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The right of religious organizations to independently decide on purely religious issues is one of the basic prerequisites is fundamental for upholding both communal and individual aspects of religiousfreedom. The scope and content of religious autonomy may differ depending on the model of the relationship between the state and churches and religious communities. The basic hypothesis of the paper is that the protection of religious autonomy in Serbia does not deviate from the general international standards established by international conventions for the protection of human rights and the jurisprudence of the European Court of Human Rights. However, there remains an opportunity for enhancement, particularly concerning the protection of rights for various factions resulting from divisions within formerly unified religious entities. [ABSTRACT FROM AUTHOR]

The main subject of this paper is analysis how digitalization can contribute in resolving legal concerns which were observed in practice and which are related to the fact that a share in the company is the object of common property of spouses. There are shown the main provisions of family law in Republic of Serbia, in order to approach the meaning of common property of spouses, as well as material and procedural provisions related to the company law in Republic of Serbia, regulations on registration of companies, data and documents which are of importance for the companies and which are the object of registration, Goal is to show that checking of fact is natural person who is achieving the share in the company married while undertaking legal actions in order to achieve that share, as well as automatic, electronic recording and centralized exchange of these data between public notaries and other public authorities in that process, in the future, can greater legal security in Republic of Serbia and in the neighborhood states-Montenegro, Croatia, Slovenia and Bosnia and Herzegovina. [ABSTRACT FROM AUTHOR]

Fixing the outcome of sports competitions is one of the biggest threats to the integrity of sports. Sport as a social phenomenon has its own individual and social dimension. However, the degree of benefit for the individual and society can be neutralized by phenomena that threaten the integrity of sports competitions. The goal of this research is to provide an answer to the question of whether criminal law, as a branch of law characterized by the ultima ratio character, should respond to the appearance of fixing the outcome of sports competitions, as well as what type of outcome fixing should be responded to within the framework of criminal law. This research also includes an analysis of certain provisions of the Council of Europe Convention on the manipulation of sports results in order to see the potential scope of the Convention in terms of influence on the criminal legislation of countries that ratify the convention. In the last part of the paper, the criminal offense of fixing the outcome of the competition from Art. 208a. Criminal Code of the Republic of Serbia. [ABSTRACT FROM AUTHOR]

Criminal offences against economic interests are prescribed in the separate chapter of the Criminal Code of the Republic of Serbia. It is about 29 incriminations. Except that these offences are prescribed in the Criminal Code, such incriminations are prescribed and by the other laws. Author of this paper refers to certain penal and criminological aspects of the mentioned offences. At the beginning of paper there is a word about punishable acts in the field of economic interests. A chapter of work is dedicated to data on the frequency of occurrence of such offences. Author emphasizes certain specifics in regard to the enforcement of criminal sanctions against persons convicted for offences against economic interests. [ABSTRACT FROM AUTHOR]

In the paper the author considers the environmental characteristics of property tax. The aim of the paper is to present how this tax can be used in order to contribute to the protection of environment. Having in mind the fact that the ecological role of property tax in Serbia is quite modest, the author will try to answer whether there is room for further greening of the property tax by introducing new tax reliefs. [ABSTRACT FROM AUTHOR]

Certain acts in the Republic of Serbia foresee a wide range of tax misdemeanors. These are not only misdemeanors prescribed by the Law on Tax Procedure and Tax administration, but also misdemeanors contained in other laws. In the current Law on Tax Procedure and Tax Administration there are some specific misdemeanor provisions which will be the subject of this paper. [ABSTRACT FROM AUTHOR]

Invention and wide-spread use of the internet pose particular challenges for Private International Law. Ubiquitous nature of content placed online, the fact that internet-users are able to create the content themselves and the absence of any meaningful geographic connection between transactions conducted online and a territory of any given country are factors which are, on the one hand, increasing the number of cases with cross-border implications while, as the same time, rendering the use of traditional rules of jurisdiction and choice of law increasingly difficult. This is particularly the case with cross-border infringements of personality rights via the internet. The paper discusses the issue of jurisdiction for this particular category of internet-torts. Based on the analysis of the case law created by the Court of Justice of the European Union and the practice of courts in certain national jurisdictions, the author concludes that a reasonable and purposeful interpretation of the notion “place of damage” as a criterion of special jurisdiction for torts used in Article 53(1) of the Serbian Private International Law Code, entails that for the acceptance of jurisdiction by Serbian courts it is not enough that the relevant content is accessible from the territory of Serbia. It is also necessary that a victim’s habitual residence or main place of business is in Serbia. Such interpretation allows Serbian courts to accept jurisdiction in circumstances in which there is a real and meaningful connection of a dispute with Serbia, provides the plaintiff with efficient legal protection of his rights and guarantees the defendant a reasonable opportunity to foresee a competent forum. [ABSTRACT FROM AUTHOR]

Geopolitics explains the regularity of political action in international relations by finding the determinants of political decisions in geographical factors. The result of geopolitical thought are possible patterns of behavior of states in international relations which are used to explain past and present and predict future events. Starting from the basic principles of Mackinder’s and Spykman’s theory, the paper presents the historical and contemporary geopolitical tendencies of the Great Powers in Europe, with special reference to the territory where the modern Serbian state is located. At the end, we identified indicators of future development of the geopolitical situation with implications for the security of the Republic of Serbia could be predicted. [ABSTRACT FROM AUTHOR]

