Начела и вриједности правног система - норма и пракса (Међународни научни скуп, одржан 29. октобра 2011. год. на Палама)

Операционализација основних процесних начела парничне процедуре

Операционализација основних процесних начела парничне процедуре
(Operationalization of Basic Process Principles of Civil Procedure)

Author(s):Gordana Stanković
Language:Serbian
Subject(s):Civil Law
Page Range:1-14
No. of Pages:14
Keywords:Legal proceedings;Basic process principles;
Summary/Abstract:In the paper, the author offers a review of the functional process principles that the new legal procedure of the Republic of Serbia is based upon. It is stated in the paper that the process principles on which legal procedure is based, as a regular, basic and general method of legal protection in the area of civil-legal protection, are concretized in a novel way in the new Law on Legal Proceedings in 2011. They are concretized in accordance to the new legal-political claims that, assessed by the legislator, should be realized while offering legal protection according to the rules of the civil procedure.

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Системске новине у преднацрту Закона о парничном поступку Републике Српске

Системске новине у преднацрту Закона о парничном поступку Републике Српске
(Systemic Innovations in Draft Law on Civil Procedure of Republic of Serbia)

Author(s):Oliver Antić
Language:Serbian
Subject(s):Civil Law
Page Range:15-29
No. of Pages:15
Keywords:Draft Law on Civil Procedure;Republic of Serbia;Legal certainty;Justice;
Summary/Abstract:In the Republic of Serbia, the reform of civil procedural legislation is currently underway. The Commission of Ministry of Justice has been assigned a task of drafting a Civil Procedure Act. The author discusses systemic innovations included in the draft version of the Act. At the drafting of this piece of legislation the Commission took into consideration, among other things, all the relevant recommendations of the European Council and adjudications of the European Court of Human Rights, and incorporated them accordingly. This act aims at eliminating one of the most frequent weaknesses of the contemporary legislation, i.e. serious discrepancy between legal norm on the one hand and its practical application on the other hand. Comprehensive reform of the Civil Procedure Act, starting from legal principle through capacity to sue and be sued, serving document, and expert investigation to extraordinary legal remedies presents an opportunity to bring into line substantive an procedural law and to achieve the primary purpose of the law: legal certainty and justice.

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Утврђивање мишљења детета у паpницама за развод брака у контексту најбољег интереса детета

Утврђивање мишљења детета у паpницама за развод брака у контексту најбољег интереса детета
(Regulating the Views of the Child in the Divorce Litigations in the Context of Securing the Best Interest of the Child)

Author(s):Zoran Ponjavić
Language:Serbian
Subject(s):Civil Law, Family and social welfare
Page Range:30-52
No. of Pages:23
Keywords:Best interest of the child;Child's view;Divorce case;
Summary/Abstract:In this work the author analyzes two important principles of the Convention on the Rights of the Child: the best interest of the child and the child’s right to freely express its views. The relationship between these two principles is best reflected in divorce cases when the court has to pass a decision related to custody and maintaining of personal relations between the child and non-custodial parent. In practice, the problem arises in the situation when it is not clearly defined, that is, given as a legal standard, what represents the best interest of the child and when the expressing of child’s view depends on the assessment whether the child is capable of forming his own opinion. According to the Republic of Serbia Family Law this capacity is acknowledged to the child above the age of 10, while in all other cases it is the court or an administrative organ who decides on the child’s capacity to form his views. In divorce litigation, a child has the right to express his view under certain conditions, but he is not obliged to do so. In this work the author also analyses the position of the child in this proceeding. The child is not considered to be a party in the proceeding, only a privileged informant. In the conclusion, the author underlines the danger of possible manipulation of the child by his parents, since the child’s views can often be used as the evidence in the case in which the parents are in a conflicting situation. Therefore, the court should be allowed in all cases, not only in those involving the children under the age of 10, to assess whether the child’s participation in the proceeding is in his best interest. Not always the autonomy of the child and his rights are synonymous with his best interests.

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Јавнобележничка делатност уз посебан осврт на законодавна решења у Републици Србији

Јавнобележничка делатност уз посебан осврт на законодавна решења у Републици Србији
(Public Notaries' Work With Special Reference to Legal Solutions in Republic of Serbia)

Author(s):Dušica Palačković
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence
Page Range:53-75
No. of Pages:23
Keywords:Public notary;Public notaries' work;Assigned tasks;Dejudicalization;
Summary/Abstract:The subject of the author’s attention in this work is the comparative legal analysis of legislative solutions in the field of work of public notaries in a number of countries in our Region, with the special consideration being placed on the solutions given in the Republic of Serbia Law on Public Notaries. But, first, it was necessary to ensure the understanding of basic principles on which the work of public notaries is based, mostly the functional principles of notaries’ work of Latin type which has been accepted by these countries. In this work the author perceives the concept of public notaries’ activities in its traditional sense, as the performance of public duties under public confidence with relatively narrow scope. It includes the preparation and issuing of public certificates on legal affairs, statements and facts based on law, official certification of private legal documents and, so called, public notaries’ deposit. The author of this work analyzes the regulations in this field and available stands and theories on public notaries’ certification, that is their records, registry and certificates, as well as their verifications (the terms used in Serbian Law on public notaries), and on public notaries’ deposit. Special focus is placed on the differences between Serbian and Croatian regulations in this field and the specific position of public notaries in Croatia which, according to their law, act as the parties’ attorneys. In the part of this work which describes the duties that are assigned to public notaries in the analyzed countries, the author notices that their range and type vary across the national legislations and that there is a constant tendency of increasing the scope of these tasks. The author has shown a particular interest in analyzing the legislation of the Republic of Croatia, as well as some theories which could provide the answer to the question to which extent, that is limits, this process may go.

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Угрожавање права дјетета на здравље (Примјена члана 19 Конвенције о праву дјетета)

Угрожавање права дјетета на здравље (Примјена члана 19 Конвенције о праву дјетета)
(Jeopardizing Child's Right to Health (Application of Article 19 of the Convention on the Rights of the Child))

Author(s):Stanka Stjepanović
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Studies in violence and power, Family and social welfare
Page Range:76-84
No. of Pages:9
Keywords:Child; Health; Feeding; Vulnerability; Violence;
Summary/Abstract:In order to apply in practice the provisions of Article 19 and 24 of Convention of the Rights of the Child, the state must allow parents to provide healthy food and clean water for their children and ban the sale of food products that are harmful to the health of children in its territory. Also, the state must prohibit the sale and use of children's apparel and footwear, which is in its raw material composition and the model, harmful to children's health. It must not be allowed to sell the products for children's nutrition and the use of such packaging that has been proven dangerous to the health of children. Also, it should ban the use of any product deemed by the medical science potentially harmful to public health, especially the health of children. Furthermore, the production of cigarettes, as well as their sales and use should be prohibited, because parents are destroying the physical and mental health of children and thus condemn society to disease. The purpose of the Convention on the Rights of the Child is not that the state assumes the role of referee between parent and child, but first to help parents and enable them to give their children healthy food, clean water and clothing that will facilitate and not impede normal growth and development of the child.

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Белешке о елементима који обликују статус нотара

Белешке о елементима који обликују статус нотара
(Notes on Elements That Form Status of Notary Public)

Author(s):Dragana Knežić-Popović
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence
Page Range:85-105
No. of Pages:21
Keywords:Notary public;Status;Changes;Legal nature;Supervision;Numerus clausus;
Summary/Abstract:Changes which recently affected the public notariat refer to the status of notary public and are of great importance. Some of them are such as to raise the question whether the public notariat will be able to retain its traditional physiognomy. The paper highlights the importance of some of the elements of the status of the notary public (legal nature of the activity, the rule of numerus clausus, supervision), changes in relation to them are conducted and consequences of these changes on the status of the notary public as well as the notary’s profession itself. In some of the elements of the status changes that means natural evolution, in accordance with legal and general social development are observed, while in other elements the status of the notary public is facing essential changes that lead to the specific character of the legal profession as a mixture of public services and freelancers. Radical changes in understanding the legal nature of the public notariat are connected with six Judgments of European Court of Justice dated 24 May 2011, in relation to the six disputes from the field of public notariat, which the European Commission commenced against six member States. In them, the Court of Justice argues that the notary activities, as defined in the law of the respondent States, do not participate in performance of public authorizations in sense of Art. 45, para. 1 EU: therefore, the condition of citizenship that is required for admission to the profession of notaries public in these countries represents discrimination based on nationality, prohibited by Art. 43 of the EU Treaty. Denying that the notary public performs public authorizations means breaking the link between the State and the public notariat, which shall be directly reflected in the public document as a final product of this relationship. In this way the public notariat is put in private-law regime of business together with other private legal and consulting professions. Impacts of the Anglo-Saxon law on these Judgments are recognized so the adapted solutions have legal and political character. The changes are observed with the other form of elements of the status of notary public – numerus clausus, which becomes increasingly numerus controlatus, even with a certain tendency to virtually vanishing. The traditional rule of public notariat is that the notary positions are limited (numerus clausus). The limitation is related to the layout area and the deployment of notary offices in them, which is the solution and in the interests of both clients and a notary public. However, the tendency of gradual liberalization of the profession leads to the abandonment of this rule, which has the effect of politically-volontaristic recruitment of notary public. Supervision as an element of status of notary public indicates, with comparative-law differences, changes which are expected necessary for adjustments and refinements that lead to better performing activities. More structured and comprehensive supervision of notaries public general characteristic of the modern organization still shows a strong link between notary public and the State.

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Осигурање од одговорности и кумулација права на накнаду штете и суму осигурања

Осигурање од одговорности и кумулација права на накнаду штете и суму осигурања
(Liability Insurance and Cumulation of the Right to the Compensation Damage and the Sum Insured)

Author(s):Vladimir Čolović
Language:Serbian
Subject(s):Civil Law
Page Range:106-129
No. of Pages:24
Keywords:Insurer;Insured;Responsibility;Cumulation;Damage;Sum insured;Accident;Physician;
Summary/Abstract:Тhe claim for damages resulting from the obligatory relationship where one party is obliged to repair the damage caused to the other side, and the other party is authorized to require such repair. On the other side, insurance is the obligatory relationship in which the insurer undertakes to the contractor to pay the insured or beneficiary of the insurance, amount from the sum insured, if the adverse event occurs, i.e. the insured event, and the policyholder agrees to pay the insurance premium to the insurer. When we talk about the cumulation of the right to the compensation damage and the sum insured, we must distinguish between property insurance and life insurance. Property insurance prohibits the cumulation, because when the insurer pays for the damage, all the rights of the insured against a third party, which is responsible for damage, move on to the insurer. In life insurance, cumulation is allowed, since the „damage” on the person can not be adequately expressed in monetary equivalent. The paper analyzes the cumulation of this right in respect to liability insurance. When it comes to liability insurance, we are talking about protecting the insured from the damage caused to a third party to cause death, injury to body or health, and damage or destruction of things. There are different types of insurance in the liability insurance. The paper analyzes two types of insurance and their relation to cumulation. These insurances are: the insurance against the consequences of accidents and liability insurance of physicians and other health workers. These types of insurance could be viewed from the standpoint of property and from the standpoint of life insurance, depending on the type of compensation that is paid to the injured party. The fact is that in both types of insurance compensation can vary and in this area cumulation should be allowed, although these types of insurance fall within the scope of property insurance – insurance against the consequences of accidents partly, and the liability insurance of physicians and other health workers in full.

