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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. [ABSTRACT FROM AUTHOR]

: 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 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 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]

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. [ABSTRACT FROM AUTHOR]

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. [ABSTRACT FROM AUTHOR]

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. [ABSTRACT FROM AUTHOR]

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 organisation 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. [ABSTRACT FROM AUTHOR]

Political power and state institutions, primarily in the sense of interweaving 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. [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 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]

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 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. [ABSTRACT FROM AUTHOR]

The paper discusses the legal significance of food safety standards in the WTO. In this framework, the task is to determine the formal normative basis and conceptual approach to this issue. The subject of more detailed analysis will be the essential determinants of this approach, in particular the process of harmonization and the status of international standards in the WTO law. In addition, the paper aims to determine the effective results of the WTO rules in this area, as well as their scope and limitations, and this especially refers to the process of harmonization and application of international standards. In the area of food safety, in the WTO law, through the Agreement on the Application of Sanitary and Phytosanitary Measures, a realistic normative system is created based on the rules that ensure safety and predictable access to food at the international market, with priority observing of human health and food safety. In terms of content, the leading role of states in this area is not excluded, but it is upgraded with alternative solutions for the facilitated development of international trade, in particular with a strong fostering of harmonization and normative recognition and regulation of the status of international standards. Although the given WTO approach can certainly be positively evaluated, it is not unambiguous and faces limitations and challenges, especially in the context of the Codex of standards as the main international reference point in the field of food safety. Therefore, it is necessary to refine this normative system, harmonize it one with another, and specifically specify it in order to avoid negative implications of the vagueness of some of the rules, which would raise the effectiveness of these rules to a higher level. [ABSTRACT FROM AUTHOR]

Piercing the corporate veil represents one of the most contraversal institutes in company law because it represents a deviation from the rules on limited liability. As this institute became part of the judicial practice, the judicial practice is very important in the analysis of the given institute. There are some comparative legal systems in which this institute is often applied in judicial practice. On the other hand, there are systems, including domestic ones, in which this institute is rarely and cautiously applied in practice. The main goal of the research in this paper is the analysis of the institute of piercing the corporate veil and its significance in Company law, with a special reference to domestic judicial practice and the analysis of certain characteristics of comparative judicial practice. [ABSTRACT FROM AUTHOR]

In this paper, the legal institution of judicial and prosecutorial practice an accused accomplice as a potential factor in inciting young individuals to organized crime. In organized crime, law enforcement agencies instead of individuals deal with a well-structured organization with a solid internal hierarchy, discipline, high level of conspiracy, elaborated strategy, and tactics of concealing criminal activities and evading criminal responsibility. A legal establishment known as “accused accomplice” has been established into Serbian judicial and prosecution system in an effort to identify members of criminal organizations, their associates, and organizers. It’s possible that at some point, given the advantages promised to alleged accomplices, youth involvement in organized crime would be encouraged. The research’s goal is to determine how students perceive the accused accomplice legal institution as a possible inducement for young people to join organized crime. It is assumed that teenage involvement in organized crime may be encouraged by the rewards promised to members of these organizations for cooperation with the law enforcement. A study was carried out in March 2023 on a sample of 96 high school students, as described in this report, to ascertain this. All research hypotheses were supported by the data obtained using the Scaler – LIJPP – AA – PFIIYTOC (α = .762) and examined using descriptive statistics, factor analysis, and analysis of variance. The importance of the analyzed legal institution in the struggle against corruption, terrorism, and organized crime cannot be denied. As a result, it is widespread throughout the world. On the other hand, if there are findings indicating the researched legal institution has a negative impact on the upbringing of children and youth, the question of whether there is room for its existence emerges. By reassessing or implementing the accused accomplice legal institution in a way that won’t adversely effect children’s and youths’ upbringing, a compromise solution must be sought. [ABSTRACT FROM AUTHOR]