The paper focuses on formal and practical problems in the field of environmental protection, which occur as a consequence of omissions of the legislative and executive authorities in Serbia. The text analyzes the positive legislation and compliance of domestic legal regulations with international declarations and conventions ratified by our country (from the Stockholm Declaration and the Council of Europe Convention on Civil Liability for Damage Caused by Dangerous Activities to the Environment to the Rio Declaration), as well as with European Directives (EU Directive on Industrial Emissions) and Regulations (Regulation No. 525/2013 on monitoring and reporting of greenhouse gas emissions and reporting on other information relevant to climate change). The candidacy for equal membership in the European family of nations obliges the Serbian Parliament and the Government to make additional efforts in the direction of harmonizing our law with the European one. The paper takes a de lege ferenda approach, so the author explains the need to amend a number of laws, such as the Law on Environmental Impact Assessment, the Law on Strategic Environmental Assessment, the Law on Fees for the Use of Public Goods and the Law on Budget system, as well as the enactment of the Law on Climate Change and the Serbian Civil Code as soon as possible (in which dilemmas that hinder the subjects of law in using the environmental lawsuit as an instrument of environmental protection should be resolved). An unacceptable deviation from one of the fundamental principles established by the Rio Declaration was pointed out, which brings with it a number of structural problems and the inability of both the Green Fund institutions and a number of organizations that focus on ecology. The consequences of the discrepancy between the intentions proclaimed by the Constitution of Serbia and the National Strategy of Serbia for the accession of Serbia and Montenegro to the European Union from 2005 on the one hand and the absence of adequate legislative and executive activities in environmental protection, on the other hand, are obvious in the reports of the European Commission and the European Environment Office, as well as in the health risk and increased mortality of a large number of citizens of Serbia and other European countries, due to harmful emissions that cause pollution of air, water and soil in our country. In addition to the proposals for changes in the formal framework in the field of environmental protection, the paper points out the need to use those mechanisms of civil protection, such as environmental lawsuits (established by the Law on Obligations 1978), which is, by its nature, actio popularis and in that sense accessible to the widest range of subjects. The defense of the standards established by the Kyoto Protocol and the Basel Convention would, through the extensive use of this procedural instrument, be placed not only in the hands of representatives of the legislature and the executive, but also, the judiciary (conditionally, of course, because courts can decide only initiate a civil action, but not on its own initiative). [ABSTRACT FROM AUTHOR]

The right to monetary compensation for non-property damage is not enjoyed in the same way by all legal entities, i.e. legal entities and natural persons. In theory and practice, there are different approaches regarding the issue of whether a legal entity can suffer non-material damage of the same intensity and in the same form as is the case with natural persons. In this regard, it was pointed out that a legal entity can have a reputation, and therefore a damaged reputation can be the basis for an obligation to pay compensation for the damage suffered as a result. The discussion on the merits of monetary compensation for non-material damage to legal entities continued until the adoption of the legal understanding of the Civil Department of the Supreme Court of Serbia on February 5, 2001. The more recent theory of obligation law discusses this issue in the context of the need to review the current rules of tort law. In this sense, it is emphasized that the objective concept of non-property damage, which excludes physical or psychological pain and fear from the conceptual definition, provides a legal basis for monetary compensation of such damage to legal entities. Such changes have already been implemented in some countries of the former Yugoslavia. When it comes to Serbia, theory and practice are still waiting for reform, although there are indications that reform has already taken place on the normative level. Therefore, the aim of this paper is to answer the question whether in our law there is a right of a legal entity to compensation for non-property damage. [ABSTRACT FROM AUTHOR]

Having in mind demographic trends and especially growing number of the population in the old age, it is very important that family law deals with the needs of the vulnerable adults. In 2021 in Serbia the percentage of the population aged 65 and older is 21.3%. The number of users in Centres for social work that are deprived of ‘transactional’ (‘contractual’) capacity is growing (in 2017 13.075 persons are deprived of the ‘transactional’ (‘contractual’) capacity. Having in mind UN Convention on the Rights of Persons with Disabilities (Serbia has ratified the Convention in 2009) in this paper authors analyse legal changes in the procedural law which aim is protection and empowerment of vulnerable adults in Serbian law. One solution is limitation of the deprivation of ‘transactional’ (‘contractual’) capacity in a way that the decision is to be to reexamine in the period of maximum three years (Law on Non-Contentious Proceedings amendments 2014). Other solution is the obligation of the court to define legal operations which the person deprived of the capacity can undertake by himself/herself and especially if this person can exercise his/her elective right (Law on Non-Contentious Proceedings amendments 2022). The authors analyse proposed legal changes in the family law which aim is to empower vulnerable adults. The recent Draft Law on Amendments to Family Act empowers vulnerable adults in the several ways. It is proposed to abandon the existing institution of “deprivation of legal capacity“ and to keep only the institution of the “limitation of legal capacity“. It is proposed that court in the decision on limitation of ‘transactional’ (‘contractual’) capacity should determine the legal operations that a person partially deprived of capacity may not undertake independently. The Draft Law on Amendments to Family Act adds the legal acts to legal operations which the person deprived of capacity may undertake. This solution empowers vulnerable adults giving them wider circle of independent rights. It is proposed that the guardianship authority is obliged to protect the dignity and well-being of the ward; try to limit the rights of the ward as little as possible; encourage the ward’s independent decision-making; provide him/her support in decision-making, as well as the participation in community life; take into account all the specifics of the ward’s personality and accept his decisions, opinions, wishes, and attitudes, unless it is in conflict with the welfare of the ward. In addition, it is proposed to stipulate the guardian’s obligation to make sure that the adult ward receives all the information on issues that concern him/her in a timely manner and to take into account in the utmost extent possible the ward’s decisions, opinion, wishes and attitudes when performing the guardian’s duties. [ABSTRACT FROM AUTHOR]

The paper presents the specific legal nature of cultural goods and, from that aspect, the specific and numerous restrictions on property rights. As a special kind of object, which have special quality, functions and purpose in society, cultural goods are the object of a special property law arrangement. Such, especially property related regulation, in the case of cultural goods, is the result of the coexistence of individual (“private”) and public (social) interest in preserving cultural heritage as a general good of society. Restrictions on property rights on immovable cultural heritage, represent a specific concretization of the social attachment of property rights. As the main source of cultural property rights in the Republic of Serbia, the Law on Cultural Heritage, passed more than a quarter of a century ago, regulates the area of property rights on cultural goods incompletely and imprecisely, even in conflict with later regulations, the Constitution and the Law on Public Property. Numerous provisions on the rights and obligations of the owners of immovable cultural property are incomplete and imprecise and guarantees of property rights are insufficient. The paper also raises the issue of cultural property rights and property restrictions on immovable cultural heritage, which are at the same time worship temples, whose owners and users are churches and religious organizations (res sacrae). It is necessary to adjust the property restrictions of the owners of these immovable cultural heritage, to the specific needs of churches and religious organizations, as well as to further limit the possibility of encroachment on the right of ownership by public authorities. [ABSTRACT FROM AUTHOR]