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Ексклузивно право даваоца франшизе да прода производ (робу) примаоцу франшизе

Ексклузивно право даваоца франшизе да прода производ (робу) примаоцу франшизе
(Exclusive Right Franchisor to Sell a Product (Goods) Franchisee)

Author(s):Dragan Vujisić, Siniša Varga, Strahinja Miljković
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Commercial Law
Page Range:130-151
No. of Pages:22
Keywords:Franchise agreement;Franchise;Franchisor;Franchisee;Clause on the unilateral determination of prices;Goods;Delivery contract;
Summary/Abstract:The need of capital for breaking into new markets through the minimum investment can be achieved through franchising as a specific method of contracting business. Franchising as a specific investment contract business method may be commonly described as a method of selling goods and services. In certain forms of business franchising franchisor appears as a supplier of goods. Franchisor has the exclusive right to sell goods to franchisee. Delivery contract is an integral part of franchise agreement. Delivery contract as a sub-contract must always be in conformity with the contract of franchising as the Principal contract. Franchisor as a supplier of goods has the discretion to unilaterally determine the price of goods supplied by franchisee. Discretion of the franchisor to unilaterally determine the price of goods has a legal basis in the clause of the unilateral determination of price. The clause on the unilateral determination of prices with other clauses contained in the agreement forms the specificum of franchise agreements.

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О правним лековима у поступку извршења и обезбеђења

О правним лековима у поступку извршења и обезбеђења
(On Legal Remedies in the Executive and Security Proceedings)

Author(s):Vladimir Boranijašević
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence
Page Range:152-167
No. of Pages:16
Keywords:Executive and security proceedings;Legal remedy;Objection;Complaint;Claimant;Debtor;Enforceable document;
Summary/Abstract:By bringing the Law on Execution and Security in 2011 the work on the reform of the executive judicial procedures in the Republic of Serbia was completed. The legislator regulated legal remedies in a new way in the executive and security proceedings. The basic legal remedy in the executive and security proceedings is objection. The claimant and debtor can claim an objection to the enforcement order brought on the basis of an enforceable document, while the debtor can also claim an objection to the enforcement order brought on the basis of an authentic document. The law regulates in detail the reasons for claiming an objection, as well as the very procedure of the objection. As compared to the previous legal decisions, regulations of the new process law have eliminated certain legal remedies. Complaint no longer acts as a legal remedy which used to be decided upon by a higher court and used to represent a general concept for the series of legal remedies against decisions brought by the court of first instance in the enforcement procedure. Some other legal remedies have also been eliminated from the executive and security proceedings. When it comes to elimination of complaint as a legal remedy in the executive and security proceedings it is necessary to mention that the attitudes of the professional public are different. There are some opinions that the system of legal remedies regulated by the law is inappropriate, that it does not correspond to the concept of essential two-instance decisions, since two instances are not provided in an adequate way and, consequently, questions the right to an effective legal remedy. On the other hand, certain authors consider unacceptable the attitude that abolition of complaint eliminates the right to an effective legal remedy, considering that it is not necessary to guarantee the right to a complaint and that the right to this kind of legal remedy can be realized by prescribing the right to some other remedy that does not have to be decided upon by a higher court.We could conclude that an objection as a legal remedy in the executive and security proceedings is effective from the aspect of economy and efficacy of the procedure, so it corresponds to the objective and purpose of this procedure. However, if we take into account the fact that an objection is decided upon by the court of the same level and this violates the principle of two instances, that division of the jurisprudence is caused, that eventual judge errors are decided upon in the same procedure, I am prone to the opinion that legal regulations in the area of legal remedies should be revised. In this way, by reintroducing complaint, the system of monitoring work of executive judges out of the frames of the court bringing decisions would be enabled, and in this way the interested parties addressing the Constitutional Court of the Republic of Serbia and the European Court for Human Rights in order to protect their rights could be prevented.

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Право детета на слободно време и одмор, рекреацију и културне активности

Право детета на слободно време и одмор, рекреацију и културне активности
(The Child's Right to Leisure and Recreation and Cultural Activities)

Author(s):Olga Jović S.
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Page Range:168-176
No. of Pages:9
Keywords:Child's rights;Free time;Leisure;Recreation;Cultural activities;Human rights;Subjective rights;
Summary/Abstract:Closely connected with the right to education is the child’s right to leisure, recreation and cultural activities. Education is available for the activity that belongs to every human being. Free time is a function that maps disposability in education and involves creating legal relationship between the concepts of leisure and education. Education and leisure as social phenomenon and values contain in mutual connection. Leisure is an activity that can be paid out of any voluntary professional and social obligation, to rest and developed.The importance of the rights of the child’s development is unquestionable, and in order to achieve the child’s biological needs for rest and recreation. Recognition of right to rest, leisure, recreation and cultural activities as a universal law means that it is provided in international legal documents, and signatory states are required to recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and art.

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Pravo potrošača na raskid ugovora u evropskom i domaćem pravu

Pravo potrošača na raskid ugovora u evropskom i domaćem pravu
(The Consumer Right to Rescind the Contract in European and Domestic Law)

Author(s):Zlatan Meškić
Language:Bosnian, Serbian
Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
Page Range:177-199
No. of Pages:23
Keywords:Consumer law;Rescission of conract;Withdrawal from the contract;Directive on consumer's rights;Consumer Protection Act;
Summary/Abstract:The consumer right to rescind the contract is the most important legal instrument which releases the consumer from all obligations arising out of the contract without any explanation. The consumers are thereby given the opportunity to compensate for their deficit in information and experience which exists in comparison to the trader as the other contracting party, by the ex post revision of all information relevant for the contract within the withdrawal period and without any influence by the trader. While, in this way, the consumers are given the opportunity to reconsider and possibly change their mind, for traders and third persons it is a factor of disturbance and insecurity, because until the expiration of the withdrawal period it is unclear whether the contract will remain valid. The consumer’s right to rescission is introduced into the legal system of Bosnia and Herzegovina by harmonization with the EU law and can now be found in the Consumer Protection Act as well as in the Draft and Proposal for a new Obligation Relations Act. The following paper illustrates the basic characteristics of the consumer right to rescission, its current development in EU law, especially in the Directive on consumer rights of 2011, and identifies the existing deficiencies in the regulation of this institute in the legal system of Bosnia and Herzegovina.

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Javni poredak u funkciji priznanja stranih odluka

Javni poredak u funkciji priznanja stranih odluka
(Public Order in Function of Recognition of Foreign Decisions)

Author(s):Biljana Vukoslavčević
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence
Page Range:200-210
No. of Pages:11
Keywords:Public policy;Foreign court decisions;Foreign arbitral awards;Recognition procedure;
Summary/Abstract:Foreign court decisions cannot have an extraterritorial effect by default, nor can they have any effects outside the state of origin, without a certain control. This control, which is usually very limited, is performed by the recognition state in the so-called exequatur procedure. There are certain assumptions prescribed by national laws and international conventions, which need to be checked, and the assumption of public policy takes a very important place among them. This assumption is a protective tool that will enable the court of the recognition state to stop spreading of the foreign decision's effect on the local territory, for the simple reason that this decision violates the basic values of the national system. The interest of the recognition state which is embodied in the protection of the legal system, is opposed to the interest of international cooperation and recognition of the foreign decision which poses a potential threat to the national system.The public policy is an institute used by the state to protect the core values of the domestic legal system. This means that spreading of the effects of neither foreign court decisions nor arbitral awards will be allowed, if they are opposed to the fundamental principles that form the basis of the domestic law. Although the recognition court doesn’t review foreign decisions on their merits, the public policy institute also has its procedural dimension, and it is reflected in the need to protect certain procedural principles to which a special attention is given by the recognition state. It would be absurd to recognize a foreign decision if one of the parties was not allowed to participate in the rendering of the decision.The public policy consists of the fundamental norms of the domestic law, but that does not mean that the public policy is the same as the sum of all imperative rules. On the contrary, the public policy is a narrower category than a set of imperative rules, which is best reflected in the field of international arbitration.

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Право на породични живот и права дјетета у Републици Српској

Право на породични живот и права дјетета у Републици Српској
(The Right to Family Life and Rights of the Child in Republic of Srpska)

Author(s):Dimitrije Ćeranić
Language:Serbian
Subject(s):Constitutional Law, Civil Law
Page Range:211-226
No. of Pages:16
Keywords:Family life;Rights of a child;Family law;Constitution of Bosnia and Herzegovina;Republic of Srpska;
Summary/Abstract:Full and harmonized development of a child’s personality, growing up with his/her family in the atmosphere of happiness, love and understanding is an ideal every society should strive for. For this ideal to be achieved, it is necessary, among other things, to establish a legal system in which the rights of a child and their right to family life will be respected. In this article author discusses the protection of these rights in the legal system of Rel public of Srpska by comparing domestic legislature to international instruments from the same area of law, in particular to the practice of the Court of Human Rights in Strasbourg. The author concludes that the current system of analyzed rights ought to be reformed and harmonized with the provisions of the Convention on the Rights of the Child and the Convention on Human Rights and Fundamental Freedoms. The author also argues that domestic judges should be provided with additional training concerning interpretation and enforcement of certain constitutional and statutory norms regulating these issues.

