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The recent amendments and supplements to the Criminal Code of the Republic of Serbia contains, inter alia, new criminal offense called “violation of a prohibitions imposed with security measure”. As it is prescribed, crime can be done only with intent. Fine or imprisonment of up to six months can be imposed to perpetrators. In the Explanation of the Draft Law on the amendments and supplements to the Criminal Code is stated that the purpose of prescribing new criminal offense is to provide a sanction for violating a security measure based prohibition. The author’s attention in this paper are the consequences of the violation a prohibitions established (imposed) by (with) the security measures. The first part of the article contains a basic overview and analyze of new criminal offense, but the central part is dedicated to the consequences of the violations of a prohibitions which are the imposed with security measures, but also by the other measures that are not prescribed by the Criminal Code. The aim of a paper is to react to the fact that there have been consequences for certain violations of a prohibitions established by some security measures prescribed in our previous legislation, but specially to pointing out to the certain illogicalities that now exist in our criminal and penal law. [ABSTRACT FROM AUTHOR]

This paper deals with the concept of administrative actions and their classification in the Serbian law. With the adoption of the new Law on General Administrative Procedure in 2016, administrative actions have been defined in this Law. Therefore, there is a need for analysis and theoretical determination of this important institute of administrative law, bearing in mind that the domestic theory of administrative law dealt with administrative actions only on the basis of special administrative legal texts. This paper tried to analyze and compare whether there are significant differences between the theoretical conceptions and the new definition of Law on General Administrative Procedure, of administrative actions. Based on the spotted differences, the author tried to determine the concept of administrative actions, which would be in accordance with the new definition, but which will not neglect the previous theoretical views of the actions of the administrative bodies. Also, comprehensive classification of administrative actions was carried out, pointing to examples of administrative actions. [ABSTRACT FROM AUTHOR]

This paper researches and analyses cooperation of security services of SFRY with security services of other countries, from the Brioni plenum, i.e., in the second half of 1966, until the mid 80s of the 20th century. Starting from the policy of the then state and political leadership, the paper analyses the results of cooperation realized with security services of western and NATO countries, countries of the Warsaw Pact, Non-aligned countries, as well as other countries and freedom movements. State security services of the Socialist Federative Republic of Yugoslavia played an active role in cooperation of many security services in various parts of the world. The priority in this cooperation were freedom movements which the then Yugoslav authorities supported heartily, “through strategic orientation of its foreign and internal policy in the struggle for independence and as a decisive factor for peace and security in Europe and the world”. In accordance with the proclaimed principles, cooperation with foreign security services was based primarily on principles of equality, independence, non-involvement in internal problems of other countries and mutual respect and solidarity. It ran on bilateral basis, with the aim to strengthen and promote security interests of Yugoslavia, affirm its international position and pro-active role in international relations, especially within the framework of the Non-Aligned Movement. [ABSTRACT FROM AUTHOR]

In the first part, the paper points to general nomotechnical omissions of the lawmaker. Next, it analyses the most important provisions of the Act, such as those concerning the immediate threat of domestic violence within the meaning of the Act. Central part of the paper deals with legislative novelties pertaining to police conduct, with special reference to the provisions on urgent measures whose issuance the Act on Prevention of Domestic Violence vests in the police. It thereby points to the flawed formulation by professional legislative drafters of the provisions on risk assessment, detention, and ones relating to the order imposing urgent measures. Additionally, it touches upon the issues of judicial protection against domestic violence. As a special problem, the author emphasizes (in the Conclusion) the absence of effective misdemeanour liability for the perpetrator of domestic violence, which could be solved by de lege ferenda amendments to the analysed Act, the Public Order and Peace Act and Misdemeanour Act. [ABSTRACT FROM AUTHOR]

One of the basic rights of convicted persons daring the serving of a prison sentence is the right to work. A convict can been gaged only if he agrees. In other words, the prisoner is not obliged to work. Every prisoner who is engaged in employment has certain rights related to his / her work, such as the right to a financial compensation, daily, weekly and annual leave. The object of the author’s attention, as well as the title of the article, is the international and domesti car-rangement of the working engagement ofprisoners who serve the prison sentence in criminal institutions. The work is divided into three systematized units. The first part of the paper points to international documents containing clauses on the work of convicts. The second part of the paper is devoted to domestic regulations related to the subject matter, in particular the Law on the Execution of Criminal Sanctions. Finally, part of the work is dedicated to the working engagement of the prisoners in some penal institutions. [ABSTRACT FROM AUTHOR]

Coercion is undoubtedly the most explicit characteristic of police profession, which is often the base for defining its essence. It is, at the same time, the most delicate segment of police acts, having in mind that its use seriously interferes with human rights and freedoms. Therefore, it is not surprising that most researchers, in their quest to understand the work of the police and system of values of its members, are mostly focused on some of the aspects of using coercion. Although this paper is one in the series of such works, it still offers somewhat different approach to the concrete phenomenon in comparison to the one that dominates here, where the focus is mostly on discussing legal aspects and tactical-technical characteristics of police coercion. Due to its complexity and delicate nature, this topic requires a wider scientific approach, such as the one fostered within criminological perspective. If we add the fact that this perspective of police coercion is quite neglected in our literature, the writing of this paper gets its justification. However, its purpose and demanding scope force us to focus only on one criminological aspect of the concrete phenomenon. To that regard, discussion about aetiological dimension of illegal use of coercion measures seemed especially important. Thereby, due to its exceptionally complex causality, it was necessary to use multifactor approach in explaining the how this phenomenon occurs. Having this in mind, the paper points to some of the most important factors of illegal use of force in the acts of the police by looking at their mutual influence and contribution, firstly at general level, and then at the level of individual forms of this phenomenon in police such as brutality, torture and illegal deprivation of life. [ABSTRACT FROM AUTHOR]

