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Collection of papers "Challenges to the Legal System" Vol I Cover Image

Зборник радова "Изазови правном систему" Том I
Collection of papers "Challenges to the Legal System" Vol I

IX Scientific Conference on the Occasion of the Day of the Faculty

Contributor(s): Stanka Stjepanović (Editor), Radomir V. Lukić (Editor), Dimitrije Ćeranić (Editor)
Subject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Summary/Abstract: Пред стручном правничком и општом читалачком јавношћу налази се резултат здруженог подухвата Правног факултета Универзитета у Источном Сарајеву и чак 66 аутора радова који се налазе међу корицама Зборника радова саопштених на IX Научном скупу поводом Дана Правног факултета на општу тему „Изазови правном систему“. Правни факултет је дао свој допринос организовањем научног скупа у тешким пандемијским околностима, а аутори својим радовима из јавноправне, кривичноправне, грађанскоправне и историјскоправне области. Здружено су допринели одржавању једног научног догађаја у времену које због пандемије корона вируса није погодовало сличним скуповима и прегнућима. Правни факултет је оценио да нема ни једног јединог разлога да се готово традиционални, овог пута девети научни скуп не одржи и 2020. године, уз прославу Дана факултета и његове крсне славе Светог Петра Цетињског. Заправо, закључио је да постоје сви разлози да се он одржи, али у складу са правилима која настоје да сузбију ширење опасног вируса. Велики број аутора подржао је ту и такву истрајност Правног факултета и придружио се његовим напорима. Правном факутлету су се као саорганизатори придружили и Међународни савез правника из Москве, Српско удружење за кривичноправну теорију и праксу из Београда и Институт за криминолошка и социолошка истраживања из Београда.

  • Print-ISBN-13: 978-99938-57-61-7
  • Page Count: 470
  • Publication Year: 2021
  • Language: English, Russian, Serbian
Are There Exceptions to the Jus standi Requirement Before the International Courts of Justice? A Critical Appraisal of the Judgement in Croatia/Serbia Case

Are There Exceptions to the Jus standi Requirement Before the International Courts of Justice? A Critical Appraisal of the Judgement in Croatia/Serbia Case
(Are There Exceptions to the Jus standi Requirement Before the International Courts of Justice? A Critical Appraisal of the Judgement in Croatia/Serbia Case)

  • Author(s):Milenko Kreća
  • Language:English
  • Subject(s):Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law
  • Page Range:1-17
  • No. of Pages:17
  • Keywords:Jus standi;International Court of Justice;Croatia/FRY/Serbia case;
  • Summary/Abstract:The author discusses the interpretation of jus standi requirement by the International Court of Justice in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. FR of Yugoslavia/Serbia). He finds out that the position of the Court in that regard taken in Case regarding legality of Use of Force instituted by FR Yugoslavia against ten NATO members is in sharp contradiction to its position in Croatia/FRY/Serbia case. In the later judgment the Court, in fact, has formulated an exception to the jus standi requirement on the basis of combined effects of the few considerations:a) The so-called Mavrommatis rule;b) Principle of sound administration of justice;c) Principle competence de la competence, and d) Seisinof the Court.The author comes to the conclusion that none of the arguments forwarded is not capable to serve as the basis for the exception to the mandatory requirement of jus standi and that, accordingly, the position of the Court in Croatia/Serbia Case seems dictated by extra-legal consideration.
Perspektive međunarodnog prava

Perspektive međunarodnog prava
(Perspectives of International Law)

  • Author(s):Boris Krivokapić
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, International Law
  • Page Range:18-47
  • No. of Pages:30
  • Keywords:International law;Globalization;Internationalization;Regionalization;Subject of International Law;International courts;Space law;XXI century
  • Summary/Abstract:Although it is impossible to peek into tomorrow and find out what exactly awaits us, we can already assume with a great deal of certainty that we will face the recomposition of the international community, the emergence of new subjects of international relations, revolutionary breakthroughs in science and technology, mass use of artificial intelligence, colonization of outer space etc. The pandemic we are currently dealing with can very easily leave its own mark in various ways. Therefore, an interesting question is, in which direction will the development of international law move? The work has eight parts. The first one gives an overview of globalization, internationalization and regionalization and their significance for international law, as well as the impact of international law itself on these processes. The second part deals with the subjects of international law - states, quasi-states, international organizations, quasi-international organizations, subjects sui generis, individuals, groups and humanity. In the following two sectiona, the expected directions of development of international legislation (the sources of international law) and international courts are discussed. The fifth part is dedicated to the space law, which will certainly experience boom, along with the new phase of the conquest of the outer space and, especially, the beginning of its colonization. Since it is not realistic to believe that wars will disappear, the next part of the article deals with the law of armed conflicts.The seventh part briefly indicates that other areas of international law will also undergo appropriate changes. The eighth part is dedicated to very interesting problem of fragmentation of international law, and the last, ninth part, deals with the crisis and consistent implementant of international law
Privrženost pravnim vrijednostima kao odgovor na pravne izazove

Privrženost pravnim vrijednostima kao odgovor na pravne izazove
(Commitment to Legal Values in Response to Legal Challenges)