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Застарјелост потраживања код уговора о промету роба и услуга

Застарјелост потраживања код уговора о промету роба и услуга
(Superannuated Claims in Trade in Goods and Services Contracts)

Author(s):Milica Dragičević
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence
Page Range:227-240
No. of Pages:14
Keywords:Law of Obligations;Superannuated claims;Contract;
Summary/Abstract:In this paper we will discuss some general issues concerning the superannuated claims in trade in goods and services contracts. While writing the thesis we will use positive-legal, historical and comparative method. This topic is particularly up-to-date because the states, with the exception of Serbia and Bosnia and Herzegovina, adopted regulations governing the contractual relations. The analysis in this paper is primarily devoted to solutions of the Law of Obligations, which was common to all the countries in the region, but now still applies only in the Republic of Serbia and Bosnia and Herzegovina. As the reform of the Law of Contracts and Torts is in progress in Bosnia and Herzegovina, we will analyze the solutions of the latest Proposal of the Law of Obligations. The aim of our thesis is to compare the solutions applied in the former Yugoslav republics, referring to superannuated claims in trade in goods and services contracts. We believe that the provision of the Law of Obligations concerning superannuated claims in trade in goods and services contracts should be amended in such a way that it does not apply only when the contracts are concluded between legal entities. While writing the thesis we have taken into account not only the solutions adopted in the legislation and doctrine, but also courts’ practice.

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Признање и извршење страних судских одлука - правила Брисел I регулативе (44/2001)

Признање и извршење страних судских одлука - правила Брисел I регулативе (44/2001)
(Brussels Regulation No. (44/2001) on Recognition and Enforcement on Foreign Judgments)

Author(s):Jelena M. Belović
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
Page Range:241-253
No. of Pages:13
Keywords:Brussels Convention from 1968;Brussels I Regulation; European law;Jurisdiction;Recognition and enforcement;
Summary/Abstract:There has been more than a decade since the adoption of Brussels I Regulation on court jurisdiction, recognition and enforcement of civil and commercial awards in European Union. The Regulation entered into force on 1 of March, 2002, replacing the Brussels Convention from 1968.As the above mentioned Convention, the Regulation is perceived as a unification instrument considering jurisdiction rules created in order to enable “the free flow of judgments between the member states”. The importance of both instruments is reflected in facilitating recognition and enforcement of decisions rendered by EU member states or, formerly by signatory states to the Convention.This article analyses the Brussels I provisions, comparing its differences and similarities with Convention’s provisions. The author endeavored to attract the writer’s attention in following questions: exclusive and particular jurisdiction, jurisdiction in consumer and employment matters, jurisdiction agreements and parallel or related proceedings in another member state.

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Генетски инжењеринг и патентна правила

Генетски инжењеринг и патентна правила
(Genetic Engineering and Patent Rules)

Author(s):Gordana Damjanović
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Sociobiology, Environmental interactions
Page Range:255-268
No. of Pages:15
Keywords:Patent;Biotechnology;Genetic engineering;Therapeutic cloning;Stem cells;
Summary/Abstract:Biotechnology is a complex technology representing a sum of cellular and bi-molecular processes created in order to solve problems in the area of human health, agriculture, food and environment. Modern biotechnology includes the area of genetic engineering and cloning. While the cloning method presents a reproduction without fertilization, applied both to animals and man, used for diagnostic and therapeutic purposes, genetic engineering is a technique that is performed as planned clipping of genes perceived as a bearer of organism characteristics and its transplanting into another organism. The legal framework for protection of above mentioned patent for a biotechnological invention is given by Biotechnology Directive of the EU. The national patent rules are harmonized with the EU Directive. The achievements of biotechnology are the base for understanding, diagnosis and treatment of human diseases, but also a good base for better understanding of medicine. Unfortunately, there are always two sides to a coin. For example Injecting human genes into the pig embryo, in order to achieve the faster growth of the aforementioned animal, created transgenic pigs „freak“, because the human gene caused changes in metabolism in an unexpected way. The abuses of this kind can lead to various risks to human health. Today, patents in biotechnology are the real challenges for patent laws that have to adjust to rapid changes.

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Од неуспешне ка половичној реституцији

Од неуспешне ка половичној реституцији
(From Unsuccessful to Half-way Restitution in Serbia)

Author(s):Jovica Trkulja
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence
Page Range:271-296
No. of Pages:26
Keywords:Legal overcome of the authoritarian past in Serbia;Rule of law;Right to restitution;Denationalization;Law on restitution and compensation;
Summary/Abstract:Restitution is one of the most important steps of democratic government after the overthrow of authoritarian regimes. It is an important precondition for political and moral recovery of Serbian society and a condition for building a modern democratic society. Restitution Law and related laws, which should mark a break with the practice of human rights violations in the past, have long since become a reality in other countries in transition. Serbia has not established consensus on the adoption of the Law on restitution, so that it did not have the law on restitution by 2011. Finally, after two decades of promises and twenty models and drawings, National Assembly adopted a law on restitution and compensation on 26 September 2011 which came into force on 6 October 2011. This is an important long-awaited step in establishing the rule of law in Serbia. The author points to the lack of basic legal system, economic and political conditions for restitution in Serbia, as well as the failure of many of the restitution and compensation. With such a law on restitution in Serbia next year will be part of the partial restitution. The reasons for this are numerous, objective and subjective, and come down to the fact that in Serbia after the democratic changes in 2000 was not part of the discontinuity but continuity with the authoritarian rule of non-legal state and the political elite who have alternated in the last decade did not realize the necessity of overcoming evil authoritarian past and the realization of transitional justice.

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Владавина права и уставност и законитост - нормативно и стварно

Владавина права и уставност и законитост - нормативно и стварно
(The Rule of Law, Constitutionality and Legality - Normative and Real)

Author(s):Mile Dmičić
Language:Serbian
Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Governance, Government/Political systems
Page Range:297-317
No. of Pages:21
Keywords:The state and the entity;Organization of government;Division of authority;Rule of law;Constitutionality and legality;Law and justice;Legal culture;
Summary/Abstract:These legal phenomena in our constitutional system, normative and real, must necessarily become the basis of legal and political system and democratic development of our society. They would, as a basic principle, should be the basis of action of all organs and institutions which their responsibilities and aims must be realized in goals of the legal, constitutional, moral, social and customary norms. In this sense, it is necessary to ensure and guarantee the conditions and mechanisms for their realization.This implies that the overall activity in the society must be carried out under pre-specified rules and values. It is important to carry out faculty establish of the government at all levels, which would be organized according the principle of division, into the legislative, executive and judicial authority.These phenomena are important requirement to protect the foundations that underlie our constitutional and legal system, particularly in the transition process, privatization and total ownership transformation. Our legal system depends on stability, personal and property safety and effective legal protection of it.Respect of the constitution and laws do not mean only formal obligation, but it takes a lot more, especially their integration into secondary legislation of state organs and individuals.This means that the legal system is not its own purpose. The existence of high quality, consistent and coherent legal system, makes social order stable. It affects the citizens to feel safe in achieving their needs, interests and collective and individual rights and freedoms. Realization of the rights and freedoms of the citizens are increasingly becoming a measure of democracy, as a civilization’s heritage of many countries and nations, whose family our peoples belong to.

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Ефикасност законодавног поступка

Ефикасност законодавног поступка
(The Efficacy of Legislative Process)

Author(s):Marijana Pajvančić, Slobodan Orlović, Nataša Rajić
Language:Serbian
Subject(s):Social Sciences, Law, Constitution, Jurisprudence
Page Range:318-329
No. of Pages:12
Keywords:Legislative process;Parliamentary committees;Government;Citizens;Efficacy;
Summary/Abstract:The status of the parliament as a real political decision-making body is relativised in the modern world according to the general context of relations which exist between the political authorities in the parliamentary system. The parliamentary majority, by which is the government formed, is the same majority which adopts the government’s proposals of the bill. Exclusive position of the government as an authorized initiator and the operation of parliamentary committees don’t make the work of the parliament in plenary sessions, in effect, a central stage of the legislative process and the actual basis of decision-making process. Does it increase the efficiency of the legislative process in terms of faster and higher quality of work or does the speed of the procedure lower its quality? There is no doubt that the answer is going in the positive direction, if you look at the organizational and procedural safeguards that stand in the account of parliamentary committees and government, but the deficiencies which exist in this sense do not allow a clear and unambiguous conclusion. This paper also analyzed forms of direct participation of the citizen, as the original holders of sovereignty, in the legislative process and its effects on the efficacy of the procedure.

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Сукоб интереса

Сукоб интереса
(Conflict of Interest)

Author(s):Predrag Dimitrijević
Language:Serbian
Subject(s):Social Sciences, Law, Constitution, Jurisprudence
Page Range:330-342
No. of Pages:13
Keywords:Conflict of interest;Incompatibility of functions;Codex of behavior of state servants and officials;
Summary/Abstract:Conflict of interest (incompatibility) is a complex social phenomenon that can manifest itself in different forms. Conflict of interest presupposes the existence of different interests that are conflicting. Realization of a conflict of interest leads to frustration and a miscarriage of another, opposite interest. Conflict of interest in one position or function means that you benefit because you are on second function or position, and vice versa: that second function gives you benefits for first function. Thus, the interests or benefits of individuals, civil servants or officials are evident due to the fact that such persons are in a position that allows them to benefit from them. Here we have two public interests in conflict. However, the legislator speaks of a conflict of interest only in the context of public and private interests. In this sense realization of private interest can endanger and frustrate realization of public interest. However, different interests can conflict: public and private (financial, family, personal, and strangers, etc.) and two public interests between themselves.There are various categorizations of conflicts of interest. There is real and apparent conflict of interest, in which case there is no real conflict; then a current and future conflict of interest that is threatening or potential conflict, which can develop into an existing, ongoing one. Therefore, in order to prevent a conflict civil servant is obliged, from the moment he is appointed to a post, to disclose all information about his financial position, as well as information on activities and functions of members of his or hers family members. Also, there are categories of direct and indirect conflicts of interest.In state legal systems there are legislation and institutions in the form of so-called, independent bodies (Anti-corruption Agency, etc...), responsible for monitoring, identifying and sanctioning an appearance of potential and actual conflicts of interest. The law regulates their competences and procedure in the treatment of specific legal (administrative) issues, as well as the mechanisms of legal protection against their decisions. In this case, it is final judicial protection against acts of individual agencies, so called, administrative proceedings (judicial review of administrative acts) and even a constitutional dispute. Intention of these court procedures is to protect their independence, which can be seriously endangered by political influence in the legislative and executive powers.

