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Scientific journals represent the most important tool of communication between scientists. The key factor for the evaluation of scientists is their scientific productivity. In order for their scientific work to be positively evaluated, it is necessary for scientists to publish a considerable number of papers in journals indexed in relevant commercial databases (of which the most important are the Web of Science Core Collection and Scopus). What also matters is that the published articles are highly cited. This preoccupation with numbers has changed the publishing culture and today, scientists are more preoccupied with how much and where they publish than with what they publish. The result is a significant increase in the number of journals and published papers, but this increase does not necessarily lead to the growth of science itself. Publishing pressure is often cited as a reason for scientific misconduct. This paper explores some of the biggest challenges in academia today: transparency and impartiality of the peer review process, publication of papers in predatory journals, growth of co-authorship, prolific authors, ghost writers and honorary writers. The paper will explore these challenges in the context of the Croatian Scientific Activity and Higher Education Act and the Ordinance on Academic Promotion and Advancement Requirements and Proceedings.

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The paper focuses on the legislative changes from 2021 that the Law on Digital Assets introduced into the legal system of the Republic of Serbia and contextualizes the amendments from the perspective of existing practice. Introductory part evaluates the issue of whether blockchain technology can secure trust and safety in the transactions that are executed via Internet by parties from all over the world, as well as reasons that created the regulatory framework for values that are transferred over distributed ledger technologies infrastructures. Main part of the paper examines in detail the legislative solutions within the Law on Digital Assets as well as key exceptions and terms and their impact on the local economy. The section is followed by an overview of the draft legislation in EU in the field as well as how it may impact Serbian economy as a third country. Aside from concluding remarks on legislative changes domestically, the paper outlines potential upcoming challenges related to blockchain and instruments that may require a different approach in regulation.

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 Knowledge: International Journal is the property of Institute for Knowledge Management 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 Knowledge: International Journal is the property of Institute for Knowledge Management 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.)

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]

Copyright of Zbornik Radova Vizantološkog Instituta is the property of Institute for Byzantine Studies of the Serbian Academy of Sciences & Arts 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 paper addresses the issues pertinent to the relationship between the prison social climate and departments as well as treatment groups at penitentiary facilities (MQPL survey). The focal objective of this paper is to investigate potential differences in how the prison life quality is perceived by persons who reside in different departments and treatment groups. A sample of 616 convicted adult persons was used for this research, which was conducted in 2022. The respondents were serving a prison sentence at penitentiary facilities in Niš, Sremska Mitrovica, Požarevac-Zabela, Belgrade, and the Penitentiary facility for Women in Požarevac. Analysis of variance and descriptive statistics were used. There is a clear pattern in the results of the analysis, namely that person in semi-opened departments rate the quality of prison life significantly better than persons in closed departments. The authors link the obtained results with prison deprivation, risk assessment, and opportunities for improving the prison social climate.

The paper examines the historical account of punishing individuals from the earliest civilized societies to the current postmodern era. The notion of punishment is interpreted in the paper as a moral sanction (internal and external), as well as a physical punishment, which over ages turned into torture whose purpose was punishment for punishment's sake, not moral correction of violators of custom or law, to be useful upon their return to society. The transition from torture as a religious ritual to torture which grows into a culture of punishment is pointed out. Punishment in conditions of war and peace has a specific dimension. War as a teacher of violence (Thucydides) in most cases takes away the meaning of punishment which has a moral function in peacetime. But even in times of peace, punishment is relativized. Michel Foucault writes about the contemporary panopticon and the supervision of the individual in society, who is, above all, punished by the institutions of positive morality and remains without personal identity, no longer as a self-conscious individual but as a simple individual. Under the influence of biopolitical power, he is deprived of responsibility for his own existence. He is entangled in invisible threads of social roles, like a spider's web, that he eventually stops being the bearer of. When he wants to make a moral judgment about a social relationship or a phenomenon that does not coincide with his understanding of the social world, he feels powerlessness or remorse because he cannot bear that his isolated value judgment clashes with the interests and public opinion of the dominant social group.

The paper examines the intricate relationship between social values and succession law, specifically focusing on the Slovak legal system. Drawing on Thomas Hobbes's notion of law as society's collective moral compass, the paper argues that social values not only form legislation but can also be shaped and redefined by the law. The paper begins with an overview of the Slovak succession law, grounded in Act No. 40/1964 Coll. the Civil Code. The paper then delves into the role of social values as both limits and frameworks within which succession law operates. Five vital social values are examined in detail: liberty, family relationships, equality, responsibility, and community welfare. The paper scrutinises how these values are manifested in the Slovak succession law, illustrating both the alignment and tension between social values and legal norms. In particular, the author explores the balance between individual liberty and family relations in succession, the evolving recognition of various family forms, the implications of equality within the context of succession, the moral and legal responsibilities of heirs, both towards the deceased and towards third parties, as well as the broader societal implications of succession law in promoting community welfare. While the Slovak Civil Code has been subjected to ample and substantial amendments in the past years, the analysis reveals that it still reflects the societal norms of its time of origin. In response to societal shifts, further revisions may be necessary to align it with contemporary social values and family structures. The paper may contribute to understanding the dynamic interplay between law and society within Slovakia's succession law framework, but the presented insights may also pertain to other jurisdictions.

