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Tax assessment, which implies the establishment of individual tax liability of the specific taxpayer, precedes tax collection. It presupposes the prior collection of all facts that can contribute to correct and accurate determination of the taxable base and, subsequently, the amount of the tax debt. In the modern information age, the possibility of finding out various facts has significantly increased, but they always require verification. The facts must reflect the tax situation of the taxpayer as objectively and completely as possible. However, the demand for equal treatment of taxpayers in the same or similar tax situations is faced with the reality in which the Tax Administration carries out a large number of tax procedures every year so that the standard of proof in the form of full conviction cannot be achieved. The authors' initial hypothesis is that the tax authorities should base their tax decisions on all tax-relevant facts which enable them to come to the substantive truth in the tax procedure. Objective, credible and comprehensive facts which are determined by the Tax Administration and collected from taxpayers or third parties prevent discretionary resolution of tax administrative matters and, concurrently, ensure the effectiveness and economy of tax procedure. The "path" to establish a tax solution based on the correct application of the material tax law is not always quick and simple, but it is important to arrive at substantive truth through established facts. Achieving the substantive truth must be accompanied by consistent observance of the principles of legality and equality in taxation.

It was under the UN sanctions during 1992 and 1993 that hyperinflation hit the FRY. Its leadership believed that the fiscal deficit could be covered by printing money, but such a practice resulted in acceleration of hyperinflation. Former World Bank economist Dragoslav Avramović understood that stopping printing money should represent the core of his Programme. He was aware of the Olivera-Tanzi effect, but the fierce attacks on the Programme in the course of its presentation to the nation’s top leadership indicated that those people were not - despite the fact that the real value of all collected taxes decreased to only several tens of millions of US dollars. It was ultimately Milošević himself who decided that the Programme should be approved. The economic problems of the FRY ran much deeper. The involved interests of the nomenklatura in the real sector blocked further reforms and Avramović was dismissed in 1996.

Tax sparing clause emerged in double taxation treaties 63 years ago. Despite criticisms, it can presently be found in about 15% of all treaties, with Serbia having this clause in 46% of its double taxation agreements. It is the authors' view that this provision represents a confirmation of the right to introduce tax incentives as a part of a country's right to tax, while pointing out the necessity of preventing abuses of the provision. After conducting an analysis of the effects of tax sparing on foreign direct investments in Serbia and outgoing investments of Serbia's residents, the remaining portion of the paper is dedicated to exploration of the interaction between GloBE Income Inclusion Rule and tax sparing. Their incompatibility, which implies that tax sparing would be annulled under BEPS 2.0, may be overcome via a specific carve-out, but at present such initiative is not endorsed by Inclusive Framework on BEPS.

Under Communist rule in Yugoslavia a university professor could either raise his voice and pay a high price, join the Party or accept the ketman practice. Mihailo Konstantinović tried to find a fourth way: retain the office, not cross to the red side and avoid being perceived as a ketman. Konstantinović was absent at the meeting of the Faculty's Council in 1946 when Dragoljub Jovanović was expelled. When in 1947 Communist students required removal of professors Milan Vladisavljević and Đorđe Mirković, Konstantinović was one of the professors who defended them, exposed to attacks by his Communist colleagues. The Council eventually relinquished the decision to higher authorities and Vladisavljević and Mirković were consequently dismissed. The following year assistant professor Milivoje Marković was targeted but due to the Communist pressure fewer colleagues defended him. Konstantinović did not take a stand on that occasion. His most important goal was to preserve the Faculty.

New binary catalytic systems based on sulphated zirconia-alumina were synthesized by controlled hydrolysis of alkoxides using relative molar ratios of constituents 1:1, 1:2 and 1:3 in favour of zirconia. The obtained differences in the final catalytic material’s properties may be related to organic precursor memory effect, the applied calcinations temperatures and used alumina contents. The addition of alumina to zirconia affected the structural and surface properties stabilizing bare zirconia by means of slower phase transformation of tetragonal zirconia crystal phase into monoclinic one, further resulting in smaller crystallites sizes and higher surface density of acidic function (sulphates). The best alumina impact on physico-chemical properties was achieved when the highest amount of alumina (e.g. 50%) and lower calcination temperature (500°C) were used, causing relatively high steady-state activity in isomerization of n-hexane at reaction temperature 250 °C. On the other hand, higher calcination temperature (600 °C) played a role in the genesis of greater sulphate density. Catalytic activity and selectivity are expressed as a complex synergistic function of relative density of acid sites together with positive status of other optimized physico-chemical properties of the catalytic material (by activation and calcination temperatures).