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Динамика реформских процеса као фактор успешности реформи у Републици Македонији

Динамика реформских процеса као фактор успешности реформи у Републици Македонији
(How Reform Dynamics Affect Reform Effectiveness in the Republic of Macedonia)

Author(s):Borče Davitkovski, Dragan Gocevski, Elena Davitkovska
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Public Administration, Public Law
Page Range:343-369
No. of Pages:27
Keywords:Administration;Reform;Law;Civil servans;Administrative procedures;Agency;
Summary/Abstract:It can be noted that Former Yugoslav Republics moving towards equal EU membership are in an unequal starting position, having to stride through various transitioning processes faster than they would have under different circumstances. This is more so emphasized in public administration reforms. Efforts are made in order to harmonize legislation and achieve compatibility with EU standards such as: organization of the administrative system, decentralization, regulating the status of civil servants, formal administrative procedures, and many others. Many factors can be listed that influence the success of administrative reforms: political determination, general consensus for the will to change, government capacity (financial and staff) to implement reforms, thorough strategic planning, adequate legal framework, an objective regulatory impact factor analysis, etc. However, one might inquire, weather 'time' can be considered a factor of its own. Meaning, the time necessary to implement certain reform processes. Off course, time – in the sense of a simple period of time needed to go by – on its own is not, but conjoined with any of the aforementioned factors, results with a very different and relevant conditional for the success of a certain reform (a very logical one in that): each process in order to be completed successfully, requires a certain period of time – 6 months to a year of thorough analysis prior to formulation of a solution to a public/societal problem. A succeeding phase is formulation of an adequate legal framework to the problem, which is most precisely determined by legal and constitutional legislative procedures, accompanied by regulatory impact factor projections, and many others. These are but a few undisputed variables that can not be improvised (if one seeks a proper solution). Hence, we set the question: which would be the most adequate dynamics for administrative reforms (in Macedonia) to allow most successful implementation of administrative reforms?The examination of this issue, in this paper, is conducted through legal analysis of the administrative system in Macedonia since its independence: 1991 to 2011; in three periods: 1991–1999, 2000–2010 and future perspectives 2011–2015. Bearing in mind the limitation of the resources (respectively) a representative sample is selected for the research: Law on organization and operation of administration, Law on Civil Servants, Law on General Administrative Procedure, Law on Administrative Disputes, Law on Institutions of Public Interest. As controlling variables in the research the authors used reports on the implementation of various legal amendments to the aforementioned acts.The primary motive for this research is the intriguing frequency of administrative reforms conducted in Macedonia. The Law on Civil Servants underwent 25 amendments since it's enactment – 2000–2011, the Law on Organization and Operation of Administration had been amended 5 times in the same period, the Law on General Administrative Procedure 4 in the period 2005–2011, the Law on Administrative Disputes 5 amendments 2006–2011 and as the most stable of acts the

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Уставно право човека на здрав живот - најважније право теће генерације -

Уставно право човека на здрав живот - најважније право теће генерације -
(Man's Constitutional Right to a Healthy Life - The most important third-generation right -)

Author(s):Dragan Bataveljić
Language:Serbian
Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Health and medicine and law, Environmental interactions
Page Range:370-385
No. of Pages:16
Keywords:Healthy life;Third-generation rights;Protection of man's health;Environmental legislation;Environment;Environmental awareness;Ecology;Health;World Health Organization;
Summary/Abstract:In this paper the author initially points out that the man's and citizen's freedoms and rights can be divided into three groups, namely: the rights of the first, the second and the third generation, and that this very constitutional right of man to a healthy life is their most important one, belonging to this third group as mentioned. It has been known for a long time that the influence of environment is of crucial importance to health. However, the interest in said influence has begun to increase only following the 70s of the 20th century. On the occasion of the United Nations Conference in Stockholm in 1972, the third-generation rights, in the first instance the right to live in a healthy environment, were mentioned for the first time. Thereafter, a joint initiative for the protection of man's health has been launched in the whole world, as people have finally understood that their initiative would gain much more effect if they cooperate and if ecological problems turn from local problems into global ones. Considering that, European environmental legislation is highly developed in that sense, just like environmental awareness, while the goal and task of other, less developed countries striving to join the European Union is the enhancement and harmonization of national with European legislation.

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Теоријски аргументи "за" и "против" референдума - време преиспитивања

Теоријски аргументи "за" и "против" референдума - време преиспитивања
(Theoretical Arguments "For" and "Against" Referendum - the Time of Reexamination)

Author(s):Vladan Petrov
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Government/Political systems, Electoral systems, Politics and law
Page Range:386-400
No. of Pages:15
Keywords:Referendum;Educational role of referendum;"Moral obstacle" for realization of referendum;Referendum as an instrument of correction of representative democracy;
Summary/Abstract:In the development of theoretical debate about the institutions of semi-direct democracy, three phases can be noticed. The first phase is a period which lasted until the second half of the 20th century. Its main characteristic was a sharp theoretical struggle between the defenders and the opponents of the institution of referendum. Practically, all the arguments “for” and “against” referendum were formulated in that period.In the second period which lasted almost until nowadays, the arguments “for” and “against” referendum are more systematically formulated. Referendum is regulated by a lot of constitutions adopted in that period. There were only few radical opponents of the institution.The third phase is beginning practically at the moment. It should be based on the richer comparative researches, which was not the case before. The existing arguments should be reexamined because it is difficult to believe that some new one will be found. This theoretical reexamination of the arguments “for” and “against” referendum is a good base for new legislation in this area. A good law should be a reflection of a good theoretical approach. It is, however, always more than that.

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Уставне жалбе у бившим југословенским републикама

Уставне жалбе у бившим југословенским републикама
(Constitutional Complaint in the Ex-Yugoslav Republics)

Author(s):Darko Simović
Language:Serbian
Subject(s):Constitutional Law
Page Range:401-418
No. of Pages:18
Keywords:Constitutional complaint;Human rights;Ex-Yugoslav republics;
Summary/Abstract:The importance of the constitutional protection of human rights is undoubted. However, until the last decade of the 20th century, constitutional appeal was introduced in only three European countries: Austria, Germany and Spain. But when a wave of democratization swept through communist countries, followed by new constitutions based on values of liberal democracy, interest in this legal institute increased across the European continent. Among six ex-Yugoslav Republics, only Bosnia and Herzegovina has not yet implemented constitutional appeal. Except for the former Yugoslav Republic of Macedonia, which incorporated an extremely restricted constitutional appeal, the institute of constitutional appeal in the last four countries has many similar features. However, we cannot ignore some specific features of these new institutional models, so we can say that the ex-Yugoslav countries have contributed to the development of this institute.

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Преиспитивање начела јединства власти

Преиспитивање начела јединства власти
(Reconsideration of the Principle of Confusion of Powers)

Author(s):Goran Marković
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Governance, Government/Political systems, Politics and law
Page Range:419-443
No. of Pages:25
Keywords:Principle of confusion of powers;Principle of separation of powers;Convent system;Legislative;Executive;
Summary/Abstract:The principle of confusion of powers in democratic mode is one of possible principles which the organization of state power is based on. Although it is not widely accepted in theory or in practice, it presents an alternative to the principle of separation of powers, which turned into its contrast because it led to predominance of the executive. Therefore it is justified to reconsider the principle of confusion of powers, its advantages and disadvantages, especially considering principles of people's sovereignty and democracy. In order to understand the principle of confusion of powers properly, it is particularly important to analyze relationship between legislative and executive as well as to point out possible obstacles for practical domination of the former. Two main factors could prevent this domination: wide normative authority of executive and participation of influential politicians in its work. Therefore, in the conclusion of this paper factors which facilitate practical realization of this principle are discussed.

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Појам обележја региона као административно-политичких јединица - норма и стварност

Појам обележја региона као административно-политичких јединица - норма и стварност
(The Notion and Features of the Region as an Administrative -Political Unit - Norm and Reality)

Author(s):Bojana Bojanić
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence
Page Range:444-455
No. of Pages:12
Keywords:Norm and reality;Region;Regional state;
Summary/Abstract:One of the main tasks of legal science is to emphasize the normative solutions that will best express and appreciate specific characteristics of the community and therefore contribute to elimination of the gap between the norms and reality.Among the issues are the focuses of interest of citizens and political actors in decentralization of Serbia. The paper is trying to point out the inappropriate approach to regionalization of Serbia, which led to large discrepancies in the line of reality –norm and instead of, solutions, has become a source of new problems.In fact, supporters of this idea present the arguments of the successful implementation of this form of state organization in Spain and Italy, pointing to the similarity in circumstances in these countries at the time of establishing the regional government and today's Serbia. Here is an attempt to point out the differences that we think are more prominent than the similarities.Also, some theoretical understandings of the region as an administrative-political unit, and its rather imprecise definition in some European declarations, equating it with federal units, are a potential source of problems. Therefore, in order to remove these doubts, the most precise definition of a region would be a unit of territorial organization of power that has a considerable degree of autonomy, which is manifested in its right to self-organization, and by its status is under federal units. Their constitutive the act is a statute, and not the constitution.

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Ustavne garancije načela nezavisnosti i samostalnosti sudske vlasti u ustavima bivših jugoslovenskih republika

Ustavne garancije načela nezavisnosti i samostalnosti sudske vlasti u ustavima bivših jugoslovenskih republika
(Constitutional Guarantees of Principle of Judiciary Independence and Autonomy in Constitutions of Former Yugoslav Republics)

Author(s):Danilo Ćupić
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
Page Range:456-471
No. of Pages:16
Keywords:Judical authority;Independence and autonomy of the judicary;Constitution;Constitutional norm;States of the former Yugoslav federation;
Summary/Abstract:Standardization of the legal position of the judicial power is a part of materiae constitutionem and is an integral part of most modern constitutions. In addition to the constitution, this matter is arranged with one or more systems of law which further elaborate constitutional principles. As a basic principle and postulate of functioning of the judicial power, it is bound to impose the principle of autonomy and independence of the judiciary, which essentially determines the position of the judiciary in the constitutional order. All other constitutional principles are, in a sense, complementary and have the task to further strengthen and reinforce this basic principle.Regulation of the principles of autonomy and independence of the judiciary in the new constitutional arrangements of the former Yugoslav republics indicates the intention of the Constitution makers to guarantee these two postulates as fundamental determinants of the organization and functioning of the judicial system. This is especially important taking into account the negative experience of the previous prescription and implementation of this principle and the need to satisfy the criteria set by international organizations, notably the Council of Europe and the European Union. However, the existing constitutional arrangements contain a number of inconsistencies, inadequacies and failures to comply with international standards, which is indicated in the paper, offering some appropriate alternative solutions.

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Начело ефикасности у управном поступку

Начело ефикасности у управном поступку
(Principle of Efficiency in Administrative Procedure)

Author(s):Sanja Golijanin
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Public Law
Page Range:472-481
No. of Pages:10
Keywords:Efficiency;Administrative procedure;Effectiveness;
Summary/Abstract:The author of this paper analyzes the principle of efficiency of decision making in administrative procedure from the aspect of achieving and protecting rights and legal interest of citizens and legal entities within administrative procedure. Respecting the aforementioned principle should enable faster, more successful and qualitative achievement of rights and legal interests of parties and other participants in the procedure. To what extent administrative bodies respect named principle when making decisions in administrative procedure, what needs to be undertaken with the aim of easier and more simplified protection and achievement of rights and legal interests of individuals and legal entities as well as the relation between the principle of efficiency and the principle of effectiveness and the principle of economics represent only a few out of all opened issues that will be considered in this paper.

