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Status prawny muzeów uczelnianych – problemy prawne i wyzwania praktyczne

Author(s): Maria Karcz-Kaczmarek / Language(s): Polish Issue: 104/2017

College (university) museums are organizational form of cultural activities. That kind of institutions– due to situating as part of the higher education institution – apart from basic aims of museums,such as accumulation and the permanent protection of goods of the natural and cultural legacymankindes are carrying out also additional tasks concerning the participation in the teaching, aswell as educational scientific activity. Generally applicable provisions don’t refer directly to issuesof college museums, these issues are regulating the articles of university statutes. Such a solutionconstitutes the respect for the autonomy of higher education institutions, as well as enables themto lead creative development policies. Creating college museums is a valuable form of improvingand making more appealing the scientific and teaching process.

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The Place of Theory of Law within the System of Jurisprudence

Author(s): Petr Kolman / Language(s): English Issue: 2/2011

The article has been written by a teacher of administrative law and administrative science at Masaryk University, Brno, Czech Republic. It focuses on the position of theory of law within the system of jurisprudence. Theory of law may be seen as the most general legal discipline dealing with what is beyond the scope of partial legal disciplines. A radical opponent could protest against the existence of legal theory, referring to a higher degree of effectiveness and rationality of jurisprudence, and argue that a number of tasks and technical problems could be solved by individual disciplines of law. The author, however, disagrees with such a view.

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Položaj arbitra u arbitražnom postupku - komparativno pravni pregled

Author(s): Marijana Dukić Mijatović / Language(s): Serbian Issue: 1/2011

In this paper, the author points out the importance of the quality of the arbitration trial, the fact that certainly affects the personality of the arbitrators themselves. In this work the author carried out a comparative review of legal solutions in the field of world legislators choice of arbitrators, their characteristics, powers and limitations in arbitration procedure and indicates in which direction it would be necessary to make the harmonization of national legislation, bearing in mind the current world standards set out in the field of arbitration law. By adopting modern laws, such as the Arbitration Law, as well as ratifying the major international conventions in this field have created the preconditions for better Arbitration trial with us, which leads to achieve greater legal certainty. Quality of the arbitration, with the theme of this aspect of the position of arbitrator in the arbitration proceedings are certainly as a direct implementation of the world's most important decision Convention, and harmonization with current international standards set in this field. The author concludes that it is necessary to continue the harmonization of national legislation, similar to the state with a rich tradition of arbitration, because the quality of arbitral awards in direct relation with personality caused and selected arbitrators and their position in the arbitration proceedings.

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Цензурата и пресата в Англия през XV-XVII век

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 5/2015

The article discusses that between 1476 and 1695 the British governments devised and used several means to limit or restrict the press in England. It notices that seditious libel laws were used to punish those who criticized the government or the Crown, and it did not matter whether the criticism was truthful or not. The press suffered under licensing laws.

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Формални стандарти в концепцията за върховенство на правото

Author(s): Denitza Toptchiyska / Language(s): Bulgarian Issue: 5/2015

The article analyses the formal standards in the concept of the rule of law. Their content is dynamic and is defined as a reflection of the main functions of law, namely guiding the behaviour of individuals and balancing of interests in the society. The aim of the research is to reach conclusions on the concretization of the standards in the context ofmodern legal theory and present social challenges.

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Prawo w systemie społecznym

Author(s): Tomasz Przesławski / Language(s): Polish Issue: 17-18/2017

The aim of this article is to present the legal order with reference to other, functioning in society patterns of behavior, which treated together constitute significant, normative elements, influencing one another, which are part of a broadly defined social system.

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O radości płynącej z ukarania przestępcy. Źródła i współczesność retrybutywizmu

Author(s): Michał Peno / Language(s): Polish Issue: 36/2017

The aim of the following article is an attempt at outlining the roots of relative punishment theories, initially attached to revenge. Revenge was to satisfy the specific needs of the community and the victims or their relatives, it was a reaction to anger (as an emotion). Revenge, surving the purpose of giving satisfaction from the fact of punishing, transformed into public criminal punishment. The image of the penalty as a source of feeling of justice (not justice itself, but the feeling of justice) is currently reinforced and used by mass culture, as well as politicians, using fear of crime and the emotions of anger due to injustice for pragmatic election goals. Therefore, essentially, punishment, as it seems, serves a function which was recognized and partially described by T. Honderich or J. Cottinghama – it is supposed to give satisfaction to the citizens due to punishing the criminal. Although such an approach seems to be a display of atavism, it quite accurately reflects the essence of punishment as the implementation of justice. Otherwise, in the understanding of value, this is not as far from modern utilitarianism as it may seem.

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Psychospołeczne zagrożenia w pracy funkcjonariuszy Służby Więziennej – przegląd literatury

Author(s): Magdalena Weber-Rajek,Ewa Sygit-Kowalska,Agnieszka Radzimińska,Roman Ossowski / Language(s): Polish Issue: 36/2017

Prison officers perform their professional duties under specific conditions. The data in the literature show that this professional group is particularly vulnerable to many mental and physical loads in the workplace. The aim of this article is to draw attention to the stress-inducing work environment prison officers. The issue made at work is important from the point of view of the diagnosis, the risk of developing occupational diseases and the key to health promotion in this occupational group.