  • Author(s):Mirjana Nadaždin-Defterdarević
  • Language:Serbian
  • Subject(s):Social Sciences, Law, Constitution, Jurisprudence
  • Page Range:48-69
  • No. of Pages:22
  • Keywords:Legal system;Legal norm;Legal relations;Material and formal legal values;
  • Summary/Abstract:Law is a cultural phenomenon, which came about as a deliberate response to the challenges of social reality, as an expression of the necessity for an organised community to prescribe the current and future social reality as an obligation, and, through guaranteeing its future, to secure its own existence. The aim of law thus becomes a challenge in itself. The legal system must ensure continuity despite discontinuity and certainty despite uncertainty. Defined by its essential and often competing elements (its ontological conditionality, value, teleological and normative aspects), law found the answer to its inherent challenge in its axiological aspect: the legal values.The social reality is a dynamic aspect of law, prone to continuous change, and this is inevitably reflected in its normative aspect. Only for the axiological component of law can we claim a certain degree of stability and consistency. That stability and consistency are still sufficiently flexible to be a broad backdrop for the evolutive hermeneutic approach to their content(and thus inevitably their necessary measure of dynamism), while on the other hand, they are sufficiently reliable to ensure the certainty of perpetuation of the content of legal values, as has been the case from the beginning of its existence to this day. By providing a normative and disciplined structure to the social relationships in accordance with material legal values of freedom, peace, justice, legal certainty and thus by turning them into legal relationships, the system of legal norms leans towards coherence, completeness and determination, and these requests, like legal value principles, both define and govern the application of legal norms.Although evaluation is always strongly subjectively motivated, although value principles are subjective facts, they are also objectified because they arise from certain needs and objective interests of people - each value content is an expression of the needs and interests of many individuals who act together and form a social group. The very manifestations of values and their criteria depend on the specific social environment, which is itself changeable and temporary. In concrete time we are aware of their subjective grounding determined by interests in the context of objective social reality, but in the continuity of time this subjectivity and bias, unreliability and variability are overshadowed by the realization that, regardless of indisputable changes in the real environment, legal values, both material and formal, are always present.By their permanence they create a sense of certainty and although they are changeable in content, they always have a clear goal - to justify the law and strengthen confidence in its content and its goals - confirming that law guarantees peace, freedom, justice and legal security and that its norms will always adhere in their application to these values because they will follow the requirements of legality, completeness and definiteness. Social relationships change. Legal norms change. Only legal values respond to the challenge of permanent change. Named always in the same way, thus giving a necessary sense of continuity in discontinuity, legal values respond to the challenges of reality by keeping us in the belief of certainty that is so necessary for law.
Правни аспект глобализације и њен утицај на нарушавање државне суверености

Правни аспект глобализације и њен утицај на нарушавање државне суверености
(Legal Aspects of Globalization and Its Impact on the Destruction of State Sovereignty)

  • Author(s):Dragan Bataveljić, Mitar Lutovac
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Governance, Politics and law, Globalization
  • Page Range:70-83
  • No. of Pages:14
  • Keywords:Globalization;Law;Politics;Economics;State sovereignty;World;Global management;Power;
  • Summary/Abstract:In this paper, the authors first discuss the concept of globalization, that is its roots, origin, development, meaning and, particularly, its impact on contemporary global trends, global economy, politics and global community in general. There is no doubt that fast development of technologies, informatics, transportation infrastructure, all kinds of communication means, etc.,(particularly in the 21st century), have enabled swift transfer of information,as well as of goods, services, people and capital which, until recently, was quite unimaginable. This all has generated major changes in modern, developed world becoming the key driver of current globalization process. Such a process, of course, has both positive and negative characteristics and forms,but, nevertheless, the fact remains that all these technological developments from the beginning of the third millennium have contributed that the world we live in is viewed as a unique system, that is, as one “global village”. This is supported by the fact that, now, you can establish a link between two persons at two separate parts of the world in just a few seconds, which is one of the positive characteristics of globalization. However, contemporary global changes also have its negative traits, one of them being the destruction of state sovereignty resulting from the creation of the new system of global management. This system restricts the powers of national states which creates the conditions for the appearance of a new form of a supranational state.
Election of Judges: are We Ready to Question the Dogmma?

Election of Judges: are We Ready to Question the Dogmma?
(Election of Judges: Are We Ready to Question the Dogmma?)

  • Author(s):Goran Marković
  • Language:English
  • Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence
  • Page Range:84-114
  • No. of Pages:31
  • Keywords:Judiciary;Judges;Judicial Council;Parliament;Selection of judges;Political elites;Merit;
  • Summary/Abstract:The purpose of this work is to explore two methods of election of judges: election by the parliament and by the judicial council. The author compares these methods of election of judges using few principles which have to be fulfilled: legitimacy, accountability, and independence of judges, as well as merit criterion. The author examines advantages and weaknesses of both methods. His hypothesis is that the judiciary is one of branches of state power, and that therefore the judges have to be legitimate and accountable since they have to be in a way responsible to the people who are the bearer of the sovereign power. This could be achieved only through direct or indirect election of judges. Since the author rejects direct election of judges, he finds out that the only way to achieve judges’legitimacy is through their election by parliament. This method of election has one main weakness, namely very strong possibility that the parliament would elect judges according to political rather than professional (merit) criterion. This is the reason why the author thinks that there should not be parliament’s monopoly in the process of election since the judges have to be elected on the proposal of the judicial council among candidates who have to pass special exam.
Control of the Constitutionality and Legality of General Acts of Legal Entities With Public Powers in the Republic of North Macedonia