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Sudovi kao ovlašteni podnosioci zahtjeva za ocjenu ustavnosti. Ustavna pitanja sudova

Sudovi kao ovlašteni podnosioci zahtjeva za ocjenu ustavnosti. Ustavna pitanja sudova
(Courts as Qualified Applicants for Assessment Constitutionality. Constitutional Questions of Courts)

Author(s):Aleksandra Martinović
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
Page Range:483-499
No. of Pages:18
Keywords:Constitutional issues;Constitutional Court of Bosnia and Herzegovina;Constitutional Court of Federation of Bosnia and Herzegovina;Constitutional Court of Republic of Srpska;
Summary/Abstract:The paper deals with one of the constitutional jurisdiction of the courts in Bosnia and Herzegovina, which (with the exception of specific appellate jurisdiction of the Constitutional Court) represents a link between the regular and constitutional judiciary in Bosnia and Herzegovina. Through constitutional norms and regulations and the specific process presented for each Constitutional Court (BiH, FBiH and the Republic of Srpska) respectively, due to certain differences, the paper discusses examples from case law. Institute of constitutional issues is exceptional „tool“ that could facilitate the regular courts, in a uniform and harmonized way, the burden of decision-making in litigation in all situations when they have scruples in relation to any general regulation which should be applied in the particular case.

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Друштвене вредности права, правна начела и техничке вредности правног система

Друштвене вредности права, правна начела и техничке вредности правног система
(Social Values in Law, Legal Principles and Technical Values of Legal System)

Author(s):Dragan M. Mitrović
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence
Page Range:503-528
No. of Pages:26
Keywords:Law;Legal system;Social values of law;Legal principles;Technical values of legal;System of law of European Union;Legal transplant;
Summary/Abstract:Law is a value-based purposeful creation. Not only does it adopt social values, but also itself contains specific values technical in character.Social values thoroughly render meaning and purpose to the overall law. They make possible the determination of goals in legal order and system. Technical legal values provide the inner meaningfulness of a legal system and its availability to be efficiently applied. As a result, it may be concluded that social values, which law often claims to be its own, are also contained in a legal system, though indirectly, as the legal system is a part of the law as a broader system.Legal system itself also contains its own values technical in character. It is essential as the legal system is not only meaningful as an idea, but also because it is an operationally purposeful creation. For this reason, yet another important question may be posed: In what way are social values of law being carried out into a legal system? The most probable or almost the only logically acceptable answer is that it is being done by way of legal principles through which social values are being carried out into a legal system as a separate teleological creation within the legal system.It is important to understand that even the most owe-inspiring and technically the best designed legal systems represent but the mere proclamation except on the condition that their performance is not supported by the necessary economic, cultural, organisational and other favorable social conditions essential for the implementation of law. These conditions determine the choice of social values in law, which are thereafter being carried out into a legal system as a separate legal entity, which also has at it disposal its own technical legal values. And the greater the difference among these conditions, proclaimed in the law and performed in life, the greater the unlawfulness and anarchy in a social community are.

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Pravne vrijednosti kao prinuda na vrlinu

Pravne vrijednosti kao prinuda na vrlinu
(Legal Values as the Enforcement of Virtue)

Author(s):Mirjana Nadaždin-Defterdarević
Language:Bosnian
Subject(s):Social Sciences, Law, Constitution, Jurisprudence
Page Range:529-546
No. of Pages:18
Keywords:Needs;Interests(subjective and objective);Value attitudes (value principles and value judgements);Values;Evaluation;Goals and norms;
Summary/Abstract:Evaluation is present in all the aspects of human life, and so it is in law. There, it is not simply aimed to evaluate phenomena positively or negatively from the viewpoint of value principles. The aim of evaluation in the legal domain is to take stand in preparation for a certain behavior, and that is why, when it comes to law, evaluation is expected and justified. A legal phenomenon „cleansed“ of values and goals would be maimed in its human essence, and the legal science limited to such maimed phenomenon would be a formal and incomplete realization of the real object of legal experience. The value aspect of law, therefore, should be an object of the legal science and an element of law. Of the existing values in a society, the most important ones are those of the ruling social class. They are imposing and dominant because they are adopted by all the other subdued social groups, whether of their free will or by force.Specific legal values – justice, peace, security, lawfulness, are never stand-alone, they rely on specific and generic social values and are used to structure and organize them.Legal values are used to establish a political rule and regulate social relationships, therefore they belong in the realms of political and social ideology, or the thinking used by different social groups to justify maintaining or changing the existing social condition in accordance with their special interests.The life cycle of law is an uninterrupted course ranging from direct and concrete evaluations in everyday life, to abstract norms defined by legislators, and back to concrete experiences and specific forms of their practical realization.

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Pravni sistem-teorija i praksa

Pravni sistem-teorija i praksa
(Legal System - Theory and Practice)

Author(s):Mile Račić
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence
Page Range:547-559
No. of Pages:13
Keywords:Legal system;Legal norm;Positive law;Legal subjects;Legal remedies;Legality;
Summary/Abstract:In the paper, the author has attempted to show the legal system as a set of generally accepted and systematized legal norms. The existence of such a system is marked with heteronomous norms that form the basis of the positive law of each state. The most important sources of the European continental area are: the constitution, laws and regulations. Within the legal system of each state bodies and the judiciary work within the existing legal system and apply its positive law. However, sometimes, certain cases in practice can occur, which deny the functionality of the legal system, due to the emergence of legal violations, threat to human rights and freedom, forfeiture of property, security breaches and the like. The author mentions some of these phenomena that society in general condemns and seeks their elimination.

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Pluralizam kao obeležje sistema prava

Pluralizam kao obeležje sistema prava
(Pluralism as a Characteristic of a System of Law)

Author(s):Sava Aksić
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Sociology of Law
Page Range:560-579
No. of Pages:20
Keywords:Pluralism;Law;State;Society;System;Rule;Internal;International;Imperative;Hierarchy;
Summary/Abstract:Pluralism (lat. pluralis sc. numerus – gram, plural; supr. singular), refers to, as etymological meaning of the word indicates, multidimensionality phenomenon or constituent elements it is made of, versatility or even product of its diversities, forms. Concept of pluralism is being used in many scientific disciplines and in philosophy. In philosophy, pluralism signifies state in which world is still in creation phase, as opposed to monism by which world is already arranged. In political sense pluralism is autonomy of social groups in regard to state, that is, pluralism relates to democracy as a form of political regime. Therefore, pluralism is such arrangement which allows political articulation of diversities. Pluralism in sociological state defines complexity of social power which corresponds to articulation of social structure, apropos of diversity of social trends in the broadest sense, although it signifies and conflicts that mutually exist in modern industrial culture, between special interests of social groups in regard to public interests. Ethical pluralism implies impossibility of one ethical monism in terms of the same moral principles or same basis of these principles, but comparative and independent existence of more moral paradigms.In law it means independent in conceptual and empiric signification, and like that in scientific – doctrinaire sense, conceptual systematic unities which like that can, on the level of normative beings imperative validity be identifiable in completeness, but also signify many constituent parts of one system or many systems of law regardless of the phase of law existence in which those parts appeared. Thus concept of pluralism signifies many different laws, which exists side by side, normative and therefore structures with systematic characteristic in the sense of logical unities of actual commitment with imperative conditioning, with regard that we consider lower concepts of pluralism only laws with undisputed systematical characteristic, as one of unexceptional feature of law. Only state and social law meet that condition, as parts of internal and international law, respectively formal and informal law as parts of state, social, internal and international law.In contrast external law pluralism - with comparative existence or relatively independent normative systems, pluralism which exists in the second case, pluralism of norms inside one system, by all characteristics that make concept of norm content, make internal pluralism. In regard to pluralism as maker of the law, pluralism as the source of the law, pluralism of execution and executor of the law, area of validity etc.Both legal systems, like lower concepts of legal system concept, like their general characteristic needs to have – characteristic of legality of their hierarchies, apropos of that relation between disposition and sanction both have characteristic of legal validity, that each system as a whole is composed of such norms whose sanctions have enforced characteristic (and of course logical sanction like characteristic of norm system in general), and applies to the others. That “legal” is their internal bond which is necessary (like basic characteristic, in order to talk about one phenomenon like plural, in contrast to situation where two or more phenomenons don’t have common basic characteristic by which in general they can be considered the same phenomena of certain content and volume, apropos of phenomenon of the same primary but different secondary characteristics, which would make a certain phenomenon plural).Theorists who gave considerable contribution to study of legal pluralism are Girke, Erlih, Veber, Petražicki and Gurvič.

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Правна сигурност и правни систем

Правна сигурност и правни систем
(Legal Certainty and Legal System)

Author(s):Dragana Ćorić
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence
Page Range:580-593
No. of Pages:14
Keywords:Legal certainty;Legal system;
Summary/Abstract:“The conflict between justice and legal certainty could be resolved in a way that positive law, which provides regulation and power, takes precedence even if it is unjust and has inappropriate contents, unless the contradiction of the legislation in line with justice reaches so intolerable level that law as ‘wrongful law’ must depart from justice.” The Radbruch’s formula has its significance even today, several decades after its creation, and completely fits into the modern aspirations of functioning legal system and the application of law. Balance of justice and certainty is difficult to achieve, especially in modern conditions, when the limits of justice and fairness perceptions shift, and certainty becomes a self-declarative categories.But what is the legal certainty and how it manifests itself, especially in transitional societies and accordingly, the transitional laws? Is it always certain as a value or is the struggle for the establishment of its humanization long and strenuous?

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Pravo i etika - Žene i Jevreji u vatikanskom sistemu pravnih i etičkih vrednosti kroz istoriju u svetlosti teorije definicionizma -

Pravo i etika - Žene i Jevreji u vatikanskom sistemu pravnih i etičkih vrednosti kroz istoriju u svetlosti teorije definicionizma -
(Law and Ethics - Women and Jews in the Vatican's System of Legal Ethical Values Through History in the Light of the Theory of Definitionism -)

Author(s):Vladimir Umeljić
Language:Serbian
Subject(s):Christian Theology and Religion, Gender Studies, Law, Constitution, Jurisprudence, Jewish studies, Ethics / Practical Philosophy, Philosophy of Law
Page Range:594-616
No. of Pages:23
Keywords:Law;Ethics;Vatican;Jews;Genocide;
Summary/Abstract:The author deals with the relationship between the Vatican, through its system of legal and ethical values, to women and Jews. Then the relationship of law and ethics is transferred to the field of modern society, considering the different views of the genocide, some of which are unethical and based on a distinctive conception of genocide in the light of political and ideological needs.