In this paper the authors deal with the tax reliefs provided for residential property occupied by the payers of the property tax. The authors will try to answer whether and what type of tax reliefs are given to this category of property in comparative tax law. The special attention will be devoted to the critical analysis of tax credits provided for residential property in Serbian tax law. [ABSTRACT FROM AUTHOR]

In order for language to be fully accepted as a goal of communication, it is necessary that “participants have the same code, ie. a system of signs or symbols on the basis of which they compose messages. “Communication flows smoothly when all parties in the process know equally well the code that is used in communication. Sometimes, the code used in the preparation of messages differ from the code known to other participants on the other side of the communication process. Communication becomes fuzzy and one-way and must be brought to a state of unambiguous code used for both preparing and receiving messages. In the process of writing regulations, different language codes are used: the one known to everyone, that is, mostly known to everyone, and the other, which is composed of professional terms and terms from foreign languages. The terms from this second code must necessarily be explained by the terms from the first code, that is better known and more frequently used code, since the regulations are also written for a wider circle of people, not only for lawyers who know the second code better. Due to linguistic, but also structural and logical challenges that arise in the process of writing regulations, in 2010 the Unified Methodological Rules for Writing Regulations were adopted. This act regulated in the most precise way, the way of writing regulations so far, their internal structure, and also insisted on determining a unique writing style and terminology that will be used when writing legal acts because of the variety of addressees to which the regulations refer. In our paper, we consider the possible need for change, ie even greater linguistic specification of some provisions of this regulation, in the context of the role and significance of language in law. All our proposals stem from the wellexplained challenges that modern legislation has been facing lately in the process of its creation and self-application. [ABSTRACT FROM AUTHOR]

According to the Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees the seller is solely responsible for non-conformity. The majority opinion was that there was no need to establish producer’s direct liability by the legislation of the EU. However, due to its minimalistic legislative approach, the Directive enables Member states to maintain or introduce more stringent rules in order to achieve higher level of consumer protection, including rules on producer’s direct liability for non-conformity. A relatively smaller number of member states used this opportunity to maintain or introduce regulation on producer’s direct (or subsidiary) liability for non-conformity. Producer’s direct liability is not envisaged by the new Directive (ЕU) 2019/771 either. In the Serbian law the Consumer Protection Act from 2010 envisaged producer’s subsidiary liability for non-conformity. The Act from 2014 replaced this with the rule on the seller’s right to claim redress from the producer in the distribution chain for the obligations performed towards the consumers on the grounds of non-conformity. This approach is supported in the new Act from 2021. The lack of the producer’s direct or subsidiary liability puts the consumer in a precarious position in which he or she may not enforce the rights based on non-conformity, if the seller had ceased to exist or had become insolvent, especially taking into account that as of 2005, the producer’s guarantee became voluntary. Such a state of regulation may be considered inappropriate. In this paper a proposal is made to (re)introduce the producer’s compulsory guarantee for technical goods, supplemented by producer’s subsidiary liability for non-conformity. As an argument in favor of the proposal the example of the Hungarian law may be posed, in which the producer’s compulsory guarantee and the producer’s (direct) liability for non-conformity exist in parallel and wellsynchronized. Both the producer’s compulsory guarantee and their subsidiary liability for non-conformity should be limited to defects and other causes of non-conformity that fall within the producer’s sphere of control. Similarly to the Hungarian law, the producer’s liability should be limited to repair or replacement of the defective or non-conforming product, which are the consumer’s primary remedies. [ABSTRACT FROM AUTHOR]

Margin squeeze occurs when vertically integrated undertaking, which is dominant on the upstream market, charges a price for the product on the upstream market which, compared to the price it charges on the downstream market, does not allow even an equally efficient competitor to trade profitably in the downstream market on a lasting basis. The subject of the analysis in the paper is the abuse of a dominant position by margin squeeze in the competition law of the European Union. The author will present and analyze relevant competition rules in the European Union, the practice of the Court of Justice of the European Union and the European Commission, as well as views expressed in the doctrine, in order to answer whether margin squeeze is an independent type of abuse of dominant position and what conditions are relevant for legal analysis of margin squeeze. [ABSTRACT FROM AUTHOR]

The article sheds light on regulations regarding civil procedure issued in Montenegro at the end of the 19th and the beginning of the 20th century. They deal with various subjects, above all with jurisdiction of civil courts, with deadlines for filing an appeal and with the issue of the finality of judgments as these are the most important questions in civil lawsuits, and, as such, above-mentioned rules were carefully scrutinized in the paper. These first written procedural rules adopted by the Ministry of Justice, the State Council and the Grand Court were very important considering the fact that they introduced modern principles in civil litigations, such as the principles of orality, immediacy, publicity, contradiction, material truth and free judicial evaluation of evidence. However, without the unification of procedural law a speedy and efficient trial and adequate protection of the subjective rights of parties to the proceedings could not be ensured. Only a proper Code of civil procedure could entirely meet these requirements. Montenegrin lawmakers had been fully aware of this fact and so in November 1905 the Code on Judicial Proceedings in Civil Lawsuits for the Principality of Montenegro was enacted. When the aforementioned Code entered into force, the codification endeavor in the field of civil procedural law was completed. Its content, structure and general features were meticulously analyzed in the study. [ABSTRACT FROM AUTHOR]