Control of the Constitutionality and Legality of General Acts of Legal Entities With Public Powers in the Republic of North Macedonia
(Control of the Constitutionality and Legality of General Acts of Legal Entities With Public Powers in the Republic of North Macedonia)

  • Author(s):Zoran Jovanovski
  • Language:English
  • Subject(s):Social Sciences, Law, Constitution, Jurisprudence
  • Page Range:115-127
  • No. of Pages:13
  • Keywords:Legal entities;Public authorities;Supervision;Control;General acts;
  • Summary/Abstract:In conditions where the realization of works of public interest under equal conditions in material and immaterial sense (public powers) as functions of the state are entrusted to special legal entities, we face the existence of legal entities with public powers. As independent bodies, their establishment as well as their public powers are regulated by law, and given that such powers give them authority over government, the rules concerning government bodies also apply to them. In order to avoid possible abuses and violations of the law, it is necessary for the exercise of public power to be fully regulated by law, and the performance of functions to take place in a responsible and transparent manner. Having in mind that they are established by the Government, it has the right to supervise the legality of the work of the entity to which those public powers are entrusted. In the Republic of North Macedonia, there are currently eight legal entities with public power, established and regulated under special laws, and with the status of a legal entity, they operate at the national level. Of these eight, four are funds, two are councils, one is established as an agency and one as an institute. In order to ensure the constitutionality and legality of the general acts of state bodies, institutions and other legal entities, it is performed through additional supervision as a type of legal supervision. If such a case occurs, and if the supervisory body finds material or formal illegality of the act, it will initiate the procedure for compliance with the law.
Посебна радноправна заштита младих на раду и у вези са радом

Посебна радноправна заштита младих на раду и у вези са радом
(Special Labour Protection of Young People at Work and in Relation to Work)

  • Author(s):Radislav Lale
  • Language:Serbian
  • Subject(s):Labour and Social Security Law
  • Page Range:128-147
  • No. of Pages:20
  • Keywords:Labour law relationship;Protection of young people in employment;Working ability;Conditions for employment;
  • Summary/Abstract:Employed women, younger workers and the disabled enjoy special protection at work. This protection is provided for in legal documents of international and domestic labour law. The paper will systematically consider the issue of special protection of younger workers with regard to their age and adequate psycho-physical and mental maturity. The focus will be on the analysis of special protection of young people in the labour legislation of the Republic of Srpska, with reference to the most important standards of protection of international and regional law. Namely, these are children and youth under the age of 18, because the lower age limit for employment is 15 years. These are minors who may be exposed to the harmful effects of working conditions and in whom particularly difficult and dangerous jobs(jobs with special working conditions) can leave negative consequences for their psycho-physical development.
Однос Закона о општем управном поступку и других закона у правном поретку Републике Србије

Однос Закона о општем управном поступку и других закона у правном поретку Републике Србије
(The Relationship Between the General Administrative Procedure Act and Other Legislative Acts in the Legal Order of the Republic of Serbia)

  • Author(s):Miloš Prica
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence
  • Page Range:148-179
  • No. of Pages:32
  • Keywords:General Administrative Procedure Act;Systematic laws;General laws;Special laws;Direct application;Su7bsidiary application;Analogous application of general law;
  • Summary/Abstract:In the legal order, there are systemic and special laws. Systemic laws are legislative acts that regulate one area of the legal order in a comprehensive manner, which further implies that systemic laws are also general laws. Special laws are legislative acts focusing on particular subject matter within a specific area. The legal relationship between general and special laws is marked by subordination of a special law to a general law and referral to the general law. It further entails the distinction between subsidiary application and analogous application of general law provisions. In the legal order of the Republic of Serbia, the General Administrative Procedure Act is a systemic law, considering that it comprehensively regulates the area of administrative procedure. The relationship between the General Administrative Procedure Act and other systemic procedural laws is governed by referral to the general law, not by subordination. On the other hand, the relationship between the General Administrative Procedure Act (as a general law) and many other special (subject-specific) laws is governed by the regime of direct, subsidiary and analogous application of general law provisions. In this article, the author aims to explain the difference between direct, subsidiary and analogous application of the General Administrative Procedure Act, particularly having in mind that legal literature does not elaborated on the difference between subsidiary application and analogous application of the general law in an appropriate manner. Analogous application entails the application of the general law in compliance with the nature of the relationship between the rules of procedure and the subject matter of legal regulation. Subsidiary application entails the application of the general law in all matters which are not regulated by a special law.
Секундарна и секундарна секундарна пореска обавеза у пореском праву Републике Српске

Секундарна и секундарна секундарна пореска обавеза у пореском праву Републике Српске
(Secondary and Secondary to Secondary Tax Liability in Republic of Srpska's Tax Law)

  • Author(s):Đorđe Marilović
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Fiscal Politics / Budgeting
  • Page Range:180-202
  • No. of Pages:23
  • Keywords:Tax Proceedings;Secondary Tax Liability;Law on Tax Procedure;Liability;
  • Summary/Abstract:Secondary and secondary to secondary tax liability in Republic of Srpska’s tax law is not word play, but literal essence of newly introduced legal construct which, as the author assumes, may be particularly troublesome to implement. The new Law on Tax Procedure, which entered into force in mid august 2020, provides the secondary tax liability that includes not only due and unsettled liabilities of other taxpayer, but also other’s due and unsettled secondary tax liability. One secondary tax liability may be the legal basis for existence of other secondary tax liability. In this paper, the author gives numerous secondary liability examples, in which potential problems may arise for Tax Authority and parties as well, during the implementation of secondary tax liability law provisions. The author concludes that this legal concept should not have been introduced in this manner, but also supports the legislator’s intention to determine appropriate provisions of law on proceedings, concerning substance over form principle and general and specific anti-abuse rules.
Изазoви примене Закона о заштити података о личности од стране органа управе у Републици Србији

