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The principle of guilt is one of the essential principles of criminal law. However, it is a very complex principle. Its content has been presented in this paper particularly referring to a systematic deviation of it in the criminal legislation of the Republic of Serbia. According to the provisions of the article 2 of the Criminal Code of Serbia the principle of guilt is related to punishments and warning measures, while security and educational measures remained beyond its reach. On the other side, The Criminal Code defining a crime offense in the article 14 demands culpability of perpetrator's behavior. It involves a conceptual problem: a possibility is given for criminal sanctions of the principle of guilt, article 2 of the Criminal Code not referring to security and educational measures could be applied for people acting without culpability. It is paradoxical to accept criminal-justice reaction in the form of criminal sanctions regarding people without guilt. According to author of this paper, such a normative solution brings into issue the relevant principle, more precisely its basis, generality and guidance, the qualities that every legal principle should maintain. Of course, deviations of legal principle and the principle of guilt are possible but they must be kept to a minimum. Otherwise, systematic legal principle deviations, in this case the principle of guilt, are not to be tolerated. Connecting the principle of guilt with the system of criminal sanctions opens the debate on voluntarism embodied in the freedom of will and guilt and positivism/determinism embodied in perpetrator's danger and educational neglect within the criminal law. It is over a century discussion in the science of criminal law. The author of the paper concludes criminal-justice reaction in the form of criminal sanction can be justified only of based on the principle of guilt. Otherwise, such a reaction has no place in the criminal law. [ABSTRACT FROM AUTHOR]

The subject matter of this paper is divorce by mutual consent in Roman law and contemporary law. In the first part of this article, the authors analyzes the key tenets of consensual divorce in Roman law, with specific reference to the impact of Christian religious teaching on the concepts of marriage and divorce as well as on the Roman rulers' constitutions, which marked the beginning of the process of restricting the right to divorce. In the central part of the paper, the authors examines the regulation on the consensual divorce in some contemporary legal systems. In addition, the authors provides a substantial analysis of the normative framework on the termination of marriage in the positive Serbian legislation. In the final part of the paper, the authors provides a comparative analysis and underscores the observed similarities and differenced in the regulation of the institute of consensual divorce in Roman law and in the contemporary legislation. [ABSTRACT FROM AUTHOR]

The paper deals with the objective, outcome and content of constitutional law and other subjects of constitutional law matter that is thought in public law schools in Republika Srbija and Republika Srpska, and at the Criminal police Academy in Belgrade. Processing, first of all, the content of these academic courses is a continuation of previously published work on some formal data about the courses. The paper emphasizes the need for a critical approach to the constitutional system which is, as part or whole, the topic of the constitutional law matter subjects. With such scientific approach, the constitutional system can become more harmonious and functional which will affect the quality of the academic courses. [ABSTRACT FROM AUTHOR]

In this paper the author analyzes the various legal institutions under the Serbian Law on Obligations where the purpose for which parties conclude a contract gains legal relevance. The subject of the analysis is only the institutions that pertain to the so-called general theory of the law of contract. The author admits, however, that even though it was scientifically justified to perform a similar research in the domain of the rules on typical contracts in the Law, such an attempt would exceed the envisaged limits of this paper. The essential rules in the Law on the cause of contracts are the ones that refer to the basis of contractual obligation and motives for concluding a contract. The Law adopts the so-called objective-subjective theory on cause, which means that it requires the existence of a genuine and permitted basis of contractual obligations as one of the preconditions of formation of a contract and its validity, while it does not define what the basis of contractual obligations actually means. Surely, it cannot be subjective reasons, inner motives that drive parties to conclude a contract, since they are regulated in another article of the Law, which prescribes that permitted inner motives do not effect the formation and validity of a contract in any way (such effect may only have illicit motives under specific conditions). The basis of contractual obligations and motives for concluding a contract are the two legal institutions in the Law where the question of the purpose for which parties intent to contract gains direct legal relevance. However, it has some legal relevance within the framework of other legal institutions as well. The Law in various wordings, namely, takes into account the purpose of concluding a contract in relation with the notions of void contract and consequences of its nullity, conversion, partial nullity, specific cases of rescission of contract (rescission of contract with successive obligations due to nonperformance and rescission of contract due to partial impossibility of the object of the contract), rescission or modification of contract due to supervening events (clausula rebus sic stantibus), nullity of certain provisions of general terms of trade, unjustified enrichment and novation. Finally, the author remarks that there are legal institutions in the Law where the wording does not uses the expression basis, purpose, motives or any other with a similar meaning, but their essence can only be explained by no other theory but the theory of cause. Thus, the author's opinion is that the justification of nullity of sham contracts, rescission of contract due nonperformance or impossibility, the objection of failure to perform (exceptio non adimpleti contractus), the rule according to which unclear clauses in a contract are to be construed in the light of the common intent of the parties, just as the fraudulent conveyance (actio Pauliana) where the law sanctions the illicit, fraudulent motive of the debtor to swindle, evade his creditors, lies in the very theory of cause, even though such an inference cannot directly be drawn from the phrasing of the given article in the Law. [ABSTRACT FROM AUTHOR]