Author deals with a problem of a justification of the leading ideas that inspired new Code on Prevention of Family Violence in Serbia. Author proofs assumption that the Code is grounded on a basic premisses of the, so called, radical feminist criminology regarding family violence. After short retrospect to elementary rules of a scientifically founded criminal policy, in the second part author exhibit the origin of this legislative solution. Out of it becomes clear that this is a piece of legislation special to totality of legal system which bears the burden of a suppression of family violence in Serbian society, whose substance was compiled by the group of NGO of a radical feministic orientation. In the third, central part of the paper, author proofs the origin of a specific doctrines in the Code by comparison with key tenets of this extreme and radical school of criminological thought. Author concludes that they are nothing more but an unscientific attempt to shroud radical feministic ideas behind a mask of a scientific discipline – ethology of a crime. At the very end author illustrated aforementioned comparison with negative effects of a Code to family in Serbian society. In the same time author criticise total legislative indifference toward prevailing culture and values of a society in which the Code should apply. [ABSTRACT FROM AUTHOR]

In the light of current global tendencies and a concern for the issue of environmental protection, this paper aims to provide an analysis of most important issues in this field, within the EU Law. Elements of the right to a healthy environment are systematically regulated in the communitarian law. First, there is a long-standing normative activity of these issues, which in the last two years resulted in the adoption of new strategic documents. Second, jurisprudence of the ECJ has also followed development of the legislation, as well as circumstances in which those documents have been applied. Therefore, special attention is drawn to the newly-adopted general acts, created with long-term aims, and based on normative and factual experience over past decades. Its purpose is to achieve sustainable development goals in a multidimensional manner. Furthermore, an analysis of selected judgments of the ECJ shows the efficiency in application of relevant regulations and directives. Moreover, the interpretation of the EU law is of special importance, where the ECJ has a significant role. With regard to the universal character of this topic, the paper provides a short overview of the relevant legal framework in the USA, Norway and Serbia. Negotiations on the joining the EU imply the harmonization of domestic law with the standards of the communitarian law. By observing the Serbian environmental legal framework, it could be said that there is determination and concrete measures in the process of harmonization. On the basis of previously mentioned issues, authors structured the paper and aspects of the rese arch contained therein, followed by the conclusions provided in the final chapter. [ABSTRACT FROM AUTHOR]

Abstract: In recent years, the shaping of special legal regimes has been intensified. They discreetly influence the ideological and value orientation of the Civil law and, to an increasing extent, its structure Deviation from the general legal regime means that individuals or narrower social groups are brought either to a privileged or to a less favorable position in relation to other right holders. A more pronounced disparity between the general and the special can affect the stability of society, especially when it comes to the segment of the legal system that regulates issues related to the distribution and appropriation of goods in the domain of Real property law and Inheritance law. The introduction of new special legal regimes should affect the spread of Civil law. However, in most legal systems there is an opposite trend. New legal institutes that are in the function of implementing special legal regimes are governed by special regulations and often become part of separate, independent branches of law Dispersion is especially emphasized in the domain of Real property law The problem is that special legal regimes have not been the subject of more detailed studies in domestic doctrine. In this paper, questions concerning their conceptual definition, legal nature and practical significance are opened. In the first part, which could be conditionally called general, the current problems related to ideological and systemic dilemmas are analyzed. In the second, special, the current concept of a special property regime that applies to cultural goods is analyzed Cultural goods are material elements of the cultural heritage of our country The Constitution of the Republic of Serbia recognizes their status as goods of public interest, which implies the need for their enhanced protection. It is achieved by prescribing various public law restrictions that narrow the autonomy of the will of the owner. The paper analyzes the limitations of property entitlements for immovable and movable citiral goods, as well as for the goods that enjoy prior protection. Domestic regulations are inadequate in some segments because they provide for excessive restrictions (e.g. when determining the category of goods to which the right of pre-emption applies), because in some places they are insufficiently precise (in terms of determining the holder of the pre-emption right), or insufficiently elaborated (due to the failure to provide for the notification (die Anmerkung) of an (immovable) property that enjoys prior protection in the real estate cadastre). This emphasizes the importance of striving to achieve a fair balance between the public interest of the community, on the one hand, and the interests of owners, on the other. [ABSTRACT FROM AUTHOR]

In past several years many states have started a reform of their bilateral investment treaties (BITs). The idea behind this effort is to terminate altogether or to replace the existing BITs, often perceived as unbalanced instruments, focused solely on the protection of investors and containing broad and open language, with new treaties. Serbia is, at the moment, not engaged in such process. The paper offers an overview of the BITs currently in force in Serbia. It also discusses different options for inevitable reform of Serbian BITs, bearing in mind legal, economic and political implications of three alternatives: denunciation (unilateral termination) of the existing BITs, termination by consent and their replacement with new treaties [ABSTRACT FROM AUTHOR]

Articles 4 and 194 of the Constitution of the Republic of Serbia prescribe that the legal order of Serbia is unique. Interpreting this constitutional principle, the Constitutional Court of Serbia has developed a doctrine on the distinction between systemic and ordinary laws, based on the primacy of systemic laws over ordinary ones. Ordinary law must be in accordance with the systemic law because otherwise it is unconstitutional. Explaining its position, the Constitutional Court claims that the constitutional principle from article 4 requires that all laws be in accordance (consistency) and act in the same direction (coherence). We will analyze the principle of coherence, its relationship with consistency, and then apply those insights to the doctrine of the Constitutional Court, in an effort to determine the merits of such a distinction. The main hypothesis from which the paper starts is that the Constitutional Court gives absolute primacy to the principle of unity of legal order, which we consider axiologically acceptable but unacceptable from positive law aspect, since this principle must be considered in the light of other principles, especially in the light of separation of powers [ABSTRACT FROM AUTHOR]

Bodily integrity is one of the main areas of interest for organ transplantation. The transfer of one human organ from one body to another is a matter of the bodily integrity of the human. The focus of the work is on the treatment of the human body in situations when it is necessary to make decisions on organ donation, in one’s own and others’ best interests. In this context, the possibility of an equal right to bodily integrity is considered, as well as the possibility of ownership of the body. The paper will consider legislation and court cases of the European Union member states concerning the situation in the Republic of Serbia. The final part of the paper concludes about the roles that individual participants in the process of organ donation should play in modern circumstances. [ABSTRACT FROM AUTHOR]

