Pravni Zapisi最新文献

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Sanctioning hate speech on the Internet: In search of the best approach 制裁互联网上的仇恨言论:寻找最佳方法
Pravni Zapisi Pub Date : 2023-01-01 DOI: 10.5937/pravzap1-43118
Petar Antić
{"title":"Sanctioning hate speech on the Internet: In search of the best approach","authors":"Petar Antić","doi":"10.5937/pravzap1-43118","DOIUrl":"https://doi.org/10.5937/pravzap1-43118","url":null,"abstract":"The borderless nature of the Internet, different national approaches to the understanding of what constitutes hate speech, as well as the danger of restrictions on the freedom of speech, make it difficult to develop appropriate mechanisms against this phenomenon. The limitations of international law in providing a universal definition of hate speech, due to the different national approaches to freedom of expression, have thwarted attempts to produce an effective international treaty in order to deal with this issue. Imposing obligations on Internet portals to establish self-regulatory mechanisms for removing hate speech content has raised concerns of non-competent censorship and potential limitations of the freedom of expression. This paper focuses on the challenges encountered in the struggle against hate speech online and possible mechanisms for combating this phenomenon.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71032487","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
Employer 's liability in Serbia for damage caused by work injury: The case of professional athletes 塞尔维亚雇主对工伤损害的责任:以职业运动员为例
Pravni Zapisi Pub Date : 2023-01-01 DOI: 10.5937/pravzap1-43874
M. Petrović
{"title":"Employer 's liability in Serbia for damage caused by work injury: The case of professional athletes","authors":"M. Petrović","doi":"10.5937/pravzap1-43874","DOIUrl":"https://doi.org/10.5937/pravzap1-43874","url":null,"abstract":"The right to safety and health at work is one of the fundamental human rights at work, which is protected by the highest international and national legal instruments. In Serbian law, such a right is protected, firstly, by the Constitution of the Republic of Serbia itself and then, further, through the Labour Law and the Law on Safety and Health, whose norms address this issue more thoroughly. These norms are embodied first and foremost in certain obligations of employers, with the aim of ensuring safety and health at work primarily for their employees. In cases where the employer fails to provide a safe and healthy work environment, or even when an injury happens despite everything in this process being done correctly, the question of the employer's liability for the damage which was caused at work arises. This paper provides an analysis of this issue, with emphasis on the issue of liability for the damage thus caused to the athletes with an employee status.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71032438","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
Who is an online trader from the consumer law perspective?: From Serbia to the EU and back 从消费者法的角度来看,谁是网上交易者?从塞尔维亚到欧盟再回来
Pravni Zapisi Pub Date : 2023-01-01 DOI: 10.5937/pravzap1-43549
Aleksandar Radonjić
{"title":"Who is an online trader from the consumer law perspective?: From Serbia to the EU and back","authors":"Aleksandar Radonjić","doi":"10.5937/pravzap1-43549","DOIUrl":"https://doi.org/10.5937/pravzap1-43549","url":null,"abstract":"The author seeks to answer the following research question: If a natural person is not a registered entrepreneur but does sell goods or services online regularly and for-profit, does that make that person a trader for the purposes of consumer law? The method applied is legal dogmatic. It is a search for the meaning of one of the key notions in consumer law, the trader. The meaning of this notion in Serbian legal literature has been taken for granted, or it has been controversially interpreted by certain consumer protection organizations, and the relevant case law does not exist, making this analysis even more needed. The author concludes that the definition of a trader from Serbian Consumer Protection Act may be interpreted encompassing a natural person who is not an entrepreneur, who sells goods or services online to consumers, depending on the circumstances of the case. The conclusion is based on the analysis of relevant CJEU case law and the case law of some EU Member States.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71032418","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 the rights of persons with disabilities to work: Kazakhstan's experience from the perspective of international law and EU law 残疾人工作权利保护:从国际法和欧盟法的视角看哈萨克斯坦的经验
Pravni Zapisi Pub Date : 2023-01-01 DOI: 10.5937/pravzap1-41081
Asset Adibayev, Mart Susi