This paper is dedicated to the conditional delay of criminal prosecution in article 236 of the Serbian Code of Criminal Procedure. This is so-called diversion concept. This institution has changed in procedural reforms in 2004. and 2009. Generally, there are some better solutions in current regulations. Evidently, the legislator attempted to wide this institution in practice. On the other hand, the paper presents critical comments of some provisions. Therefore, the author suggest the improvement of legal text. [ABSTRACT FROM AUTHOR]

Some aspects of the safety measures subject matter is discussed in the first part of the paper. In the second and third part of the paper the author carries out an doctrinal analysis of the legal clauses which regulate conditions for passing the safety measures of obligatory treatment of alcoholics and drug addicts. In the end the author concludes that new legal clauses which refer to safety measures in the new Criminal Code are worse than in the anterior one. He also draws a conclusion about legality of passing those safety measures from the standpoint of the Constitutional law. [ABSTRACT FROM AUTHOR]

In Serbia it is prescribed that foreign legal or natural persons could not become owners of agricultural land, while in Montenegro, Croatia and The Federation of Bosnia and Hercegovina there is the ban for both agricultural and forest land. The aim of this paper is to show that such a ban creates an economic environment where an optimal allocation of agricultural and forest land as a production factor could not be achieved. The cost - benefit analysis shows that main gainers are domestic producers and buyers of land who are able to realize a monopoly profit, whereas sellers of land are at loss, getting a lower economic rent, as well as foreign buyers. A total loss of domestic sellers only is bigger than a total profit of buyers. In the end, it is being pointed to a relativity of the ban, in the sense of a possibility to easily get past the ban through provisions of the other norms. The conclusion points out that an eventual suspension of the ban would stimulate efficiency of domestic economies and an increase in the neto welfare. [ABSTRACT FROM AUTHOR]

In this paper the author gives an overview of the regulation of compulsory licence in international and Serbian sources of patent law. From international sources the subjects of analysis are the Paris Convention, TRIPS Agreement and the Community Patent Convention, whereby the last one has not come into force yet, but also contains rules on compulsory license. As far as Serbian law is concerned, all patent laws are analysed, from the first one adopted as early as 1922 in the first Yugoslavia, until the effective Patent Law from 2011. The evolution of compulsory licence is traditionally paralleled to the institution of forfeiture of patent. As the forfeiture of patent, as a sanction against the patent owner who does not intend to exploit the invention, was gradually losing its significance, so were the rules on compulsory licence becoming more detailed and nuanced. Nevertheless, at present compulsory licence is an instrument rarely applied in practice. This is primarily true of cases of compulsory licences that are usually referred to as classical, such as the one issued when the patent holder does not exploit the invention or exploits it insufficiently and the one issued for the purpose of exploitation of a dependent patent, on the one hand, and the compulsory licence issued in public interest in narrower sense, on the other. It is to be expected, however, that two latest subcategories of compulsory licence, the one issued as a remedy for the infringement of the rules of competition and the one issued for the production of medicines for the purpose of export into countries with problems relating to public health, will be applied more frequently in practice. [ABSTRACT FROM AUTHOR]

In this paper the author presents the evolution of the simplified procedure in Serbia from 2001 to 2011. He points to some legal innovations in this field during that deccenium. He compares old and new legal provisions about simplified procedure and finds some differences. There is a constant tendency to expanding the area of criminal offences which can be judged in this procedural form. Some new legal provisions result from new model of investigation or from new concept of trial. Some innovations are more consistent and precise. But, there are also illogical and contradictory provisions in code of criminal procedure from 2011. [ABSTRACT FROM AUTHOR]

The Western Balkans in the period from 1992 to 2000 and later was the site of serious armed conflicts in which there was a significant threat to human life and other human rights of the civilian population. The deployment of international humanitarian organizations in this area was significant and with somewhat different role than the example of the African continent or elsewhere. Period of the ten war years as many post-war years of their engagement was quite enough for methodologically correct examenation of their role, problems and attitudes of the "beneficiaries" of these organizations on the activities of these organizations and their synchronization with the government. Numerous problems were noted from the practice of humanitarian organizations that are potencially usefull for improvements in the future. In this paper we present only some parts of the expert group from Serbia extensive research who exactly talking about these problems. Particularly interesting are the data on the abuse of humanitarian aid as well as data that are different from those presented by some official international organizations. [ABSTRACT FROM AUTHOR]

Due to the poor wheat harvest in exporting countries of Eastern Europe in the second half of 2010, the price of wheat on the world market is constantly growing. Serbia was disposed of surplus after the harvest and used it for exporting into other markets. At the end of the year the possibility of introducing temporary export tariffs on wheat was announced, in order to prevent price increase in food, reduction of purchasing power and shortage of wheat on domestic market. The aim was to review the effects which would result from assuming the introduction of the proposed measures. The paper presents the movement of wheat prices on international and domestic markets, analyzes the economic effects of export restrictions and lists international treaties that Serbia had accepted, and which represent an obstacle to the introduction of such measures. [ABSTRACT FROM AUTHOR]