Thinking about the legal regulation of the taxi services market in countries and cities around the world never stops. The emergence and use of internet platforms in the organization of passenger transport in large cities has led to the fact that anyone can find themselves in the role of a person who performs transport. Thus, taxi transport gained direct competitors, because it is clear that these two transport markets are largely substitutes. However, the existing, strict regulation of the taxi market does not recognize internet platforms and as such, prevents their functioning. The introduction of internet platforms in the transport system and their functioning in full capacity, as their creators imagined, means the previous abolition of numerous market restrictions on the taxi market, ie. liberalization. On the other hand, the existing market restrictions on the taxi market conflict with the liberal economic concept, present primarily in the European Union, but also in the Balkan countries. This is another reason why deregulation of this market can be expected. The paper presents the characteristics of this market and identifies the most important issues of the current legislation of Serbia and Bosnia and Herzegovina that could be disputable in the process of possible deregulation. The direction in which changes in national legislation will go can be seen to some extent by analyzing the current legal framework of the European Union and the case law of the Court of Justice. [ABSTRACT FROM AUTHOR]

Starting from 1 February 2021 Serbia is under an obligation to apply the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. This is a new source introducing significant changes in Serbian private international law. Apart from provisions on administrative cooperation between contracting states’ central authorities with an aim to simply and accelerate recovery of maintenance in international context, the Convention contains detailed provisions on recognition and enforcement of maintenance decisions, reasons for its refusal and, which is a particular novelty in comparison to previous international convention, procedural rules that a court of another competent body of the requested state should apply while deciding on the issue. The paper discusses the main features of the recognition and enforcement mechanism established by the Convention and, in particular, certain issues that Serbian courts might face as a result of the interaction between provisions of the Convention and Serbian law. [ABSTRACT FROM AUTHOR]

The article sheds light on provisions of legislation on civil procedure of Serbia from 1865 concerning evidence in civil lawsuits, such as: testimony of witnesses, documentary evidence, experts testimony that is often necessary so that the trial judge can properly understand scientific or technical issues relevant to the lawsuit, and different kinds of oaths. Evidence is fundamental to the outcome of any civil litigation because, ordinarily, the facts in a civil lawsuit must be proved by evidence, and the judge will decide the civil case on the evidence adduced by the parties. As being fully aware of its significance, the author of the Code, minister of justice Rajko Lešjanin dedicated 125 paragraphs to evidence in civil lawsuits. They had been very carefully drafted after thorough and detailed discussion between the author of the draft and the State Councilʹs Commission. In 1872, minister of justice Stojan Veljković drafted amendments and supplements to a certain number of articles regarding proofs in litigation but, since Veljkovićʹs document was never enacted, these articles were left unrevised. However, a few paragraphs concerning evidence in civil cases were altered in 1885 and 1901. All aforementioned amendments and supplements, as well as provisions that remained intact during the whole period that the Code was in force, were meticulously scrutinized in this paper. [ABSTRACT FROM AUTHOR]

Overcoming the obvious democracy crisis is possible to be done by taking an insight into our democratic thought. This paper reminds, directs, actualises, values and reminds scientifically-democratic thought of Bozidar S. Markovic, in a real context of strenuous processes of intoducing and consolidating democracy in Serbia. Understanding democracy of Bozidar S. Markovic is a theoretical frame work which satisfies criteria of scientific generalisation, for it includes characteristic and essential landmarks of democracy and criteria of methodological con textuality for different and specific experiences of certain countries and their people. In this paper the frameworks of democracy are being thematized, with its characteristics, good and bad sides in the circumstances of our current political practice. [ABSTRACT FROM AUTHOR]

Liability insurance for environ mental damages has been existing in some European countries and in the United States for more than a hundred years. In the Republic of Serbia, however, this type of insurance is still quite under developed. The subject matter of this paper is the analysis of, according to the authors' opinion, two most important issues of liability insurance for damages arising out of the harmful influence on the environment. The first question is who is capable of being an insured person in this type of insurance and the second one, what represents an insured risk and how it should be described when formula ting an insurance policy. In the paper these two aspects have been analyzed according to the applicable laws of the Republic of Serbia, relevant international documents and general and specific terms and conditions of domestic and foreign insurance companies. [ABSTRACT FROM AUTHOR]

By using comparative and axiological method, the author considers the following issues: the purposefulness of right of retaining possession; definition and legal nature; optimal conditions for its establishment in contemporary domestic and comparative law; its contents and effect. The subject of this paper is analysis of regulation of right of retention possession in Serbian positive law; two Drafts of the future Serbian Civil Law; as well as the retention model-rule of the 2008 Draft Common Frame of Reference (DCFR). The author estimates that right of retaining possession should exist in Serbia’s future civil law, because it has a triple justification. The paper contains explained proposal for the future regulation of retention as a quasi real right in rem and assessment of its compliance with EU ACQUIS. The author concludes that the direction of the further evolution of retention in European law is common, and that is - recognition of the broader content and stronger effect of the institute, in order to protect the interests of the retinent more effectively. [ABSTRACT FROM AUTHOR]

With the creation of the European Union (EU), the signing of the Maastricht Agreement, the introduction of the single market and freedom of movement of labor and the introduction of the euro as a common currency, the problem of cross-border road transport of cash and valuables between eurozone members arose. This is because almost all EU member states had more or less different solutions and practices for this type of transport. The EU tried to solve the problem by adopting Regulation No. 1214/2011 on professional cross-border road transport of cash between euro-area Member States. The mentioned Regulation successfully solved many problems related to this issue, such as; issuance of appropriate permits (licences), maximum duration of delivery, rights and obligations of teams, necessary knowledge and skills of security staff, carrying weapons in the host country, type and equipment of vehicles, mutual information, etc. Although the intention was to establish a unified system of cross-border money transport, in addition to significant progress in the functioning of private security, it can be said that because some countries have retained their specifics. a unified system with the same rules has not been fully established. The paper presents and deals with the advantages and disadvantages of a single system (securing) of cross-border transport of cash under the said Regulation. The Republic of Serbia, as a country on the path to EU membership, has a special interest in getting to know and preparing in time for the harmonization of its legal solutions and practices which regulate the mentioned area (activity) of private security. [ABSTRACT FROM AUTHOR]