{"title":"Protection of the rights of persons with disabilities to work: Kazakhstan's experience from the perspective of international law and EU law","authors":"Asset Adibayev, Mart Susi","doi":"10.5937/pravzap1-41081","DOIUrl":"https://doi.org/10.5937/pravzap1-41081","url":null,"abstract":"In spite of the ratification of Convention on the Rights of Persons with Disabilities, by the majority of States, this human category still faces various challenges. The gap between the declarative nature of the equal rights of the persons with disabilities and the practical implementation of the concept of equality is especially evident in the field of access to employment. Although the majority of countries, including Kazakhstan, have transposed the ideas of equal treatment of the persons with disabilities into national legislation, the situation remains unsatisfactory, and one can ask: why? This is especially relevant in labor area and connected to the insufficient governmental supervision of how legal principles are enforced by private actors in the workplace. Specific national effective enforcement mechanisms and remedies are needed, hand-in-hand with international supervision, to minimize the discrepancy between what the countries have committed to and how they comply with the obligations to safeguard the rights of the persons with disabilities. Kazakhstan needs to complement its commitment to these rights with a national action plan.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71032317","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
How much for a legal intern?: Internships at law offices in Serbia 法律实习生多少钱?:在塞尔维亚的律师事务所实习
Pravni Zapisi Pub Date : 2023-01-01 DOI: 10.5937/pravzap1-40711
Milica Đorđević, Milica Vlajić
{"title":"How much for a legal intern?: Internships at law offices in Serbia","authors":"Milica Đorđević, Milica Vlajić","doi":"10.5937/pravzap1-40711","DOIUrl":"https://doi.org/10.5937/pravzap1-40711","url":null,"abstract":"The aim of this paper is to examine the position of legal interns in Serbia. The first part of the paper provides the theoretical framework for the research, as well as an overview of the normative position of legal interns, whereas the second part presents the methodological framework of the research and analysis of the data collected from 517 respondents. The results of the study confirm the hypothesis that current socio-economic changes have led to the transmission of stratification within the legal profession to the position of legal interns. Additionally, the data provide valuable insights into the experiences and challenges faced by legal interns, which have implications for the review of legal regulations governing their rights and obligations.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71032058","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 investor-state arbitration legitimacy crisis: Could AI be its future savior (or resurrector)? 投资者-国家仲裁合法性危机:人工智能能成为未来的救世主(或复活者)吗?
Pravni Zapisi Pub Date : 2023-01-01 DOI: 10.5937/pravzap1-43940
W. Dar, Boris Praštalo
{"title":"The investor-state arbitration legitimacy crisis: Could AI be its future savior (or resurrector)?","authors":"W. Dar, Boris Praštalo","doi":"10.5937/pravzap1-43940","DOIUrl":"https://doi.org/10.5937/pravzap1-43940","url":null,"abstract":"The world of arbitration has not escaped the all-pervading impact of AI. Stakeholders are not only assessing the current impact of AI on the practice of arbitration but also speculating on its future role. The possibility of AI replacing human arbitrators has also figured in the discussions. This paper focuses on the use of AI in the context of investor-State arbitration, which of late, has been facing fierce backlash for its purported deficiencies. The paper explores whether AI could be used to remedy some of the burning issues in the investor-state dispute settlement system, which have culminated in its \"existential crisis\". The paper assesses the extent to which human arbitrators and other relevant factors have contributed to the crisis, and then examines the suitability of AI to act as an arbitrator. The paper lays a road map for the potential role of AI in ISA and attempts to answer the central question-could AI prove to be a resurrector or a disruptor of the ISA system.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71032039","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
Impunity (or not) for civil disobedience 公民抗命不受惩罚(或不受惩罚)
Pravni Zapisi Pub Date : 2023-01-01 DOI: 10.5937/pravzap1-40771
Sava Vojnović
{"title":"Impunity (or not) for civil disobedience","authors":"Sava Vojnović","doi":"10.5937/pravzap1-40771","DOIUrl":"https://doi.org/10.5937/pravzap1-40771","url":null,"abstract":"Starting from Rawls's concept of civil disobedience, the author argues that it is carried out on justified moral grounds and must be distinguished from all other tortious actions. It is a communicative act that non-violently and publicly points out problems within a system, thereby guaranteeing itself a position of loyalty to the law, not the opposite. The paper first analyzes the concept of civil disobedience, along with the question of its justification, as well as Dworkin's point of view on the interpretation of disputed legal norms by citizens who refuse to obey them. It then examines the purposes of punishment as stated in the theory of sanctions - applied to civil disobedience, along with the potential treatment of civil disobedience by judges. The author believes that in each specific case, according to the judgment of the court, such disobedient individuals could either be given reduced sanctions or be completely exempted from punishment.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71032113","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 status and rights of the child in the same-sex union: European law and practice 同性婚姻中儿童的地位和权利:欧洲法律和实践
Pravni Zapisi Pub Date : 2022-01-01 DOI: 10.5937/pravzap0-37326
R. Vujovic