The obligation to make additional payments is the obligation of the members of a limited liability company to pay the company the amounts of money that finance the company without increasing the share capital and which can be returned to them when the legal conditions are met. The subject of analysis in this paper are legal solutions related to additional payments in Serbian law and the law of individual countries (the law of Croatia, Austria and Germany). The mentioned comparative legal solutions will be processed especially only in those places where the legal rules in connection with additional payments differ significantly in relation to Serbian law. In particular, the subject of the analysis are the following issues: 1. Establishment of the legal basis and determination and formulation (formulation) of the specific obligation of the members to make additional payments to the company; 2. Consequences of non-fulfillment of the obligation on additional payments and 3. Return of additional payments. Serbian law regarding the regulation of the institute of additional payments contains several inconsistencies and weaknesses that should be de lege ferenda eliminated in order for the application of this type of financing of limited liability companies to be more accepted in domestic business practice. [ABSTRACT FROM AUTHOR]

One of the modes of „release ahead of time“ from a penitentiary institution, or from a place of residence in which a convict may be serving his sentence, is early release. Early release can not be approved for every convict. There are exceptions to the rule that convicts are eligible for early release based on good behaviour. Early release may be granted by the director of the Administration for Execution of Prison Sentences or by a judge for enforcement of criminal sanctions. The author’s attention in this paper is precisely the early release of convicts – those serving their sentence in penitentiary institutions as well as those serving them in their place of residence. [ABSTRACT FROM AUTHOR]

The protection of children at work was one of the first topics addressed by labor legislation in the world. However, the regulation of child labor remains one of the insufficiently regulated areas in labor law. Within that, one of the newer topics is light work of children. This form of child labor has existed since time immemorial, especially in the family and household, so it is considered useful for acquiring work habits and experience. However, it can be both dangerous and harmful. In this paper, we present the light work topic, with an emphasis on the existing regulations in the world and the possibilities for a best solutions for regulation of this form of work. [ABSTRACT FROM AUTHOR]

In order to improve cooperation between the competent authorities of the Member States, a mechanism for the exchange of data for the needs of criminal proceedings has been developed at the level of the European Union. Among the elements of that mechanism are the instruments created by the Prum decisions from 2008. The implementation of these decisions has removed barriers to the cross-border movement of certain categories of information, by allowing the competent authorities of one Member State to allow the competent authorities of another Member State to access and search certain databases. Although the Prum Framework is considered a successful instrument of police co-operation, several significant obstacles have been identified over time that hinder the timely and unhindered exchange of data and thus affect the efficiency of investigations. The paper discusses the necessity and direction of the revision of the Prum framework in order to modernize the instruments of data exchange. [ABSTRACT FROM AUTHOR]

Serbian Law on Public Information and Media, following its predecessor, prescribes so called one-sided appeal against a judgment in a litigation over the right to respond to information –appeal is not submitted to the other party. In addition, in such litigation, revision (second instance appeal on points of law) is inadmissible. In this paper such major exception to the general rules of civil procedure is examined with regard to its constitutionality. It turns out that the concept of one-sided appeal is partially unconstitutional, in the sense of limiting the right to be heard as part of the right to a fair trial. After denying the possibility of teleological reduction, one of the two possible ways of legislative solution is proposed, and that is simply abandoning the concept of one-sidedness of the appeal. [ABSTRACT FROM AUTHOR]

Regardless of the fact that there is an appropriate normative framework for sanctioning the commission of the criminal offense of domestic violence, in practice there are numerous problems for proving it before the competent court. Therefore, the author, citing examples from practice, identified problems in proving domestic violence. At the end of the paper, the author will, listing the existing mobile applications and their shortcomings, present ways to overcome these problems by using a newly created application that will have a dual function – prevention of domestic violence and its easier proof. [ABSTRACT FROM AUTHOR]

The development of intelligence and security structures in Yugoslavia in World War II was done in extremely complex political and security conditions. After the April war and signing the surrender on April 17, 1941, the Ministry of Internal Affairs of the Kingdom of Yugoslavia continued to operate within the royal government which was in exile. After the occupation, Yugoslavia was torn apart by the German and Italian forces and their allies and quislings. The territory of the country was torn into two different spheres of interest – German and Italian, as well as four areas of occupation: German, Italian, Hungarian and Bulgarian. This went on until Italy surrendered in 1943. The members of the Croatian Ustaša movement announced the forming of the Independent State of Croatia (NDH), which initially included the territories of Croatia and Bosnia and Herzegovina, and from October 1941, the territory of Srem with the city of Zemun. This paper looks at the work of intelligence and security institutions on the territory of the occupied state at the time, with a special reflection on the development of the safety organs of the partizan movement. [ABSTRACT FROM AUTHOR]

Terrorism is a politically motivated violence that has its roots in the teachings and actions of anarchists. Often understood as a weapon of the weak, terrorism is a means of communication through the exploitation of fear that arises as a result of physical violence. Political motive and purpose determine the theoretical notion of terrorism, while in the specific case, the decision on what a terrorist act is is determined by political interest. Political determinism makes terrorism an ideal means of hybrid warfare which is based on the synergy of numerous individual acts that are compatible with each other and serve the same goal. Considering the complexity of hybrid warfare, the ways in which terrorism can be misused for the purpose of hybrid warfare are also different. The paper describes three terrorism misuse models for this purpose. [ABSTRACT FROM AUTHOR]