A termination of employment by being dismissed by an employer is the most delicate form of an employment termination. As such, in the modern Labor Law, is mostly regulated by a state regulation. The legislator is in obligation, during regulating of this institute, to adjust regulations related to termination of employment with the ratified international contracts, and certain directives during making the law are present in acts that do not fall under the process of ratification. Thus, in the paper, the review of the most important acts in the international and regional level is presented, and they regulate termination of employment by an employer’s initiative, starting from the acts of the international labor organizations to the acts of the Council of Europe and Communitarian Law. In Positive Law of Serbia, the analyze of justified dismissal reasons in a contract by an employer has been made. [ABSTRACT FROM AUTHOR]

In Serbian law, a valid will can be revoked based on the will of the testator, more precisely through the revocation of the will or based on a court decision. This paper analyzes the solutions of the Law on Inheritance of Serbia, dedicated to the mentioned ways of revoking a last will, and at the same time examines the legal regulation of that issue in other legal systems in Europe. The author finds that in the realization of the right to revoke a will, the legislation of Serbia undoubtedly affirms the freedom of will, and that in that respect, it is in principle harmonized with the legal solutions observed on European legal soil. In the aspect of the purpose for which it is prescribed, a special advantage of domestic regulation is the possibility of declaring a will ineffective through a court decision. The author further considers that certain solutions that can be found in comparative law, such as the possibility to invalidate testamentary dispositions made in favour of former spouse, could be accepted in Serbian inheritance law as well. Finally, according to the author, some existing legal solutions dedicated to the revocation of wills, need to be specified and completed de lege ferenda, in order to achieve legal certainty. [ABSTRACT FROM AUTHOR]

Initially the paper recalls that the apartment/condominium owner ship is a complex legal construct, which, as a special form of ownership, is the legal institute of modern age. Thereupon, the reasons underlying its legal recognition and widespread use have been indicated, taking into account its deviations from the general ownership regime. Complexity of the apartment/condominium ownership stems from its specific object. Namely, three components of this legal construct: the right on the separate unite of the building (which could be in the the exclusive ownership, co-ownership or in joint ownership), the right on the joint parts of the building (in joint ownership of apartment owners), and the right on the land on which the building is located (in co-ownership of apartment owners). should be normatively shaped and systematically coordinated. Special attention has been paid to the right on the land, from the viewpoint of its peculiarity during the development of a legal system in Serbia after the World War II. The process of conversion, i.e. transformation of the right of use into the right of ownership in Serbia has begun in 2009 by entering into force of the still applicable Planning and Building Act. Evolution of the regulation of the rights of apartment/condominium owners on the land on which the building was erected (including the land which serves for its regular use), from 2009 to 2020, has been examined in detail in the light of its adequacy and capacity to contribute to the (re)establishing of the legal unity of the immovable property, as well as to the prevention of contentious situations. [ABSTRACT FROM AUTHOR]

Financial autonomy is of crucial importance for the political automony within the vertical organisation of power. Local level of government seems to be in the most vunerable position, bearing in mind the flexibility of the constitutional framework in this area. The communication between different levels of government is an useful tool in searching for a balans between local needs and needs of public financial sector as a whole. The subject of this paper is the existance of normative and institutional preconditions for integovernmental dialogue between central and local levels of government in the Republic of Serbia. This question had been put into the wider social and political context which include the constitutional position of local self-government, the type of eceltoral system on the both levels as well as the degree of constitutional and political culture in our society. The results of research show that there are normative and institutional preconditions for intergovernmental dialogue in the constitutional system of the Republic of Serbia, but, in reality, there is still much space for developing of a such kind of cooperation. [ABSTRACT FROM AUTHOR]

At the beginning of this century, laws regulating the status of churches and religious communities were adopted in Serbia and the countries of the region. These laws are aligned with international standards for the protection of human rights. This paper will present the most significant aspects of new legislation regulating the legal status of religious organizations in Hungary, Bulgaria, Serbia and Montenegro. The aim is to identify similarities and differences in the proposed or implemented solutions by comparative analysis, to identify their main advantages and disadvantages, as well as to point out the possibilities of their improvement and harmonization with international standards, especially in the field ofprotection of the collective aspect offreedom of religion. The article consists of three parts. The first summarizes the laws on churches and religious communities in the mentioned countries with an emphasis on issues that will be analyzed separately in other parts of the paper. The second part deals with the registration of churches and religious communities and the continuity of their legal personality. The third part of the paper contains an analysis of the regulations that change and re-regulate the scope of benefits and privileges afforded to churches and religious communities by the legal order. The concluding considerations outline the results of the analysis and point out further directions for the development of regulation in the domain of state-church law. [ABSTRACT FROM AUTHOR]

The subject of this paper is depreciation of real estate of taxpayers who do not keep accounts for the purpose of property tax. The cum of the paper is to analyze the provisions of the Law on Property Taxes related to the depreciation of reed estate of taxpayers who do not keep accounts, as wed as recent decision of the Constitutional Court of Serbia regarding this issue. In order to determine how units of local government in Serbia implement provisions of the Law on Property Taxes related to the depreciation of reed estate of taxpayers who do not keep accounts, representa tive sample of loeed government has been formed. [ABSTRACT FROM AUTHOR]

The fact that nearly five hundred wrongfully convicted persons have been exonerated thanks to subsequent DNA analysis, after the discovery of DNA and the possibility of identifying person on the basis of DNA, inspired us to research the issue of wrongful convictions and the role of DNA analysis in their correction. This paper firstly discusses the concept and consequences, the estimates of frequency and the causes of wrongful convictions. After that, it gives an overview of some organizations that deal with cases of wrongful convictions in comparative practice. It further explains the role of DNA in exonerations of the wrongfully convicted as well as the assumptions that must exist in order to correct the conviction this way. Lastly, the paper discusses current possibilities and prospects in the Republic of Serbia regarding the correction of the wrongful convictions through subsequent DNA analysis and in other ways. [ABSTRACT FROM AUTHOR]