Изазoви примене Закона о заштити података о личности од стране органа управе у Републици Србији
(Implementation Challenges of the Law on Personal Data Protection by Administrative Authorities in the Republic of Serbia)

  • Author(s):Stefan N. Andonović
  • Language:Serbian
  • Subject(s):Social Sciences, Law, Constitution, Jurisprudence
  • Page Range:203-217
  • No. of Pages:15
  • Keywords:Administrative law;Personal data;Personal data protection;Law on General Administrative Procedure;Law on Personal Data Protection
  • Summary/Abstract:The development of the Internet and information and communication technologies is connected with the growing importance of data. Data is a significant resource in the modern world, since the one who owns the data holds the power. The reason for this is the fact that modern society is based on data that allows us to understand the needs, desires and activities of others. In the modern information society, personal data have a particularly important place because they carry confidential and personal information that can endanger the privacy of individuals. Therefore, there is a need to adopt rules that will enable adequate protection of personal data. Thus, the new regulations in the field of data protection appear everywhere in the world, as they do in Serbia. The new Law on Personal Data Protection of the Republic of Serbia from 2018 brought significant innovations into domestic legal system. The novelties refer to numerous institutes, previously nonexistent in the domestic legal system. Also, various entities became obliged to harmonize its operations with the new regulations. One such important entity is administrative authorities. Bearing in mind that administrative authorities process a large amount of data related to citizens, they also fall under the application of new legal provisions. As administrative authorities have different nature and perform specific tasks in relation to other natural persons and business entities to which the mentioned law applies, numerous questions arise regarding the application of personal data protection rules within the scope of public administration. The issues that arise concern the relationship and priorities of the application of the Law on Personal Data Protection and the Law on General Administrative Procedure. This also opens up challenges related to the application of some human rights, such as the right to access data held by administrative authorities and the right to be forgotten by administrative bodies. Also, there are problems of different deadlines and competition of legal remedies of the mentioned laws. Therefore, this paper examines the basic challenges posed by the mentioned issues and tries to give possible ways of overcoming them.
Хартово поимање односа права и морала у контексту правног расуђивања

Хартово поимање односа права и морала у контексту правног расуђивања
(Hart's Understanding of the Relation Between Law and Morality in the Context of Legal Reasoning)

  • Author(s):Brano Hadži Stević
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Ethics / Practical Philosophy, Philosophy of Law
  • Page Range:218-233
  • No. of Pages:16
  • Keywords:Hard cases;Legal qualification;Dialectic nature of legal reasoning;Law and morality;
  • Summary/Abstract:The author analyzes one aspect of the relationship between law and morality in Herbert Hart’s theory – the one that deals with the judge's reasoning in hard cases, when the issue of legal qualification comes to the fore. In such cases, the dialectical nature of legal reasoning is visible, since the judge comes to a rational decision by valid argumentation rather than by simple deduction. Hart pointed out that in hard cases, the judges have in mind the concept of what law should be, but that is not a sign that there is a necessary connection between law and morality, since the word “should” indicates only that there are some criteria of criticism, which are not necessarily moral criteria. The author will try to analyze his position and determine whetherHart really separated law from morality, what type of connection betweenthe nature of law and moral exists, and what, in Hart's opinion, awareness ofwhat law should be actually implies.
Kriminalnopolitički stavovi o trgovini ljudima i njihov uticaj na međunarodno zakonodavstvo

Kriminalnopolitički stavovi o trgovini ljudima i njihov uticaj na međunarodno zakonodavstvo
(Criminal and Political Approaches to Human Trafficking and Their Effects on International Legislation)

  • Author(s):Milica Anđelić
  • Language:Serbian
  • Subject(s):Criminal Law, Human Rights and Humanitarian Law
  • Page Range:234-253
  • No. of Pages:20
  • Keywords:Human trafficking;International legislation;Criminal policy views;Human rights;
  • Summary/Abstract:In this paper, the author deals with criminal policy views on human trafficking and their impact on international law. A special subject of analysis are certain doubts, ambiguities and illogicalities encountered by international and criminal law as mechanisms of anti-trafficking policy. The first part of the paper provides introduction to the phenomenon of human trafficking, the definition and identification of violations of some human rights related to human trafficking. The topic of human trafficking often corresponds to the topic of prostitution, as well as issues of incrimination. In this sense, the focus is on the issue of different value judgments about the existence of free will in prostitution. The second part of the paper discusses radical and moderate feminist attitudes and their impact on international law. Trafficking in human beings, on the one hand, and preparation for exploitation as well as exploitation per se, are in the same relationship with each other. Namely, the criminal-legal response to exploitation makes there action to human trafficking unnecessary. That is why it is important to criminalize exploitation. In many countries that have not acted in this way, Montenegro and Serbia included, the concept of criminal-legal response to human trafficking is unacceptable since the earlier phase in the execution of criminal activity is sanctioned. The author concludes that it is necessary to provide an overview of the problem of trafficking in human beings from different aspects and to point out the different attitudes, legislative frameworks and numerous conventions that prescribe the prohibition of trafficking in human beings, all with the aim of preserving basic human rights. One can talk about fulfilling the ideals of personal security if life, physical integrity, dignity, health, political, social and economic position in society, legal security, freedom of expression, thoughts and beliefs, but also many other relevant conditions are met to that extent that a human being can develop and express his personality without hindrance. Contrary to this ideal, human trafficking violates many of the stated rights and conditions. Violation of certain rights causes trafficking in human beings, which leads to the conclusion that human rights violations occur both as a cause and a consequence of human trafficking.
Регулативна легислатива међународног финансирања Босне и Херцеговине - проблеми и изазови