Inadequate disposal of waste in landfills produces harmful effects on the environment and human health. In order to prevent or reduce them to a minimum, states devise alternative approaches to waste management and / or prescribe technical requirements for landfilling. In the European Union the Landfill Directive has been adopted, which aims to ensure the gradual reduction of amount of waste disposed in landfills, especially those suitable for recycling or other disposal operations, as well as to provide for measures, procedures and guidelines to prevent or minimize the adverse effects of landfills on the environment, by stipulating strict operational and technical requirements for waste and landfills. The subject of this paper is the analysis of the content of the Directive and its application, with special reference to the case law of the Court of Justice of the European Union in proceedings against Member States that have not complied with the obligations set out in this Directive. [ABSTRACT FROM AUTHOR]

Financial autonomy is of crucial importance for the political automony within the vertical organisation of power. Local level of government seems to be in the most vunerable position, bearing in mind the flexibility of the constitutional framework in this area. The communication between different levels of government is an useful tool in searching for a balans between local needs and needs of public financial sector as a whole. The subject of this paper is the existance of normative and institutional preconditions for integovernmental dialogue between central and local levels of government in the Republic of Serbia. This question had been put into the wider social and political context which include the constitutional position of local self-government, the type of eceltoral system on the both levels as well as the degree of constitutional and political culture in our society. The results of research show that there are normative and institutional preconditions for intergovernmental dialogue in the constitutional system of the Republic of Serbia, but, in reality, there is still much space for developing of a such kind of cooperation. [ABSTRACT FROM AUTHOR]

A termination of employment by being dismissed by an employer is the most delicate form of an employment termination. As such, in the modern Labor Law, is mostly regulated by a state regulation. The legislator is in obligation, during regulating of this institute, to adjust regulations related to termination of employment with the ratified international contracts, and certain directives during making the law are present in acts that do not fall under the process of ratification. Thus, in the paper, the review of the most important acts in the international and regional level is presented, and they regulate termination of employment by an employer’s initiative, starting from the acts of the international labor organizations to the acts of the Council of Europe and Communitarian Law. In Positive Law of Serbia, the analyze of justified dismissal reasons in a contract by an employer has been made. [ABSTRACT FROM AUTHOR]

Initially the paper recalls that the apartment/condominium owner ship is a complex legal construct, which, as a special form of ownership, is the legal institute of modern age. Thereupon, the reasons underlying its legal recognition and widespread use have been indicated, taking into account its deviations from the general ownership regime. Complexity of the apartment/condominium ownership stems from its specific object. Namely, three components of this legal construct: the right on the separate unite of the building (which could be in the the exclusive ownership, co-ownership or in joint ownership), the right on the joint parts of the building (in joint ownership of apartment owners), and the right on the land on which the building is located (in co-ownership of apartment owners). should be normatively shaped and systematically coordinated. Special attention has been paid to the right on the land, from the viewpoint of its peculiarity during the development of a legal system in Serbia after the World War II. The process of conversion, i.e. transformation of the right of use into the right of ownership in Serbia has begun in 2009 by entering into force of the still applicable Planning and Building Act. Evolution of the regulation of the rights of apartment/condominium owners on the land on which the building was erected (including the land which serves for its regular use), from 2009 to 2020, has been examined in detail in the light of its adequacy and capacity to contribute to the (re)establishing of the legal unity of the immovable property, as well as to the prevention of contentious situations. [ABSTRACT FROM AUTHOR]

With the creation of the European Union (EU), the signing of the Maastricht Agreement, the introduction of the single market and freedom of movement of labor and the introduction of the euro as a common currency, the problem of cross-border road transport of cash and valuables between eurozone members arose. This is because almost all EU member states had more or less different solutions and practices for this type of transport. The EU tried to solve the problem by adopting Regulation No. 1214/2011 on professional cross-border road transport of cash between euro-area Member States. The mentioned Regulation successfully solved many problems related to this issue, such as; issuance of appropriate permits (licences), maximum duration of delivery, rights and obligations of teams, necessary knowledge and skills of security staff, carrying weapons in the host country, type and equipment of vehicles, mutual information, etc. Although the intention was to establish a unified system of cross-border money transport, in addition to significant progress in the functioning of private security, it can be said that because some countries have retained their specifics. a unified system with the same rules has not been fully established. The paper presents and deals with the advantages and disadvantages of a single system (securing) of cross-border transport of cash under the said Regulation. The Republic of Serbia, as a country on the path to EU membership, has a special interest in getting to know and preparing in time for the harmonization of its legal solutions and practices which regulate the mentioned area (activity) of private security. [ABSTRACT FROM AUTHOR]

International Centre for Settlement of Investment Disputes (Centre or ICSID) was established for resolving disputes between foreign investors and host States. This is why jurisdiction ratione personae of the Centre depends crucially on who can be considered as a foreign investor, i.e. which persons have right of standing to initiate arbitration based on the Washington Convention on the Settlement of Investment Disputes between States and Nationals of other States (the Convention). When a claimant is a juridical person, one of the issues causing a debate in arbitral practice concerns the significance of control over that entity- to what extant is jurisdiction of an ICSID tribunal affected by the fact that the entity is under direct or indirect control of the host State's nationals. The paper examines the problem with regards two groups of cases that the Convention regulates separately. The first group concerns cases in which the role of a claimant belongs to juridical persons nominally holding the nationality of other Contracting States of the Convention. The other category relates to the cases of claims submitted by local entities controlled by foreign investors against their own State. [ABSTRACT FROM AUTHOR]