Since for much of the 20th century the comparative law was developing as the comparative private law, with subsequent inclusion of constitutional, administrative and criminal law, comparisons of national tax systems were until recently marginal. The examination of the methods appropriate for the comparative tax law was especially neglected. Assuming that method in comparative law can be identified by techniques of comparisons, the authors considered dilemma whether the starting point for comparisons is praesumptio similitudinis or presumption of difference. Stemming from diversities of these assumptions, two methodological approaches in the comparative (tax) law have developed - functionalism (based on presumption of similarities) and cultural differences approach, from which critical approach subsequently emerged. Having analysed advantages and disadvantages of both approaches, the authors elaborated the basics of "cultural functionalism", based on the inclusion of cultural context into the research of the ways how tax laws subject to comparison solve the given problems.

Advance tax ruling represents a missing link in Serbian tax law. It is aimed at advancement of taxpayers' legal certainty and deals with the tax treatment of their future transactions. By issuing a ruling at the taxpayer's request, the tax administration obliges itself to issue a tax decision with specified content in regard to the particular set of facts. Relying on comparative law method, the authors consider different types of tax rulings, conditions to be met for them to be issued, fee structures, the scope and effects of the rulings' application. While analysing the positions of administrative law scholars in Serbia on the warranty act, the authors strive to establish the legal nature of tax rulings. They point out the shortcomings of the existing system of binding tax opinions in Serbia with the aim of proposing the provisions that should be incorporated into the Tax Administration and Tax Procedure Act.

A few years ago, the expert public was discussing the consequences of consolidating the EU countries' representation in the IMF's Executive Board. The main idea was that EU members should be split into two constituencies. - the first one with members of the eurozone and the other a members outside the eurozone. The subject of this paper is to analyse the voting power in the Executive Committee of the International Monetary Fund using the Penrose-Banzhaf Index (PBI) and the Koleman's Index (CI). The aim of the paper is to express the power of voting and the possibility of blocking certain decisions in relation to the position in the constituency. We will also take a look at the characteristics of the official missions of the IMF in order to determine the importance of the results and recommendations arising from the visit of the IMF team to the country.

The principal purpose of transaction or arrangement test (PPT) contained in MLI authorises tax authorities to deny a treaty benefit. The structure of PPT shows that tax authorities were given wide discretion. Its wording does not determine what will be taxed in the source country once the benefit is denied. In authors' opinion the residence country may decide to deny the relief for elimination of double taxation if it considers that it is the conflict of qualifications that arises from differences in interpretation of treaty or facts rather than from differences in domestic law. The constitutionality of PPT may be assessed with respect to the principles of legal certainty and equality. The tax authorities were given arbitrary authorisation to assess whether it is an abusive "one of the principal purposes of a transaction" or a legitimate commercial objective. This may violate the principles of equality and taxation based on abilityto-pay.

The gait restoration is a significant component of the rehabilitation of patients with hemiplegia after central nervous system lesion. The typical symptom of the disability is the lack of hip extension during the stance phase and hip flexion during the swing phase of the affected leg; therefore, asymmetry and perturbed balance while walking. We developed a new modular orthosis for assisting hip flexion and extension during the therapeutic sessions of the gait in hemiplegic individuals based on thorough analysis of the gait characteristics of normal gait. The system is designed to fit into the powered postural controller Walkaround®. The system is developed based on the estimation of torque and power requirement for the gait at speeds up to 1.1 m/s. The model used for the simulation is a known double pendulum in the sagittal plane. The kinematics and dynamics used as the input for the simulation have been recorded in the gait laboratory with eight cameras and force platforms. The system needs to be clinically evaluated before it possibly can be turned into innovation. [Project of the Serbian Ministry of Education, Science and Technological Development, Grant no. TR 35003]