Persons committing misdemeanors pursuant to the Tobacco Law are prosecuted pursuant to a misdemeanor notice. Should such person be found responsible in the ensuing procedure, the misdemeanor court may sentence him to the most severe fine foreseen in the Misdemeanor Law, as well as in the Tobacco Law. Apart from prescribing misdemeanors, the Tobacco Law also contains other provisions of importance for material and procedural misdemeanor law, as well as the enforcement of misdemeanor law. The subject of this paper are exactly these specific misdemeanor provisions from the Tobacco Law. [ABSTRACT FROM AUTHOR]

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

The requirements put before the courts by sources that regulate human rights significantly affect functioning of the mechanism of Private International Law. This statement particularly applies to situations in which it is necessary to give effect to the change of personal and family status acquired abroad. The paper refers to the problem of recognition of same-sex marriages concluded abroad. It analyzes the most important decisions of the European Court of Human Rights regarding the obligation of the member states of the Council of Europe to provide legal protection and recognition to same-sex unions, in accordance with Article 8 of the European Convention on Human Rights (protection of private and family life). The analysis shows that today it is undoubtedly clear that these states have a positive obligation to establish an adequate legal framework that would allow partners in a same-sex union to enjoy certain subjective rights. The obligation in question also extends to same-sex marriages concluded abroad and, when it comes to Serbia, requires immediate legislative intervention. [ABSTRACT FROM AUTHOR]

The sacred and moral duty of family members, primarily heirs, was to bury the deceased. The funeral ceremony and the size of the funeral monument reflected the social status of the decedent; nonetheless the funeral itself had a dual role – to ensure a peaceful transition of the soul into eternity and to provide peace for the descendants. Reading the legal texts, it could easily be seen that the issue of funeral costs was at the high level of importance for the offspring. In addition, we can assert that the Roman legislators, lawyers and priests were particular aware of its importance. In this regard, the praetor issued the Edictum de sumptibus funerum, establishing the actio funeraria, in order to determine who and under what conditions acquires the right of reimbursement of funeral costs, but also to ensure that no one is buried at someone else’s expense. The aim of this paper is to answer the questions who had the liability and responsibility to organize the funeral and bear it costs, when and under what conditions could organizer sue for the incurred expense and what was considered as the funeral cost. Results indicate the following. The grandeur of the funeral and the amount of funeral expenses depended on the social status and wealth of the deceased. The costs of the funeral were divided into necessary, which cover expenses in the name of activities without funeral could not take place and convenient, which depend on the reputation of the defunctus. Although there have been attempts to expand Ulpian’s classification into necessary and convenient expenses, this does not seem to have been the case at the outset. Funeral expenses were mostly – with a few exceptions, covered from the inheritance, and the obligation to reimburse the costs incurred was most often borne by the persons burying the deceased. From Cicero’s and Ulpian’s texts, we learn which persons were obliged to bury the deceased, i.e. cover funeral expenses. It is important to note that research shows that from the moment of death until the costs are paid, the inheritance is in the regime of hereditas iacens, and that it is administered by the praetor to ensure that no one is buried at someone else’s expense. The paper uses linguistic, historical and systematic interpretation of passages D.11.7.12.4–6, D.11.7.13, D.11.7.14.3,4,6 and 10, D.11.7.21, Cic.Leg.2.48–49, as well as historical method. [ABSTRACT FROM AUTHOR]