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Остваривање принципа (не)равноправности

Остваривање принципа (не)равноправности
(Realization of (In)Equality Principle)

Author(s):Damjan Danilović
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence
Page Range:617-629
No. of Pages:13
Keywords:Principle of equality in the civil procedures;Labour law;Electoral and equality with banking sector;
Summary/Abstract:Legal systems proclaim different legal principles. In this paper we will try to examine the realization of the principle of equality in practice. This paper is based on an analysis of possibilities of realization of this principle in situations experienced by the author directly, or indirectly, and large number of people is faced with the same situation very often. This paper defines the concept of equality and analyzes the three basic forms of violation (non-realization ) of the principle of equality. The author suggests methods for overcoming this situation. The first form of violation of this principle is a situation where certain categories of persons do not have rights regulated by the laws. In another form of violation of this principle certain persons manage to evade the law through corruption. Our aim is to pay special attention to the third form of violation of the principle of equality. This happens when law makes the equality principle impossible or hardly possible to realize.If we compare the essence of this principle and its realization in practice, we will see the difference. It can be said that, in some situations in practice, the principle of equality remains just an ideal we have to aspire to, without it being realized. All this can be overcome. In some cases we have to apply complex and comprehensive actions, while in some other cases we should make amendments to the current legal acts. Besides, there is a need for democratization of political structures and citizens involvement in the legislative process.

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Кажњавање малолетника у савременом кривичном праву

Кажњавање малолетника у савременом кривичном праву
(Punishing Juveniles in Modern Criminal Law)

Author(s):Dragan Jovašević
Language:Serbian
Subject(s):Criminal Law, Penology, Penal Policy
Page Range:633-661
No. of Pages:29
Keywords:Code;Juvenile;Crime;Penalty;Liability;Prison;
Summary/Abstract:All material (corporeal), processing and executive provisions related to criminal law in Republic of Serbia about juveniles are in the new Law about juvenile committers and criminal law protection of juveniles from 2006. January 1st (LAJCCA), conjoint in one place. That is how the juvenile criminal law has been created. It is characterized by: 1) principally, inquest of the juvenile injurers guilt is excluded, 2) among criminal sanctions towards juvenile injurers the priority belongs to the educable provisions compared to the punishment that presents the exception expressed in juvenile jail implementation. By the way of exception, with the juvenile jail can be punished only the older juvenile if he committed a crime for which the proposed punishment is over five years; if he is sufficiently mentally mature so that he can understand importance of that crime and he can control his acts; and when the consequences of the committed crime are that severe, and the extent of guilt that high that the application of educative provisions wouldn’t be justified, 3) in the criminal proceeding towards juveniles, prosecution and juridical apparatus have wide authority in terms of starting, processing and terminating the proceeding. Those authorities consist of discrete rights to withdraw prosecution regardless of what the committed crime is, if it is considered that it would be useful in terms of education and reeducation of the juvenile delinquent. The principle of utility has the priority over the principle of objectiveness. The court mandates consist of not only a wide scale of optional means and provisions, but of possibility to replace already delivered verdict with some other more convenient provision, if it is required by the specific situation and 4) in juridical system of the Republic of Serbia there are special jurisdictional bodies for struggle against juvenile criminality: special departments for juvenile delinquency in internal affairs agencies, a prosecuting attorney for juveniles and special juvenile council i.e. the juvenile court that supervises the whole criminal proceeding against any juvenile delinquent. The new juvenile criminal law anticipates two basic types of the juvenile criminal sanctions. These are:1) the educational measures and 2) the juvenile prison. They are legally anticipated measures of the social reaction towards the juvenile committers of the crime activities that are sentenced the legally determined organs in aim to protect the society from the criminality trough the education, reeducation and proper development of the juvenile. In this paper the author has analysed application of juvenile prison against juvenile perpetrator of crimes in new juvenile criminal law of Republic of Serbia and comparative law from theoretical, practical and comparative law aspects.

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Правни оквир који уређује истрагу у европским државама

Правни оквир који уређује истрагу у европским државама
(Legal Framework Regulating Investigation in European States)

Author(s):Miodrag N. Simović, Vladimir M. Simović
Language:Serbian
Subject(s):Criminal Law, EU-Legislation
Page Range:662-680
No. of Pages:19
Keywords:Investigation;Crime;Crimilan procedure;Court;Prosecutor;Suspect;Police;
Summary/Abstract:Bosnia and Herzegovina is among several European states which have recently enacted their own new systemic procedural laws, which regulate the criminal procedure in a considerably different manner. According to those procedural laws, the model of a criminal procedure in BiH is a mixed, accusatorial and inquisitorial procedure with some features which make it a special model of mixed type of a criminal procedure. Constructively speaking, an ordinary criminal procedure in BiH is consisted of two separate stages: preliminary proceedings (investigation and accusatorial proceedings) and main proceedings.If, for example, a comparison is made with investigation conducted in Spain or England, one may notice big differences which could be described as inquisitorial model still prevailing in Spain (where judicial investigation is still the focus of the proceedings), and as a system of common law which still exists in England (where the focus is placed on public judicial hearing). It should also be noted that the very goal of preliminary proceedings is considerably different. The preliminary proceedings in England are aimed at preparation of main trial, while, for instance, in Spain and Belgium, it is aimed at creating the foundation for final judgment. In that context, a presentation of the systems of investigation in Italy, Germany, Austria and France is offered, in which case the focus is placed on the most relevant issues regarding the investigation in the criminal legislation of BiH. The system existing in Austria and Germany is particularly relevant because the mentioned countries have entrusted the investigation functions to the flexible cooperation of the police and prosecutorial authorities, in which case a considerable attention is paid to the victims’ rights. In the author’s view, the key matter for the criminal justice system is to demonstrate the ability and determination to conduct investigation in any case in which there is a suspicion that a criminal offence has been committed and to perform its tasks in the professional, trustworthy and consistent manner. On the other hand, the investigation must be organized so as to reflect the necessity of securing effectively the rights of the suspect. The court must exercise the function of striking a balance between the opposing interests and rights.

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Васпитне мере појачаног надзора у српском законодавству и пракси

Васпитне мере појачаног надзора у српском законодавству и пракси
(Educational Measures of Increased Supervision in Serbian Legislation and Practices)

Author(s):Vladimir V. Veković
Language:Serbian
Subject(s):Criminal Law
Page Range:681-698
No. of Pages:18
Keywords:Juveniles;Criminal snactions against juveniles;Educational measures of icreased supervision;The Law of Criminal Juvenile Offenders and Criminal Protection of Juveniles;
Summary/Abstract:Educational measures of increased supervision, which traditionally have an essential place in the system of criminal sanctions against criminal juvenile offenders in the Republic of Serbia, in 2006 by the autonomous juvenile criminal legislation, have been significantly modified, and their register extended. Making a concept of contents for these educational measures, beside the positive experience in applying the established solutions, the legislator also had in mind the contemporary tendencies in the juvenile criminal law science and comparative law practice as well as the standards established in the sequence of relevant universal and regional documents in this field.The application of the autonomous juvenile criminal legislation for almost six years in the Republic of Serbia indicates that great possibilities of these educational measures in prevention and suppression of juvenile crime have not been entirely realized. In vast majority of cases courts have been adjudicating the enforcement of the measure of increased supervision by parents, adoptive parent or guardian and measure of increased supervision by guardianship authority. On the other hand, the measure of increased supervision in another family has hardly ever been adjudicated, since there are no lists of specialized foster families where this measure could be enforced and there are no criteria established for the family selection. Hence there are no conditions for the enforcement, the measure of increased supervision with daily attendance in relevant juvenile rehabilitation and educational institution has been adjudicated sporadically. Since the courts imposes measures which can be applied in practice, it is obvious that the educational measure of increased supervision selection in our country has been determined, above all, by financial, personnel and organizational limitations, and not by actual requirements for prevention and suppression of juvenile crime. For that reason, creating adequate conditions for enforcement of measures of increased supervision, which has been on the margins up to now, imposes as an imperative.

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Osnovi koji isključuju postojanje krivičnog djela

Osnovi koji isključuju postojanje krivičnog djela
(Basis of Exclusion of Existence of Criminal Act)

Author(s):Branko Vučković, Vesna Vučković
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, Criminal Law
Page Range:699-712
No. of Pages:14
Keywords:Criminal act;Illicit;Force and threat;Material error and mistake of law;Irresponsibility;Self-defense;Final necessity;
Summary/Abstract:Determining the general issue of criminal act has multiple legal and criminal-political significance. Criminal act is central question of criminal law and of entire criminal system in general. It is the basis and condition for application of penalty. A criminal act is an act that is determined as a criminal act by law and which is unlawful and committed. What conduct is considered illegal, is impossible to define just by incriminations in penal legislation and mandatory provisions. Hence, we also have to bear in mind other norms which exclude basis of the illegal and are taking away the character of criminal act.Bases of exclusion of criminal act are important for determining precisely reasons that lead to exclusion of the illegal, in other words to differentiate them from the illegal and punishable acts which deserve to be reacted upon by criminal law.There are general and special bases of exclusion of criminal act existence, and there are also those that are not prescribed in penal code, but their acceptance depends on evaluation of their justification in case law of acts executed in function, military or official order, self-inflicted wounding, with the consent of offended, deprivation of life because of compassion, medical intervention.

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Признање кривице оптуженог - пут ка блажем кажњавању у поступцима пред МКТЈ

Признање кривице оптуженог - пут ка блажем кажњавању у поступцима пред МКТЈ
(Guilty Plea - Way to a Less Severe Punishment in the Proceedings by the ICTY)

Author(s):Zdravko Grujić, Dragan Blagić
Language:Serbian
Subject(s):Criminal Law, International Law
Page Range:713-725
No. of Pages:13
Keywords:Guilty plea;Mitigating circumstances;ICTY;Punishment;
Summary/Abstract:International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1999. (International Criminal Tribunal for the Former Yugoslavia, ICTY, the Tribunal) was established on 25 May 1993. by Resolution no. 827 United Nations Security Council. The tribunal has indicted 161 persons, ending the proceedings against 121 of them.Based on the analysis of judgments of the International Criminal Tribunal for the Former Yugoslavia, issued after the guilty plea of the accused, we concluded that the accused who pleaded guilty were less severely punished compared with the accused against whom regular course of criminal proceedings was conducted. Guilty plea is accepted as a mitigating circumstance, and often appeared with two other circumstances: the accused's cooperation with the Prosecutor and remorse of the perpetrator.The fact is that the voluntary plea of guilt of the accused to the Tribunal saves time, effort and costs of a lengthy investigation and trial, but it remains questionable how such a punishment contributes to the satisfaction of the victims or their family’s, and how lenient sentence of the accused may contribute to victims’ satisfaction, or the process of reconciliation in the region.Finally, looking at the entire practices of the International Criminal Tribunal for the Former Yugoslavia and ways of proceedings the individual cases, we can conclude the following: the accused can plead guilty and expect a more lenient sentence or take his/her chances and after conclusion the regular criminal procedure be more strictly punished. Or maybe we will convince the Tribunal to the contrary?