The pendulum test is the method for quantification of the level of spasticity in persons with spinal cord and brain injuries/diseases. The data for the assessment comes from the analysis of lower leg rotation in the sagittal plane while sitting caused by gravity. We built a simple instrument that uses the smart phone and passive markers for studying the pendulum movement of the leg. We compared the results of the new device with the results acquired with the conventional apparatus which uses a knee joint angle encoder and inertial sensors mounted on the upper and lower leg. The differences of parameters estimated from the test between the two systems are in the range of 5%, which is in the same range as the precision of the positioning of the pendulum apparatus on the leg. The new system is simple for the application (donning, doffing, setup time, accuracy, repeatability) and allows a straightforward interpretation to a clinician. [Project of the Serbian Ministry of Education, Science and Technological Development, Grant no. TR 35003 and Grant no. III 44008]

Article 25 (5) of the OECD Model Convention contains a provision that defines the failure of the mutual agreement procedure to solve a dispute whether a person has been taxed in a manner that is not in accordance with the provisions of the Convention within two years as a deferred condition for activating the arbitration clause. The parties in arbitration are the Contracting States rather than the taxpayer who initiated it. Despite the advantages of the arbitration dispute resolution, numerous developing countries do not accept the arbitration clause stating that it would violate their fiscal sovereignty from two reasons. Firstly, the authors point out that relying on the 'baseball arbitration' would diminish the relevance of the objection that arbitration jeopardises administrative independence. Secondly, the objection that the state cannot renounce its right to tax is also untenable since it overlooks the difference between the state's sovereign inalienable right to introduce tax and its right to collect a disputed amount. Neither remaining two constitutional-law arguments are valid. From the point of view of the rule of law principle, there is no justification to confine arbitration only to the issues concerning the interpretation of facts. From the point of view of the principle of equality, the constitutional courts will not require symmetrical access to arbitration in domestic tax disputes since they tend to interpret this principle in the manner that it applies to the persons in the same or similar legal situations - namely, to those who meet the requirements for arbitration stipulated in a tax treaty. The authors conclude that Serbia should reassess its negative attitude on tax arbitration, which will make it easier for her to deal with the obligation emerging in the accession negotiations to adopt the EU Arbitration Convention as a part of the acquis.

This article shows that the principle of legality of a tax norm is not exhausted in its 'source' component (i.e. that the norm is enacted by parliament) but also encompasses the 'content' element - a set of requirements for it to be deemed as good law. It is not just retroactivity of a law that is an issue, but legal certainty is also jeopardized by retroactive interpretation implying changes in interpretation of the same norm by authorities who understood it for a long period in a different sense. A threat to legal certainty also exists when a provision that was dormant for years is suddenly applied. A case study shows that the Serbian Parliament issued an authentic interpretation of a tax norm to assert essentially a different interpretation compared to the one well-established in the past, in order to solve a particular case, while a court used that interpretation to pass judgment in a pending case. Within the EU we find notable cases where not only are norms attributed a certain meaning from their inception, even though 60 years may have passed from their initial introduction to the possibility of the existence of a 'new meaning' being suggested for the first time, but taxpayers are made to suffer the consequences of the new interpretation. Had the legislator been able to pay more attention to the content of the bills and apply a more comprehensive approach to current issues, the legal certainty, in terms of avoiding 'innovative' retroactive interpretations, could be preserved.

The paper deals with the tax treatment of capital gains on shares of companies both in national and tax treaty law. The authors indicate that the authentic interpretation of the Art. 27 of Serbia's Tax on Profits of Legal Entities Law opens the door to taxing not only realised but also potential capital gains thus triggering certain harmful consequences. Relying on the comparative legal analysis they suggest measures how to eliminate the existing economic double taxation and plead for granting a credit for the tax on capital gains paid abroad. In order to hamper tax evasion the introduction of a security for the resident company whose shares are alienated by a non-resident company at a gain is suggested whenever the tax return has not been filed. By analysing Serbia's 58 tax treaties the authors conclude that 28 of them contain a single demarcation rule exclusively granting jurisdiction to tax the capital gains on shares to the state of residence of the alienator, while in remaining 30 treaties an additional anti-avoidance rule is prescribed.

The Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting is a result of the BEPS project carried out by the OECD and G20. The object and purpose of the BEPS Multilateral Convention is swift and consistent implementation of the agreed solutions aimed at preventing tax evasion or avoidance via modifications of the existing bilateral tax treaties, while providing for a high level of flexibility in the implementation. Signed on 7 June 2017, the Convention encompasses provisions on hybrid mismatches, treaty abuse, avoidance of permanent establishment status, improving dispute resolution and arbitration. The first four groups of norms have a bilateral impact on the relations between contracting jurisdictions regulated by their covered tax agreements; the effect of the optional provisions on arbitration is multilateral. The Convention contains two minimum standards each party is required to include in its covered tax agreements in an offered manner. The first one refers to the prevention of treaty shopping arrangements, while the second one concerns improvements in the dispute resolution. The flexibility is assured by granting each party the right to specify the tax treaties to which the Convention applies, to opt out of a wide range of provisions (apart from the minimum standards) set out in the Convention as eligible for reservations, as well as to select an offered alternative. Serbia's position vis-à-vis the given choices has been elaborated. Serbia specified all its tax treaties as the 'covered tax agreements' but Germany, Switzerland and Sweden did not do the same with their respective treaties with Serbia. Serbia opted out of five articles of the Convention. While not contesting its importance, one may conclude that the Convention does not represent an announcement of a new multilateral tax order but rather a multilateral agreement of a number of states motivated by practical considerations.

Introduction. Adequate working posture is important for overall health. Inappropriate posture may increase fatigue, decrease efficiency, and eventually lead to injuries. Objective. The purpose was to examine posture positions used during dentistry work. Methods. In order to quantify different posture positions, we recorded muscle activity and positions of body segments. The position (inclination) data of the back was used to assess two postures: sitting and standing during standard dental interventions. Results. During standard interventions, whether sitting or standing, a tilt of less than 20 degrees was most prevalent in the forward and lateral flexion directions. Amplitude of electromyography signals corresponding to the level of muscle activity were higher in sitting compared with the electromyography in standing position for all muscle groups on the left and right side of the body. Significant difference between muscle activity in two working postures was evident in splenius capitis muscle on the left (p = 0.032), on the right side of the body (p = 0.049) and in muscle activity of mastoid muscle on the left side (p = 0.029). Conclusion. These findings show that risk for increased fatigue and possible injures can be reduced by combining the sitting and standing occupational postures. [Projekat Ministarstva nauke Republike Srbije, br. 41008 i br. 175016]

This paper deals with the relationship between the tax law as a branch of the public law and the private law. The tax law often uses legal forms and terms of the private law to determine an economic factual situation, although it has been developing its own terminology. The special attention has been drawn to the examination of the thesis whether the precedence of the private law at the same time means its prevalence in relation to the tax law. The authors are of the opinion that the teleological differences between the tax law and the private law, followed by the consequences in determination of their principles and valuation, deny the thesis of the private law's prevalence over the tax law. The private law and the tax law are separate branches of laws of the same rank; they value the same situation from different perspectives and on the basis of different aspects of evaluation. The private law and the tax law constitute parts of the legal system, whose unity and integrity do not allow that the basic principles of one law hinder the basic principles of another. While generally respecting the freedom of contract, the tax law links itself to the economic results achieved via corresponding private law forms.