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

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

In the Serbian literature the issue of the overlap between contractual and liability in tort has been thoroughly discussed. The majority of references state that the differences between the two regimes of liability outweigh their common features, thus separate sets of rules should exist governing each. There are authors who claim that differences are not of such significance so as make the integral concept of liability for damage senseless, hence they support the idea of regulating both regimes of liability by a single set of rules. The effective Obligations Act of 1978 is in line with the majority opinion, since it envisages different sets of rules for each regime of liability. Taking into account the existing duality of the rules in the Act, which significantly differ on major points, the key issue is the overlap of contractual and tortious liability, namely rules of which system of liability should apply if the injured party may base their claim on both (so-called concurrency of claims). Lacking an explicit rule in the Obligations Act, the majority asserts that the regime more favorable to the injured party should apply, which corresponds to the German solution. The inspiration for this paper is found in the new Hungarian Civil Code from 2013 which, in contrast to its predecessor, the 1959 Civil Code, and the Serbian Obligations Act, contains an explicit rule on the concurrency of claims in contract and tort. It prescribes a mandatory application of the rules of contractual liability even when the inflicted damage supports the application of the rules of the liability in tort. Such an approach is in line with the French non-cumul doctrine. The aim of this paper is, on the one hand, to initiate a discussion whether it would be reasonable to have a statutory rule in the Serbian law regulating explicitly the issue of concurrency of claims in contract and tort. On the other hand, the paper highlights the reasons that led the legislator in Hungary to prohibit the concurrency of claims. The solution of the new Turkish Code of Obligations from 2011 is mentioned in the paper, as well, which also contains an explicit rule on this subject matter. However, it took a diametrically opposite standpoint as the Hungarian Civil Code: it explicitly enables competing claims not only in contract and tort, but according to any set of rules granting redress to the injured party. Finally, the paper gives a review of the Project of the Reform of the French Code Civil concerning the rules of the liability for damage from 2017. The Project envisaged a rule that would codify the traditional stand-point of the case law and doctrine on the exclusion of the concurrence of claims and mandates the application of the rules on contractual liability. The Project specifies, however, some major exceptions, when regardless of the existence of a contract between the parties, the rules of tortious liability apply. For the time being, however, it seems that a genuine will of the legislature is lacking to embody the Project in the amendments of the Code civil. [ABSTRACT FROM AUTHOR]

Several topics are covered in the paper. Firstly, a list of sources of law which regulates the issue of the jurisdictions of provincial governors is given form the broader ones to the narrower ones. Jurisdiction of а provincial governor used to come into being in the moment of his entrance to the province. In case he leaves it, his jurisdictions would stop and he would become a private individual. The substitution of the personal jurisdiction of provincial governors, which was significantly shaken by the constitution of Caracalla in 212, with the territorial one, appears to be obvious at the end of the Dominate. The governor used to have civil and military jurisdictions. The former included judicial and administrative powers. Judicial jurisdictions were comprised of those in criminal and those in civil matter. Out of scope of the civil matter, only the examples of the jurisdictions of provincial governors in the matter of property law have been covered in this paper, which, according to the tripartition of Gaius, amounts to ius quod ad res pertinet. Provincial governors were authorised to adjudicate on almost all disputes arising from the everyday life during the formation, protection and termination of rights, not only those related to possessio, dominium, and iura in re aliena, but also those in the matter of obligationes and inheritance. [ABSTRACT FROM AUTHOR]

One of the positive innovations in the field of labour law is the introduction of the “due diligence” standard. Altough this principle has long been known and applied in other areas of law, it is new in labour law. The global application of due diligence standard, found in UN, ILO, OECD documents, and soon in the EU directive, as well as in many national laws, should lead to better and more comprehensive protection of the human rights of employees, as well as of all other persons regarding that work. This paper discusses more about the meaning, development and application of due diligence standards in the context of employee rights. [ABSTRACT FROM AUTHOR]

Sustainable development goals represent the paradigm of international politics of the 21st century. Their importance is also reflected in the growing number of national and international legal sources that directly or indirectly prescribe provisions for their affirmation. The international investment law, as a diverse set of international legal sources traditionally focused on the protection of foreign investments, has been increasingly linked to the requirements for contributing to the sustainable development of the host state. This paper analyzes the provisions of international investment agreements (IIAs) in the context of various aspects of sustainable development. Preambles, substantive and procedural provisions of bilateral and other international agreements containing provisions on investment protection were analyzed. The conclusion is that in the existing corpus of IIAs, still a smaller number of them contain provisions important for sustainable development, but that a trend can be observed of increasingly frequent incorporation of these “modern” provisions into newly signed agreements, as well as into the modern model BITs. [ABSTRACT FROM AUTHOR]

