Утицај Охридског споразума на начела адекватне и правичне заступљености, употребу језика, симбола и писама, децентрализацију и образовање у Републици Македонији

Author(s): Borče Davitkovski,Ana Pavlovska-Daneva,Dragan Gocevski,Elena Davitkovska / Language(s): Serbian Publication Year: 0

The paper elaborates on the theoretical aspects of equality and righteous representation of ethnic communities in public administration, as well as the implementation of these principles in the positive law of the Republic of Macedonia. The principle of equality is a constitutionally guaranteed right for all citizens of the Republic of Macedonia, thus this principle is applied in employment procedures in public administration. Following the constitutional amendments which incorporated the Ohrid Framework Agreement after 2001, the principle of equality faced a very complicated situation, needing to be implemented in parallel to respecting righteous representation of minority communities in public administration. This specific principle, although accepted as a democratic benefit, in time became a key for entrance i.e. employment in public administration. The paper provides a legal frame¬work through which this principle is implemented in positive administrative law: Law on General Administrative Procedure, Law on State Servants, Law on Public Servants (until 2015), Law on Administrative Servants, Law on Employees in the Public Sector etc. In conclusion, the paper presents an empirical analysis of the implementation of this principles in practice. The specifics of the situation in the Republic of Macedonia presented in this paper, argue how a democratic principle aiming to achieve righteous representation of all communities and strengthening the representative character of the administration, can be twisted and turned in to a mechanism for pure partisan and ethnic based employment.

Поводом новог нацрта Закона о општем управном поступку Републике Србије

Author(s): Zoran Lončar / Language(s): Serbian Publication Year: 0

Rules of general administrative proceedings in the Republic of Serbia,due to the quality of legal norms, have long and successful implementation in practice. Therefore, “Europeanization” of the administrative procedures hould not be an excuse for conceptual changes in the administrative procedure.Certain European legal principles relating to the work of administrative bodies can be incorporated into the existing rules of general administrative procedure, without their conceptual changes, what unfortunately has not been done not in the Draft Law on Administrative Procedure.Despite visible effort, full standardization of all European legal principles has not been carried out in the Draft Law on Administrative Procedure. Also,the assessment of the Draft Law should particularly include significant systemic non-compliance with other legal regulations in the field of public administration.If this concept of law remains, it will be necessary to revise the most important legal regulations, that are brought in the last decade, in the context of the reform of the state administration, beginning with the Law on State Administration, as the basic system regulation, the Civil Service Act, to the Law on administrative disputes, and dozens of other legal and sub-legal acts.

Основа идеје правне сигурности као услов и последица постојања Дејтонског споразума

Author(s): Sava Aksić / Language(s): Serbian Publication Year: 0

The state where high level of legal security exists is an ideal of every kind of society. However, the legal security includes the quality of law as well as many qualities which refer to their normativism or appliance of Law. All these attributes may not leave space for any kind of abuse or, even worse, existence of wide discretionary authorizations which questions the idea of law as such. In country ruled by law, the idea of legal security is raised on the highest level of ethical norm. In constitutions of Bosnia and Herzegovina and Republic of Srpska, collective and personal rights are on normative level, provided on the highest degrees. But by so-called Bonn’s authorizations, high and imprecise discretionary authorizations are given to OHR (Office of the High Representative), which were even more imprecisely interpreted by OHR. Considering this fact, Bosnia and Herzegovina became a classical protectorate.

Зеленашки уговор

Author(s): Milica Panić / Language(s): Serbian Publication Year: 0

In this paper we will discuss current issues related to the green contract regulated by Art. 141 of the Law on Obligations, as a contract that someone uses by means of a state of emergency, serious material status, insufficient experience, frivolity, addiction treaties for himself or a third person, the benefit which is in obvious disproportion to what he has given or done, or do. We will specifically look at the relationship between the green contract and the excessive damage, i.e. the justification of the existence of both institutes in our law. Considering the economic situation in the country, we will pay special attention to the loan agreement and the loan, i.e. the amount of the contractual interest rates. We will also analyze the solutions of the countries in the region, and of course, the court ruling on this issue. As far as methods are concerned, we will use a positive, historical, and comparative methods.