The subject matter of this paper is unilateral annulment of marriage from the perspective of Roman law. In the Roman legal system, this institute was known as repudium. Repudiation was present both in matrimonium cum manu and in matrimonium sine manu. In matrimonium cum manu, repudiation was allowed only to men; in matrimonium sine manu, it was allowed to women as well. In this paper, the author examines the form, the requirements and repercussions of repudium in Roman law. The paper also considers the role of the paterfamilias, who had enormous power in the first half of the Roman Republic. Marriage could not take place without the consent of the paterfamilias; thus, it would be null and void ab initio in compliance with the rule quad nullum est nullum producit effectum. The liberalization of marital relations gradually contributed to reducing the role of the paterfamilias. Ultimately, repudiation resulted in a huge number of divorces. Such practices were perceived as a social problem by a number of Roman emperors, who tried to counteract the negative phenomenon by enacting relevant legislation.

The paper examines potential obstacles to dissolution of a coownership community. Although the basic premise is that any co-owner can request the dissolution of the co-ownership community at any time, the presence of certain obstacles may result in its postponement. Delaying the dissolution to a later moment may stem from the will of the co-owners expressed in the form of an agreement to waive the right to dissolution. The paper suggests its optimal form, the need for introducing an annotation of the existence of this agreement in the real estate cadaster, and solutions regarding the preferred period of suspension of dissolution by such agreement. An obstacle to dissolution may result from circumstances where the co-owned thing serves a particular long-term purpose. These are instances of the so called non-independent co-ownership communities where the longer-term purpose for which the thing serves conditions the need for the peristence of the co-ownership community. Lastly, an obstacle expressed through the legal standard of inopportune time or harm to other co-owners reflects the obligatory nature of the co-ownership community, necessitating respect for the interests of other co-owners. If the obstacle is temporary rather than permanent and can be overcome in the near future, the court may postpone the dissolution provided that an evaluation of both parties' legitimate interests suggests so.

Crime scene investigators are responsible for the identification, collection, packaging and storage of physical evidence discovered at the crime scene, which is the basis for conducting proper investigation. In line with technological development, the crime scene investigation increasingly involves the use of advanced technologies with the aim of creating a virtual reality that should facilitate the investigators' work. In this paper, the author examines the concept of virtual reality (VR) and some types of extended reality (XR, AR, MR). The central part of the paper focuses on different methods of visualization of the crime scene by using VR technology. The last part of the paper focuses on to the use of VR by students for educational purposes.

Artificial intelligence is becoming an increasingly significant factor in social and economic life. As it is capable of performing a large portion of tasks as well as or even better and faster than humans, its use is becoming widespread, ranging from simple tasks in manufacturing plants to participating in online conclusion of contract and even in diagnostics and surgical procedures in medicine. Although it represents a huge potential for progress and development in society and the improvement of quality of life of an individual, it also brings significant risks. The question of the legal personhood of artificial intelligence was raised long before it became such a significant factor in legal transactions. However, in the last decade, it has become particularly relevant. Despite this, there is disagreement in the doctrine, both in terms of terminology and regarding whether artificial intelligence should be recognized as a legal subject or not. The paper presents various arguments on which authors advocating for the recognition of legal personhood of AI have based their stance, as well as reasons on which other authors base their skepticism towards expanding the circle of legal subjects in favor of artificial intelligence. At the end of the paper, based on the analysis of the presented views and arguments, the authors take a stance on whether and under what conditions legal personhood should be recognized to artificial intelligence.

The subject of this paper is the suspensive effect of a claim in an administrative dispute - in comparative and domestic law. Comparative law analysis includes German and Austrian law, having in mind that Serbian judicial control of administration is the closest to their systems. In the explanation of domestic law, we first start from a historical review. The central part of the paper deals with the valid legal regulations in domestic law. The results of the research, which, in addition to legal norms, also includes theoretical explanations and court practice, show a fundamentally different approach to this issue. Different approach leads to a different role of the court in providing this provisional legal protection to the parties. Regardless, however, of the form in which it appears, the question of suspensive effect of a claim in an administrative dispute is always connected with weighing the engaged interests and trying to establish some balance between them.

The subject of this paper is to provide with the analysis of the substantial and procedural aspects of disinheritance under the Slovak law, based on the revision of the Slovak Civil Code and certain selected court decisions. The paper also analyses the procedural aspects of disinheritance disputes, which mostly results in the proceedings before the court and emphasises the different approach of the courts in assessing the various grounds for extradition.

In this paper, the provisions of the private international law of Montenegro and the Republic of Serbia in the field of inheritance are comparatively analysed. Firstly, the legal norms on the international jurisdiction in both states, from the aspect of prevention of positive conflicts of jurisdiction are examined, followed by the analysis of the rules for determining the applicable law for inheritance. Then, Private International law issues (jurisdiction, applicable law and mutual recognition of decisions) are discussed through six hypothetical factual situations, in order to illustrate the problems of coordination that courts, i.e., notaries in these two countries may face in deciding the cases regarding inheritance with a foreign element. The aim of the paper is to examine whether the differences in the legal norms on international jurisdiction and applicable law have a negative impact on the resolution of inheritance law cases related to two states and to consider possible solutions in order to eliminate this negative impact.