In the paper, the author discusses the conditions under which misdemeanor from the Law on Public Order and Peace can be committed via the Internet. These are the existence of the element of publicness, the essential feature of the mentioned misdemeanor, which is manifested through the requirement that the act of execution and the consequences of the misdemeanor be objectified in a public place, and the eligibility of being a misdemeanor. The Internet as a digital space is viewed through two segments: public and non-public Internet space. The criterion of the direction of the enforcement action on public or non-public internet space is defined, which depends on whether the internet can be considered a public place. Spatial, expansive and consequent determination of the public place resulting from the legal definition of this term and the relationship with the Internet were analyzed. Eligibility of being a misdemeanor determines which misdemeanors from the Law on Public Order and Peace can be committed on the Internet. The author’s conclusion is that the focus of the enforcement action on the public Internet space implies the existence of a misdemeanor, and that in the case of a non-public Internet space, the misdemeanor exists if the consequence occurred in a public place or public Internet space. [ABSTRACT FROM AUTHOR]

In the paper, the author tries to answer the question, what are the sources of polarization in modern authoritarian states (that are procedurally democratic), and what are the key differences (points of conflict) between the polarized parties? Research attention is focused on the analysis of the political and broader social effects of polarization and on the dilemma of whether it is even possible to reduce the negative effects of the actions of value-opposing actors? The author observes a universal sociological regularity according to which the roots of polarization almost unmistakably arise from the pluralism of social identities that are built on ideology, religion, and ethnicity and which tend to be manipulated by political elites. Primarily, artificially created political polarization is a strategy for mobilizing the electoral base, and secondarily it represents a means for legitimizing and consolidating populist and authoritarian regimes. Once society starts to polarize, intra-group loyalty is strengthened within competing political and other groups and a group identity is created that is sensitive to any Otherness, which is reflected in conflicts with social groups and movements that are opposed in terms of interests and values. [ABSTRACT FROM AUTHOR]

certain informations cannot and must not be available to the general public because they represent information of importance for national security or their publication could lead to great damage or endangerment of persons, property and other relations. In our legal system, such information is defined as secret data, which is further categorized into several groups based on its importance and the damage that may occur as a result of its publication. The protection of such data, by determining that they are secret, and carefully controlling who and how they give access to that data, is carried out by competent authorities in accordance with the law. The matter of defining secret data, use and protection of secret data in the Republic of Serbia is codified by the Data Secrecy Act, but other regulations are also applied in specific areas, which makes the entire positive legal framework for the protection of secret data extremely extensive. In the paper, the author analyzes the current legal framework and especially emphasizes the role played by the administrative bodies and the National Assembly of the Republic of Serbia in the protection of secret data. [ABSTRACT FROM AUTHOR]