In contemporary tax systems there are three basic models of taxation of personal income: schedular, global and mixed. Until recently, the global income approach has been favoured as the best solution, but contemporary economic circumstances have led to alternative models of taxation of personal income: dual income tax, negative income tax and flat tax. In this paper author deals with advantages and disadvantages of each of these systems and suggests possible options for reform in Serbia. The European Union does not require a specific model of income taxation and therefore there is a lot of different solutions, although there is difference between the old and new members. [ABSTRACT FROM AUTHOR]

This article is dedicated to the new provisions in Code of Criminal Procedure in Serbia, which went into effect in 2009. The article presents critical comments of some inapplicable, contradictory and unclear provisions. The paper is separated in four parts: 1) reference to another nonexistence provisions; 2) contradictory provisions; 3) unclear provisions and 4) gaps in the law. Therefore, the author interprets those confused regulations and suggests the improvement of legal text. [ABSTRACT FROM AUTHOR]

The conclusions of so called St. Nicholas' Committee (convened on December 6th, 1868 -- on St. Nicholas' Day, with task to prepare the new constitution) concerning bicameral structure of National Assembly were presented in this paper. The conclusions of the Committee regarding the structure of National Assembly did not serve as a model for the provisions of the Constitution of the Principality of Serbia of 1869 (so called „Regency Constitution“). Although the Constitution of 1869 did not introduce Senate, one third of the deputies of Assembly were appointed by knez. According to its provisions, those appointed deputies were, in some way, a substitute for the upper house of the legislature, envisaged by members of St. Nicholas' Committee. [ABSTRACT FROM AUTHOR]

Serbia (among the last countries in Europe) has introduced the institution of the nuptial (marital) agreement into the substantive legislation. Family Law of the Republic of Serbia from 2005 eliminated the difference between the substantive law of the Republic of Serbia and practically all European comparative legislatures with regard to the possibility of modification of the statutory marital-property regime. However, the aforementioned institution is not for the first time found in the Serbian law. Its existence and application in Serbia of the nineteenth and twentieth century had relatively long tradition. The period following the Second World War brought about the prohibition of modification in the statutory regime of common property of spouses. Under the Family Law, for the first time after more than six decades, it is established that spouses and future marital partners shall be entitled to change statutory regime of the common spousal property and enter into legal transactions which will pro futuro regulate their property relations both in the matters of the existing as well as the future property. The institution of nuptial (marital) agreement enables the prospective as well as the existing marital partners to arrange for the separate-property regime and to regulate their relations in accordance with the principle of freedom of contract, without any formal restrictions existing until then. Theoreticians have recognised a number of systems of property relations between spouses in the European law. Principally, their considerations boil down to the three, i.e., the four major approaches. „The first system includes merging of the property, the second one refers to the separate property system and the third one is the joint property system or ownership in common“. Individual theoreticians also refer to the fourth system -- „the deferred community property regime (i.e. the community-of-property regime) This paper underlines that nuptial (marital) agreements do not have the same function in reform countries as in other countries across our continent. In the societies undergoing transition the family legislation generally maintained the joint property regime. Accordingly, in these legal systems the nuptial (marital) agreements attempt to satisfy the aspirations of spouses to establish the separate property regime within their property relations. In majority of significantly economically developed countries, the property relations between spouses are based on the separate property system (as a statutory property regime), and spouses may agree on the community-of-property by means of contract. [ABSTRACT FROM AUTHOR]

This paper considers the need of the harmonization of the criminal procedure legislation with the new Constitution of Serbia, which introduces the method of cross-examination of witnesses. Author describes the differences between continental and anglosaxon model of witness hearing. Afterwards, he points to legal changes which are necessary, and also to some dilemmas. That cannot be denied the possibility that al of that results in strengthen of other accusatorial elements in our legislature. [ABSTRACT FROM AUTHOR]

The paper is divided into four parts. In the first part the author is dealing with the relation of DNA analysis and some constitutional rights, and concludes, the law should explicitly allow any intervention into the constitutional rights of citizens. Afterwards the author examines the provisions of the Criminal Procedure Code of 2001 that is in force. He concludes, the Code has no provisions based on which the DNA analyses could be applied lawfully. Thereafter, in the second part, the author talks about the Criminal Procedure Code of 2006, that is not in force, but which entering in force has been delayed until December 31, 2008. The author emphasizes that Art. 143. para. 3 creates grounds for the lawful application of the DNA analyses in practice. However, the provisions are very few and not sufficient considering the importance of the rights that are potentially endangered by conducting DNA analyses. The third part is devoted to the issue of taking samples by force for DNA analyses, under the light of the practice of the European Court of Human Rights. The author concludes the provisions of the new Criminal Procedure Code of 2006 that regulate the taking of samples by force are in compliance with the practice of the Court. The forth part is dealing with the need and models of creating centralized DNA registers in Serbia. In the final part the author gives his final, concluding remarks and points onto the need for further legislative work and detailed legal regulation of DNA analyses. [ABSTRACT FROM AUTHOR]