Introduction. Cardiovascular (CV) diseases and bone fractures due to osteoporosis are the leading causes of death in the elderly. Objective. The aim of this study was to demonstrate a correlation between the overall risk for CV events, and low bone density in postmenopausal women, and its impact on the incidence of serious CV events. Methods. Our prospective study involved 300 postmenopausal women. All the examinees were divided into three groups based on their measured bone density: Group I - 84 examinees with osteoporosis; Group II - 115 examinees with osteopenia; and Group III - 101 examinees with normal bone density. In all examinees the overall ten-year risk for a fatal CV event was calculated using the SCORE system tables. Results. After a 36-month follow-up, CV events occurred in 19 (6.3%) examinees. Significant differences in the incidence of CV events were demonstrated between the patients with osteoporosis, osteopenia, and normal bone density (χ2=28.7; p

As a rule, in comparative tax law statutes do not have a retroactive effect. This principle may be either postulated in constitutions or derived by constitutional courts from the principle of legal certainty. The issue of retroactivity cannot be raised in the case of imposition of a property tax, since its taxable object per definitionem is property representing the result of the accumulation of unspent income realised in previous periods. Indeed, retroactivity is allowed in many legal systems subject to some strict conditions. The authors distinguish between retroactivity and retrospectivity, the latter being in principle permissible and denoting cases where a statute is applicable without grandfathering to the future consequences of a taxable event that occurred before its enacting. Analyzing the impact of Radbruch's values contained in the idea of law (legal certainty, purposiveness and equality) on the principles of intertemporal law, the authors conclude that the prohibition of retroactivity implies the primacy of the principle of legal certainty, while retrospectivity puts in the foreground the principles of purposiveness and equality. The European Court of Human Rights considers that retroactive application of a tax statute does not represent per se a violation of the right to peaceful enjoyment of property. However, the Court developed conditions that, being unfulfilled, qualify the application as disproportionate. Since Serbia and Montenegro ratified the European Convention on Human Rights, ECtHR's positions are relevant for Serbia's legislator.

In the article an analysis of the impact of corruption, both administrative and state capture, on the tax structure is carried out. The authors established a negative correlation between the degree of corruption and the height of the effective tax burden, while isolating a simultaneous directly proportional impact of the nominal tax burden (which could reflect state intervention - the main corruption factor) on the scope of corruption. The effects of corruption on the decrease of individual taxes' share in GDP are diversified, with impact on direct taxes as a whole being more observable. The mode of tax assessment significantly determines exposure of certain tax to the administrative corruption: it is generally larger in case of taxes assessed by the decision of the competent tax officials who are carrying out both assessment and audit, while in the case of self-assessment and withholding they just perform audits implying limited exposure to corruption. Corruptive state capture is present in the case of taxes which are important for influential corruptors. That is why in Serbia laws preventing taxation of capital gains or heavier taxation of dividends and other income paid to non-residents located in the tax havens were adopted, while by-laws which should have enabled implementation of prescribed lump sum taxation based on external signs of wealth have not been enacted. The authors concluded that the anti-corruption strategy should rely on the increasing role of self-assessment, which could reduce the room for administrative corruption. Unclear and imprecise formulations of the tax norms facilitate corruption, because they create room for arbitrariness in interpretation and implementation of the laws and by-laws. It is therefore necessary to surprises discretion, simplify tax procedure and diminish the number of tax relief's.

Humans rely on their hands to perform everyday tasks. The hand is used as a tool, but also as the interface to “sense” the world. Current prosthetic hands are based on sophisticated multi-fingered structures, and include many sensors which counterpart natural proprioceptors and exteroceptors. The sensory information is used for control, but not sent to the user of the hand (amputee). Grasping without sensing is not good enough. This research is part of the development of the sensing interface for amputees, specifically addressing the analysis of human perception while grasping. The goal is to determine the small number of preferred positions of sensors on the prosthetic hand. This task has previously been approached by trying to replicate a natural sensory system characteristic for healthy humans, resulting in a multitude of redundant sensors and basic inability to make the patient aware of the sensor readings on the subconscious level. We based our artificial perception system on the reported sensations of humans when grasping various objects without seeing the objects (obstructed visual feedback). Subjects, with no known sensory deficits, were asked to report on the touch sensation while grasping. The analysis included objects of various sizes, weights, textures and temperatures. Based on this data we formed a map of the preferred positions for the sensors that is appropriate for five finger human-like robotic hand. The final map was intentionally minimized in size (number of sensors).