Unjust enrichment is very highly positioned as one of the sources of obligations in the Law on Obligations. Research of comparative legal literature (both doctrinal type and judgments of national courts) indicated significant differences in the attitude towards this institute both between the legal systems of continental law and within the corpus of countries in which the so-called common law system is dominant. In the paper, a detailed analysis of both domestic and comparative legal literature and court practice was carried out. During the research, special emphasis was placed on the legal solutions in force in other, primarily European legal systems. The analysis included both those legal systems (French, German) that have a decisive influence on the civil law codes of other continental law countries, as well as those that are of decisive importance in countries characterized by precedential law (Great Britain, United States of America). A review was also made of solutions from the Hungarian legal system, whose impact on our law is not nearly as far-reaching as the aforementioned legal orders, but due to the similarity of the genesis of civil law in our two countries in the last hundred years, they arouse interest. One of the basic differences between continental and common law is reflected in the fact that in the former the central question is whether there was a legal basis for the defendant to gain some benefit, while the latter the focus is on the question of whether the plaintiff has a basis to claim restitution. Consequently, in continental law systems, the court will, first of all, order the restitution of what the defendant unjustly acquired, while in “common law” systems the plaintiff has the obligation to first prove that he has a reliable basis for restitution. In addition to recognizing the differences between the two groups of systems, through analysis we also come to distinctions within the groups themselves. For example, unlike French law, German law, albeit with certain difficulties, resolves the problem of unjust enrichment due to the actions of a third party. According to our ZOO, when a part of one person’s property has been transferred in any way to the property of another person, and that transfer has no basis in a legal transaction or in the law, the acquirer is obliged to return it, and when this is not possible – to compensate the value of the benefits achieved. Obligation to return, i.e. compensation of value also occurs when something is received with regard to a basis that was not realized or that later fell away. The obligation to return is not subject to those goods that were given in the name of fulfilling some natural obligation or some moral or social duty, amounts that were paid even though the payer knew that he was not obliged to make the payment, as well as funds that, without a legal basis, were paid in the name of compensation for damages due to bodily injury, health impairment or death, if the payment was made to a bona fide recipient. The review of domestic judicial practice shed light on a wide range of situations in which legally unjustified enrichment can occur, i.e. acquisition without grounds. Although we are talking about an institution that has long been present as a source of obligations in the Law on Obligations, certain judgments, which are contra legem, show that in connection with this institution there are, still, numerous doubts. [ABSTRACT FROM AUTHOR]

The paper presents some general theoretical settings about the principle of immediacy in criminal proceedings. It should serve as a theoretical platform for developing further research in this area. The autor gives a definition of the principle of immediacy and sees his place in the classification of procedural principles, linking it to the judicial function. The principle of immediacy is one of the implicit procedural principles, which also have international legal roots in Art. 6 of the European Convention for the Protection of Human Rights and fundamental freedoms. The paper emphasizes and analyzes the following important features of the principle of immediacy: instrumentality, complexity, relativity (susceptibility to gradation) and connection with other procedural principles [ABSTRACT FROM AUTHOR]

The subject of legal analysis in the paper is a narrow, but very important and specific legal segment, namely the change of the concession contract during its validity. The consideration is based on the analysis of the relevant EU law, with the appropriate use of practice of the Court of Justice of the EU. The ultimate goal was to evaluate the situation of the current EU law, both at the conceptual plan, and in details. The emphasis was in the nature, scope and conditions for changes to the contract and their implications. The paper concludes that the legal regulating of the changes to the concession contract is not an easy task for the regulator. In particular having in mind that this contract cannot be seen only through the prism of internal legal relations between the concession participants, without implications for the third persons and other interests. In such a context the optimum regulating of changes to the concession contract requires a layered legal architecture, mutually coherent, sufficiently clear and predictable, and yet relatively flexible. In that respect, the Directive 2014/23EU, manages to meet the given requirements up to the highest extent in methodological sense and both in terms of regulating and in terms of content. However, due to its generality, most of the given regulation will require specifying through national regulations in the EU Member States, and primarily in the practice of the Court of Justice of the EU. This primarily refers to significant changes to the concession contract. [ABSTRACT FROM AUTHOR]