Impact of innovation and entrepreneurship in the times of economic crisis is analized. Central topics of interest in the paper are: relationship between innovation and unemployment, the role of SMEs within overall economic structure, as well as their importance in the processes of innovation and economic crisis. It is concluded that for Serbia to overcome existing economic crisis it is necessary for the government to support the SMEs sector and other subjects of the economy in order to ease their recovery from the economic crisis. In the long run development of entrepreneurial and innovative culture is the guarantee of stable growth and development. [ABSTRACT FROM AUTHOR]

Ombudsman authority disposes of an action before the Constitutional Court to review the constitutionality and legality of laws and other regulations. This competence is in the function of supplementing the general system of protection of the human rights. The exercise of this competence involves a systematic approach to the interpretation of the whole legal system, particularly the proper interpretation of constitutional norms and values that they protect (including human rights as an essential value). Thus, in effect, the Ombudsman achieves a major share in the overall system of protection of the rights of citizens and raising awareness of their importance in modern society. This, in effect, defines the real measure of the impact of this institution in the general system of protection of human rights in our country. [ABSTRACT FROM AUTHOR]

Having the Constitution of Serbia in mind, valid criminal legislature (Criminal Law and the Law of criminal procedure), the working basis of the competent state authorities is their legislature (legality). Unfortunately, this is not often the case. So in the case of the temporary arrest obtaining accused to the court proceeding, there must not be any dilema, because it is one of delicate institutions of criminal law. In the previously mentioned examples, according to our opinion, there is a breaking of Law because previously defined or extended temporary arrest is „shortened", for a few days by the new decision. That is why we expect the Court of Cassation to observe existing laws and regulations, as it is shown above. [ABSTRACT FROM AUTHOR]

The article sheds light on civil procedure code draft pr?pared by renown Serbian lawmaker Jovan Hadžić in 1845. Contrarily to Hadžić's work on producing civil code, his efforts to write civil procedure code are to a large extent obscure. Original text of the draft has not been found. Therefore, one is imposed to reconstruct it with the aid of auxiliary sources, among which the record kept by the commission tasked with revision of the draft, has prevailing significance. The author made an attempt to determine the structure of the draft, as well as the contents of its provisions as accurately as possible, wherein the remarks that the Commission had made were of most assistance. Hadžić consigned his draft to the Prince Aleksandar Karađorđević on August 4th 1845. The Draft consisted of introduction and three parts. The introduction comprised of general provisions. Therein was stipulated principle of trial by written declaration, determined five kinds of courts before which civil procedure should occur and established vacatio legis. The first and concviningly largest part of the Draft was most likely entitled "On principal litigations and litigation evidence" ("O parnicama glavnima i parničnim dokazatelstvima"). It included diverse rules, such as proceedings before peace courts, proceedings before district courts, ordinary course of litigation (i. e. rules in terms of filing a complaint, scheduling of hearings, subpoenas delivery, procurement of evidence, trial, bankruptcy proceedings, forms of evidence, presentation of evidence and deliberation of judgment), appellate procedure, new trial and enforcement procedure. The third part subsumed the title named "likvidacija" (literally "liquidation"), whose contents is undeterminable on the basis of existing text of the draft, resolution of bankruptcy proceedings via settlement, resolution of regular litigations via settlement, title named "on special proceedings and advantages" ("o osobenom postupanju i blagodejanijama"), probably related to bankruptcy proceedings) and arbitration tribunal. Within the third part, one can find solely two short titles encompassing provisions on judge and attorney's service. The Prince forwarded consigned draft to State Council. Thereafter the Council established the Commission to revise the Draft on August 20th 1845. The Commission was made up of Stojan Simić, president of the Council (as the chairman of the Commission), state counselors Lazar Arsenijević Batalaka and Stojan Jovanović, the Council's Secretary Jovan Marinović, Director of Prince's Office Aleksa Janković, professor of law Maksim Simonović, secretary of Appellate Court Jakov Dimšić, secretary of Archdiocese Consistory Court Vasilije Lazić and secretary of Ministry of Justice Pavle Popović. The Commission made numerous alterations in the original text of the draft. Several titles were repositioned (settlement in bankruptcy proceedings, special proceedings and advantages, settlement in regular litigations and unnamed first title of the second part, probably referring to recusal). Some other remained in the same place, but were completely altered (rules on peace courts and unnamed fourth title in the first part, provisions on liquidation and arbitration tribunals and the whole third part). Rules on enforcement of judgements were modified exclusive of several provisions. The Commission also passed a multitude of remarks on contents and style of the draft's articles, whereas the first-mentioned were far more frequent. Only a few provisions did not undergo any modifications. By reason of considerable corrections had been made, the Commission decided that the draft should be reproduced and confined that task to Maksim Simonović, its most qualified member. Howsoever, it turned out to be overcomplicated due to excessive changes and inability to reproduce some titles in a fashion to regulate respective matters detailedly enough. Consequently, the Commission ordered Simonović to write an entirely new draft, which meant Hadžić's draft was definitely rejected as the basis for future civil procedure code. By reason of considerable corrections had been made, the Commission decided that the draft should be reproduced and confined that task to Maksim Simonović, its most qualified member. Howsoever, it turned out to be overcomplicated due to excessive changes and inability to reproduce some titles in a fashion to regulate respective matters detailedly enough. Consequently, the Commission ordered Simonović to write an entirely new draft, which meant Hadžić's draft was definitely rejected as the basis for future civil procedure code. [ABSTRACT FROM AUTHOR]

