Search

nema

The author presents a critical analysis of the Working Paper on the Ministry of Justice Amendments to the Constitution of the Republic of Serbia from the perspective of three constitutional principles: legitimacy, checks and balances, and the rule of law (legal state). In effect, during the purported public discussion in 2017, even before the Working paper came into light, Ministry representatives had been advancing those principles as arguments for the normative solutions that appeared in the Working paper. The aim of this article is to examine whether those three principles are relevant or irrelevant for the good judiciary and, if they are, why and in what way. Upon this analysis, the author draws a conclusion on the values of constitutional proposals that the Ministry of Justice is promoting in its Working paper.

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The aim of this paper is to analyze the circumstances under which private parties (natural and legal persons) can have a legal standing in annulment actions in EU Law. The limitations imposed on these private parties justifiably mark them as non-privileged applicants. Besides proving the legal grounds for initiating an annulment action and the compliance with the short preclusion period, two additional conditions must be cumulatively met: the non-privileged applicants must prove that they are directly and individually affected by the challenged act. The latter requirement, which is more disputable and difficult to meet, is additionally made more stringent in the jurisprudence of the EU Court of Justice. Therefore, the central part of the paper focuses on the analysis and criticism of the Plaumann test as an extremely strictly set application test for acquiring a legal standing by private parties. In light of understanding EU law as a comprehensive legal order including a complete system of protection of individual rights, the paper provides an overview of arguments and counter-arguments for a prospective reform of the Plaumman test. The analysis leads to the conclusion that the limiting conditions for locus standi of non-privileged applicants, as well as the occasional unavailability of legal remedies before national courts, are the shortcomings of EU law as an order that strives to achieve the rule of law and bring the EU closer to its citizens. In the past decades, the Plaumann test served as a tool for effectively denying the legal standing to private parties. Although the Treaty on the Functioning of the European Union (TFEU) has made some progress in the direction of liberalizing the acquisition of locus standi, it is only the case in a limited and narrowly defined number of situations. [ABSTRACT FROM AUTHOR]

This paper primarily considers the legal framework for the formation and functioning of a joint investigation team at the level of the European Union, with specific reference to the consequences that these rules may have on shaping the legislative framework of the Republic of Serbia in this area. In analyzing the Serbian normative framework, the authors particularly focus on practical considerations in the process of setting up of a joint investigation team and the original elements of this progressive tool of international cooperation, established and funded by Eurojust (EU Agency for Criminal Justice Cooperation). The second focal point of this paper is the support that may be provided by Eurojust in the process of formation and functioning of joint investigative teams, whose participants include both EU Member States and non-EU countries. In this regard, the authors consider the cooperation of the Republic of Serbia with Eurojust and present the opportunities for further strengthening of international cooperation with the EU Member States Union after signing the Cooperation Agreement between Eurojust and the Republic of Serbia in 2019. The advantages of this instrument of international cooperation are illustrated by referring to successful examples of joint investigation teams supported by Eurojust. [ABSTRACT FROM AUTHOR]

The paper examines the legal status and treatment of crypto assets in the context of contractual obligations. The analysis begins by considering the evolution from cryptocurrencies to crypto-goods, with special reference to definitions and terms used in the context of private law transactions. Then, the author focuses on the contractual parties under the EU Regulation on Markets in Crypto Asset (MiCa, 2023) and the Serbian Digital Assets Act (DA Act, 2020), where crypto-assets are predominantly treated as investment assets. Special attention is given to e-money tokens in the context of monetary obligations, as well as to Non-fungible tokens (NFTs) that have not yet been covered by regulations. The paper also refers to the contracting of crypto services, exploring how contractual relationships are formed and regulated, and elaborating on legal transactions based on contracts within the blockchain environment and tokenization. In conclusion, the paper draws attention to the problematic terminology used in the Serbian Digital Assets Act (2020), stating that the term "digital asset" (srb. "digitalna imovina") is too broad and inadequate, and proposes the term "crypto asset" (srb. "kripto dobro") which is defined through two key elements: the private nature of the good and the use of cryptography within the Digital Ledger Technology (DLT). This paper correlates the general theory of contract law and nominate contracts when the contractor's performance is in crypto. [ABSTRACT FROM AUTHOR]