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

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

The article sheds light on the regulations of Roman law appearing Property Law, Law of Obligations) in the works of Pavle Seroglić, the first reviewer of Serbian Civil Code (1844) (The Review of the Civil Code for the Serbian Principality, Promulgated on 25 March 1844 (Pregled Zakonika građanskog za Knjažestvo srbsko, 25. marta 1844. obnarodovanog, published in Bačka vila 4/1845, 114-187). Counterresponse to Response of Mister Miloš Svetic in the Third Linguistic Counterattack (Replika na odgovor gospodina Miloša Svetića u Utuku III Jezikoslovnome, Novi Sad 1847) and Civil Law in Croatian-Slavonian and Serbian-Banat Military Border (Gradansko parvo uc.k. Hrvatsko-slavonskoj i Srpsko-banatskoj Vojničkoj granici, Šeroglic's undated and unpublished commentary of Austrian General Civil Code, kept in the archival materials of Sremski Karlovci Grammar School in the Archives of Serbian Academy of Sciences and Arts in that town. The provisions of civil law cited by Seroglić are sorted by similarity with necessary clarifications thereto. This paper, being the first of two sequels of the article related to Seroglic's accounts on Roman law, shall shed light on the author's fragments on is Greek legal transplants in Rome, theory of law, property law and law of obligations, whereas the passages in relation with other branches of Roman law shall be scrutinized in the follow-up article. [ABSTRACT FROM AUTHOR]

In the positive legal system of the Republic of Srpska, endangering to safety and endangering to security are regulated as two different criminal of fenses, in such a way that endangering safety is prescribed as a criminal offense against the freedoms and rights of citizens, while endangering to security (threat of an attack on life, body or property) is prescribed as misdemeanor against public order and peace. The paper will analyze both of these criminal acts, with the aim of highlighting the similarities and differences between them and possibly. after that analysis, determining whether there is still a need for both acts, prescribed in this way, to exist in positive legal system. The author proposes de lege ferenda to correct the legal description and name of the misdemeanor endangering security by threatening to attack life, body or property in such a way that this misdemeanor only bears the name of threat and that the legal description expressly states that the place of execution is a public place or prescribe as consequence a violation of public order and peace or to decriminalize this misdemeanor because everything that this offense currently provides protection for is already sufficiently and adequately protected by the criminal offense of endangering safety. [ABSTRACT FROM AUTHOR]

This paper examines the legal framework for the protection of human rights in situations of extreme crisis in the European legal area, in order to achieve a coherent understanding of legal standards that will lead to their more uniform application. Through an in-depth analysis of the meaning and scope of the provisions of Article 15 of the European Convention, as well as the corresponding practice of the European Court of Human Rights, the authors determine under what conditions the suspension of certain rights and freedoms is legally permissible, and which state measures adopted in extraordinary circumstances represent the protection of the public interest, and which go beyond the scope of the most necessary measure required by the given situation and represent a violation of the rights and freedoms of the individual. This work is based on the idea that specific limitations for the enjoyment of human rights are necessary and justified. It is a well-known that only a limited number of human rights are absolute and as such are immune to any restrictions regardless of the circumstances and justifications. However, this does not reduce the need for the measures that the state resorts to in times of crisis to be strictly controlled. [ABSTRACT FROM AUTHOR]

The idea of the European Public Prosecutor's Office as a supranational body has been part of the academic and political discussion on the development of the common area of criminal justice of the European Union since the 1990s. The European Commission presented a proposal for the establishment of such a body in 2013, which was followed by negotiations between the member states and the EU institutions, in order to find a balance between the preservation of the sovereignty of the member states in the domain of criminal law and the effective protection of supranational value, i.e. the protection of the financial interests of the Union. The European Public Prosecutor's Office was established in 2017, and represents a form of enhanced cooperation between member states that have decided to participate in the work of the European Public Prosecutor's Office. After the organizational, normative, personnel and technical prerequisites have been met, the European Public Prosecutor's Office started its work on June 1, 2021. In this paper, the authors analyze the process of fulfilling the previous conditions, the beginning of work and the activities of the European Public Prosecutor's Office so far. [ABSTRACT FROM AUTHOR]

