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: 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. [ABSTRACT FROM AUTHOR]

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. [ABSTRACT FROM AUTHOR]

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. [ABSTRACT FROM AUTHOR]

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 coowners. 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. [ABSTRACT FROM AUTHOR]

The paper critically analyzes some of the elements of provincial autonomy contained in the Constitution of Serbia. Creating the autonomy, some of those segments of autonomy are an expression of the pure self-government of the autonomous province (original affairs), while others segments represent rights that are confirmed and regulated by state's law, and we cannot name them as original. The right to self-regulation of authorities and the right to protection of province, as elements of autonomy, belong to the first group, while provincial finances and acts (regulations) must be regulated in accordance with the law [ABSTRACT FROM AUTHOR]

Resale price maintenance represents a special type of vertical restraint in a vertical agreement, in which an upstream undertaking defines, controls or restricts the price at which a downstream undertaking can resell its product. According to the Commission Regulation (EU) 2022/720 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices the exemption shall not apply to vertical agreements which, directly or indirectly, in isolation or in combination with other factors under the control of the parties, have as their object the restriction of the buyer's ability to determine its sale price, without prejudice to the possibility of the supplier to impose a maximum sale price or recommend a sale price, provided that they do not amount to a fixed or minimum sale price as a result of pressure from, or incentives offered by, any of the parties. Minimum or fixed resale price maintenance represents a hardcore restriction and as such removes the benefit of the block exemption provided for in Art. 2 of the Regulation 2022/720. The paper deals with the legal regulation of restrictive vertical agreements in which a fixed or minimum resale price is determined in the competition law of the European Union, as well as the methods for such resale price maintenance. The problem will be considered through the analysis of relevant sources of law, practice of the European Commission and the Court of Justice of the European Union and doctrinal views. [ABSTRACT FROM AUTHOR]

The modern trends of life and work "without borders" result in an increase in cross-border crime, which also affects the increase in the number of criminal proceedings in which there is a need for the cooperation of competent authorities from several countries. In these cases, the high standard of rights of accused persons reached in Europe imposes the need for harmonization of regulations, primarily those related to the most important rights of the suspect or accused person, such as the right to information and the right to interpretation and translation. In the European Union, after the adoption of the Resolution on the road map for strengthening the procedural rights of accused persons in criminal proceedings (adopted by the Council in 2009) and since then several other directives and decisions relevant to this issue, a lot of time has passed, and various procedural solutions in states still exist, which is why it is necessary to further develop and harmonize these rules so as not to call into question the basic principles of international legal assistance in criminal matters, primarily the principle of mutual trust and the principle of mutual recognition of decisions. A significant step in the further development of cross-border cooperation in criminal matters at the level of the European Union is the proposal of the Regulation of the European Parliament and the Council on the transfer of criminal proceedings, from 2023, in relation to which the need for a firm and explicit establishment of the standard of the defendant's rights has already been highlighted by the professional public. Solutions that are not fully harmonized with the European Union regulations related to the rights of the accused person, which are also important for cross-border cooperation. In the paper, the authors deal with the analysis of the rights of accused persons in the relevant directives of the European Union and the rights given to them in the Code of Criminal Procedure of the Republic of Serbia, primarily the right to information and the right to interpretation and translation. [ABSTRACT FROM AUTHOR]

The article is devoted to the definition of the concept and place of transport law in the Belarusian legal system. It describes the discussion that takes place in the legal literature regarding the concept and place of transport law in the legal system, and modern approaches to the concept of the branch of law and the criteria for its definition in legal theory. On this basis, the author gives her own justification for the concept of Belarusian transport law as a branch of law. [ABSTRACT FROM AUTHOR]

Unlike Directive 1999/44/EC which, in principle, had a subjective approach to determining the conformity of goods, Directive (EU) 2019/771 prescribes criteria that, as a rule, must always be met. In addition to reflecting the reasonable expectations of consumers, objective requirements for conformity also show what the legislator's expectations are regarding the goods. In this sense, the concept of conformity has been significantly improved in the context of increased digitalization of goods. However, as far as sustainable consumption is concerned, the situation has largely remained unchanged, which is in contradiction with the existing policy of the European Union, as well as broader social and regulatory directions of development. The possibility of deviating from the objective requirements for conformity is reduced to the narrow framework of the exception, on the correct application of which depends whether it will fulfill its purpose. [ABSTRACT FROM AUTHOR]