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Once a court renders the final judgment, it sets in motion the procedure for the execution of the decision stated in the formal/operative part of the final judgment (disposition). The final judgment is the result of a meticulous factual reconstruction of the committed criminal act and the application of criminal law norms to the established facts. Being rendered in the final stage of the conducted criminal proceedings, the final judgment is the pinnacle of the institutional response to the suspicion that the defendant's conduct has satisfied the essential elements of a specific criminal offence. The right to file an appeal against the final judgment of the first-instance court ensures the judicial control of legality and regularity of the final judgment rendered in the first-instance proceedings. The appellate court decision is final, legally binding and enforceable. The harmful effects arising from the execution of a final and binding judgment (or legal deficiencies stemming thereof) may be removed only by a subsequent decision of the supreme court rendered in the proceeding initiated by lodging a claim for extraordinary legal remedies, in compliance with the legally prescribed procedure. The final judgment of a lower court may be annulled for factual or legal (substantive or procedural) shortcomings. This paper examines the deficiencies pertaining to the legal grounds of the final judgment. [ABSTRACT FROM AUTHOR]

In order to achieve good business results, a company has a number of incentive measures at its disposal to motivate employees to be more productive and efficient in performing their activities. In comparative practice, one of the most successful corporate management measures is the plan for allocating shares to company employees. By introducing amendments to the Business Companies Act, this plan has become an integral part of the legislation of the Republic of Serbia. This innovation in corporate management applies exclusively to limited liability companies. For the purpose of implementing this incentive measure, two new terms were defined: the reserved own share (ROS) and the right to acquire shares as a financial instrument. In this paper, the author analyzes the Employee Stock Ownership Plan (ESOP), examines the diverse applications of the ESOP in comparative law, considers the reasons for its adoption and the adoption procedure itself, and outlines the benefits of its implementation in the national law. [ABSTRACT FROM AUTHOR]

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Artificial Intelligence (AI) has the capacity to transform education and generate a new learning paradigm. The multidimensional process of integrating AI in education entails various technological, economic, legal, social and pedagogical issues. This research paper explores the regulatory frameworks on AI technologies at the international, regional and national level, focusing on documents related to AI use in education. The first part provides an insight into the broad AI conceptual framework and AI-related terminology. The second part provides an overview of documents on AI adopted at the international level (OECD, UNESCO), regional level (EU, CoE) and national level (Serbia), with reference to documents aimed at shaping the use of AI in education. The third part outlines the benefits/opportunities, drawbacks/challenges, concerns/risks and key considerations in the process of integrating AI in education. Based on the research findings, the paper points to the importance of a balanced, human-centered and pedagogy-driven integration of AI technologies, based on carefully designed regulatory framework in line with the highest ethical principles, pedagogical standards and guaranteed human rights. Relevant infrastructure, resources, support, guidelines, and practical training on AI literacy and competencies are essential for transparent, responsible and safe integration of AI in education.

The power that comes from the people and the power that belongs to the people is a principle that arose after the French bourgeois and American revolutions. In Serbia, it found its expression at the famous St. Andrew's Day National Assembly (1858). Although the national assembly was not envisaged in the legislation, under the Turkish Hatiserif (the Constitution of 1838), all political actors, the prince, the council oligarchy and supporters of the Obrenović dynasty saw a possible way out of the current political situation in convening this assembly. In this context, the paper first provides a historical overview of national assemblies in Serbia, including an insight into the political events preceding the St. Andrew's National Assembly (the rule of the Defenders of the Constitution, Tenka's conspiracy, and the adoption of the Law on the National Assembly of 28 October 1858). The author elaborates on the dissatisfactions of all factors in the country, the urban and rural population, certain authorities and the leading political forces, and discusses the circumstances that accelerated the convening of the National Assembly on St. Andrew's Day (30th November 1858). The reasons that contributed to the final decision on convening the Assembly can be seen through the letters exchanged by some actors of these events. The central part of the paper focuses on the process of convening St. Andrew's Day National Assembly in Belgrade and its subsequent sessions (from 30 November 1858 to 31 January 1859), including presentations of viewpoints and request, and the events during the three-day revolution (10th -12th December 1858). Then, the author discusses the outcomes of St. Andrew's Day National Assembly: the overthrow of Prince Aleksandar Karađorđević, the return of Prince Miloš Obrenović, and de facto disempowerment of the Council. St. Andrew's Day National Assembly contributed to legalizing the work of the national assembly as one of the bodies of the supreme authority but the most important outcome was the strengthening of people's awareness about national sovereignty