A key turning point regarding to environmental protection was the United Nations Conference on the Human environment held in Stockholm, in 1972. On the Conference was adopted the UN Declaration on the Human environment. On that occasion established fundamental principles of environmental protection. At the Conference, UNEP, held in Rio de Janeiro in 1992. has adopted the UN Declaration on the Environmental protection and sustainable development. The Council of Europe has adopted a number of documents in which the central part is the protection of the environment. The Council of Europe adopted the following conventions: Convention on the Conservation of European Wildlife and Natural habitats in 1979; Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment in 1993; Convention on the protection of Environment trough Criminal Law, in 1998; and European Lanscape Convention in 2000. The Constitution of Republic of Serbia proclaims the right to a healthy environment, but also establishes the obligation of all, to conserve and improve it. The fundamental principles of environmental protection system in our county are regulated by the following .The Law on Environmental Protection, The Law on Environment Impact, The Law on Environment Strategic Impact and The Law on Integrated Pollution Prevention and Control. These Laws are aimed towards establishing an environmental management system and providing protection from natural balance degradation. With a great number of Laws in particular sectors of environmental protection, Republic of Serbia received modern legislation, which formed, a good basis for economic and social activities involved in environmental protection. [ABSTRACT FROM AUTHOR]

Cooperation of customs administrations between Member States of the European Union and cooperation of the Customs Administration of the Republic of Serbia with foreign customs administrations, regarding the efficient exchange of information is, most certainly, one of the important conventional measures for suppressing customs evasion and also a significant measure for increasing the efficiency of customs collection. Problems of information exchange regarding customs in the European Union has been regulated with two main instruments: Council Regulation 515/97, on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters and Council Directive 2010/24/EU concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures. Additionally, the current multi-year program for customs in the European Union (Customs 2013) is contained in the Decision of the European Parliament and Council 624/207. Problems of information exchange regarding customs in the Republic of Serbia are regulated with one main instrument: Agreement on administrative assistance in customs matters of the Republic of Serbia and other countries. [ABSTRACT FROM AUTHOR]

This work represents scientific and expert analisys of data colected on project and programms that deal with student safety and security of schools in period since 2000 onwards, which were financed and supported by two key institucion deeling with youth. Those two institutions are Ministry of Education and Ministry of Youth and Sport, which is after passing Nacional Youth Strategy supported many projects that deal with the youth problems. The text has been made with the purpose to isolate key element for the presentation and analysis of projects and programs realized and which realization is still in progress in the Republic of Serbia, and then to give a critical evaluation of each one in order to come to an optimal model and programs to protect security of schools in the Republic of Serbia, which is the purpose of the project. First of all, named criteria used for selection of projects that will enter the field of analysis and presentation, and then the criteria or parameters by which we evaluate the pros and cons of each. The following text is part of Faculty of Security Studies financed by Ministry of Education and Science of the Republic of Serbia named by „Safety and Protection of Organization and Functioning of Educational System in Republic of Serbia“. [ABSTRACT FROM AUTHOR]

Hajim S. Davičo (1854-1918) represents a significant member of Belgrade merchant Sephard family. He was distinguished as a writer, translater, literary critic, diplomat and a figure in Serbian public life. As a Serbian diplomat, he served at Consulates in Budapest and Triest. He lived and worked in Munich as the chief of Serbian merchant mission. During the World War he lived in Swizerland and died in Geneve in 1918. His stories are interesting cultural and etnographic testimony of Sephard life and folclore in Belgrade. With his translations of theatre plays from Italian, German and Spanish and sharp theatre criticism, he tried to shape the taste of the audience and raise cultural level of his surroundings. [ABSTRACT FROM AUTHOR]