In Serbian law, a valid will can be revoked based on the will of the testator, more precisely through the revocation of the will or based on a court decision. This paper analyzes the solutions of the Law on Inheritance of Serbia, dedicated to the mentioned ways of revoking a last will, and at the same time examines the legal regulation of that issue in other legal systems in Europe. The author finds that in the realization of the right to revoke a will, the legislation of Serbia undoubtedly affirms the freedom of will, and that in that respect, it is in principle harmonized with the legal solutions observed on European legal soil. In the aspect of the purpose for which it is prescribed, a special advantage of domestic regulation is the possibility of declaring a will ineffective through a court decision. The author further considers that certain solutions that can be found in comparative law, such as the possibility to invalidate testamentary dispositions made in favour of former spouse, could be accepted in Serbian inheritance law as well. Finally, according to the author, some existing legal solutions dedicated to the revocation of wills, need to be specified and completed de lege ferenda, in order to achieve legal certainty. [ABSTRACT FROM AUTHOR]

The article sheds light on Montenegrin legislature regarding out of-wedlock infants, particularly on Law on illegitimate children of 1894, whose author, famous jurist Valtazar Bogišić had put significant effort into protecting this vulnerable social group. His successor on the position of minister of justice Lujo Vojnović also had understanding for sensitive and fragile status of illegitimate offspring, so he issued necessary bylaws in which he more precisely defined distribution of the illegitimate children's trust assets to beneficiaries. On the other hand, the Supreme Court also passed some decrees regarding children born out side of marriage that were addressed to district courts and local authorities. All aforementioned documents were carefully scrutinized in this paper, as well as chapters XVI-XVIII of Criminal code for the Principality of Montenegro from 1906. The Code thoroughly regulated neonaticide (killing of an infant within the first 24 hours of birth), abandonment of illegitimate newborns, unlawful termination of pregnancy, as well as all kinds of accomplices in these crimes in order to protect lives of illegitimate children. [ABSTRACT FROM AUTHOR]

Subject of the paper is standstill with constitutional normative control of law. This institute could be applied on the base of Constitutional Court's decision, dealing with demand previosly submited by the state organ whose disputed general act is. The aim of the aplication of this institute is removal of non-constitutionality and non-legality from the disputed general act and avoidance of Constitutional court's decision. Paper will analyse the question if this institute serves to protection of constitutionality in objective sense. If answer is positive, paper will try to determine the scope of that. The start point for analysis is normative framework of this institute and attitudes of Constitutional Court in relation to this institute. [ABSTRACT FROM AUTHOR]

In this paper the authors analyze legal and economic aspect of the tax reliefs related to solving housing issue in the Serbian system of personal income tax, i.e. capital gains tax. The aim of the paper is to analyze from the legal and economic viewpoint Serbian law related to the capital gains tax reliefs, problems in its implementation, as well as formulate appropriate de lege ferenda propositions. Due to its legal and economic disadvantages the authors suggest its repealing. [ABSTRACT FROM AUTHOR]

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

This paper presents a multidisciplinary analysis, which tries in the most general way to find an answer to the question of how to regulate the right of foreigners to acquire property on agricultural land in Serbia using economic, law andpolitical methodology. A special accent was put on the new legal norms of the Law on Agricultural Landfrom 2017. The aim of the paper is to determine the allocative effects and effects on the welfare that generate dfferent legal norms, then to examine whether new legal norms are adequately integrated into the Serbian legal system, and to determine the political factors which led to the introduction of these legal norms. It was concluded that the new legal solution would decrease the efficiency of the allocation of resources, and accordingly, the welfare of eco- nomic entities will not be sufficiently increased. Also, legal analysis has shown that legal novelties are in collision with the international law, European Union acquis communautaire, but also the Constitution of the Republic of Serbia. Finally, a general conclusion was reached that the best solution from the political, eco- nomic and legal point of view would be the elimination of all ownership transfer restrictions of agricultural land to EU citizens (and probably towards other fo- reigners). This would allow a more efficient allocation of resources and an increase in the welfare of both domestic andforeign citizens, and elimination of redistri- bution which had been established in the particular interest of lobby groups too. [ABSTRACT FROM AUTHOR]

In this paper the author analyzes the practice of the Court of Ju- stice of the European Union related to the capital gains tax which is payable by residents of Member States in the case of sale of real estate. The aim of the paper is to determine whether and under what conditions restriction of the freedoms guaranteed by the primary law of the Union in this area may be justified by the reasons of public interest. [ABSTRACT FROM AUTHOR]

Dept securitisation is a procedure of converting non liquid bank assets into liquid by securities placement at capital market. Subject of this paper is on balance securitisation and question is it possible to conduct emission of bonds covered by pledge on bank claims, since it is possible to issue corporate bonds. Emission of this kind of bonds would enable issuer to collect cheep capital, while he would emit high quality dept bonds with low interest rate. The paper indicates the problems which follow this kind of emission and gives answer to the question which is the preconditions for it to be enabled in our legal system. [ABSTRACT FROM AUTHOR]

Confrontation is complex institute of criminal procedure law, which consists of the normative, criminalistic and psychological aspects. In order to gain complete understanding about it, we considered it necessary to point to its practical aspects which, hasn't been written about so far. This paper presents a selection of cases encountered by the author during his professional engagement in the judiciary. The aim of the paper is to demonstrate, based on the transcripts of the main hearing and the rationale behind court judgements, the manner in which the court conducted the confrontations, what the statements of confronted persons sounded like, as well as the manner in which the court evaluated these statements individually and in mutual relationship, but also in light of other evidence. What is specifically shown is the manner in which the court has described the reactions of confronted parties and the conclusions it has derived from that. [ABSTRACT FROM AUTHOR]