The management of industrial solid waste is regulated through several legal acts in Serbia, and in the last few years intensive work has been done to improve the legal norms that regulate the conversion of waste into materials that are no longer waste, in order to achieve the goals, set by the Green Agenda and the National Waste Management Plan. This paper provides an overview of the legal regulations which are regulating waste management, with special reference to acts and articles of acts that regulate the reuse and recovery of solid industrial waste. Possible obstacles and doubts that may arise when interpreting legal provisions are listed, with a focus on similarities and differences in the guidelines for converting waste into a by-product and material with and of waste status, the possibility of hazardous waste recovery, and the specifics of importing waste that is no longer waste into Serbia from one of the countries of the European Union. Through an example of converting fly ash into a useful cementitious raw material, some difficulties that have been encountered so far in practice are illustrated. In the conclusion of this paper, certain measures were proposed to overcome the mentioned obstacles in the implementation of the circular economy through the encouragement of the recovery of industrial waste.

Copyright of Anali Pravnog Fakulteta u Beogradu is the property of University of Belgrade, Faculty of Law 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 jurisprudence of the Court of Justice of the EU affects the understanding and protection of human rights in the European Union, including the right to property. Human rights in the European Union are regulated by the Charter of Fundamental Human Rights, and the standards established by the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights are also taken into account. This paper provides an overview of how the right to property is defined and how it was applied in certain cases before the Court of Justice of the EU, concretely, in relation to the fact whether a certain limitation of this human right is unlawful. In this way, an analysis of the procedure in which the proportionality test is applied in practice was carried out - that is, the balancing between general and individual interest, when it comes to the unrestricted enjoyment of the right to property. Some of the presented cases are atypical in terms of their facts and the legal context in which the selected decisions were given. It is precisely for this reason that the paper presents the evolving dimension of the Union law, that is, the legally creative and interpretive role of the Court of Justice of the EU.

The paper discusses several important issues related to the regulating of electronic commerce and their incorporation into the WTO legal system. First of all, the subject of the study is the relevance of the existing legal framework for this new area, with a special focus on the General Agreement on Trade in Services. Within that framework, the approach to the practice of dispute resolution in the given segment is considered. The paper also discusses the institutional efforts undertaken in the WTO with the aim of regulating electronic commerce. In particular, some of the possible courses of action are systematized and critically analyzed and suggestions are made for realistically feasible solutions to the problem of legal regulation in the given area. The paper concludes that electronic trade has posed a complex legal challenge to the WTO, which must be answered urgently and as comprehensively as possible. However, the existing legal rules of this organization are only partially applicable to the given area. The attempts to extend the relevance of the given rules through the practice of dispute resolution in WTO have a limited scope. On the other hand, the activities on institutional improvement through negotiations in the WTO are blocked due to the different positions of the member countries. Therefore, we are of the opinion it necessary to create a realistic approach that would be widely acceptable, and which would combine the development of the most general rules, while simultaneously resolving practical issues related to electronic commerce.

Due to the extraordinary circumstances caused by the covid-19 virus, numerous states adopted different measures in order to mitigate the consequences of the epidemic, and many of them represented a restriction of human rights and freedoms. This paper is devoted to the analysis of (legal) consequences caused by epidemic measures in the Republika Srpska adopted during the state of emergency. In particular, the legal and sub-legal provisions regulating the actions of authorities in extraordinary circumstances are analyzed, as well as the practice of the Constitutional Court of the Republika Srpska. The aim of the paper is to show that the by-laws, enacted during the state of emergency, were largely in conflict with constitutional and statutory provisions, and it is particularly striking that numerous measures were enacted by non-competent authorities. Although it is an unquestionable obligation of the state to react in a state of emergency, that reaction must be in accordance with the principles of constitutionality and legality, since extraordinary circumstances cannot be an excuse for violating the fundamental values of the legal order. From that point of view, the decisions of the authorities of the Republika Srpska during the state of emergency caused by the covid-19 virus are paradigmatic, but as an anti-model.

The paper addresses the meaning of the Digest of Justinian 9.2.27.14, which deals with the case of damage caused by contamination of the soil by weeds. The author of this paper concludes that neither Celsus nor Ulpian had any doubt that in the case of the contamination of soil an interdictum quod vi aut clam could be brought, but only within a period of one year following the damage. This interdict is granted to either the owner, and, if the land was subject of the contract of lease, to the tenant (lessee), but only to one of them. Furthermore, an Aquilian action could also be brought, but only one of these two legal instruments could be used. The lawsuit could be brought both by the owner or by the tenant. The actio is granted to both the the owner and the lessee, not as an actio directa, but as an actio in factum ex lege Aquilia. The reason for this cannot be established with certainty.

The first part of the paper analyzes the principle of legality in business and the basic features of the compliance function. Taking into account that the principle of legality in business is one of the core pillars for achieving good corporate governance, having a person who will perform the compliance function is of great significance. The legal position of the compliance officer may be differently regulated, whether as an employee or an outsourced expert. The second part of the paper deals with these two options taking into account the standing practice in the United Kingdom and Germany, where the compliance function has a long tradition. These examples may be challenging for Serbia to follow, since its compliance function is at the very beginning, although having a compliance officer (team) as an employee should be the ultimate objective. In the meantime, the authors propose for Serbian companies to hire compliance officers as interim managers as a solution.

The paper presents results of a research focusing on a four decades' struggle for legal recognition of the right to conscientious objection in Socialist Yugoslavia. Without a pretense to evaluate it, the paper aspires to describe and explain the evolution of Yugoslav Military Criminal Law by examining its distinctive historical causes and inner logic. Methodologically, the study relies on normative analysis of relevant legal sources that have been either understudied or simply disregarded. It analyzes especially the 1989 Amendment to the Military Service Obligation Act that introduced the right to conscientious objection into the Yugoslav socialist legal system , as well as related archival materials, newspaper reports and other written accounts depicting the political background of the 1989 legal reform. The study sheds light on socialist secularism and questions the common perception of the Yugoslav People's Army as a conservative institution unwilling to compromise. It also contributes to a broader theoretical discussion on the ambiguous nature of conscientious objection as a right and/or a privilege.