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Једнакост у правима и слободамам

Једнакост у правима и слободамам
(Equality in Rights and Freedoms)

Author(s):Rodoljub Etinski
Language:Serbian
Subject(s):Human Rights and Humanitarian Law
Page Range:729-750
No. of Pages:22
Keywords:Human rights;Equality;Diversity;
Summary/Abstract:The fundamental principle by which the new age begins is that human beings are born equal in human rights and freedoms. The process of universal recognition and protection of human rights started after the Second World War and opened a perspective of equalization of human beings in their rights around the world. The equalization of human beings in human rights does not mean absolute uniformity of human rights. Universal and regional human right treaties leave certain space for adjustment of international standards to local cultural expectations. In spite of the fact that the issue of adjustment of international standards to local cultures is not without certain difficulties, it does not undermine the existence of universal standards of human rights. Overcoming global ideological division of the world in nineties contributes to certain equalization of civil and political rights, on the one hand, and economic, social and cultural rights, on the other hand, in respect to their national, regional and global protection and realization. The first legitimate purpose of national and international organization is protection and advancement of human rights. The main reason of the right to self-determination, proclaimed by the two covenants on human rights, is a protection of freedom of each society to search for the best ways for protection of human rights. On the other hand, everybody is empowered to social and international order that will secure full enjoyment of all human rights for all without discrimination on whatever ground – the principle proclaimed by the Universal Declaration of Human Rights and reconfirmed several times since 1948. In spite of this legal framework, due to various reasons, states and regions are not equal in their achievements in respect to protection and realization of human rights. They differ by their real capacities to satisfy human rights, especially economic, social and cultural rights as well as by their views regarding the best ways of realization of these rights. It may be concluded that it has been achieved a remarkable progress in equalization of human beings in declared human rights or global equalization of human rights at normative level. However, a progress in equalization of human beings in real enjoyment of human rights is much smaller. It is one of the biggest problems of the international community at the beginning of the third millennium.

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Секундарни извори права Европске уније

Секундарни извори права Европске уније
(Secondary Sources of European Union Law)

Author(s):Zoran Radivojević
Language:Serbian
Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
Page Range:751-773
No. of Pages:23
Keywords:Primary sourxes;Secondary sources;Legal documents;Regulation;Directive;Decision;Acts without legal character;Delegated acts;Acts of Implementation;European Council acts;Unnamed acts;
Summary/Abstract:Particular sources of European Union law are legal acts adopted by its institutions. Since being adopted under the authority derived from the founding treaties, they are called secondary sources of EU law and the provisions contained in these are called secondary law. Legal acts of the Union may be legal acts or acts that do not have a legal character. Both types of documents bear the names of regulations, directives or decisions. When it comes to acts without legal character, as a special type appear delegated and implementing acts adopted by the European Council. The exception is the field of common foreign policy and security policy, in which the bodies of the Union adopted general guidelines and strategic directions as binding documents that have political significance and programmatic decisions which are in function of their operationalization. Through their activities EU institutions brought some documents which have legal effect for the subjects of EU law and are a source of law even though not expressly provided for in the Treaties. For lack of a better name they are called unnamed acts or acts of sui generis body of the European Union.

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Контрола државне границе и европске интеграције

Контрола државне границе и европске интеграције
(Control of State Borders and European Integration)

Author(s):Sreten M. Jugović
Language:Serbian
Subject(s):EU-Accession / EU-DEvelopment, EU-Legislation
Page Range:774-792
No. of Pages:19
Keywords:State border;External borders;Internal borders;Border police;Border control;Integrated border management;
Summary/Abstract:In spite of numerous changes of the contemporary concept of security, state border control still has a primacy, especially regarding the EU external borders. The European Union legal regime on external borders has been established according to the principles of Schengen agreements and, the more significantly, according to national legislation of EU Member States, as well as candidate countries and other neighboring countries. Although Schengen agreements represent an integral part of EU law, EU membership does not, at the same time, mean Schengen membership, the latter usually following after a certain number of conditions have been met. A new concept of state border control includes new legal terms or makes some changes in former legal terms and categories. In this paper, the author is trying to identify some of the legal terms important to state border control and already incorporated in the legal system of the Republic of Serbia. Since the Republic of Serbia is currently in process of accession to EU and as the external borders of EU and Serbia are partly common, border control regime of the Republic of Serbia has to meet strict conditions concerning its external borders. On the other hand, the external borders regime has to be somewhat flexible, i.e. harmonized with the internal borders regime, which will be realized with EU membership.

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Primjena općih načela prava u praksi Evropskog suda pravde

Primjena općih načela prava u praksi Evropskog suda pravde
(General Principles of Law in the Practice of the Court of Justice of EU)

Author(s):Tunjica Petrašević
Language:Serbian
Subject(s):EU-Legislation
Page Range:793-807
No. of Pages:15
Keywords:European Union;Court of Justice of EU;General principles of law;
Summary/Abstract:It is not possible that any legal system gives a solution for every situation that can arise in practice. The judges are, therefore, sometimes obliged to create legal rule to decide issue before them. Ancient principle of Roman law – non liquet is abandoned today and judge has no possibility to decline his jurisdiction because there is no clear legal provision. General principles of law are unwritten sources of law and they are used in cases where the legislation does not settle the issue. English courts use the doctrine of stare decides to justify its role of a rule-maker while the ECJ for the same purpose uses general principles of law. The ECJ has developed a doctrine that rules of EU law can be derived not only from the treaties and legislation but also from the general principles of law. General principles of law are part of EU primary legislation. In founding the general principles of EU Law, the ECJ draw up inspiration from constitutional traditions common to Member States and international treaties on which the Member are signatories (e.g. The European Convention on Human Rights). The aim of this paper is to provide an overview of general principles of law in case law of the ECJ.

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Третман грађевинских објеката и земљишта у систему пореза на додату вредност

Третман грађевинских објеката и земљишта у систему пореза на додату вредност
(Treatment of Building Constructions and Land in the System of Value Added Tax)

Author(s):Suzana Dimić
Language:Serbian
Subject(s):Law on Economics, EU-Legislation
Page Range:811-820
No. of Pages:10
Keywords:Value added tax;Newly constructed building;Land;European Union;
Summary/Abstract:Usual practice of modern states to give special treatment to building constructions and lands in the system of value added tax (VAT) gains in importance in countries of our region, because of process of privatization and need for tax incentives in the field of construction industry. Particular dimension is a need for harmonization of internal rules in this sphere with tax law of European Union (EU). Existing legal rules, which prescribes that only slaes of newly constructed buildings is subject to VAT while the sales of lands is excluded from the system of VAT, leads to very interesting legal dilemma. Namely, the question is: what is legal fate of land where newly constructed building is subject to VAT. A paradox appears that building construction as well as land do not make a whole according to rule: superficies solo credit.

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Операционализација основних процесних начела парничне процедуре

Операционализација основних процесних начела парничне процедуре (Operationalization of Basic Process Principles of Civil Procedure)

Системске новине у преднацрту Закона о парничном поступку Републике Српске

Системске новине у преднацрту Закона о парничном поступку Републике Српске (Systemic Innovations in Draft Law on Civil Procedure of Republic of Serbia)

Утврђивање мишљења детета у паpницама за развод брака у контексту најбољег интереса детета

Утврђивање мишљења детета у паpницама за развод брака у контексту најбољег интереса детета (Regulating the Views of the Child in the Divorce Litigations in the Context of Securing the Best Interest of the Child)

Јавнобележничка делатност уз посебан осврт на законодавна решења у Републици Србији

Јавнобележничка делатност уз посебан осврт на законодавна решења у Републици Србији (Public Notaries' Work With Special Reference to Legal Solutions in Republic of Serbia)

Угрожавање права дјетета на здравље (Примјена члана 19 Конвенције о праву дјетета)

Угрожавање права дјетета на здравље (Примјена члана 19 Конвенције о праву дјетета) (Jeopardizing Child's Right to Health (Application of Article 19 of the Convention on the Rights of the Child))

Белешке о елементима који обликују статус нотара

Белешке о елементима који обликују статус нотара (Notes on Elements That Form Status of Notary Public)

Осигурање од одговорности и кумулација права на накнаду штете и суму осигурања

Осигурање од одговорности и кумулација права на накнаду штете и суму осигурања (Liability Insurance and Cumulation of the Right to the Compensation Damage and the Sum Insured)

Ексклузивно право даваоца франшизе да прода производ (робу) примаоцу франшизе

Ексклузивно право даваоца франшизе да прода производ (робу) примаоцу франшизе (Exclusive Right Franchisor to Sell a Product (Goods) Franchisee)

О правним лековима у поступку извршења и обезбеђења

О правним лековима у поступку извршења и обезбеђења (On Legal Remedies in the Executive and Security Proceedings)

Право детета на слободно време и одмор, рекреацију и културне активности

Право детета на слободно време и одмор, рекреацију и културне активности (The Child's Right to Leisure and Recreation and Cultural Activities)

Pravo potrošača na raskid ugovora u evropskom i domaćem pravu

Pravo potrošača na raskid ugovora u evropskom i domaćem pravu (The Consumer Right to Rescind the Contract in European and Domestic Law)

Javni poredak u funkciji priznanja stranih odluka

Javni poredak u funkciji priznanja stranih odluka (Public Order in Function of Recognition of Foreign Decisions)

Право на породични живот и права дјетета у Републици Српској

Право на породични живот и права дјетета у Републици Српској (The Right to Family Life and Rights of the Child in Republic of Srpska)

Застарјелост потраживања код уговора о промету роба и услуга

Застарјелост потраживања код уговора о промету роба и услуга (Superannuated Claims in Trade in Goods and Services Contracts)

Признање и извршење страних судских одлука - правила Брисел I регулативе (44/2001)