The process of alignment of the Serbian legislation with the legal standards of the European Union has led to implementation of a number of legal institutes from the comparative law into the criminal procedure law of our country. One such institute is the agreement on consensual ways of terminating criminal proceedings. The agreements of the parties in the criminal procedure draw considerable attention and cause disputes among scientific and professional circles both in continental and Anglo-Saxon legal system, since the primary objective of law and justice should be unbiased and impartial determination of factual truth so that no innocent person would be convicted and the appropriate criminal sanctions would be imposed upon the perpetrator of a criminal offence. This paper analyses the agreements between a public prosecutor and a defendant, which emerged through the reform processes of the Serbian criminal proceedings. In this respect, the first part of this paper lays out the agreement on admission of committing a criminal act (formerly pleading guilty), the second presents the agreement on the testimony of the defendant, and the third - the agreement on the testimony of the convicted person. Although the agreements refer to the same subject, the distinction has to be made between the agreement on the admission of a criminal act, which includes the penal agreement and the indictment, and on the other hand the other two types of agreements on the testimony of the defendant and the convicted person. These are process institutes. In the case of agreement on the admission of a criminal offense, they speed up criminal proceedings and make them more efficient. In the case of agreement on testimony, they facilitate argumentation on the part of a public prosecutor for the most serious crimes that are by definition difficult to prove or their proving is associated with huge difficulties. The bargaining means used is improving the position of the defendant whose cooperation is rewarded with a more lenient criminal sanction. [ABSTRACT FROM AUTHOR]

The Paper observes the foundation and development of OSCE as the most important contemporary security organization from the perspective of historical and political dynamics and the interests of international subjects. Originally founded as Forum for the reduction of tensions between ideologically confronted East and West, OSCE (than: CSCE) has evolved into permanent security organization with diversified activities and jurisdictions. However, that evolution failed to be up to the new challenges, so the needs for further reforms of OSCE reemerged. Second part of the Paper follows the propositions of OSCE system reforms, made by its member states, by Panel (formed on Council of Ministers in Sofia, in December 2004) and by Russia that has even proposed “Agreement of European security” as the basis for completely new remaking of European security out of the existing OSCE system. In the final part of the Paper, influences of contemporary political crises in OSCE member states on the possible reform of this security organization are being analyzed. [ABSTRACT FROM AUTHOR]

Rapid expansion of ancient Roman territory was apparently not followed by a sufficiently quick growth of public administration. Consequently, a part of public authorities was entrusted to private individuals. This process appeared to be mutually beneficial. Public authority achieved the implementation of its jurisdiction, tax collection being of particular importance, while publicans, private individuals, acquired vast profits. Their profits were often a consequence of their abuse of the public authorities entrusted to them. The profit growth was followed by a growth of publicans power and influence within the society, and consequently, the possibility of holders of public authorities to bring them to justice by exercising their powers was limited. Nevertheless, the aspect of legal limitations of publicans in which the authorities were partially successful, refers to the circumstances in which the public interest was harmed. Private individuals, however, were largely left at the mercy of the illegal actions of the publicans. The texts of Justinian's Digest, thus originating form the classical period, in which these matters are considered, were analysed in this paper. [ABSTRACT FROM AUTHOR]

The gender identity of every person represents an integral part of their personality and belong to one of the basic aspects of self-definition, dignity and freedom. A certain number of people do not identify themselves with the sex allotted to them at birth, a problem arising regarding their inner comprehension of gender (self-defining), which does not correlate to the sex. Those people are called trans people. In this paper, the author examines the position of trans people is individuals of different gender identity through the prism of the realization and protection in the field of labour rights and the rights arising from employment Trans people belong to one of the most vulnerable (most discriminated groups within society - discrimination is most evident in case of seeking a work placement and during employment, while the key performers are the state and its institutions. It could be said that conditioning and interdependence between the legal procedure of adjustment of gender identity and medical interventions, leave the legal and life status of a transgender person in vacuum", which leads to the situation of gender identity being the grounds for further transphobia and discrimination of transgender people in all the aspects of human rights realizarion. However, in the procedure of further adjustment of gender identity, a transgender person can be registered in the birth certificate register, they can change their personal documents only based on the certificate of a health institution that they have been through a therapy prescribed by an endocrinological check-up and a year-long hormone hold" In practice, such regulations put „on the personal status of a transgender person, which leads to the discrimination of transgender people based on gender identity, especially in the phase of transition, when the changes are visible but non-compliant with the sex verified in personal documents. Therefore, u is crucial that, Instead of partial amendments to certain laws, an umbrella law (lex specialis) be adopted - Law on Gender Identiny. [ABSTRACT FROM AUTHOR]

Possession of accurate, complete and reliable relevant data on electronic communications traffic and timely access of authorised competent state bodies to such data is without a doubt a useful tool in the fight against modern forms of crime. For that reason, It is justified to establish an obligation for providers of electronic communications services to keep certain data on communications for a certain period of time in the realization of which they mediate and to hand over that data at the request of authorized state bodies, in order to use them for legitimate purposes. For this reason, the Data Retention Directive was adopted in 2006, which Member States were required to transpose into national law However, data retention poses a risk to basic human rights and freedoms, if the regulation establishing this obligation does so without respecting the essence of these rights and freedoms, especially the right to privacy and rights related the processing of personal data for which reason the Court of Justice of the Euro pean Union declared the Directive invalid is 2014. Despite this decision, Member States continue to regulate the obligation to retain data in their national regulations. In this regard the question of compliance of these regulations with the fundamental rights and freedoms and principles of the Union is raised. The subject of the paper is the analysis of the case law of the Court of Justice of the EU on this issue after the annulment of the Data Retention Directive. [ABSTRACT FROM AUTHOR]