The paper analyses the legal remedies for the protection of the right of ownership in Macedonian property law and in comparative law. This research focuses on the protection of ownership in the Macedonian property law system, as guaranteed by the provisions of the basic Ownership and Other Property Rights Act. This Act regulates different types of petitory actions (lawsuits) for the protection against infringement or interference with the ownership right whose scope and effectiveness will be analyzed in this paper. The analysis will extend to special laws regulating some form of protection of the ownership right. The paper also includes a comparative analysis of the legal mechanisms for protecting the right of ownership in the legal system of EU member states and other European countries, pinpointing the similarities and differences in the legal approach to protecting the right of ownership between countries. Considering that the right of ownership is protected by Protocol 1 of the European Convention on Human Rights, the paper will also address the European Court of Human Rights approach to protecting the ownership right under the Convention.

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.

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.

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.

Due to limited resources and information asymmetry, the responsibility for tax compliance and compliance with other regulations is in practice often transferred from clients to their accountants (i.e. providers of accounting services). Consequently, the unethical attitudes and behavior of accountants can significantly impact the clients' business activities, through advice on how to operate in compliance with the regulations or advice on how to exploit the existing regulatory framework. The main goal of this paper is to provide a comprehensive overview of existing research questions, methodological approaches and most important findings regarding accountants' (non)compliance with regulations and ethical principles of the accounting profession. Special attention is given to the existing literature findings on ethical beliefs and factors affecting the (un)ethical conduct of accounting professionals. The findings presented in this paper do not provide for an unequivocal designation of determinants of ethical beliefs and behavior of professional accountants. However, they do indicate a great importance of adequately focused educational measures, creating adequate incentives to resist pressure to behave unethically, and ensuring a high level of accountants' familiarity with the best practices when providing accounting services. In this regard, the existing codes of ethics and their consistent application are of great importance.

The role of state administration and its public institutions in certain circumstances represents one of the most significant issues in the last twenty years following the serious security crisis caused by terrorist attacks in New York on 11 September 2001. The accent of public administration reforms was on efficiency and effectiveness of public institutions. Reforms were divided into deregulation and liberalization of public services, territorial decentralization, and regionalization with the strengthening of local government institutions and reform of central government administration. After the security crisis in 2001, financial crisis in 2008 and health crisis in 2020, the role of state institutions and public authorities in governing the state was redefined. The leading motives of general liberalization of public services, deregulation, and various forms of decentralization of public institutions abounded due to the new doctrinal approach of governmental organization. New strengthening of public authorities and public institutions became the new mainstream in the organization and functioning of the state. This paper analyzes how the role of the state can be modified due to the dynamics of social, political, and economic changes in society. New governmental reforms are contrary to earlier political and administrative measures, which include the strengthening of public institutions and concentration of public authorities. The government takes on a regulatory function in many aspects of social, political, and economic life. This situation leads to a new organization of the state, where public authorities take on a significant part of the responsibility to regulate various aspects of economic and social activities. At the focus of this paper will be how the dynamics of specific circumstances in society can affect the developing processes of the state and their public institutions. Those processes have economic, social, and political dimensions. The economic dimension includes regulatory measures on the market which contributes to development of the framework for economic development. The social dimension includes measures of social policy focused on improving the social position of citizens according to the economic development of society. The political dimension includes various aspects of security policy, with various protective measures in the community, which depends on the type of treatment for security of citizens.

Political power and state institutions, primarily in the sense of inter weaving and reduction of their political power, is a research topic that has been going on for thousands of years. Many have studied the intertwined corridors of these political phenomena, but they have never been able to fully explore this topic. In this paper, their causal relationship is analyzed, with a special emphasis on the tendency of political power and state institutions to become alienated, in which these "servants of the people" are transferred over time to lords, which is why this paper starts from the position that political power wants to subordinate state institutions. The scientific importance is primarily contained in the effort to further enrich the scientific fund in the field of political theory and the state. The aim of the research is much more ambitious and is contained primarily in the intention to point out all the positive and negative repercussions that arise from the complex relations between the political power and state institutions, with the intention of pointing out these social anomalies and to increase the degree of democratization, but also functionality of society as a whole

The paper has discussed the violation against education facilities in Gaza Strip from the International Humanitarian Law (IHL) perspective 1 , explaining the challenges and the impact of armed conflict on education rights. The paper will identify those violations and will propose methodologies to improve the adoption of the IHL against them. Moreover, it will discuss the policies to decrease the impact of those violations and propose techniques to respond to the threats against children's rights within the war duration. It will be analyzed the applied IHL in the protection of the education system in Gaza Strip from the attack which happened in 2021 by exploring the efficiency of the IHL impartially. In this research, a qualitative approach has been adopted as a primary source in exploring how educational institutions should be protected within IHL (which should be respected) during attacks. As per the descriptive study, the research will investigate the importance of protecting children's educational institutions in armed conflict situations. The assessment of child protection was considered in the escalation of Israeli attacks on the Gaza Strip in May 2021. The main source of data has been collected using different media such as Telephone-based semi-structured interviews, E-mail correspondence, documentary review, and agencies working in child protection in Gaza Strip; in addition, other secondary sources have been considered, such as desk review, reliable journalism, and published academic research. Continuous military operations throughout Gaza Strip compose dramatic challenges to getting highly qualified education in a safe environment for children. The air strikes and rocket attacks prevented 637,1952 students from being in school in a safe environment (Jeanne, 2008). Other reports addressed that Israeli airstrikes destroyed over 184 schools in 2021 3and caused partial or severe damage to others. As addressed in other reports, the students and the academic staff have suffered from different cases of depression and expressed their fears of asymmetric warfare in addition to being under blockage (OCHA, May 2021). Regarding the laws governing educational facilities and institutions' protection, IHL still has some space for improvement that can be addressed and applied in the future to enhance them (Adam, 2011). It is known that numerous kid fatalities and schools suffered partial or total destruction as a result of military activities. On the same, it is documented that the levels of violence against educational organizations and schools hit unheard-of levels in the last ten years.