{"title":"The status and rights of the child in the same-sex union: European law and practice","authors":"R. Vujovic","doi":"10.5937/pravzap0-37326","DOIUrl":"https://doi.org/10.5937/pravzap0-37326","url":null,"abstract":"Parental rights are obviously the most controversial issue in the legal regulation of same-sex unions. This is one of the challenges facing the Republic of Serbia at this moment and which needs to be comprehensively considered in order to meet the announced legal regulation of same-sex unions, and this work is directed towards that goal. The focus of the paper is not the discussion about how the sexual orientation of parents affects the quality of parenting and the well-being of children and whether the sexual identity of parents is an important factor in effective parenting. This work is the result of research on how in the European legal area, in the member states of the Council of Europe and the European Union, which have legally regulated same-sex unions, the principles of equality, the rule of law, and the best interests of the child are reflected on the legal position of children and the enjoyment of rights arising from family life. In addition to the various points of view presented in the legal literature, the paper presents key positions and the latest decisions of the European Court of Human Rights and the European Court of Justice, which have specific implications for the need to harmonize internal regulations and legal practice in the member states, and a critical review of jurisprudence is given of certain foreign courts of the highest rank in cases whose outcomes can significantly influence the change of doctrines in the judicial practice of those countries, but also as an inspiration to other legal systems.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","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":"71031045","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
Less is more?: On the number of judges and judicial efficiency 少即是多?:关于法官人数和司法效率
Pravni Zapisi Pub Date : 2022-01-01 DOI: 10.5937/pravzap0-41043
Bojan Spaić, Mila Đorđević
{"title":"Less is more?: On the number of judges and judicial efficiency","authors":"Bojan Spaić, Mila Đorđević","doi":"10.5937/pravzap0-41043","DOIUrl":"https://doi.org/10.5937/pravzap0-41043","url":null,"abstract":"In this paper, we deal with the relationship between the relative number of judges within a jurisdiction and the efficiency of the judiciary. To determine how the number of judges influences efficiency, we compare data on the judiciary from six countries: Serbia, Croatia, Slovenia, France, Austria and Norway. The analysis is based on data collected within the 2020 Evaluation cycle (2018 data) of CEPEJ and World Justice Report Rule of Law Index for 2018. We conclude that judicial efficiency does not increase with an increase in the number of judges in a jurisdiction.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","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":"71032249","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
Necessity changes the law: A case of incomplete implementation of canon law regarding autocastration 必要性改变法律:教会法关于自残的不完全执行案例
Pravni Zapisi Pub Date : 2022-01-01 DOI: 10.5937/pravzap2201318j
Ivan Jankovič
{"title":"Necessity changes the law: A case of incomplete implementation of canon law regarding autocastration","authors":"Ivan Jankovič","doi":"10.5937/pravzap2201318j","DOIUrl":"https://doi.org/10.5937/pravzap2201318j","url":null,"abstract":"Canon law - in this case: the Rules (CANONES) of the Orthodox church - mandates that a priest who castrates himself must be defrocked (deprived of ecclesiastical status). This provision appears in the oldest source of canon law, the Apostolic canons (4th century CE), to be repeated in the first canon of the First Council of Nicaea as well as in numerous subsequent codices. In the only instance of autocastration by a priest in the modern era in Serbia (in 1861) that we know of, the provision was not fully implemented. Instead, the autocastrated priest was barred from performing religious services and from wearing epitrachelion (stole, worn around neck when performing rites, without which rites have no effect whatsoever). In time, this interdiction was gradually reduced, until it applied only to leading the liturgy (but not to assisting in it). After that, he was allowed to wear the stole and perform all other religious services, such as prayers, weddings, christenings and funerals. The priest in question was also a monk (hieromonk), but his monastic status, rights and obligations were unaffected by his act of autocastration. Moreover, at one point (in 1868) he was appointed the head of his monastery, to act in the Metropolitan's name. The monastery (Jošanica) was undergoing a deep crisis throughout 1860's: its property was in ruins, while individual monks were prosecuted for various crimes, ranging from homosexuality to attempted murder. At various times, the monastery was unable to service its parish because it lacked priests (hieromonks). It was precisely this shortage of priests that persuaded the church authorities (i.e. the Metropolitan as the head of the then Serbian Orthodox Church) not to defrock the autocastrated priest, notwithstanding the canons. As the Metropolitan himself explained, this was done \"out of necessity\", in keeping with the Serbian proverb \"necessity changes the law\".","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","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":"71032745","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
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