental crime, and specialized teams composed of judges, prosecutors, and police officers should be formed at higher courts and trained to handle such cases more adequately.","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":"71223572","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":"Green criminology","authors":"Máté Sivadó","doi":"10.5937/gakv94-41053","DOIUrl":"https://doi.org/10.5937/gakv94-41053","url":null,"abstract":"As a science, criminology initially studied actions which violated the rules imposed by the criminal code, the perpetrators, and the victims of such acts. During its development, the subject of criminology was later expanded to include illegal acts not prescribed by the criminal code and the \"perpetrators\" of such acts, who, for whatever reason, cannot be held criminally responsible. In the 1980s, under the influence of environmental associations, the question of whether environmental protection could be an area of interest for criminology arose. Initial research into this subject encountered a problem related to the fact that environmental endangerment is most often caused by the actions of states and large companies, which are usually not sanctioned in any way. This worsens the quality of life and, in the worst-case scenario, makes a country unfit for life. As a result of contemplating this topic, green criminology was born, whose most important views I would like to present to you in this paper.","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":"71223533","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":"Criminal law instruments of environmental protection: Norms and practice of Montenegro","authors":"Jelena Đurišić","doi":"10.5937/gakv94-41381","DOIUrl":"https://doi.org/10.5937/gakv94-41381","url":null,"abstract":"Montenegro is constitutionally declared as an ecological country, and it is committed to sustainable development with the preservation of a healthy environment, biodiversity, preservation and improvement of the quality of water, sea, air, soil, space, and other natural resources for generations to come. Today, the field related to the environment and its protection is regulated by a series of sector-specific laws. However, in accordance with the principle that criminal law is the ultima ratio for the protection of certain social values, and with its fragmentary character, protecting the environment through criminal law represents the last line of defense. In this sense, this paper pays special attention to the protection of the environment through criminal law in accordance with the legal solutions in the criminal legislation of Montenegro. Criminal acts that belong to the chapter on criminal offenses against the environment and spatial planning provide protection to the environment, that is, the right to a healthy environment. In this sense, through the provisions of the general and special parts of the Criminal Code of Montenegro, a critical analysis of certain criminal offenses that belong to the chapter on criminal offenses against the environment and spatial planning was conducted. In the paper, other important issues regarding the protection and preservation of the environment were addressed and critically analyzed, as well as the importance of the criminal law instruments of protection in this regard. At the very end, it is noted that although Montenegro harmonized its national criminal legislation in this field to the greatest extent in 2010 with European and international standards and practice, certain problems in the field of practical application still exist, while the expected results are absent.","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":"71223595","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":"Uzajamna administrativna pomoć u poreskim pitanjima","authors":"A. Šumić","doi":"10.5937/gakv94-35216","DOIUrl":"https://doi.org/10.5937/gakv94-35216","url":null,"abstract":"Predmet analize u radu jeste međudržavna administrativna saradnja u poreskim stvarima u cilju brže i efikasnije kooperacije u pogledu razmene dokumentacije, poreskih kontrola, naplate poreskih potraživanja, dostavljanja dokumentacije i unificiranog obima prava poreskih obveznika u državama potpisnicama u smislu Konvencije o uzajamnoj administrativnoj pomoći u poreskim stvarima. U fokusu rada jeste razrada odredbi, standard razmene podataka na zahtev i razmatranje okvira automatske razmene podataka u oblasti poreske međudržavne saradnje, koji je u razvijenijim državama već implementiran u nacionalno poresko zakonodavstvo i u faktičkoj upotrebi.","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":"71223090","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":"Citizens' awareness of the importance of environmental protection and prevention of environmental crime","authors":"Z. Pavlović","doi":"10.5937/gakv94-41382","DOIUrl":"https://doi.org/10.5937/gakv94-41382","url":null,"abstract":"Ensuring the right to live in a healthy environment is not solely the explicit responsibility of the state and public authorities. It is also the individual responsibility of citizens who are holders of this right. Raising awareness about all aspects of environmental protection is the responsibility of each individual It is not just the responsibility of professionals and institutions to provide this right to current and future generations in equal measure. Legislation on environmental protection is harmonized to the greatest extent with international standards and represents a comprehensive system of protection that