Features of the German administrative judiciary are the subject of this paper. The paper is divided into several parts. In the first part, origins and development of the German administrative judiciary are explained, so that the historical background of the current system could be fully grasped. The next part is about the position and the organization of the German administrative judiciary, which is considered to be a special and separated branch of judiciary. The following topic makes the very essence and the spirit of the German administrative judiciary - the idea of the comprehensive legal protection of parties in their legal relations to the public administration, as a state power and authority. Finally, the explanation is being finished with the administrative courts procedure and it includes its general principles, civil law origins and its subtle relation to the administrative procedure

The paper explores the relationship between the Draft Global Pact for the Environment (the Global Pact) and relevant international documents (declarations and international environmental agreements) and the legislation of Republic of Serbia (RS). The first part of the article provides a survey of the contents of the Global Pact, pointing to the significance of the international environmental law principles included in this document. The next part of the paper discusses the relationship between the Global Pact principles and RS legislation, with specific reference to the relationship between the Global Pact and the right to a (healthy) environment. The author concludes that the norms of the Global Pact and those of the international environmental agreements and RS domestic laws coincide to a great extent. Apart from the intentions to codify environmental law principles, the Global Pact also introduces some new principles whose contents and scope should be analysed in detail.

In this paper, the author analyzes the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) which regulate the legal remedies available to contracting parties in case of anticipatory breach of contract. Anticipatory or presumed breach of contract implies a situation when one contracting party, on the basis of objective indicators, assumes that the other party will not perform its obligation. In this regard, the CISG provides for two legal remedies available to the contractual party that anticipates the breach of contract: a) to suspend the performance of its obligation, and b) to terminate the contract. This paper specifically analyzes the provisions of Article 71 of the CISG, which governs the right of a contracting party to suspend the performance of its obligation. Article 71 CISG authorizes a seller or a buyer to suspend performance of its obligations under the sales contract if a party is unlikely to receive a substantial part of the counter-performance promised by the other party. The suspending party does not breach the contract if the suspension is rightful. However, if the suspension is not authorized by Article 71 CISG, the suspending party will breach the contract when it fails to perform its obligations. A party may suspend the performance of its obligations if, after the conclusion of the contract, it becomes apparent that the other party will not perform a substantial part of its obligations as a result of a serious deficiency in the party's ability to perform, or the party's creditworthiness, or the party's conduct in preparing to perform or in performing the contract. The right to suspend perfomance under Article 71 CISG is to be distinguished from the right to avoid the contract. Unlike the contract avoidance, which terminates the obligations of the parties, the suspension of contractual obligations recognizes that the contract continues and encourages mutual reassurance that both parties will perform. If the seller has already dispatched the goods, he may prevent the handing over of the goods to the buyer even though the buyer holds a document which entitles him to obtain the goods. This relates only to the rights in the goods as between the buyer and the seller. A party suspending performance, either before or after dispatching the goods, must immediately give notice of suspension to the other party, and must continue with performance if the other party provides adequate assurance of his performance.

In this paper, the author sheds light on the 2020 reform of the Swiss inheritance law, which was instituted by amending the succession law provisions of the Civil Code of the Swis Confederation (2020). The new provisions have been in force since January 2023. The research on this subject matter is aimed at determining the scope and the quality of the revised Swiss legislation on intestate succession. To this effect, the author focuses on a number of new provisions related to statutory heirs: reduction of the children's protected share (forced heir ship portion of the decedent's descendants); abolition of the parents' protected share (forced portion of the decedent's parents); loss of the forced portion for the surviving spouse or same-sex partner in a registered civil partnership in case the divorce proceeding or the proceeding for dissolving a registered civil partnership has been initiated but a spouse or a registered civil partner dies before the proceeding is terminated; a qualitatively different concept of contractual freedom embodied in inheritance contracts; the impact of the "three-pillar system" of the Swiss pension and disability insurance on the exercise and protection of the right to forced portion; changes and nomotechnical improvements of provisions concerning the order of gratuitous donations from which the forced heirs' portion is settled. For the purposes of this paper, the author applied the dogmatic legal science research method, the normative legal research method, and the legal history research method. In the author's opinion, the new provisions on intestate succession are largely aimed at ensuring a greater freedom of testamentary disposition of gratuitous donations, both inter vivos and mortis causa. However, the new legal solutions seem to be insufficiently aligned with the social circumstances in contemporary Switzerland because the right to statutory inheritance is not recognised to an extramarital partner, whereas it is granted to a spouse or a same-sex partner from a registered civil partnership, even though extramarital partnerships are equally present in real life as marriage and registered same-sex partnerships.