The paper deals with specific problem regarding required joinder of parties in litigation, namely legal consequences of rendering the judgment despite the failure to join a necessary party, but with court's failure to detect the issue, i.e. is the lacking necessary party bound by judgement? Dominant opinion, both in domestic and foreign representative legal theory and case law, decline res judicata effect, while some Serbian scholars accept it. Research based on constitutional and dogmatic scale shows that extension of res judicata effect could not be deemed as Serbian lex lata. The concept of required joinder of parties is based on protection of right to be heard of all necessary parties, so the contrary standpoint would diminish, or moreover infringe such basic human right. In addition, there is no legal ground for such extension of res judicata effect, bearing in mind provisions of Serbian Code of Civil Procedure. Lastly, if lacking necessary party would be bound by judgement, the very concept of required joinder of parties would be reduced ad absurdum. [ABSTRACT FROM AUTHOR]

In this paper, the seven most imporant opinions about the punishment ground of complicity in the stricter sense, with special regard to ading and abetting, have been presented and critically assessed. This involved the following doctrines: The Theory of Participation in the Guilt, the Theory of Participation in the Wrong, Solidarity as Punishment Ground, the Pure Theory of Causation, the Accessoriness-Oriented Theory of Causation, the Theory of the Accessory Attack on the Legal Good, and the Intensification-Principle. Lastly, additional criticism, beyond the officially acknowledged critical voices, has been expressed. It was concluded that the least controversial and at the same time the theory closest to the legal text, therefore the most acceptable one is that of the Accessory Attack on the Legal Good. [ABSTRACT FROM AUTHOR]

The focus of this paper rests on the right of apartment owners on the land on which the building is built and the land that serves to its regular use. The paper aims at identifying the 1) type of that right; 2) over which land that right streches, and, eventually, 3) which legal rules are relevant for that right. The answers to these questions require a systematic interpretation of solutions from several legal sources, most notably the Law on Foundations of Property Law Relations, the Law on Housing and Maintenance of Apartment Buildings and the Law on Planning and Construction. With regard to the legal regime of that right, the paper concludes that special rules establish numerous deviations from the general regime that, in the absence of special rules, would otherwise be applicable to it. Deviations are detected with regard to the: 1) authority to dispose of the share in the ownership right over that land; 2) management of that land; 3) dissolution of the co-ownership community that exists among apartment owners in relation to that land, and 4) covering of costs incurred by the use and maintenance of that land. Theoretical considerations have been supplemented by an analysis of a case from a recent domestic jurisprudence that underlines a practical dimension of the elaborated subject matter. [ABSTRACT FROM AUTHOR]

The paper discusses the legal basis for the application of the precautionary principle in the WTO law, and determines the specifics of its application in relation to the basic concept of the precautionary principle. Special attention is paid to the analysis of the reach of this application in terms of opening up the optimal environmental protection. The paper also presents proposals for future normative solutions in this area with the aim of achieving an appropriate balance between the interests of international trade liberalization and environmental protection and accomplishing of the concept of sustainable development. With all the limitations related to the lack of adequate legal basis, but also the incompleteness and incoherence of the dispute resolution practice in the WTO, it can be concluded that the derived concept of application of the precautionary principle and its interpretation in the dispute resolution practice reduce the scope of its application in relation to the basic concept. Such a situation cannot meet in particular the needs of technological development, which inevitably leads to an increased risk in terms of impact on the environment, human health and flora and fauna. In such circumstances, when the importance of the application of this principle grows, it is necessary to find appropriate legal solutions that will ensure its optimal application. In this context, different models of action are possible, with all their limitations, the realization of which is quite questionable. [ABSTRACT FROM AUTHOR]

At the outset the paper gives an overview of the property entitlements of the condominium owners over joint parts of the building and the land needed for the use thereof so as to examine the legal regime of these accessory rights. Furtheron, the typical contractual clauses by which the buyers of the specific parts of a building under construction waive their entitlements to use and dispose of some joint parts of the building and some parts of the land plot in favour of investor are displayed. The wide spectrum of „disspossession" of entitlements of condominium owners has been detected contrary to the legal rules which guarantee them the right to administer and decide over accessory rights within the residential community in the proceedings prescribed by law. Numerous questions that arise with regard to such a contractual practice have been opened, while the answers thereto are given by way of systematic interpretation of the pertinent legal rules. This is followed by the analyses of the notary public practice with regard to these contractual clauses, in that it was examined how the notaries public warn contractual parties on the validity of such clauses. Connected therewith, vast discrepancies have been uncovered, while singling out the example of best notary public practice. Upon the legal analyses, the authors have taken the stance on the invalidity of such contractual clauses along with the consequences thereof with respect to the contract as a whole. This conclusion has been based on the previous establishment that all the preconditions for the application of the institute of the partial nullity of the contract have been met. [ABSTRACT FROM AUTHOR]