The author's attention is focused on the Animal Welfare Law in the Republic of Serbia and the effects of its ten-year application. In the paper, the author sets herself a goal to evaluate through analysis and critical consideration the individual solutions contained in this statutory text, their quality from the aspect of the protection of animals in relation to the corresponding solutions in the animal welfare acts of Germany, Switzerland, Austria, and Croatia. The author's goal is also to examine the effectiveness and practical applicability of the relevant provisions of this statutory text and, on the basis of researched practice of the Misdemeanour Court in Novi Sad, the Misdemeanour Court in Kragujevac, and the Misdemeanour Court in Nisfor the last five years of its application. In the paper, the author advocates for amendments to individual solutions, contained in Serbian Animal Welfare Law, which are recognized by practice as insufficiently applicable; for deletion of any solutions directly confronting animal welfare protection, and for strengthening the supervisory and legal mechanism, in order to facilitate the application of this statutory text. In the author's opinion, setting up a Commission for Animal Welfare Protection, as well as the introduction of Commissioner for Animals at the level of each county in the territory of the Republic of Serbia, would contribute to the improvement of application of accompanying by-laws. [ABSTRACT FROM AUTHOR]

The area of the European Union (EU) is characterized by general liberalization, ie. „Free flow of people, goods, services, and capital”, which is why the organized crime with international elements seriously affects the security of entire regions. Given that no country, regardless of its resources, can confront the threats of the global environment on its own, the need to create a single legislative framework aimed at strengthening the internal security system of the EU and its member states have become necessary. The mentioned unified legislation leads to the centralization of the security area at the supranational level, ie. delegation of competencies of the Member States to the institutions of the Union. In the global fight against organized crime, with the entry into force of the Law on Ratification of Stabilization and Association Agreements between the European Communities and their Member States, on the one hand, and The Republic of Serbia, on the other1 Serbia has committed itself to gradually harmonizing its national legal framework with acquis communautaire, as well as to apply them consistently. Given that, in this paper will be considered the harmonization of certain provisions of the Law on Organization and Competences of State Bodies in the Suppression of Organized Crime, Terrorism and Corruption,2 ie. international cooperation in criminal matters systematized in Chapter 24 – Justice, Freedom, and Security. [ABSTRACT FROM AUTHOR]

Private life, family life, home and correspondence represent some of the most intimate and significant aspects of human life. The focus of this paper is an analysis of the right to respect for private life, family life, home and correspondence, as the elements of the protection of the Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The analysis was primarily conducted through research and interpretation of the European Court of Human Rights recent case law, whereby, some of the cases of the highest importance as well as the case of the Republic of Serbia as a respondent state, were specially observed. [ABSTRACT FROM AUTHOR]

The paper sheds light on the articles of Serbian press from Hab sburg Monarchy related to the codification of law in Serbia. The authors shall discuss the columns of Serbska novina (Magazin za knjižestvo, hudokestvo i mo du), Serbske narodne novine, Srbski dnevnik, Svetovid, Srbobran and Napredak in relation with the long way paths to the introduction of civil, criminal and com mercial code, as well as codes of civil and criminal procedure for the Principality of Serbia. The trueness of the news shall be subject to examination, and the necessary explanations on the unclear spots of the newspaper articles shall be provided. [ABSTRACT FROM AUTHOR]

A decade ago Serbia has carried out the reform of judicial control of public administration by establishing the Administrative Court The expected results, however have not been achieved and the problems that caused the reform have not been resolved Therefore, a decade later a new reform is in sight The planned changes include establishing more administrative courts and introducing an instance administrative dispute The aim of this paper is to discuss there changes, but in a slightly different way Instead of their uncritical acceptance and justification by European legal standards, they are analysed having in mind the legal nature of the administrative dispute Successful administrative dispute reform cannot be achieved if European legal standards are blindly accepted and copied literally from classical court proceedings. Only the legal nature of the administrative dispute and the features that make it special and different from the usual court disputes can lead us to a successful implementation of the changes. [ABSTRACT FROM AUTHOR]

The role that convicted persons serve their sentences exclusively person has not been valid in the Republic of Serbia for a long time. Prison sentences may alto be executed the premises where the convicted person rest-des Such a solution is introduced by the 2009 Law on Amendments and Supple to the Criminal Code The Criminal Code does not prescribe the punishment of a prison sentence served in the premises where the committed person resides as a special punishment Install, the offender is sentenced to imprisonment, which is then created in the premises where he lives In criminal proceedings, the court is obliged to win hall the criminal sanction in a way that takes into account object and subjective circumstances the circumstances relating to the committed crime and is perpetrator. There are such perpetrators who it is necessary to sentence to prison but who thon not be sent to a penal institution The prison sentence may also be served in premises where they reside with or without electronic surveillance though, in a legally-binding sentence, the accused is sentenced to imprisonment in a penal position this does not necessarily mean that he will be placed into a penal institution to serve his sentence The amendments and supplement of the Criminal Code eave an opportunity far the convict to serve his sentence to the premises where he resides f the prescribed conditions are met This in on a possibility which may be decided on by the judge in charge of exe- curing contact u is decided that the convicted person shall see his sentence in the premises here he resides the next step is the execution of the sentence Not all come mom whore were their sentence in this was' are in the same legal position as there is individualization in the process of executing a sentence as well. This difference is apparent, above all, in the amount of time that a convict Is allowed to spend outside of the premises in which he resides. The focus of the authors' attention is precisely the punishment of imprisonment served in the premises where the convict resideds (the so-called house arrest). The authors deal with material aspects and aspects of execution of the sentence This paper focuses, among other matters, on the conditions for sentencing, models of execution of the sentence and the legal position of the convicted person while serving his sentence. [ABSTRACT FROM AUTHOR]

Term, critical infrastructure" became part of the post-Cold War security discourse when the first legal and political acts, containing this term, emerged The Law on Critical Infrastructure in the Republic of Serbia was adopted in 2018, and some of the most important issues regulated by the Law are the competences and responsibilities of entities in the critical infrastructure protection system The subject of our research was security management in the field of critical infrastructure protection. As a result of the research in the paper I Levels, types and competencies of security management in the field of critical in frastructure protection have been identified, 2 Their mutual relationship has been determined and 3 Recommendations of measures and solutions that need to be taken in order to establish an integrated protection system in this area have been given. [ABSTRACT FROM AUTHOR]

this paper at tempts to answer the question as to whether the right to "life and death" of a wo man (ius vitae ac necis) at the hands of male family members or partners is in deed a timeless category. Is it possible that in Serbia of the 21st century there is still a struggle to promote the "right to life" of wo men to the level of "basic hu man rights"? What contributed to the fact that the concept of innate human dignity based on "human rights", which dates back from the feudal social order, has not as yet fully come to life in Serbia as far as women are concerned. What social circumstances contributed to the Romanius vitae acnecis to outlive centuries and take root especially in Serbia, only under a different name - that of femicide? This notion has been defined as "gender based murder of women, girls, and babies of female sex by persons of the male sex". The murderers in cases of femicide include partners (ex/current, spouses or extramarital), family members or relatives: father, father-in-law, son, son-in-law, etc. Both expert and general public wan der whether enforcing more stringent norms by authorities or acting towards changing the consciousness of the abusers or both at the same time, can con tribute to eradicating this devastating phenome non in the 21st century. [ABSTRACT FROM AUTHOR]