The accelerated development of information technologies has fundamentally changed and improved the functioning of the global financial system, financial markets and economic exchange. Digitization of the financial sector has generated new financial opportunities, improved the quality of financial services, enabled faster and cheaper financial transactions. The challenges accompanying the digital transformation of finances are related to the regulation and security of using new digital products, the possible abuse of digital money transfers, as well as the emergence of technology-based decentralized finances, which may be a factor of factor of financial instability in direct copmpetition with the traditional financial sectors. This paper discusses the current digital transformation in traditional financial systems and decentralized digital finance (DeFi) as an emerging technology enabling decentralized exchange of new forms of digital money and payment instruments. The products and services of different DeFi platforms are constantly evolving and may become part of open decentralized finance, i.e. they can function as a single financial platform. Open Finance would enable the standardization of data exchange and interoperability of different DeFi systems, but there is still a fact that DeFi systems emerged as independent systems that are not part of a common conceptual framework. The term Open Finance refers to the future open financial system, as a continuation of the development initiated by open banking, with the aim of making financial resources of clients more accessible in a wider range of services and platforms. The Open Finance concept is also being developed within the traditional financial sector. The key condition for the development of open finance is user trust and "the creation of a wider single data market" (European Union, 2022: 5). The planned concept of open finance includes: a wider choice for customers through access to a more customized and personalized range of services and products; improving access to and use of financial services in all business segments; in line with data protection rules, providing consumers and businesses with greater transparency about how their data is used; facilitating data interoperability in open finance; embedding an open finance approach to client-centred services in a general cross-sectoral framework (European Union, 2022: 6). Adequate regulation of traditional finance and decentralized digital finance is the basis of financial and economic stability. Central banks and regulatory authorities should integrate digital innovations in complex and dynamic decentralized financial sectors in order to monitor transactions, preserve financial stability and prevent money laundering. One part this paper focuses on virtual currencies. From the viewpoint of central banks, virtual currencies are not money in the true sense of the word, for a number of reasons: they are not regulated by laws (as they have their own rules and payment systems); they do not fully perform all the functions of money; they are not a generally accepted means of exchange and payment; they currently have a limited number of users; etc. Yet, we cannot ignore their likely expansion in the future, nor the fact that a significant amount of money is invested in virtual currencies.

The propensity to violence is inherent in every society. The development and growing use of modern technologies has lately provided another instrument for victimization of women on an unprecedented scale. This instrument is reflected in the emergence of deepfake and revenge porn as new forms of violence against women. The subject matter of analysis in this paper is revenge pornography, which will be observed from the criminological and criminal law perspectives. In the first part of the paper, after presenting the definition of the concept of revenge pornography, the author elaborates on the key characteristics of revenge pornography as an instrument for the victimization of women. The second part of the paper provides an overview of the normative solutions on this subject matter in certain countries. Given the fact that revenge pornography has been the subject matter of analysis of the European Court of Human Rights in Strasbourg, the author analyzes the ECtHR case law on this issue. In the next part, the author presents the normative framework on this issue in the Republic of Serbia, viewed through the prism of revenge pornography. The final part of the paper focuses on the fight against revenge pornography, with the aim of providing adequate protection to female victims of this criminal offence. It is the only way to increase women's security and confidence that state bodies will provide adequate protection against the misuse of modern technologies.

Before their digitation, land registries in the Republic of Croatia had been kept manually (paper-based registration). The Land Registry Act stipulates that land registries in the Republic of Croatia are kept electronically by means of a Real Property Registration and Cadastre Joint Information System (hereinafter: JIS), containing harmonized real property and cadastral data. A real property and land database is created through the electronic entry of paper-based data, i.e. integration of real property and cadastral data into a single database. Hence, the protection of real property transfers is enhanced since the legal status of the land and all accompanying restrictions (concessions, public property status etc.) can be obtained in one place. The real property land database enables registration of every change to the real property without the need to inform both the land registration court and cadastre thereabout. The Real Property Registration and Cadastre Joint Information System is jointly coordinated and managed by the Ministry of Justice and Administration of the Republic of Croatia and the State Geodetic Administration. The Land Registry Act sets forth that the Republic of Croatia is strictly liable for any damage arising from flaws in keeping land registries. Such damage can occur in case of errors or malfunctions in the respective joint information system. This paper investigates the appropriateness of the measures for protection of the Real Property Registration and Cadastre Joint Information System and the general rules for security and control of the access to the said system, and analyses the risk of compromising it. Regarding the liability of the Republic of Croatia for any damage pertaining to flaws in the land records management, the paper depicts the model of defining the liability for any damage sustained by the holders of ownership rights due to unauthorized access to the said joint information system. The paper also sheds light on the advantages and disadvantages of the model for defining fault and strict liability in the above case, and examines some pending issues relating to the applicable model for defining such damage liability de lege lata as well as possible legal solutions and the potential need for the legislator's intervention de lege ferenda.