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

In the year of 2022 the European Commission adopted Regulation 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 as well as the accompanying Guidelines on vertical restraints. The adoption of the Regulation was necessary, primarily because of the changes in the market, which are reflected in the growth of e-commerce, intensive use of information technologies in the sale and distribution of goods and in providing services, the emergence of new types of vertical agreements, as well as the affirmation of certain business models. Regulation 2022/720 governs the block exemption of vertical agreements and applies to vertical agreements that contain vertical restraints. In this paper are analyzed vertical agreement and vertical restraint as key concepts of the Regulation 2022/720. [ABSTRACT FROM AUTHOR]

The validity of a will is conditioned by the existence of the testamentary capacity at the time of its creation, existence of certain qualities regarding the testator's will, as well as the the requirement that the will of the testator must be expressed in the form and under the conditions provided by law. The aticle primarily focuses on certain substantive legal assumptions of the validity of will, as well as on formal legal assumptions of its validity, specifically, on the testamentary capacity and forms of will, and the prescribed form requirements regarding existing forms of will, i.e. the conditions under which they can be ma-de. By analyzing the current statutory provisions that are dedicated to the mentioned issues, from the point of view of the ruling doctrinal positions, as well as legal solutions accepted in other countries, certain deficiencies are identified in their legislation as well as in the application of these solutions in legal practice. In the paper, the authors propose the necessary changes and supplements in order to obtain a higher quality, as well as a more comprehensive way of regulating the analyzed institutes in the domain of the testamentary inheritance. [ABSTRACT FROM AUTHOR]

The paper critically analyzes the provisions of the amendments of the Constitution adopted in 2022, regarding the change of the position of the public prosecutor's office. The third initiative for the partial change of the Constitution was fruitful. The provisions which regulate the constitutional position of judiciary and prosecutor's office were changed, with the initial aim to create the independence guarantees of the judiciary, as well as the autonomy of the prosecutor's office. Certain steps that would go in the direction of achieving the given aim, can be recognized in the norms of the amendments. Those amendments have been also confirmed by the Venice Commission, which are considered as the key factor. However, the first impression created by the amendment provisions is that they are the result of a compromise and therefore partly inconsistent, between: the initiator of constitutional amendments (Government), representatives of the court's and the prosecutor's associations, other members of the working group, and, lastly, international community. Within that impression, the new position of the public prosecutor's office primarily indicates that the prosecutor's office rose to the rank which the judicial branch of power enjoys, by copying the provisions of the judiciary, with only a few differences. [ABSTRACT FROM AUTHOR]

Preparations for the Holy and Great Council of the Orthodox Church, which was held in Crete in 2016, represent a modern expression of the institution of synodality. The authors made a comparative review of canonical and ecumenical perspectives of this institution with the aim of identifying similarities and differences in the conciliar consciousness of the Church. The first part of the paper points out the exceptional flexibility of this institution, which easily adapts to different church needs and social circumstances, as well as the fact that the conciliarity is the basic institution that forms the church organization from the parish to the universal level. The second part of the paper presents the preconciliar conferences and the issues they faced. The general conclusion of the paper is that the institution of synodality in the Orthodox Church has surpassed its canonical significance, which will always be unquestionable, and that it has gained its ecumenical perspective, thus becoming a factor of modern inter-church and inter-religious relations. [ABSTRACT FROM AUTHOR]

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