Регулативна легислатива међународног финансирања Босне и Херцеговине - проблеми и изазови
(Regulatory Legislation of International Financing of Bosnia and Herzegovina - Problems and Challenges)

  • Author(s):Miroljub Krunić
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Corruption - Transparency - Anti-Corruption
  • Page Range:254-271
  • No. of Pages:18
  • Keywords:Economic development;Economic policy;Public debt;Business environment;Public debt legislation;Competitiveness;The rule of law;Transition effect;Corruption;:
  • Summary/Abstract:In recent decades, one way of attempting to improve and guide the overall economic transition in Bosnia and Herzegovina has been through financial international agreements. However, twenty-five years later, it is evident that some significant economic reforms have not even begun yet, that economic growth is in a serious crisis, and that the domestic economy – so far we have called it “covid economy” – threatens with unforeseeable and dangerous consequences, to exports and jobs, to production, as well as to life in general. The course of external financing of the country and the economy is often “adjusted” by the decisions of domestic actors, without taking into account the nature of these instruments and the obligations from international agreements. In such circumstances, the interdependence of the achieved results and the quality and character of the regulatory legislation of that part of international economic relations is problematized. In addition, questions arise as to whether the regulatory mechanism could (and why it failed to) identify obstacles in a timely manner and assess potential negative effects on the country. In particular, the issue of liability and all types of sanctions for the current situation is raised. The article will try to give answers to these and some other questions from the domain of the indicated topic of the article.Furthermore, it attempts to present the possibilities of the relevant regulatory legislation to have a more positive impact and change difficult economic position of the country.
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Трговина људима са посебним освртом на жртве - компаративни приказ рјешења кривичног законодавства и анализа судске праксе у Србији и Хрватској

Трговина људима са посебним освртом на жртве - компаративни приказ рјешења кривичног законодавства и анализа судске праксе у Србији и Хрватској
(Trafficking in Human Beings With Special Reference to Victims - Comparative Overview of Criminal Law Solutions and Analysis of Judicial Practice in Croatia and Serbia)

  • Author(s):Miodrag N. Simović, Vanda Božić
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law
  • Page Range:275-296
  • No. of Pages:22
  • Keywords:Human trafficking;Types of exploitation;Victims;Human rights;
  • Summary/Abstract:Human trafficking is one of the cruelest crimes against humanity and other goods protected by international law and one of the most brutal violations of fundamental human rights. Modus operandi of recruiting and exploiting victims of trafficking has become increasingly perfidious and brutal. Trafficking in human beings is a global problem and a phenomenon of today’s society and time. The paper provides an overview of the international legal framework for combating trafficking in human beings and provides a comparative overview of the solution of national criminal legislation with an analysis of case law in the Republic of Serbia and Republic of Croatia. The criminal offenses of trafficking in human beings, forms and types of exploitation were investigated, with special reference to the victims of trafficking in human beings in Serbia and Croatia. The authors point out the criminal law solutions of Serbia and Croatia in the suppression of human trafficking, as well as the similarities and distinctions in terms of incrimination and prescribed criminal sanctions. In the concluding remarks,an assessment of the de lege lata situation in Serbia and Croatia was given,and, accordingly, possible proposals for a de lege ferenda in the fight against human trafficking were given.
Криминологическии анализ и тенденции преступности в период и после пандемии

Криминологическии анализ и тенденции преступности в период и после пандемии
(Criminological Analysis and Crime Trends During and After Pandemic)

  • Author(s):Elena Gennadievna Bagreeva, Anna Ivanova Mantarova
  • Language:Russian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law
  • Page Range:297-312
  • No. of Pages:16
  • Keywords:Criminological analysis;Crime;Comparative analysis of crime in Russia and Bulgaria;Pandemic;
  • Summary/Abstract:As a goal, the described study considered the criminological analysis of crime in the first months of 2020, which coincided in European countries with the spread of the COVID–19 pandemic. The method of comparative analysis of statistical information from official sources of the Russian Federation and Bulgaria for the specified period was used. The analysis of the state of crime allowed the authors to argue about a significant change in the structure of crime in general - a decrease in some indicators and the growth of others. The authors note a significant decrease in the first month of a number of “street” types of crimes and an increase, first of all, of cyber crime indicators. From the second month, the growth of such crimes as IT technology fraud, domestic violence and theft has become significant. Since the second month, a “revival” of a number of crimes has been registered: a significant increase in fraud using IT technologies, domestic violence and theft. The theoretical significance of this work consists in: identifying the impact on crime of the social environment changed as a result of emergency circumstances, justifying the need to study the limits of the use of law enforcement agencies to ensure public order (in a pandemic or other “risky” or emergency situations), the conditions for achieving balance and maintaining the trust of citizens, restraining the growth of crime. Analysis of crime statistics and the changes that have occurred in the socio-economic sphere of Russia and Bulgaria for January-April 2020 allows us to formulate prognostic trends about crime changes in the near future, which is the practical significance of the study.
Управление миграционними потоками как профилактика преступности в период и после COVID-19