The article sheds light on provisions of Code of Civil Procedure from 1865 concerning parties in civil lawsuits. Beside plaintiff and defendant, position of third parties in litigation such as intervener, guardian of a minor or an adult deprived of legal capacity, as well as of legal representative (i.e. afoetrney) was also carefully scrutinized in this paper. As being fully aware of their significance, the author of the Code, minister of justice Rajko Lešjanin dedicated 33 paragraphs to parties in civil lawsuits. They had been very attentively drafted after thorough and detailed discussion between the author of the draft and the State Council's Commission. Legal capacity of litigants and their representation before courts of law is especially meticulously regulated. Aforementioned prow sions (except for paragraph 65 that was somewhat revised in /900) intact during the whole period that the Code was in force Minister of justice Stojan Novaković, however, in his draft from 1872 proposed amendments and remained supplements to the two articles regarding the course of time during which intervener should be allowed to join ongoing litigation and ability of parties in lawsu it to appoint more than one legal representative but since Novaković's document was never enacted, these articles were left unrevised. [ABSTRACT FROM AUTHOR]

This paper is the result of a mini empirical research on the duration of judicial and public prosecutorial investigations before the High Court in Novi Sad. A total of 100 cases were analyzed, of which 50 cases from 2008 and 50 cases from 2015 and 2016. The first 50 cases were conducted during the validity of the Criminal Procedure code from 2001, while the other 50 cases were conducted during the validity of the Criminal Procedure Code from 2011. In order for the result to be as com parable as possible, we tried to have the same structure of criminal acts represented in both groupes. The author came to the conclusion that a prosecutorial investigation is not faster than a judicial investigation. The se arch for the suspect, the search for the injured party, the impediment of the lawer, the strike of the lawers, the preoccupation of the public prosecutor, etc. contributed to the some what longer duration of the public prosecutorial investigation. [ABSTRACT FROM AUTHOR]

Abuse of dominance is prohibited. However, exclusionary conduct of dominant undertaking may escape prohibition under Article 102 of the Treaty on the Functioning of the European Union if the dominant firm can prove that there is a justification for its actions. The subject matter of this paper is the analysis of possible defences of a dominant firm, as well as identification of theoretical and practical problems relating to the defence of dominant undertaking in the competition law of the European Union. [ABSTRACT FROM AUTHOR]

The paper sheds light on the articles of Serbian press from Hab sburg Monarchy related to the codification of law in Serbia. The authors shall discuss the columns of Serbska novina (Magazin za knjižestvo, hudokestvo i mo du), Serbske narodne novine, Srbski dnevnik, Svetovid, Srbobran and Napredak in relation with the long way paths to the introduction of civil, criminal and com mercial code, as well as codes of civil and criminal procedure for the Principality of Serbia. The trueness of the news shall be subject to examination, and the necessary explanations on the unclear spots of the newspaper articles shall be provided. [ABSTRACT FROM AUTHOR]

Encryption has become an integral part of modern life. It is without a doubt of great importance for the realization of some of the basic human rights in the buttons technical environment, for the daily use of numerous on line services, as well as for the functioning of the Internet in general On the other hand, the authorities in charge of detecting and proving crime are increasing facing obstacles when accessing encrypted content. Namely, encryption represents a kind of challenge in the implementation of both general and special evidentiary actions This paper is dedicated to understanding the technical aspects of this challenge. The author explains the basic principles on which encryption techno logy is based. pointing out the difference between symmetric and asymmetric encryption, between encryption of stored data and data encryption in transit, and between server-based and user-based encryption, and its implication for investigation of crime. [ABSTRACT FROM AUTHOR]

Term, critical infrastructure" became part of the post-Cold War security discourse when the first legal and political acts, containing this term, emerged The Law on Critical Infrastructure in the Republic of Serbia was adopted in 2018, and some of the most important issues regulated by the Law are the competences and responsibilities of entities in the critical infrastructure protection system The subject of our research was security management in the field of critical infrastructure protection. As a result of the research in the paper I Levels, types and competencies of security management in the field of critical in frastructure protection have been identified, 2 Their mutual relationship has been determined and 3 Recommendations of measures and solutions that need to be taken in order to establish an integrated protection system in this area have been given. [ABSTRACT FROM AUTHOR]

A decade ago Serbia has carried out the reform of judicial control of public administration by establishing the Administrative Court The expected results, however have not been achieved and the problems that caused the reform have not been resolved Therefore, a decade later a new reform is in sight The planned changes include establishing more administrative courts and introducing an instance administrative dispute The aim of this paper is to discuss there changes, but in a slightly different way Instead of their uncritical acceptance and justification by European legal standards, they are analysed having in mind the legal nature of the administrative dispute Successful administrative dispute reform cannot be achieved if European legal standards are blindly accepted and copied literally from classical court proceedings. Only the legal nature of the administrative dispute and the features that make it special and different from the usual court disputes can lead us to a successful implementation of the changes. [ABSTRACT FROM AUTHOR]