Bitcoin was presented at the end of 2008 but the question still remains whether it is a form of money or something entirely different. Bitcoin was not designed with the aim to create money in a strict sense but primarily with the intention to make the transfer of value as effective as possible. Yet, Bitcoin has a capacity to take on the role of money, and that capacity was recognized in court cases. In this regard, the paper presents the results of the primarily empirical but also theoretical research conducted previously on the volatile but still very deflationary nature of Bitcoin and its effect on monetary obligations. The idea that cryptocurrencies can be also used as a hedging instrument to prevent the negative effects of domestic currency depreciation might be controversial for a number of reasons, one of which is certainly the volatile nature of bitcoin "price". We stress that periodic depreciation of its value does not mean that bitcoin is inflationary. On the contrary, bitcoin is deflationary by nature, which is evident in different in-built mechanisms and new ways of application. In this paper, the author uses different analytical method techniques to single out and describe various deflatory mechanisms, both preprogramed and factual ones. The author also applies the synthetical method and its techniques, primarily abstraction and generalization, to sum up the data confirming the main hypothesis that bitcoin is by nature deflationary despite its volatility and, therefore, it can be used as a hedging mechanism.

This paper presents Mnookin's conceptual framework for identifying and overcoming obstacles to the efficient and fair resolution of individual and group conflicts and disputes. This is followed by review of the basic elements of the negotiations between the Republic of Serbia and the self-proclaimed Republic of Kosovo, a summary of the results of those negotiations, as well as the views of the Serbian public opinion on the declaration of independence of the so-called Kosovo and the Kosovo issue in general. After that, the paper presents the basic elements of two well-known theories of intergroup conflict in order to shed light on the nature of conflict between the two ethnic groups (Serbs and Albanians). Finally, the previous negotiations of the two parties are placed in the presented conceptual framework of negotiations in order to identify the key points of contention in the previous negotiations of Serbia and the so-called Kosovo and offer potential solutions for overcoming them based on the presented theoretical model of negotiation in the presence of a third party (mediator). The key finding is that the negotiations can be concluded with a fair agreement, but only if the real (material) interests of the two parties are respected, primarily the emotional ones, that is, those arising from the nature of the conflict between the social identities of the two ethnic groups.

The aim of this paper is to examine the position of legal interns in Serbia. The first part of the paper provides the theoretical framework for the research, as well as an overview of the normative position of legal interns, whereas the second part presents the methodological framework of the research and analysis of the data collected from 517 respondents. The results of the study confirm the hypothesis that current socio-economic changes have led to the transmission of stratification within the legal profession to the position of legal interns. Additionally, the data provide valuable insights into the experiences and challenges faced by legal interns, which have implications for the review of legal regulations governing their rights and obligations.

The world of arbitration has not escaped the all-pervading impact of AI. Stakeholders are not only assessing the current impact of AI on the practice of arbitration but also speculating on its future role. The possibility of AI replacing human arbitrators has also figured in the discussions. This paper focuses on the use of AI in the context of investor-State arbitration, which of late, has been facing fierce backlash for its purported deficiencies. The paper explores whether AI could be used to remedy some of the burning issues in the investor-state dispute settlement system, which have culminated in its "existential crisis". The paper assesses the extent to which human arbitrators and other relevant factors have contributed to the crisis, and then examines the suitability of AI to act as an arbitrator. The paper lays a road map for the potential role of AI in ISA and attempts to answer the central question-could AI prove to be a resurrector or a disruptor of the ISA system.

The process of political shaping of the right to a healthy environment, started with the adoption of the Stockholm Declaration in 1972, basically ended only fifty years later, when the United Nations Assembly adopted the Resolution declaring access to a clean, healthy and sustainable environment as a universal human right. At the beginning of the long journey, the responsibilities for implementing the decisions expressed in the Stockholm Declaration were divided between the member states, on the one hand, and the international community, on the other.The dominant position was given to state authorities. It was agreed that they must be entrusted with the task of planning, managing and controlling ecological resources, in order to improve the quality of the environment, and that states have the right to sovereignly exploit their own resources in accordance with their environmental protection policy. On the other hand, the belief was expressed that the international community will find a source of strength for later concrete action in the Stockholm Declaration. Since then, very modest progress has been made at international level. Official UN statements noted that the 2022 Resolution is not legally binding for 193 member states, but that its proponents hope it will encourage countries to enshrine the right to a healthy environment in national constitutions and regional treaties and encourage them to implement laws that relate to that right, and that it will help people fight for their right to a safe climate, their right to breathe clean air and their rights to access clean and safe water, adequate food, healthy ecosystems and a non-toxic environment. In the global context, the right to a healthy environment is still aspirational (imperfect, unfinished), something that still needs to be fought for at the national level. It will remain so until the consumer society model is replaced by a new form of social organization, which will be based on a different value system. Such a conclusion is also indicated by the reasonable, well-balanced judgement of the Court of Justice of the European Union at the end of 2022, in the case of JP v. Ministre de la Transition écologique (C-61/21). It stated that the provisions of the directives related to air quality must be interpreted in the sense that they do not aim to give individuals the right to seek compensation from the member state for loss and damage caused by the state's violation of EU law, but that it does not excludes the possibility of an individual claiming compensation from the state on the basis of national law. During the past half century, about 150 countries around the world have constitutionalized the right to a healthy environment. It thus, at the national level, gained a significantly different physiognomy and more effective protection not only before the courts of general jurisdiction, but also before the constitutional courts, in proceedings regarding constitutional appeals. However, some new problems arise here. Among them, the competition (conflict) of property rights and certain sectoral rights included (integrated) within universal human right to a healthy environment, such as the right to water, which is discussed in this paper, is particularly significant. In conditions where it is not possible to satisfy the interests of everyone, states will be forced to prioritize their own citizens, and that means civil (private) rights, over universal human rights for the sake of social stability and the preservation of internal order. The process of constitutionalization will be slowed down, and it is possible that in some countries a kind of deconstitutionalization will be carried out, by amending the constitution or informally, through a more restrictive application of universal human rights and more restrictive decision-making regarding constitutional appeals. In the final part of the paper, it was stated that the boundaries between traditional subjects and objects of law are gradually being erased and that the environment must eventually be understood as a community of all living beings, which has a specific legal subjectivity and the right to be healthy.