Управление миграционними потоками как профилактика преступности в период и после COVID-19
(Managing Migration Flows as Prevention of Crime During and After COVID-19)

  • Author(s):Elena Gennadievna Bagreeva
  • Language:Russian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Health and medicine and law, Migration Studies
  • Page Range:313-320
  • No. of Pages:8
  • Keywords:Crime;Pandemic;Migration flows;Balance of interests;Crime prevention;
  • Summary/Abstract:In the context of the COVID – 19 pandemic, the problem of migration flows is becoming more acute. The article analyzes the criminal situation in the countries at the beginning of the pandemic period, the structure of offenses. The paper provides a comparative analysis of the management decisions of States in relation to migrants during the pandemic. It is argued that balancing the interests and needs of various groups of the country’s population, including migrants, and the state at the macro and micro levels of social reality will help to avoid a surge in crime.
Pravo na suđenje u razumnom roku

Pravo na suđenje u razumnom roku
(Right to Trial Within a Reasonable Time)

  • Author(s):Ivanka Marković
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence
  • Page Range:321-337
  • No. of Pages:17
  • Keywords:Reasonable deadline;Request to expedite the proceedings;A lawsuite to establish a violation of the right to a trial within a reasonable time;Fair satisfaction;
  • Summary/Abstract:The Law on Protection of the Right to Trial within a Reasonable Time has the intention to provide effective legal protection of the right to trial within a reasonable time within the domestic judicial system to each citizen whose right has been violated before the judicial institutions of Republika Srpska. Instead of appealing to the Constitutional Court of BiH within a system of protection of the right to fair trial before the CC BIH, citizens will use the legal means provided by this Law. However, by prescribing legal remedies for the protection of the right to a trial within a reasonable time,the level of protection of this right expected from the Republika Srpska has not yet been reached. In order to reach that goal it is necessary to ensure adequate application of European standards, i.e. criteria for determining the violation of the right to trial within a reasonable time. In this regard, we note that Article 2 (3) of the Law explicitly provides that “a violation of the right to a trial within a reasonable time shall be determined in accordance with the case law of the European Court of Human Rights in Strasbourg.”Anyone who considers that his civil rights and obligations or a criminal charge against him has not been decided within a reasonable time has the right to the judicial protection within the above mentioned protection system. Remedies that ensure protection of the right to trial within a reasonable time are a request to expedite the proceedings and a lawsuit to establish a violation of the right to a trial within a reasonable time and to just satisfaction due to a violation of the right to a trial within a reasonable time.It follows that the legislator accepted the combined system of protection of the right to a trial within a reasonable time, which seeks to speed up the procedure on the one hand, and fair compensation of the party on the other hand due to inconveniences caused by the excessive duration of the procedure. In order to unify the case law when determining the amount of monetary compensation, the legislator has determined that monetary compensation in the amount of 300 KM to 3,000 KM per case, and exceptionally, inspecial cases when several persons are injured in court proceedings where a violation of rights at trial within a reasonable time occurred, damages may amount up to 20,000 KM per case.The central question that arises in the application of this Law is the question when a violation of the right to a trial within a reasonable time occurs,i.e. what a “trial within a reasonable time” practically means? In answering this question, the courts will have at their disposal the large EctHR’s and Constitutional Court of BiH’s case law what leads us to the conclusion that there should be no significant problems in its application. The responsibility of a judge whose negligence violated the right to a trial within a reasonable time remained outside the scope of this Law. In our opinion, regulation of this kind of responsibility should have been an integral part of this Law. Such regulations together with the existing ones, would greatly contribute to the establishment of more efficient court proceedings in the Republic of Srpska.
Сврха и принципи делотворне истраге мучења и других облика злостављања у праву и пракси Европске конвенције о људским правима

Сврха и принципи делотворне истраге мучења и других облика злостављања у праву и пракси Европске конвенције о људским правима
(Purpose and Principles of an Effective Torture Investigation and Other Forms of Abuse in Law and Practice of the European Convention on Human Rights)