Особености законског уређивања друштва са ограниченом одговорношћу у Босни и Херцеговини

Author(s): Đorđe Perišić / Language(s): Serbian Publication Year: 0

А limited liability company, as one as, a form of company, represents a very important and frequent form economic organization everywhere in the world, as well as in our country. This form of the company was introduced into the legal system of the former Yugoslavia by the Commercial code for the Kingdom of Yugoslavia from 1937 and it was regulated again only bu the 1988. Law on enterprises of the SFRJ. After a collapse of a common state, in Bosnia and Herzegovina, company law was found within the competence of the Entities and the Brcko District, so that limited liability company was governed by entity laws on enterprises or company. In the period from 1988. until now, the legal regulation of a limited liability company has suffered some change, which were largely the result of adjusting the existing legal framework of the European Union regulations. The changes mainly concerned the manner of management of the company and issues related to core capital. In that sense, the most active was the law-marker of Republic of Srpska. By the Law of Companies of the Republic of Srpska of 2008. the two-tier system of managing the company was replaced by unicameral, and the most significant changes related to do fixed capital were related to do reduction of the minimum amount of the monetary part of the share capital, which in the Republic of Srpska since 2013., is 1 KM. When comparing the ways of regulating a limited liability company in the laws on companies of Republic of Srpska, the Federation BiH and the Law on Enterprises of the Brcko District, there is a lack of uniformity, this raisin the issue of the need for harmonization of the legal regulation of a limited liability company within BiH.

Континентално-адверзијално утврђивање чињеница у кривичном поступку

Author(s): Ivan Ilić / Language(s): Serbian Publication Year: 0

In order to achieve an immediate and total (final) aim of the criminal proceedings, it is necessary to find answers to questions that have been raised in the criminal request. It is about the existence of the crime, the offender, and the fulfillment of the conditions for the application of criminal sanctions. In addition, it is sometimes necessary to take a decision on the existence of the conditions for the conduct of criminal proceedings. The decision can be made after determining all the relevant circumstances of the case. Fact-finding is one of the important characteristics of the type of criminal procedure. As each criminal matter is different, as the real event from reality, which took place in the past, in criminal proceedings establishes different types of facts. In criminal proceedings, sometimes there is a need to evaluate the credibility of a source of knowledge about the relevant legal facts. This is achieved by determining the auxiliary facts. The differences between the continental-European and Anglo-American criminal procedure, among other things, are reflected in the subjects of establishing the facts. While in the continental proceedings it is on the Court, in the adversial proceedings the facts establishes the jury. The author first deals with the notion and the types of facts, which are determined in criminal proceedings. Then the basic characteristics of modern types of criminal proceedings are presented. After that, the author deals with subjects participating in establishing the facts, according to the pro-visions of the Serbian Criminal Procedure Code (CPC) from 2011. After detailed analysis of the CPC provisions, the conclusion is that the adversial procedure, which introduced by adopting CPC from 2011, remained out of an important element – the existence of the jury. Thus, a hybrid is created, something like continental-adversial type of criminal procedure, which is reflected on the fact-finding, as well as the achievement of the objective goals of the procedure.

Нека спорна питања која се односе на доказну радњу испитивање сведока у ЗКП-у Републике Србије

Author(s): Nikola Vuković / Language(s): Serbian Publication Year: 0

The subject of this paper are vexed questions related to the examination of the witness, which may occur in practice. The paper is visually structured in given items in order to achieve better intelligibility. Each item has its own article to deal with. The paper also presents solutions from Criminal Procedure Code of the Federal Republic of Germany. Brief reference is made to the relevant decisions of European Court of Human Rights regarding the institution of anonymous witnesses. Finally, the author points out on the differentiation between the terms from the CPC of the Republic of Serbia (2011) and the Law on the program of Protection of Participants in Criminal Proceedings (2005).

Unele dificultăți în materia asistenței juridico-penale internaționale: abordare teoretico-normativă

Author(s): Victoria Ţarălungă / Language(s): Romanian Publication Year: 0

Given that integration into different spheres of international relations has become a priority, the joint effort of the international community to combat crime can certainly be considered as one of the priorities of international cooperation. In the process of cooperation, states address such important issues as harmonizing the qualification of crimes that pose a threat to several states, coordinating measures to prevent and repress them, establishing jurisdiction over offenders, and legal assistance in criminal matters. In this article the author elucidates some difficulties of international legal assistance in criminal matters, making recommendations for remedying some gaps in this field.