Integrity of an individual means their preparedness and capability to resist challenges which bring to the fore personal above general interests. From the aspect of work of civil servants who perform public authority, the integrity is in special relationship with corruption – the more integrity means less corruption and vice versa. As an investigative method, in the majority of cases integrity testing refers to police officers and it makes an integral part of a (new) methodology of suppressing corruption within their own ranks. In addition to revealing corruptive activities and testing legality of police officers’ conduct, integrity testing can be used to assess the quality of use of police powers. Although integrity testing has been in use in comparative law for several decades, it was introduced into Serbian legislation in 2016, by adopting the Law on Police. Initially impotent legal regulations required fast amendment, which suggested that integrity testing concept had not been understood well in our country. The paper defines the purpose and essence of integrity testing as an investigative method, it determines various modalities of its application, it presents comparative regulations and analyses normative solutions in our country. Special attention is directed at internal and external aspects of application of integrity testing results, particularly their significance in criminal procedure. [ABSTRACT FROM AUTHOR]

According to the Serbian Family Act marriage is cohabitation between two persons of the opposite sex governed by the law. The same act, prescribes substantial and formal requirements for valid marriage. This paper aims to present a review of these requirements in domestic and comparative law as well. It analyzes each condition separately, giving an overview of their historical development and the way they are regulated today in different legal systems. According to domestic law, substantial requirements are the following: opposite gender, expression of will to get married, cohabitation and lack of marriage impediments. However, there is a tendency in the contemporary family law to reduce marriage impediments, which leads to the liberalization and facilitation of marriage formation. Since marriage is very often concluded in religious form, article also gives an overview of the ecclesiastical rules concerning marriage. Finally, it analyzes and compares statistical data concerning number of concluded marriages and divorces in Serbia thirty years ago and in present time. [ABSTRACT FROM AUTHOR]

Comtitutionul court, as a special institution of the centralised system of constitutional control, takes significantplace in a modem constitutional state. Tiie aim of this paper is to indicate the mainfeatures ofltalian and Serbian con-stitutional courts and their role in the development of constitutional svstems. Thе anahsis wiU. cover the SRope and quality of their competences, the way on which thev interpret the constitutional text and the quality ofdialogue tfiev develop with judicial andpolitical oigans. 77ie special focus wiR beput on the role of the Italian Constitutional court in protection of constitutional identitv which seems to have the кеу role in the development of the European constihitionalism today. [ABSTRACT FROM AUTHOR]

The right tofireefy decide on die conclusion or dissolution of marriage traditionally falls into the corpus of human and civil rights which are guaranteed both at the international and the national level. In Serbian legislation, the implications of being deprived of this right, particularly as a result ofcoercion or duress, are two-fold: in the sphere of civil law, it is one of the legal grounds for voidability of marriage (Art. 38 of the Family Act) while, in thefield ofcriminal law, it is qualified as a special criminal offence of forced marriage (Art. 187a of the Criminal Code). The initial text of the Criminal Code did not contain the incrimination of forced marriage, it was introduced by’novelties in 2016, during the process of harmonising domestic legislation with the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention), which was signed and ratified by the Republic of Serbia. Thus, Serbia assumed an obligation to adjust and enhance its system for the protection of victims of violence. The author in this paper seeks to examine the criminal protection from forced marriage in its historical vertical, analyzing earlier criminal-law responses to this phenomenon, critically considering the capacities ofpositive law, but also dealing with possible directions for itsfiirther development. [ABSTRACT FROM AUTHOR]

In international and national jurisprudence it can be noticed that, under certain circumstances, courts are prone to limit some of the owners’ entitlements with regard to their immovable property' so as to enable the use of such property by' other persons or families as their home. This Wend is due to the growing population on the planet, a drastic social stratification, mass migration and etc., on the one hand, and efforts to mitigate problems and growing tensions in society by pursuing appropriate social and legal policies, on the other hand. There are legal loopholes in this area that courts tend to eliminate by extensively intetpre-ting international conventions, sometimes even referring to something that is not stipulated therein. For instance, courts colloquially and in a simplified manner speak of limitations ofthe ownership right by the right to home. Systematic analysis of the relevant international documents, nevertheless, reveals that this subject matter is indeed covered by' three rights: 1. the right to adequate conditions for establishing home; 2. right to respect home and 3. right to protect home. Even though they are neither exhaustively• enumerated as such in intentional documents, nor terminologically determined, theyt make a logical sequence that undoubtedly emanate from the human rights catalogue and court decisions that have been rendered in past seventy years. In the jurisprudence of the European Court of Human Rights and national courts, ownership right has been mainfy constrained so as to enable an uninhibited life in the space considered home and so as to prevent eviction from that space. In such circumstances, the court shall give the preference to one of the two fundamental rights: the ownership right or the right to home. This is achieved through the so-called balancing of interests. In order for the outcome of such balancing to be as fair as possible, it is primarily necessary to determine whether a particular space can be considered home. In this respect there often exist certain dilemmas. They' are the consequence of the absence of a precise definition, or even of a more widely accepted terminological determina-tion of the notion home. In this paper, this phenomenon is diSRussed in detail in a broader historical and comparative context. The analysis has revealed that in Europe from ancient times to the end ofXIUI century, home was considered a community of persons and goods (univesitas rerum et personarum), and that it consisted of two components: tangible (referring to the space and things) and intangible, spiritual (referring to the connections between community• members and their emotional connection to the space). The emergence of liberal ideology; associated with materialism and an individualised concept of law, influenced the change in its perception. In the modern world, and especially in the field of economy, home has been reduced to the living space. Nevertheless, when considering the request to limit the ownership right so as to preserve home, the court shall establish if there are spiritual attachments of the user to the specific living space thatjustify preferring his/her needs over material interests ofthe owner. Eventually', provided that the court decides to limit the ownership right, it shall determine how the owner will be compensated for the use of his/her space. As a ride, that burden shall be borne by the person who continues using that space. If, however, that turns out to be impossible, financial means for the use of living space shall be secured by' the state from the finds aimed at financing social programs. By• way of ratified international conventions, the state is, in general, obliged to do that. Besides, the article also gives an overview of the examples of active legal policies and examples of good practice in comparative law. The legal policy of the Republic of Serbia and its court practice in this respect are also examined. [ABSTRACT FROM AUTHOR]