  • Author(s):Vladimir V. Veković
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Studies in violence and power
  • Page Range:338-355
  • No. of Pages:18
  • Keywords:Prohibition of torture and other ill-treatment;Purpose and principles of effective investigation;Council of Europe;European Convention for the Protection of Human Right and Fundamental Freedoms;
  • Summary/Abstract:Torture and other forms of abuse occur both in societies that are undergoing a process of transition for a shorter or longer period of time, with more orless success, and in countries with a respectable democratic tradition. Althoughit is a positive procedural obligation of the CoE member states to conduct aneffective investigation into the alleged violation of Art. 3 of the Conventionestablished in 1998, they are, as it follows from the above, often neglected. Inthe period from 2003-2020 year, the Court passed as many as 943 judgmentsin which it found a violation of Art. 3 due to the lack of an effective investigation, which indicates that this is an extremely serious problem. Ignoring theprinciples discussed above makes it impossible to achieve the purpose of aneffective investigation and, consequently, leaves far-reaching consequences:the prohibition of torture and the commitment to eradicate impunity are reduced to rhetorical decoration; the absolute nature of the prohibition of torture and other ill-treatment is compromised; the deterrent effect is meaningless;public confidence in the rule of law is progressively atrophied; there is a growing suspicion of the existence of collusion and tolerance of illegal acts; the injured are deprived of adequate satisfaction, etc.Overcoming the identified problems requires undertaking numerous,well-designed and coordinated activities, of which the most important are:a) adoption and consistent application of new laws and regulations harmonized with the highest standards of the Council of Europe, which will be an adequate legal framework for effective prevention and suppression of torture and other forms of abuse; b) reform of the police and penitentiary services with effective external and internal control and oversight, and ensuring transparency to the extent that this does not jeopardize their activities; c)proper selection, continuous professional training and motivating employees to perform their duties professionally, developing awareness of the need to respect the innate and inalienable dignity of every human being and his rights and fundamental freedoms, eliminating racial, ethnic, religious and other prejudices, and emphasizing the importance of respecting professional codes ethics, as well as d) creating an atmosphere in which it will be considered appropriate to report a colleague who abuses a person deprived of liberty, because the guilt for abuse, in addition to the perpetrator of such an act, is borne by any person who knows, or should know, that a person deprived of liberty is abused. If we persevere in these efforts, we will also succeed in affirming the principle that the human being cannot be treated as a mere means, which arises from the growing and increasingly influential concept of anthropocentrism.
Правна (не)сигурност у казненом праву Републике Србије за време тзв. полицијског часа проглашеног због епидемије заразне болести COVID-19

Правна (не)сигурност у казненом праву Републике Србије за време тзв. полицијског часа проглашеног због епидемије заразне болести COVID-19
(Legal(In)security in the Penal Law of the Republic of Serbia During the Time of the So-called Curfew Introduced Due to Epidemic of the Contagious Disease COVID-19)

  • Author(s):Branislav R. Ristivojević, Ivan D. Milić
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Health and medicine and law
  • Page Range:356-375
  • No. of Pages:20
  • Keywords:Contagious disease; Crime; Misdemeanor; Legal insecurity;COVID-19;
  • Summary/Abstract:Due to the epidemic of the contagious disease COVID-19 in the Republic of Serbia the so-called curfew was introduced. The object of the authors’ attention is the legal (in)security during the time that the so-called curfew was enforced. The authors examine how citizens, for a period of time, could not know what kind of behavior was allowed or which actions constituted punishable acts.
Политика сузбијања криминалитета и наука безбедности

Политика сузбијања криминалитета и наука безбедности
(Crime Prevention Policy and Security Science)

  • Author(s):Marina M. Simović, Miomira P. Kostić
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Security and defense
  • Page Range:376-390
  • No. of Pages:15
  • Keywords:Crime prevention;Security science;Risk factors;Protective factors;
  • Summary/Abstract:In their paper, the authors first emphasized that the emergence and development of crime prevention are some of the important features of criminal justice systems in modern countries of the World and they often reflect the global “transfer” of prevention practice and idea in the way they are embedded in different jurisdictions and within the jurisdiction of a particular state. This way is always clearly shaped by different local and cultural traditions, as well as socio-legalistic context of issues it regulates. The acceptance of preventive strategies and technologies, in the broadest sense, is conditioned by their comparison with political aspirations, on one hand, as well as their harmony with values of culture, on the other hand. Then, it is important to consider the understanding of crime, order and security, having these three concepts being the key to the development of crime prevention and security in social community.
Преговарање о кривици

Преговарање о кривици
(Plea Bargaining)

  • Author(s):Mladenka Govedarica
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law
  • Page Range:391-403
  • No. of Pages:13
  • Keywords:Criminal proceedings;Public prosecutor;Suspect;Accused;Defense counsel;Court;Plea bargaining;
  • Summary/Abstract:The Criminal Procedure Code in Bosnia and Herzegovina regulates the institute of plea bargaining in an identical manner. The conclusion of a plea agreement is possible for all criminal offenses, regardless of their gravity. The essence of the agreement is that the suspect or accused admits guilt and that the public prosecutor proposes to the court to impose a sentence below the legal minimum sentence for that crime, i.e. a milder sanction for the suspect or accused in accordance with the Criminal Code. The agreement can be concluded until the end of the main trial, i.e. the trial before the panel of the second instance court, and in addition to the parties, the presence of a defense counsel is also mandatory. The agreement must be in writing and it must show all the conditions whose cumulative fulfillment is required in order for the agreement to be considered by the court. The procedural activity of the court itself begins from the moment the indictment is submitted together with the agreement, and the final decision of the court on the agreement can go in the direction of its rejection or adoption.
Војна доктрина као извор међународног хуманитарног и кривичног права

Војна доктрина као извор међународног хуманитарног и кривичног права
(Military Doctrine as a Source of International Humanitarian Law)