Podstawy prawne funkcjonowania elektronicznego zarządzania dokumentacją w instytucjach naukowych i kulturalnych

Author(s): Marek Konstankiewicz / Language(s): Polish Publication Year: 0

Podmiot praw człowieka w perspektywie transhumanizmu

Author(s): Sara Smyczek / Language(s): Polish Publication Year: 0

Progress in the fields of genetic engineering, artificial intelligence, and new technologies causes some concerns regarding its impact on humanity and, in particular, on the idea of human rights. This article aims at formulating the conceptual framework for the transhuman subject, while trying to become an important contribution to the research on a wider problem, namely, the question concerning the direction of human rights as well as human freedoms development in the era of transhumanism. By analysing theoretical stances, the author attempts to establish a connection between the concept of human nature and the idea of human rights, in order to verify in what way human rights and freedoms should be granted based on the requirement of belonging to human race.

Bliskość czy obcość, czyli o relacjach międzyludzkich w dobie nowych technologii

Author(s): Marlena Drapalska-Grochowicz / Language(s): Polish Publication Year: 0

New technologies opened a new chapter in interpersonal relations. They can bring people closer or create distance between them. The ramifications depend on how new technologies are used. Challenges for the interpretative community posed by this situation involve questions of how to define traditional concepts: proximity, presence, and conversation. In the present article, the author reflects on closeness in the era of new technologies: Are new technologies in this context a source of contradiction, illusion, or perhaps a new form of closeness?

Czy Frankenstein i Sophia będą płacić podatki?

Author(s): Mirosława Zajcew-Szwaj / Language(s): Polish Publication Year: 0

The title question is not a quote from a fantasy novel, but a real problem that has been of interest also to lawyers. During a forum Future Investment Initiative, Sophia ‒ the humanoid robot created by Hanson Robotics ‒ had delivered such a successful speech that it was granted the citizenship of Saudi Arabia. Another example here can be Ross, an “employee” of the US law firm BakerHostetler that is an intelligent software operating on the IBM supercomputer Watson. Ross can predict the probability associated with insolvency law issues with an accuracy of 88.6%, while the best result obtained by human lawyers is 66.3%. In turn, Frankenstein referred to in the title was mentioned in the Resolution of the European Parliament of 16 February 2017 (2015/2103 (INL)), as a contribution to the debate on the development of robotics and artificial intelligence. The debate concerned issues related to the scope of regulation in criminal, civil, and tax law for artificial intelligence. It seems necessary to develop a proper legal regulation that would enable protection of people’s interests in connection with the dynamic development of robotics and artificial intelligence. Moreover, what has to be determined is how the risks associated with taking robots from people can be minimized. One of the solutions can be appropriate taxation of robot work. But what kind of taxes for robots will be the most effective? The same as for people, flat, or maybe progressive? In this article, I try to answer these questions and outline the consequences of these changes in order to eliminate the negatives, and to show the positive opportunities that are associated with taxation of robots and artificial intelligence. The legislator will surely be forced to adapt the existing legislation to the rapid development of technology.

Prawo a technologia. Zasada domniemania niewinności a dostęp mediów do procesu karnego w Polsce i Hiszpanii

Author(s): Paulina Konca / Language(s): Polish Publication Year: 0

The article concerns the principle of external publicity in Polish and Spanish criminal procedure, focusing on media access to the trial in the context of new media development. The author stresses the need to respect the principle of Presumption of innocence and gives an example of its violation, which occurred in relation to the Santiago de Compostela train crash in 2013. She also describes a Spanish phenomenon called juicios paralelos. Moreover, the article draws attention to the mechanisms ruling the internet functioning, which may impede the observance of the prohibition of press release of the data and image. As far as media access to the trial is concerned, the article provides an analysis of, on the one hand, the risks arising from the development of new media and, on the other, the advantages underlying the technology advances and media diversification.