Although the AP of Vojvodina according to the new Constitution of Serbia remained autonomous territorial community within the unitary governed state of Serbia, after the Law on defining the jurisdiction of the Autonomous Province of Vojvodina, and especially after the new Statute of the Autonomous Province of Vojvodina and the related provincial regulations, position and role of the provincial government were significantly changed, while its organization remained almost completely unchanged. The most important changes regarding the position of the provincial administration are reflected in the fact that the provincial government is now much more related to the provincial Government, than to the provincial Assembly and occurs as a result of changes to the principles of organization of the provincial government. The main change in the role of provincial government is reflected in the take-over of certain tasks and duties of the administrative functions of state government, which until now were reserved exclusively for Government of the Republic of Serbia. Regardless of the important novelties that have been made regarding the position and role of provincial government, some of them could suffer, maybe not so small change, after Federal Constitutional Court makes the decision in the process of assessing the constitutionality and legality of the challenged provisions defining the jurisdiction of the Autonomous Province of Vojvodina and the Statute of the Autonomous Province of Vojvodina. [ABSTRACT FROM AUTHOR]

Vlastela (noblemen) was the term that designated the privileged class in mediaeval Serbia. The etymology comes from the word vlast (power), so vlastela (singular = vlastelin) are those who have a power over another category of persons. The high social position of the noblemen (vlastela) could be clearly seen out of the legal documents, wherein the sovereign always mentioned the noblemen beside his relatives. The noblemen are mentioned in the sources among the court dignitaries as well. The nobles in mediaeval Serbia were not a homogeneous class. Their ethnic origin, social, political and economic position were different and therefore they could be devided into several groups. All those persons that Serbian rulers called „my royal (or imperial) noblemen" (vlastela kraljevstva or carstva mi) were not always Serbs. Among the noblemen there were different nations, such as Greeks (Byzantines), Germans, Albanians, Latins, etc. In Serbian Mediaeval State, the difference made between noblemen on the basis of their social, political and economic position was much more important than the one made on the basis of their origin. Some lords belonged to the Church while most of them were worldly noblemen. According their political and economic power the sources are speaking about the great, small and lesser lords. And finally, some lords have got their manors as a hereditary estate and some as a fief. Using all those criteria we can divide the noblemen class in tree basic groups: a) ecclesiastical and worldly lords (crkvena i svetovna vlastela), b) great, small and lesser lords (velika vlastela, mala vlastela i vlasteličići), and c) hereditary estate holders and fief holders (vlastela baštinici i vlastela pronijari). [ABSTRACT FROM AUTHOR]

The Constitution of the Republic of Serbia, with its article 102, seeks to solve a controversial question in the multiparty Serbia, to whom belongs a deputy mandate once a deputy (MP) leaves the political party on whose proposal the deputy was elected for that function. The Constitution has, with an uncommon solution where the deputy is given the freedom to renounce to the mandate favor of the political party, created a ground for the further polemics about the nature and belonging of the deputy mandate in our system. The disposal of the mandate to the political party is some kind of legal affair which is politically motivated (extortionate). Thus, the clash between legal and political argumentation persists, and while interpreting this constitutional norm, even the whole constitutional system, in such manner to protect the deputy or, perhaps, the political party. Questions regarding the national sovereignty, position and the role of the parliament and political parties, with the election system, provide a broader context to the analysis of the nature and belonging of the deputy mandate. [ABSTRACT FROM AUTHOR]

In addition to establishing the legal continuity in the field of public administration with a new legal order which is determined by the Constitution of the Republic of Serbia from 2006, the necessity of completely new Law on General Administrative Procedure, regardless of the existing law really being one of the best legal regulations in our legal system, is caused primarily by the need for modernization of administrative procedures. Only the terminology changes that were proposed in the Law amending the Law on General Administrative Procedure are not sufficient. Suggesting only linguistic changes in the law on general administrative procedure for its harmonization with the new Constitution, the opportunity was lost to implement into administrative proceedings in the Republic of Serbia many new solutions that should modernize the work of public administration bodies and to make the entire administrative procedure more economical and efficient, while more accessible to citizens' needs as well. For the creation of the state administration in Serbia that will be able to provide high quality services to citizens and be the successful bearer of the reform of the entire social and economic development, it is necessary that the future Law on General Administrative Procedure contains many new institutes that are known in comparative practice of developed countries, which relate primarily to facilitating electronic operation of public administration and raising the level of legal security for citizens. [ABSTRACT FROM AUTHOR]

According to article 61 of the Treaty of Rome, Community has the duty of developing an area of freedom, security and justice, inter alia, trough adoption of measures in the field of judicial cooperation in civil matters. Based on this, Community's institutions have adopted the Regulation which will, starting from December 2008, enable courts in member states to issue European orders for payment in matters with cross-border implications. European order for payment procedure should speed up and simplify recovery of uncontested pecuniary claims in other member states by eliminating unnecessary litigation when it is clear that there is no dispute between parties as to existence or amount of a claim. Furthermore, Regulation no. 1896/2008 creating European order for payment procedure has the objective of establishing minimum standards for protection of defendant's rights, compliance with which renders unnecessary any control of order prior to its enforcement in other member state. The Regulation contains rules dealing with its scope of application, jurisdiction, conditions for issue of an order, service of the order to the defendant, statement of opposition to the European order for payment etc. This article contains an overview and comments on the most important characteristics of the Regulation, as well as observations on its significance for Republic of Serbia and domestic natural and legal persons. [ABSTRACT FROM AUTHOR]