This paper aims to compare the remedies at the consumer's disposal in the event of a lack of conformity of goods in Slovenian, Croatian, and Serbian law. The Slovenian and Croatian legislators have already transposed Directive (EU) 2019/771 in 2022 and 2021, respectively. On the other hand, the rules of the Serbian Consumer Protection Act are still based on Directive 1999/44/ EC. This Directive, however, also shaped the Slovenian and Croatian legislation long before the latest amendments. For this reason, the paper also analyses the rules in Slovenian and Croatian law which were in force before the recent amendments. The principal aim of the authors is to determine the similarities, peculiarities, and differences between the three legal systems. At present, the common denominator of the examined laws is the existence of a hierarchy of consumer rights: repair and replacement are the primary, and appropriate price reduction and termination of the contract the secondary or subsidiary remedies. Before the amendments in 2022 and 2021, termination of contract was the sole subsidiary remedy in Slovenian and Croatian law. It may be inferred that the most important differences between the examined legal orders concern the possibility of the termination of the contract, since the Slovenian and Serbian legislators considerably facilitated it when the lack of conformity becomes evident shortly after the delivery of the goods. Conversely, in Croatian law the emergence of non-conformity in a short period after the delivery does not immediately prompt the termination of contract. Presently, only Croatian law obliges the consumer, except in specific cases, to fix an additional period of reasonable length in which the seller can still perform the contract before the consumer's statement aimed at the termination of the contract gains legal effect.

The form of a legal act is determined by the competent body that adopts it, the appropriate procedure in which it is adopted, and the form of the act in which it is adopted. The content of any legal act must be, at least at the level of apstraction and the content of the act, in line with the content of an act that has a higher legal force, either because of the higher position on the hierarchical scale of legal acts due to the competent body that adopts it, or because other act is of special nature and content and derogates this other. However, neither the respect of the requirements of the form, nor the printing of the contents of a legal act are possible without the use of language. In this paper, under the term „language“ we mean the ability of a man to communicate with other people in his own environment, through a special system of verbalized characters, thus forming his own thoughts into appropriate voice/ written messages. Language is also taken in this paper as communication between the legislator and other legal entities and citizens, in the form of orders, declarative statements, prohibition, etc. in such a way that the content being communicated is clear and understandable to the addressees, who are mostly not legally educated. Some authors consider that only lawyers emphasize the significance of the language for law, as well as the significance of languge for the specific legal language and legal terminology, while linguists remain strictly within their own science, dealing with the structure of language, the types of words and often by defending the mother tongue from the influence of foreign words at all costs. We agree with the thought of Nikola Visković that it is necessary to study the life of law ,and parallel with this, we also must study the language, which plays a key role in the life of law.In this paper we deal with the views of (mostly domestic) lawyers on the importance of language for law during the second half of the 20th century, while having in mind, at the same time, the views of the most important domestic and foreign linguists on the same topic. [ABSTRACT FROM AUTHOR]

The health crisis caused by the global spread of the infectious disease COVID-19 has generated significant changes in many segments of human life, leading to a new narrative on the so-called "new normality". Without elaborating on the meaning of this phrase and the implications of declaring everything we have been through in the past period as normal, the paper analyzes only one aspect of these changes. It refers to a surge of different (dis)information we have been flooded with from various sources. In theoretical discourse, this phenomenon has already been designated as infodemia, a coined and rather illustrative concept. In the conventional media, and particularly on the Internet and social networks, there is a proliferation of ample content on the COVID disease, ways of treatment, the functioning of the economy, crime rates in the new circumstances, etc. The contradictory nature of these contents often causes confusion and panic in the general public, turmoil and disturbance of public order and peace, but it also aggravates the implementation of decisions and measures of state bodies or the functioning of organizations in charge of performing public authorities. The paper is an attempt to critically consider the criminal law reaction to the dissemination of false news in the circumstances of the COVID-19 pandemic. The author first presents the Serbian normative framework on this matter in emergency situations, refers to selected foreign legislations, and analyzes the available data on the practical application of legal provisions in extraordinary circumstances.

Systemic Agency is the capacity of the system as a whole to respond to emerging issues by relying on the collective intelligence and joint action of all stakeholders involved in system processes. This paper explores the systemic agency of participants in legal education at the Law Faculty in Niš during the COVID-19 pandemic (2020-2022), when higher education fully resorted to online instruction. The first part of the paper outlines the conceptual framework of systemic agency. The second part briefly presents the initial institutional response and educational circumstances at the outset of the pandemic in Serbia. The third part examines the challenges encountered by LF Niš students and teachers, and observed benefits of e-learning, by analyzing the empirical research results of several surveys conducted at LF Niš in this period. Based on these insights, the author reviews the opportunities for improving the systemic agency of core stakeholders and the system as a whole for prospective e-learning purposes. Attempting to record the first teaching/learning experience at LF Niš fully conducted online, the author emphasizes the potentials of online/hybrid learning in legal education and promotes joint action in developing a more responsive, supportive and efficient systemic approach applicable in both regular and extraordinary circumstances.