Признање и извршење страних судских одлука - правила Брисел I регулативе (44/2001) (Brussels Regulation No. (44/2001) on Recognition and Enforcement on Foreign Judgments)

Генетски инжењеринг и патентна правила

Генетски инжењеринг и патентна правила (Genetic Engineering and Patent Rules)

Од неуспешне ка половичној реституцији

Од неуспешне ка половичној реституцији (From Unsuccessful to Half-way Restitution in Serbia)

Владавина права и уставност и законитост - нормативно и стварно

Владавина права и уставност и законитост - нормативно и стварно (The Rule of Law, Constitutionality and Legality - Normative and Real)

Ефикасност законодавног поступка

Ефикасност законодавног поступка (The Efficacy of Legislative Process)

Сукоб интереса

Сукоб интереса (Conflict of Interest)

Динамика реформских процеса као фактор успешности реформи у Републици Македонији

Динамика реформских процеса као фактор успешности реформи у Републици Македонији (How Reform Dynamics Affect Reform Effectiveness in the Republic of Macedonia)

Уставно право човека на здрав живот - најважније право теће генерације -

Уставно право човека на здрав живот - најважније право теће генерације - (Man's Constitutional Right to a Healthy Life - The most important third-generation right -)

Теоријски аргументи "за" и "против" референдума - време преиспитивања

Теоријски аргументи "за" и "против" референдума - време преиспитивања (Theoretical Arguments "For" and "Against" Referendum - the Time of Reexamination)

Уставне жалбе у бившим југословенским републикама

Уставне жалбе у бившим југословенским републикама (Constitutional Complaint in the Ex-Yugoslav Republics)

Преиспитивање начела јединства власти

Преиспитивање начела јединства власти (Reconsideration of the Principle of Confusion of Powers)

Појам обележја региона као административно-политичких јединица - норма и стварност

Појам обележја региона као административно-политичких јединица - норма и стварност (The Notion and Features of the Region as an Administrative -Political Unit - Norm and Reality)

Ustavne garancije načela nezavisnosti i samostalnosti sudske vlasti u ustavima bivših jugoslovenskih republika

Ustavne garancije načela nezavisnosti i samostalnosti sudske vlasti u ustavima bivših jugoslovenskih republika (Constitutional Guarantees of Principle of Judiciary Independence and Autonomy in Constitutions of Former Yugoslav Republics)

Начело ефикасности у управном поступку

Начело ефикасности у управном поступку (Principle of Efficiency in Administrative Procedure)

Sudovi kao ovlašteni podnosioci zahtjeva za ocjenu ustavnosti. Ustavna pitanja sudova

Sudovi kao ovlašteni podnosioci zahtjeva za ocjenu ustavnosti. Ustavna pitanja sudova (Courts as Qualified Applicants for Assessment Constitutionality. Constitutional Questions of Courts)

Друштвене вредности права, правна начела и техничке вредности правног система

Друштвене вредности права, правна начела и техничке вредности правног система (Social Values in Law, Legal Principles and Technical Values of Legal System)

Pravne vrijednosti kao prinuda na vrlinu

Pravne vrijednosti kao prinuda na vrlinu (Legal Values as the Enforcement of Virtue)

Pravni sistem-teorija i praksa

Pravni sistem-teorija i praksa (Legal System - Theory and Practice)

Pluralizam kao obeležje sistema prava

Pluralizam kao obeležje sistema prava (Pluralism as a Characteristic of a System of Law)

Правна сигурност и правни систем

Правна сигурност и правни систем (Legal Certainty and Legal System)

Pravo i etika - Žene i Jevreji u vatikanskom sistemu pravnih i etičkih vrednosti kroz istoriju u svetlosti teorije definicionizma -

Pravo i etika - Žene i Jevreji u vatikanskom sistemu pravnih i etičkih vrednosti kroz istoriju u svetlosti teorije definicionizma - (Law and Ethics - Women and Jews in the Vatican's System of Legal Ethical Values Through History in the Light of the Theory of Definitionism -)

Остваривање принципа (не)равноправности

Остваривање принципа (не)равноправности (Realization of (In)Equality Principle)

Кажњавање малолетника у савременом кривичном праву

Кажњавање малолетника у савременом кривичном праву (Punishing Juveniles in Modern Criminal Law)

Правни оквир који уређује истрагу у европским државама

Правни оквир који уређује истрагу у европским државама (Legal Framework Regulating Investigation in European States)

Васпитне мере појачаног надзора у српском законодавству и пракси

Васпитне мере појачаног надзора у српском законодавству и пракси (Educational Measures of Increased Supervision in Serbian Legislation and Practices)

Osnovi koji isključuju postojanje krivičnog djela

Osnovi koji isključuju postojanje krivičnog djela (Basis of Exclusion of Existence of Criminal Act)

Операционализација основних процесних начела парничне процедуре
(Operationalization of Basic Process Principles of Civil Procedure)

Системске новине у преднацрту Закона о парничном поступку Републике Српске
(Systemic Innovations in Draft Law on Civil Procedure of Republic of Serbia)

Утврђивање мишљења детета у паpницама за развод брака у контексту најбољег интереса детета
(Regulating the Views of the Child in the Divorce Litigations in the Context of Securing the Best Interest of the Child)

Јавнобележничка делатност уз посебан осврт на законодавна решења у Републици Србији
(Public Notaries' Work With Special Reference to Legal Solutions in Republic of Serbia)

Угрожавање права дјетета на здравље (Примјена члана 19 Конвенције о праву дјетета)
(Jeopardizing Child's Right to Health (Application of Article 19 of the Convention on the Rights of the Child))

Белешке о елементима који обликују статус нотара
(Notes on Elements That Form Status of Notary Public)

Осигурање од одговорности и кумулација права на накнаду штете и суму осигурања
(Liability Insurance and Cumulation of the Right to the Compensation Damage and the Sum Insured)

Ексклузивно право даваоца франшизе да прода производ (робу) примаоцу франшизе
(Exclusive Right Franchisor to Sell a Product (Goods) Franchisee)

О правним лековима у поступку извршења и обезбеђења
(On Legal Remedies in the Executive and Security Proceedings)

Право детета на слободно време и одмор, рекреацију и културне активности
(The Child's Right to Leisure and Recreation and Cultural Activities)

Pravo potrošača na raskid ugovora u evropskom i domaćem pravu
(The Consumer Right to Rescind the Contract in European and Domestic Law)

Javni poredak u funkciji priznanja stranih odluka
(Public Order in Function of Recognition of Foreign Decisions)

Право на породични живот и права дјетета у Републици Српској
(The Right to Family Life and Rights of the Child in Republic of Srpska)

Застарјелост потраживања код уговора о промету роба и услуга
(Superannuated Claims in Trade in Goods and Services Contracts)

Признање и извршење страних судских одлука - правила Брисел I регулативе (44/2001)
(Brussels Regulation No. (44/2001) on Recognition and Enforcement on Foreign Judgments)

Генетски инжењеринг и патентна правила
(Genetic Engineering and Patent Rules)

Од неуспешне ка половичној реституцији
(From Unsuccessful to Half-way Restitution in Serbia)

Владавина права и уставност и законитост - нормативно и стварно
(The Rule of Law, Constitutionality and Legality - Normative and Real)

Ефикасност законодавног поступка
(The Efficacy of Legislative Process)

Сукоб интереса
(Conflict of Interest)

Динамика реформских процеса као фактор успешности реформи у Републици Македонији
(How Reform Dynamics Affect Reform Effectiveness in the Republic of Macedonia)

Уставно право човека на здрав живот - најважније право теће генерације -
(Man's Constitutional Right to a Healthy Life - The most important third-generation right -)

Теоријски аргументи "за" и "против" референдума - време преиспитивања
(Theoretical Arguments "For" and "Against" Referendum - the Time of Reexamination)

Уставне жалбе у бившим југословенским републикама
(Constitutional Complaint in the Ex-Yugoslav Republics)

Преиспитивање начела јединства власти
(Reconsideration of the Principle of Confusion of Powers)

Појам обележја региона као административно-политичких јединица - норма и стварност
(The Notion and Features of the Region as an Administrative -Political Unit - Norm and Reality)

Ustavne garancije načela nezavisnosti i samostalnosti sudske vlasti u ustavima bivših jugoslovenskih republika
(Constitutional Guarantees of Principle of Judiciary Independence and Autonomy in Constitutions of Former Yugoslav Republics)

Начело ефикасности у управном поступку
(Principle of Efficiency in Administrative Procedure)

Sudovi kao ovlašteni podnosioci zahtjeva za ocjenu ustavnosti. Ustavna pitanja sudova
(Courts as Qualified Applicants for Assessment Constitutionality. Constitutional Questions of Courts)

Друштвене вредности права, правна начела и техничке вредности правног система
(Social Values in Law, Legal Principles and Technical Values of Legal System)

Pravne vrijednosti kao prinuda na vrlinu
(Legal Values as the Enforcement of Virtue)

Pravni sistem-teorija i praksa
(Legal System - Theory and Practice)

Pluralizam kao obeležje sistema prava
(Pluralism as a Characteristic of a System of Law)

Правна сигурност и правни систем
(Legal Certainty and Legal System)

Pravo i etika - Žene i Jevreji u vatikanskom sistemu pravnih i etičkih vrednosti kroz istoriju u svetlosti teorije definicionizma -
(Law and Ethics - Women and Jews in the Vatican's System of Legal Ethical Values Through History in the Light of the Theory of Definitionism -)

Остваривање принципа (не)равноправности
(Realization of (In)Equality Principle)

Кажњавање малолетника у савременом кривичном праву
(Punishing Juveniles in Modern Criminal Law)

Правни оквир који уређује истрагу у европским државама
(Legal Framework Regulating Investigation in European States)

Васпитне мере појачаног надзора у српском законодавству и пракси
(Educational Measures of Increased Supervision in Serbian Legislation and Practices)

Osnovi koji isključuju postojanje krivičnog djela
(Basis of Exclusion of Existence of Criminal Act)

Признање кривице оптуженог - пут ка блажем кажњавању у поступцима пред МКТЈ
(Guilty Plea - Way to a Less Severe Punishment in the Proceedings by the ICTY)

Једнакост у правима и слободамам
(Equality in Rights and Freedoms)

Секундарни извори права Европске уније
(Secondary Sources of European Union Law)

Контрола државне границе и европске интеграције
(Control of State Borders and European Integration)

Primjena općih načela prava u praksi Evropskog suda pravde
(General Principles of Law in the Practice of the Court of Justice of EU)

Третман грађевинских објеката и земљишта у систему пореза на додату вредност
(Treatment of Building Constructions and Land in the System of Value Added Tax)