The role that convicted persons serve their sentences exclusively person has not been valid in the Republic of Serbia for a long time. Prison sentences may alto be executed the premises where the convicted person rest-des Such a solution is introduced by the 2009 Law on Amendments and Supple to the Criminal Code The Criminal Code does not prescribe the punishment of a prison sentence served in the premises where the committed person resides as a special punishment Install, the offender is sentenced to imprisonment, which is then created in the premises where he lives In criminal proceedings, the court is obliged to win hall the criminal sanction in a way that takes into account object and subjective circumstances the circumstances relating to the committed crime and is perpetrator. There are such perpetrators who it is necessary to sentence to prison but who thon not be sent to a penal institution The prison sentence may also be served in premises where they reside with or without electronic surveillance though, in a legally-binding sentence, the accused is sentenced to imprisonment in a penal position this does not necessarily mean that he will be placed into a penal institution to serve his sentence The amendments and supplement of the Criminal Code eave an opportunity far the convict to serve his sentence to the premises where he resides f the prescribed conditions are met This in on a possibility which may be decided on by the judge in charge of exe- curing contact u is decided that the convicted person shall see his sentence in the premises here he resides the next step is the execution of the sentence Not all come mom whore were their sentence in this was' are in the same legal position as there is individualization in the process of executing a sentence as well. This difference is apparent, above all, in the amount of time that a convict Is allowed to spend outside of the premises in which he resides. The focus of the authors' attention is precisely the punishment of imprisonment served in the premises where the convict resideds (the so-called house arrest). The authors deal with material aspects and aspects of execution of the sentence This paper focuses, among other matters, on the conditions for sentencing, models of execution of the sentence and the legal position of the convicted person while serving his sentence. [ABSTRACT FROM AUTHOR]

The subject of the article are Serbian terms for 'property' used between 1804 and 1918. The author put forward the words with the meaning 'property', exposed some of the sources in which these terms could be found and tried to determine their etymology. The paper also sheds light on the terms meaning 'coproperty'. The words denoting 'property' were following: baština, vla sniš tvo, vlas(t) nost, vlast, vlastbina/vlazbina, vlastitost/vlastitošt, vlastitstvo/vlaštitstvo, vlašti na, gospodarstvo/gosudarstvo, imanje, ima o stvo, imovina, pritjažanije/pri te žanije, pritjaža va nje, svo ji na and sob stvenost/sopstvenost. In the texts da ting from afo re men ti o ned pe riod, 'copro perty' can be fo und under follo wing terms - su svo ji na, su vlas(t)nost, suvlaština, sogo spo dar svo, sasobstve nost, so go spo dar stvo, ima o stvo and sme sništvo. Such large number of words prove a great degree of roaming in building Serbian terms for 'property' and 'coproperty'. More over, some of the terms have dublets being the result of parallel existence of three types of literary language among the Serbs (Church Slavonic of Russian recension and Slavonic-Serbian) and dialectal varieties, which brought about even greater diversity of the terminology for 'property'. Serbian words prevail among the terms. Some of them were derived from an other Serbian word, as the other are calques. Root words of the derivatives are mostly nounvlast ('power, authority') and verbimati ('to have'), the terms semantically expressing the meaning of property the best. In so me cases the words for 'property' were forged by bro a dening or narrowing the genu i ne meaning of a certain word (for instance, sobstvenost, the word coming from Russian recension of Church Slavonic, originally meant 'the thing belonging to somebody' and thence became 'property'). The calques were formed on either German or Latin words, which is understandable, taking into consideration that Serbian educated lawyers, forgers of the terms, originated from Habsburg Monarchy. The quality of so me calques might be considered debate able, neverthess the efforts to make Serbian terms in stead of borrowing foreign words are praiseworthy. Loan words for 'property' had co me to Serbian from Russian recension of Church Slavonic and were constantly getting more Serbian shape as the time progressed, which was the general tendency in Serbian language at that time. [ABSTRACT FROM AUTHOR]

this paper at tempts to answer the question as to whether the right to "life and death" of a wo man (ius vitae ac necis) at the hands of male family members or partners is in deed a timeless category. Is it possible that in Serbia of the 21st century there is still a struggle to promote the "right to life" of wo men to the level of "basic hu man rights"? What contributed to the fact that the concept of innate human dignity based on "human rights", which dates back from the feudal social order, has not as yet fully come to life in Serbia as far as women are concerned. What social circumstances contributed to the Romanius vitae acnecis to outlive centuries and take root especially in Serbia, only under a different name - that of femicide? This notion has been defined as "gender based murder of women, girls, and babies of female sex by persons of the male sex". The murderers in cases of femicide include partners (ex/current, spouses or extramarital), family members or relatives: father, father-in-law, son, son-in-law, etc. Both expert and general public wan der whether enforcing more stringent norms by authorities or acting towards changing the consciousness of the abusers or both at the same time, can con tribute to eradicating this devastating phenome non in the 21st century. [ABSTRACT FROM AUTHOR]

Organizations have responded to the pandemic caused by the SARS-CoV-2 with a very wide range of management functions and capabilities: risk management, crisis management, emergency management, business continuity management and disaster management. Common to all of them is decision-making in situations of high uncertainty based on the assessed risk. Given available data from the World Health Organization that six months after pandemic had been declared, the number of patients and deaths is constantly increasing, the question arises whether the lack of key information on risk in conditions of high uncertainty caused by coronavirus, in parallel with the complexity of modern (natural, social, technical) systems and their interactions, has issued the application of the traditional concept of risk management based on historical data, statistics, and cost-benefit analysis. Based on the assumption that in conditions of uncertainty and non-routine environment, risk-based decision making process in complex systems suffers from numerous shortcomings, we will review the practical and methodological limitations of this concept through key stages of the risk assessment process. At the same time, the aim of this paper is to point out the advantages of applying the concept of organizational resilience in managing complex systems, starting from the fact that immune systems and resilient organizations are the most effective response strategy to non-routine risks (low frequency events and catastrophic consequences). The basic changes we propose in the process of managing the non-routine risks of infectious diseases that led to the crisis caused by the SARS-CoV-2 pandemic are based on the conclusion that the anticipatory strategy aimed at predicting events needs to be “expanded“ with a system resilience strategy. This does not diminish the importance of a risk-based decision-making approach in conditions of uncertainty. [ABSTRACT FROM AUTHOR]