Election campaigns, as essential political activities, receive great attention because of their potential to significantly influence voters, and therefore the final outcome of the electoral process. For precisely this reason, the election campaigns in the 21st century are carefully planned and implemented. Taking into account all the elements and structure of the election campaign, special consideration should be given to media which are extremely powerful in terms of placing political messages and shaping public attitudes and opinions, particularly those of abstaining voters, first-time voters or voters not identifying with any party. In this respect, through a review of components of the election campaign, the paper aims to point to its importance and the impact it has on election results, with particular reference to the election campaign for presidential elections in the Republic of Serbia in 2017. [ABSTRACT FROM AUTHOR]

In the first part of the paper, the author points to the roots of anti-corruption provisions in medieval Serbian legislation which were enacted even in St. Sava’s Nomocanon. Then the concrete provisions of the Nomocanon that have an anticorruptional character and which recall some modern institutions are analyzed. These are the prohibition of giving and receiving bribes in context of Simonia (selling of priests range), the prohibition of the conflict of interests, which is recognized in forms of nepotism and ofperforming of spiritual and secular functions or of two spiritual functions at the same time, and the obligations of the monks and priests to report and clearly separate their own property from the church one. The author concludes that at a time when anti-corruption rules were in force in medieval Serbia, they were at a high level of legislative technique and could have represented more than a solid basis for its eradication. [ABSTRACT FROM AUTHOR]

This paper analyses one of the most important and current issues related to the liability of the defective product producer, given that this form of liability has gained importance as a result of the development of consumer rights, the emphasis being on development risks as one of the bases for the exoneration of the producer as a responsible person. After a briefpresentation of the liability of the producer of the defective product, the focus of the paper shifts to the institution of development risks, which is presentedfirstfrom the aspect of the Directive on Liability for Defective Products in which itfirst appeared, while analysing the views of the European Court of Justice and all open issues thereof, as well as the recognition of its advantages and disadvantages. The final chapters of the paper examine whether development risks alter the legal nature of the producer’s liability, i.e. whether they lead to the penetration of subjective elements into his traditionally objective liability, and analyse the justification for introducing this institution into the Serbian legislation, with the identified advantages and disadvantages. [ABSTRACT FROM AUTHOR]

The author deals with the analysis of the effectiveness and efficiency of the work of the state bodies of Serbia, above all the police, public prosecutor’s office and the court, in countering domestic violence. Namely, by adopting (2016) and implementing (June 2017) the Law on Prevention of Domestic Violence (hereinafter - the Law), the police have a key role to play in this area. Many studies have shown that since the incrimination of the crime of domestic violence into our penal system in 2002, in the official records of the police, public prosecutor’s office and court, this socio-negative phenomenon has increased many times. The opposite trend did not follow even after the adoption (2005) and implementation (2006) of the Family Law, and incrimination into our legal system of family legal measures to protect against domestic violence. It is evident that the state was looking for more effective ways to counter this phenomenon. However, it should be borne in mind that, although everyone is aware of the phrase ‘the most effective kangaroo court’, as such, no matter how fast the issues are resolved, there is nowhere in modern democratic society, nor does anyone consider such a trial. Respect for human rights requires certain procedures and rules that inevitably slow down proceedings and adversely affect efficiency. Public prosecutors and courts play a major role in criminal and civil proceedings in countering domestic violence. The Public Prosecution Service charges and sues, and the court rules. The police take measures as ordered and under the control of the public prosecutor's office and the court. However, the Law gives the police a new role, independently, ex officio, in a time-limited and urgent procedure, to pronounce urgent measures for 48 hours. The court can extend them for another 30 days, but it cannot repeal. The author of this paper looks at the results achieved in combating domestic violence after the new law was passed, and has this socionegative problem been addressed by prescribing urgent measures and leaving a key role in combating domestic violence to the police? In doing so, the author concludes that the Law does not give the police the opportunity to choose when passing orders. If the risk assessment indicates the least suspicion that domestic violence may occur in the immediate future, then immediate action is taken. That is why more urgent measures have been pronounced in Serbia in a year than in countries with similar population at the five-year level. However, the number of women killed is constant and has not been reduced by the implementation of the Act. [ABSTRACT FROM AUTHOR]

This paper is a synthesis of research results stemming from the author’s earlier studies on the unsuccessful attempt of drafting the first civil code in the Principality of Serbia in the period from 1829 to 1835. The failure of this codification effort is observed in light of several important historical facts reflecting the relations between Prince Miloš Obrenovic and the Legislative Committee. Prince Miloš was indeed the one who initiated the drafting of the civil code, which was to be modelled on the French Civil Code of1804. Moreover, the Committee membership was appointed by the Prince himself. Yet, in the specific historical circumstances, the Prince’s initiative was actually a political move largely forced by the widespread discontent with his autocratic rule without enacting legislation. Many indications suggest that Prince Miloš assumed that the public discontent would subdue if he were recognized in the public eye as the one who had established the Legislative Committee for drafting the civil code, and that it would suffice to allow the Committee to embark on the codification work. Yet, Prince Miloš was not genuinely interested in a successful outcome of this project. It is rather symptomatic that the members of the Legislative Committee, which were appointed by the Prince himself, had no legal knowledge and skills for such a serious codification project. On the other hand, Prince Miloš frequently acted on his own accord, kept changing the Committee members without any explanation, allowed frequent interruptions and long periods of inactivity, and granted long leaves of absence to individual members of the Committee. When the Committee finally prepared the draft version of the civil code, Prince Miloš was highly negative and critical about it, and he practically dismissed it altogether. The manuscript of this draft civil code has not been preserved in the historical archives. Bits and pieces of its content may barely be reconstructed, mainly by examining the contents of letters in which Prince Miloš passed his extremely negative remarks and extended his criticism on the draft civil code. [ABSTRACT FROM AUTHOR]