Internetowe słowniki polszczyzny w procesie wykładni prawa

Author(s): Marek Suska / Language(s): Polish Publication Year: 0

Dictionaries are one of the most popular tools of statutory interpretation. Nevertheless, lawyers frequently perceive their online forms with caution. Electronic lexicography developing for many years made this “prejudice towards online dictionaries” unjustified. Online dictionaries seem to have significant prevalence when compared to their traditional versions, but it does not mean that they are free of disadvantages. It seems that on contemporary stage of development of lexicography, the best effect will be achieved when we refer to both types of dictionaries.

Artificial Intelligence w prawie Teraźniejszość i przyszłość

Author(s): Szymon Bokota / Language(s): Polish Publication Year: 0

Artificial Intelligence (AI) is evolving not only in computer sciences, but it also exerts huge impact in law. The present article is a short summary of the most basic information about AI and connected theoretical and practical concepts used in law, such as machine learning, adaptation of algorithms connected to logic, and the legal reasoning and potential results of ongoing fusion between world of law and AI.

Ograniczenie prawa do intymności w kontekście technologizacji życia codziennego

Author(s): Maria Pawińska / Language(s): Polish Publication Year: 0

The study deals with the issue of the admissibility of production, distribution, and use of sex robots equipped with artificial intelligence, capable of expressing personality. The greatest controversy concerns the possibility of simulating a rape on a woman-robot and undertaking sexual activities with dolls that look like children. The author cited the thesis indicating legitimacy of both the limitation and full admission of said objects for sale and use. The analysis concerns not only ethical but also psychological, social, and legal arguments.

Wyzwania systemu prawnego w kontekście diagnostyki preimplantacyjnej

Author(s): Grzegorz Budziszewski / Language(s): Polish Publication Year: 0

It is said that the intense development of genetics expands the boarders of modern medicine. All knowledge from the field of genetics has a great influence on the early stages of human life. A great number of recent innovative medical procedures, which originate from genetics, still require any legal regulation. One of the most important medical procedures, a preimplantation genetic diagnosis, can be treated as notable example here, even though the development of genetics offers a great opportunity for this procedure. Nowadays, however, we are facing the situation where legal mechanisms do not cover a preimplantation genetic diagnosis.

System dozoru elektronicznego – technologia w służbie publicznego ius puniendi

Author(s): Magdalena Gad / Language(s): Polish Publication Year: 0

New technologies develop very fast in almost every area of human life, including law. People have already accepted technology in civil law (connected to payments and deals) or in administrative law (e.g. in connection with offices), but there is also another branch that needs effective adaptation of technologies: executive law, which is focused on administering punishment, and administering punishment encroaches on the very basic constitutional laws, for instance, dignity and freedom. Electronic surveillance, which is the subjects of consideration in this article, could possibly become easier, more productive, and humanitarian form of executing prison sentences. So the question is, do we need technology in administering punishment, and is electronic surveillance really an institution of the future?

Handel algorytmiczny – zagadnienia prawne

Author(s): Jakub Piwowarczyk / Language(s): Polish Publication Year: 0

The main topic undertaken in the present article is the subject of algorithmic trading. Thus, the author is under an obligation to begin with a short outline of the history of stock exchange and financial markets’ computerization, paying most attention to the historical milestones like introducing DOT and SuperDOT to the New York Stock Exchange. Next, the author presents the controversies accompanying the attempts at defining the term in question – what algorithmic trading is in the strict sense and what are other iterations of the subject, such as high frequency trading, black box trading, or dark/black pools. It is also necessary to mention the emergence of a certain “arms race” between financial institutions and other agents involved in those markets that was caused by introduction of such technologies; and the consequence of this kind of escalation, namely, creation of increasingly complicated and independent algorithms.Latter part of the article is concerned with a more detailed presentation of the most common iteration of algorithmic trading – the high frequency trading, especially the dangers associated with assigning new roles to created algorithms, whose evolution fulfills preexisting market niches, while simultaneously creating spaces for new ones (e.g. quote staffing).Finally, the author focuses on the issue that involves the largest group of people (those completely uninvolved with the financial market as well), that is, the influence that the emergence of the algorithmic trading has had on the financial markets in general, based on the situation that occurred in 2010 – the “Flash Crash”, and the contrast occurring between the technological capabilities of the investors and the contemporary law, which caused a considerable obstacle in administrative reaction.

Zamiast zakończenia. O tym, dlaczego prawnicy nie są „bogami”…

Author(s): Sławomir Tkacz / Language(s): Polish Publication Year: 0