The modern system of execution of the prison sentence, unlike the first classical systems of execution of this sentence, is based on the principles of individualization, resocialization and humane treatment of convicted persons. Adapting the method of execution of the prison sentence to the convicted person in order to achieve the purpose of punishment as efficiently as possible is the basic principle of the modern system of execution of the prison sentence or a prerequisite for the successful resocialization of the convicted person. The principle of humane treatment of convicted persons is based on prescribing the basic (minimum) rights of convicts serving prison sentences by national legal regulations, but also establishing minimum legal standards at the regional and global international level. Bearing in mind the conformity of the legislation of the Republic of Serbia with the standards prescribed by international sources in the field of the rights of persons deprived of their liberty, the right of convicted persons to visits by family members and establish contacts with the outside world represent a significant factor in achieving the resocialization of convicted persons and a prerequisite for their successful reintegration into social community. The rights of convicted persons serving prison sentences in penal institutions differ, first of all, depending on whether it is the general population of convicts or, on the other hand, the so-called special categories of persons sentenced to imprisonment. One of the basic rights of convicted persons serving their prison sentence in a penitentiary is the right to be visited by family members. The subject of the author's attention is precisely the right to visit family members, but also to have other contacts with the outside world. It is a right that, basically, all categories of convicted persons have, but the right to visits by family members, the scope and frequency of visits differs depending on the category and position of the convicted person in the institution and the possibility of using the extended rights (conveniences) of the convicted person. [ABSTRACT FROM AUTHOR]

For the valid creation of a will as a legal transaction mortis causa, a necessary condition is to be expressed in one of the legally recognized forms. The requirement of form dates back to Roman law, where formal prerequisites were given different functions. The article tries to determine whether and in what way the formal requirements of certain will types can be adapted to the development of information technologies, while examining the positive legal regulations. Analyzing the existing legislative activity focused on wills drawn up in electronic form and the current opinions in the doctrine, the authors try to assess whether will, in whose composition some type of electronic medium was used, could produce legal effects according to the current rules of Serbian law, as well as to propose de lege ferenda solutions on the legislative level in that direction. [ABSTRACT FROM AUTHOR]

In criminal proceedings, the justification of the prosecutor's criminal demand for punishing the accused is decided upon. The basic postulates of justice dictate that the human rights of the perpetrator of a criminal act can be restricted based on a conviction, which is the result of the conducted criminal procedure. The theory of criminal law, especially legislation, should find ways to bring justice from legal-philosophical heights into the reality of a conflicted society. Along with the standard methods of social reaction which, in the first place, is mandatory initiation of criminal proceedings whenever legal conditions are met, positive law also prescribes possibilities of consensual decision-making. The materialization of the concept of consensual justice is achieved in the pre-trial procedure as well as in the formal criminal procedure. By conditional postponement of criminal prosecution, the criminal matter finds its epilogue in the pre-trial procedure. Thus, no judicial decision is being made on the merits of the criminal demand, and the public prosecutor becomes some kind of adjudicator of the criminal matter. The concept of consensual justice is brought to life within criminal proceedings by party agreements - one of the forms of consensual decision-making. Different forms of this procedure contribute to the efficiency of the criminal procedure as well as the realization of criminal policy aims. Deciding on the guilt of the accused is simplified, and, on the other hand, the accused and the convicted, as collaborators of the court, facilitate the understanding of decisive facts about the criminal event with their statements. [ABSTRACT FROM AUTHOR]

Surrogacy represents perhaps the oldest form of assisted reproduction, but at the same time the most controversial form of reproduction, on which reaching any consensus at the international level is almost impossible at the moment. In the last few years, the practice of surrogacy has encountered serious obstacles and challenges, such as the COVID-19 pandemic, but also with the war on the territory of Ukraine, where surrogacy was, until recently, extremely common. As a result of this, but also the fact that some legislations have significantly tightened their regulations, the surrogacy industry has been quickly adapting and looking for alternative ways to continue to run smoothly. That's how the so-called reprowebs, which imply a global network of reproduction consisting of several different locations, more or less connected to each other and which require answers to numerous questions in order to protect all participants in this procedure. [ABSTRACT FROM AUTHOR]