Institutional changes in the administration of Republic Serbia, that included all areas-organizational, functional, and personal, have started in the beginning of 1990s, with The Constitution of Republic of Serbia in 1990 and The Law on state administration in 1992. Those changes were continued even after 2000. especially in the area of organization of state administration. A large number of administrative bodies was formed, but also a large number of different agencies, which legal nature haven't been specified in many cases. In the end of 2004, the government of the Republic of Serbia has adopted a very important document- The Strategy of reform of the state's administration in the Republic of Serbia. This document defined the basic weaknesses of present system of state administration and directions of administration's reform. On the basis of those strategic orientations, during 2005 were adopted several important amended laws: Law on Public Agencies, Law on Government, Law on State Administration, Law on State Officials, Law on Ombudsman, and also Regulation on changes and addition of the regulation on principles of internal organization and classification of positions in ministries, special organizations and government services. The main intention of above mentioned regulation was to racionalize personally and financially serbian state administration. At the same time, The Law on the State Administration established entirely new conception of the state administration - administration understood as "social function" and "public service". Certain novelties from this law are undoubtedly rather useful,(for example, provisions that guarantee depolitization of the state administration even more than it was present so far). On the other side, one can get an expression that some solutions from this law aren't established in our tradition of public law nor in still valid Constitution of the Republic of Serbia. It is specially related to the enumeration of activities of state administration, in which the activity which is crucial for the state administration -authoritative activity in individual situations - is placed in the background, as far as to some unauthoritative activities were given primary importance. At last, certain provisions of The Law on state administration from 2005. are kind of restoration of some solutions which characterised socialistic laws on state administration, which were by practice have shown as absurd and surpassed (for example, „attendance and fortification“ of activities from the state bodies). Only the life will show, whether and when should be this law in the future amended. [ABSTRACT FROM AUTHOR]

Serbian legal science has marked two centuries of reception of different influences, especially during last decades of 19century and first few decades in 20 century. The problems of retroactivity as such and protection of earlier acquired rights were not fully established, explained or made as progressive and modern concepts till 1888. and study of Gligorije Geršić on that topic. Forty years later, the attempt of Žarko Miladinović, former minister of justice, Miladinović didn't established something special in this area, but it is important to be mentioned because it is one of the kind studies in which we can see how the reception of any foreign influence was taken. In this case, we are talking about reception of austrian legal concepts, in very specific time. [ABSTRACT FROM AUTHOR]

Since licences agreements are the most frequent way to explore economic value of the software nowadays, software producers settled new forms of contracting in order to make its' concluding much faster and cheaper. The shrink-wrap licences are the form of the licence agreements where contract conditions are published on the package and shrink wrapping produces the legal consequences. Taking into account that those act is, actually, the real act that one is supposed to undertake as owner of cd-rom, in most countries, including our which was in the centre of this work, the question of their validity occupy the legal and software experts public. In that sense, applying the general contract and other related regulations, it is possible to conclude on conditions sine qua non in order to make a valid shrink-wrap software licence contract. According to mentioned, wrapping the package could be treat as expressing the will to be fasten by the contract if the user could expect those consequences, regarding the fact that notion was published on clear and doubtless way. On contrary, contract could be valid on the fact of using, just if the offer was attached inside the package. Further, acceptance obliged the user in the range of the contract conditions with whose he was acknowledged or he has has to be, since those conditions or general terms of contracts had been expose. Finally, if the user is consumer under the consumer rights regulations, the shrink-wrap licences has to be published in Serbian language, doubtless when cd-rom with software on it is distributed on the Serbian market. [ABSTRACT FROM AUTHOR]

Regardless of the fact that a new Constitution of the Republic of Serbia basically doesn't foresee significantly different status of Vojvodina, which is still just an autonomous territorial unit within the unitary regulated Republic of Serbia, nevertheless, is the total legal status of provincial administration in the Draft for the Statute of the Autonomous Province significantly differently regulated. The most important changes are in the entirely different principle of the organization of the provincial government which affected significantly different relations between the provincial administration and the Assembly of the Autonomous Province and the Government of the province as well as on the constitution of provincial administration counties which should execute the affairs of the provincial administration outside the main office of the provincial administration bodies which currently don't exist. To have a total view of the new legal position of future provincial administration in legal aspect will be possible later, when other important issues of the legal status and the organization of provincial administration are regulated by the decisions of the Provincial Assembly and the Provincial Government, authorized by the future Statute of the AP Vojvodina. To some provisions of the Draft for the Statute about the legal status of the provincial administration could be raised objections, however, equally as it was the case with numerous provisions of this act, to which the competent public already pointed out that they were not in concordance with the Constitution of the Republic of Serbia. Surely, the greatest imperfection in this regard represents the total failure regarding the choice of principle of provincial administration organization, where instead of the constitutionally stipulated assembly system of the government union, there is introduced the principle of the division of government and the parliamentary system. Similar problem exists with the provision about the provincial administration counties, which divide Vojvodina to geographical regions unknown to the Constitution of Republic of Serbia. Great issue with the Constitution, but also with the Act about the protector of the citizen's rights and the Act about Local Self-Government, have the provisions of the Statute addressing the Provincial Ombudsman, by which the manner of regulating the jurisdiction of this provincial institution is entirely failed. Beside these there are numerous other provisions about provincial administration which are not entirely in concordance with the Constitution or some of the Republic Laws. Therefore, in order to make the status of provincial administration entirely founded on solutions from the new Constitution and valid republic legislation, it is vital to eliminate all the noted imperfections, so that the final legal shaping of the major future provincial legal act wouldn't have to be performed by the Constitutional Court of the Republic of Serbia. [ABSTRACT FROM AUTHOR]