is constantly being improved upon, especially through instruments of criminal law and special and general prevention of environmental crimes.","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":"71223640","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":"Protection of the environment against noise through misdemeanor law","authors":"M. Martić","doi":"10.5937/gakv94-41383","DOIUrl":"https://doi.org/10.5937/gakv94-41383","url":null,"abstract":"Misdemeanors are often said to represent the gateway to criminal liability. From that point of view, the purpose of punishing someone for a misdemeanor becomes especially important in fields such as environmental protection, bearing in mind the irreversible, sometimes incalculable damage that can occur as a consequence of a criminal offense. By imposing liability for misdemeanors, further illegal activity and possibly more serious damage can be prevented. Environmental protection is regulated through a large number of laws and bylaws, with special emphasis on the implementation of the Law on Environmental Protection as a systemic law in this field. On the other hand, the analysis of the application of sector-specific laws, which regulate specific approaches to environmental protection in more detail, deserves attention precisely because of its specificity and a particular focus on certain forms of violations. Therefore, the focus of this paper is sector-specific protection of the environment against noise and research on how to apply regulations in practice.","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":"71223652","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":"Značaj pravilne primene poreza na dodatu vrednost s aspekta poreskog dužnika za promet iz oblasti građevinarstva","authors":"Tanja Djelkapić","doi":"10.5937/gakv94-35217","DOIUrl":"https://doi.org/10.5937/gakv94-35217","url":null,"abstract":"U današnjem obliku društvenog i ekonomskog uređenja porezi su temelj javnih prihoda u svim državama i dominantan instrument za pokrivanje budžetskih rashoda. Od svih poreza u Republici Srbiji, najveći budžetski davalac je porez na dodatu vrednost. Cilj rada je da se prikaže značaj pravilne primene poreza na dodatu vrednost u strukturi javnih prihoda, odnosno važnost njegovog pravilnog obračuna s aspekta poreskog dužnika, kao i kakve sve posledice proizilaze iz nepravilne primene predmetnog poreza. S tim u vezi, na primeru obveznika PDV - poreskog dužnika, u okviru građevinske delatnosti, biće prikazan pravilan i nepravilan obračun poreza na dodatu vrednost i analizirane posledice po republički budžet i obveznike koji u tom prometu učestvuju.","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":"71223691","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":"Criminal law instruments of the adequacy of environmental protection: The norm and praxis of Republika Srpska","authors":"Milimir Govedarica","doi":"10.5937/gakv94-41428","DOIUrl":"https://doi.org/10.5937/gakv94-41428","url":null,"abstract":"The questions that constitute the subject matter of this article are analyzed through three groups of questions and concluding remarks in which the basic findings reached in the professional-critical analysis of these questions are presented in the form of a summary. The first group of questions deals with general remarks about the environment and its adequate protection, specifically from two aspects (international law aspects and normative-practical aspects in Republika Srpska). The basic conclusion of the analysis of this group of questions is the necessity of ensuring (normative and practical) preconditions for the most adequate protection of the environment possible, and the instruments of criminal law (criminal legislature and its application) are among the crucial ones. The second group of questions is dedicated to the assumptions about the desired degree of adequacy of environmental protection (their notion and types). The basic conclusion of the analysis of this group of questions is that there are numerous assumptions about the desired degree of ensuring the adequacy of state reaction to ecological and other types of crime, whereby those that have the characteristics of criminal law deserve a special status. Bearing in mind precisely this significance of the norms of criminal law as instruments of environmental protection, the third group of questions is dedicated to the analysis (normative and practical) of the preconditions which determine the degree of adequacy of the instruments of criminal law for the protection of the environment. Viewed in isolation, these are the norm of criminal law; the adequacy of the application of the norms of criminal law; the efficiency of the procedure for discovering and demonstrating that ecological crimes were committed (the efficiency of the criminal procedure); efficient forfeiture of assets obtained through criminal activities belonging to this group of crimes. The basic conclusion of the analysis of this class of questions is that despite their diversity, these assumptions must be viewed through their shared properties. Only in cases when they are met simultaneously, both from the normative and from the practical aspect, is it possible to say that they are a function of the desired degree of adequacy of environmental protection, which is not yet the case with Republika Srpska, especially when it comes to their practical aspects.","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":"71223718","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}