  • Author(s):Živorad Rašević, Vladimir M. Simović
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, International Law, Human Rights and Humanitarian Law, Military policy
  • Page Range:404-422
  • No. of Pages:19
  • Keywords:Military doctrine;Humanitarian law;Criminal law;Legal sources;
  • Summary/Abstract:The norms of international humanitarian law oblige states to include the study of humanitarian law into their military training programs and to acquaint other states with their regulations that ensure their application. In this sense,military manuals prescribing rules for the use of military force are becoming a source of knowledge about the practice of war, which is relevant for determining of the responsibility of states for violations of international humanitarian law and for determining of individual criminal responsibility for war crimes. This paper clarifies the legal nature of military doctrine as a systematized set of publications that regulate, guide, and train participants in armed conflicts. To this end,the relevant rules of humanitarian and criminal law are interpreted.It is shown that military doctrine is an important material source of law and a source of rules of the military profession, and that in the formal legal sense it has a multi-significant nature. First, in international humanitarian law, military doctrine is considered as evidence of state practice, which is used in the practice of the International Court of Justice as proof of state responsibility. In some cases,especially when it comes to Western publications, military doctrine is considered a formal source of humanitarian law in the form of the opinions of prominent jurists, principles recognized by civilized nations, and even international customs. In addition, military doctrine becomes criminally relevant through blanket provisions describing domestic and international criminal offenses. Having in mind the great importance of the rules of military doctrine for the assessment of the legality of the use of military force, this paper proposes certain institutional measures that would pay more due attention to military doctrine.
Општи осврт на истрагу пореских кривичних дела

Општи осврт на истрагу пореских кривичних дела
(General Overview of the Tax Crime Investigation)

  • Author(s):Suzana Dimić, Mirjana Đukić, Vanda Božić
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Fiscal Politics / Budgeting
  • Page Range:423-443
  • No. of Pages:21
  • Keywords:Tax crimes;Investigation;Financial investigation;
  • Summary/Abstract:Through a reduction in taxpayers’ disposable income, taxation has the effect of reducing their economic strength. This so-called economic burden encounters different modalities of taxpayer resistance. Often, they are manifested through the conscious and deliberate undertaking of certain activities by which taxpayers reduce or fail to meet their tax obligations. The most serious forms of illegal behavior of taxpayers are incriminated as tax crimes, which established a system of criminal protection of the fiscal system of the state.The purpose of the investigation is based on gathering a sufficient amount of quality evidence, in order to reach the level of probability as a medium level of certainty that a crime was committed, and thus establish a basis for indictment. As a former duty of the investigating judge, the collection of evidence is entrusted to the public prosecutor in the newly established system of prosecutorial investigation. Tax crimes carry certain specifics, and require to be investigated in a somewhat differently composed investigation. With the participation of the tax police, financial forensics and, if necessary, other experts, the way is opened for the successful prosecution of perpetrators of this category of crimes.
Мјесто и улога Пореске управе Републике Српске у спречавању кривичних дјела против привреде и платног промета

Мјесто и улога Пореске управе Републике Српске у спречавању кривичних дјела против привреде и платног промета
(The Role of the Tax Administration of the Republic of Srpska in the Prevention of Criminal Offenses Against the Economy and Payment Transaction)

  • Author(s):Goran Maričić, Gojko Pavlović
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Fiscal Politics / Budgeting
  • Page Range:444-461
  • No. of Pages:18
  • Keywords:Economy;Economy crime;Tax crimes;Tax administration;
  • Summary/Abstract:Due to the difficulties in defining the concept of economic crime, it is not uncommon to list criminal offenses that can be considered criminal offenses against the economy and payment transactions. In accordance with the constitutional order in Bosnia and Herzegovina, these criminal offenses are prescribed in four separate criminal laws, i.e. at each level of government in BiH separately. Thus, the Criminal Code of the Republic of Srpska prescribes a total of 31 criminal offenses against the economy and payment transactions, i.e. economic crime. Therefore, the aim of the paper is to first point out the economic crimes that are prescribed in the criminal legislation of the Republic of Srpska, and the special goal is to explain the tax crimes.Comparatively, it is not uncommon for special bodies, such as the financial police, to be established to combat this type of crime, which prescribe competencies and powers that are primarily aimed at preventing and detecting crimes in this area. Recently, however, in order to prevent this type of crime,narrowly specialized organizational units have been formed within the ministries in charge of internal affairs and finance. In this regard, the intention of the authors is to point out the legal and institutional capacities of the Tax Administration of the Republic of Srpska in preventing and detecting tax crimes. A special part of the paper consists of the results of the research conducted in the previous five years, which are related to the forms, structure and dynamics - the phenomenology of economic and tax crimes, i.e. reports submitted to the competent prosecutor’s offices in the Republic of Srpska by the Tax Administration of the Republic of Srpska.
Казна доживотног затвора као кривичноправни инструмент реакције на криминалитет(оправданост или не?)

Казна доживотног затвора као кривичноправни инструмент реакције на криминалитет(оправданост или не?)
(Life Sentence as a Criminal Law Instrument of Response to Crime (Justification or Not?))

  • Author(s):Ljubana Sladić
  • Language:Serbian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Penology, Penal Policy
  • Page Range:462-470
  • No. of Pages:9
  • Keywords:Criminal sanctions; Life imprisonment; Crime;
  • Summary/Abstract:The paper discusses life imprisonment as one of the most debatable and controversial types of criminal sanctions. Criminal sanctions are criminal law instruments of response to crime. Whether this type of criminal sanction justifiably has its place in the system of criminal sanctions, whether the arguments for or against it prevail, whether they exist and what the mechanisms for reviewing the same may be, are the questions that the author of this paper deals with.
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