The article is giving brief presentation of European and Serbian experiences, legislative and other measures on combating of mobbing and bullying. Mobbing at work is characterised by systematic psychological abuse or humiliation of a person by and individual or a group, with the aim of damaging his or her reputation, honour, dignity, integrity. It has already been described as a more serious safety and health issue than any other in the workplace. At european level (the EU), diverse efforts have been made to promote actions to tackle mobbing, starting with Directive 89/391. The European Parliament also approved a Resolution on harassment at the workplace (2001). The new European Strategy on Health and Safety (2007-2013) highlights the importance of promoting mental health at work. Following this, Serbian Government also has prepared the Draft act on combating harassment at the workplace. [ABSTRACT FROM AUTHOR]

The article begins with the notion and importance of real estate public records in general, and the current structure of these records which has existed in Serbia for a while. The article then gives an overview of the concept of uniform real estate public records and the cadastre as a model for achieving the uniformity in real estate public records. The analysis is focused on the comparison between the provisions of the Act on Land Survey and Cadastre and Registration of Rights Relating to Real Estate, currently in force, with the Draft of the Act on Land Survey and Cadastre. The author comes to the conclusion that the new Draft will adequately remove all deficiencies of the law of in force, since it adopts established and reliable rules of land registry legal rules (principles, rights to be registered, types and effects of registration, registration procedure, remedies). However, the author emphasizes the fact that novelties introduced by this Draft, especially those relating to the composition of the cadastre and the real property deed, will permanently distance this type of registration from the old land register books. [ABSTRACT FROM AUTHOR]

The article gives general overview of Agreement on Association and Stabilisation and Provisional Trade Agreement entered into between European Community and Republic of Serbia. European Community and Serbia have never had as close ties as established by these two Agreements. This article provides an in-depth analysis of the procedure leading to as well as of the rights and obligations arising from these Agreements. Since Association and Stabilisation Agreements belong to the category of international agreements of the European Community, they will provide judicial protection to citizens of Serbia within the EU legal system. This article refers to sources and case law on similar international agreements entered into by European Community. [ABSTRACT FROM AUTHOR]

The analysis provides for the following conclusions: 1. Proportion of total public revenues in GDP in Serbia exceeds the one in the EU, both with respect to overall estimate in the EU and as between EU member states, which proves that fiscal burden in Serbia is higher than in EU member states. Unlike the EU, in which there is a trend of decreasing fiscal burden, in Serbia there is a trend of increasing fiscal burden. 2. Unlike the EU, Serbia collects the significant percentage of its GDP through mandatory social security contributions. 3. Unlike the EU, Serbia relies more on taxation on spending than on taxation of income. Taxation on personal income participates in total taxation revenue in Serbia for less than 10 percent comparing to the EU. 4. Serbia needs to shift its fiscal policy toward the decrease of fiscal burden and further developf its public revenues structure. [ABSTRACT FROM AUTHOR]

The article contains discussion on most important characteristics and legal effects on transfer of shares in private company contract according to Company Act of Republic of Serbia, taking into account solutions in comparative law. Author underlines lack of legal regulations advocating their rectification. Author suggests need for clear legal regulation of the moment in which transfer of shares takes effect and reconsideration of the principal of joining of shares in case of further shares acquired. [ABSTRACT FROM AUTHOR]

World economy stepping down in the liquidity crises causes through the real estate sector problems, particularly in the USA. The scarcity of the investments is one of the consequences. For Serbia diminishing of current account deficit is prerequisite for the regular repayment of external debt. It is necessary to attract the bigger amount of foreign direct investment once when the process of privatization would be finished. Motivation for investing in Serbia has to be intensified by the creation of attractive and stimulating ambience. Until now, FDI was mostly directed to purchase of Serbian companies. Bigger inflow of FDI as well as structural changes of real economy sector in Serbia could result with the stronger export growth and decreasing of trade deficit in the next years. Economic and institutional factors should be directed to create a framework which is important for FDI inflow. Every measure contributing to reduce dollarization and strengthen the local currency and trust in the domestic financial system is a step in the right direction. [ABSTRACT FROM AUTHOR]