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Wskazania aktualnej wiedzy medycznej w świetle odpowiedzialności karnej za błędy w sztuce lekarskiej

Author(s): Damian Wąsik / Language(s): Polish Issue: 36/2017

The condition for assigning criminal responsibility for committing a crime under Article 155 or 160 § 2 Polish Penal Code, widely recognized as medical malpractice, is unequivocally finding that the suspect culpably acted in contravention with the current medical standards. This term, although it is used in numerous acts of different rank, has not yet been legally defined. In practice, this causes significant problems of interpretation, in particular when trying to determine what is the real meaning and scope of the term “medical knowledge”, according to what criteria should be used to assess the “timeliness”, and finally, in which the correlation with each other “medical knowledge” and “legal knowledge“ in the area of health care. This publication attempts to answer these questions and reach conclusions that can be applied in assessing criminal law proceedings doctor.

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УЛОГА ПРАВОСУДНЕ АКАДЕМИЈЕ У ИЗБОРУ СУДИЈА И ЈАВНИХ ТУЖИЛАЦА У ДРЖАВАМА У ОКРУЖЕЊУ

Author(s): Milorad Debeljački / Language(s): Serbian Issue: 2/2015

From January the first 2010, work of Judicial Academy has begun, thus completing the process of creating a modern system of education for judges and public prosecutors. The Judicial Academy has been established in order to provide professional, independent, impartial and efficient performance of judicial and public prosecutorial functions and efficient discharge of court and public prosecutorial staff. Its main function is training of judicial office holders, which can be the initial and continuous. Analysis of the current situation indicated the existence of a need for further improving the functioning of the Judicial Academy. In order to achieve this objective this comparative analysis has been completed, which gives an overview of regulation of the status and role of the Judicial Academy in the process of appointment to judicial and public prosecution office, in the surrounding countries. Comparative review indicates the best practices that can serve as a guideline or model for further improvement of the Judicial Academy in the Republic of Serbia.

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УЛОГА ПОРОТЕ У ФРАНЦУСКОМ КРИВИЧНОМ ПОСТУПКУ

Author(s): Dragana Čvorović,Veljko Turanjanin / Language(s): Serbian Issue: 1/2015

End of the XX century showed that almost all European countries have failed in the suppression of the crime. As a result, they began to seek new legal institutes to establish new mechanisms for efficient resolution of criminal cases. First of all, they stand out plea agreement, which in some countries inevitably follows the system of real jury trial. Among them, France stands out as a country with a long tradition of citizens’ participation in criminal proceedings. Specifically, in this country jury trial takes place more than two hundred years, and was created on the model of English jury. However, almost immediately began the process of separating and distinguishing jury trials in these geographically close states. As it is case today, it is almost impossible to take a legal institute from one state and implement it in the legislation of another state in the same form. So, the English type of jury underwent to the adjustments to the French criminal procedure. That is the best illustrated with the numerous legislative acts adopted in the meantime, through which the jury experienced constant transformation. Since it is one of the oldest jury systems in the world, the author paid the attention to it in this work. The author deals with several units and after the introduction remarks he will explain the position and the role of lay judges in criminal proceedings. Then, he gives a cross-section of their position through the development of this type of trial. After that, he analyzes a jury according to positive French law. Also, throughout the paper provides a comparative analysis of some elements of this type of trial, and on the end he gives a concluding remarks.

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LEGAL CULTURE IN CONTEMPORARY SERBIA: STRUCTURAL ANALYSIS OF ATTITUDES TOWARDS THE RULE OF LAW

Author(s): Danilo Vuković,Slobodan P. Cvejić / Language(s): English Issue: 3/2014

The article analyzes the support for the rule of law among Serbian citizens. The research data show that support for the rule of law depends on the structural socio-economic position of respondents and their position on the transition winnersand- losers scale i.e., the level of fulfilment of their interests in the new system. There is differentiation among better educated respondents. Those who benefited from the new system recognize the importance of the rule of law. Others, due to their knowledge and understanding of the functioning of the system, are more disappointed and more critical towards it.

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О ПРАВНОЈ ПРИРОДИ НАЦИОНАЛНИХ САВЕТА НАЦИОНАЛНИХ МАЊИНА

Author(s): Miodrag Jovanović / Language(s): Serbian Issue: 2/2013

Да би се ушло у расправу о уставности појединих решења из Закона о националним саветима националних мањина (Службени гласник РС, бр. 72/09), чини се упутним да се у претходном кораку размотри њихова правна природа. Најпре је могуће приметити да је ово тело основано на основу уставне одредбе члана 75 тачније, након навођења у ставу 1 да се припадницима националних мањина јемче и „додатна, индивидуална или колективна права“, те да се она прва остварују појединачно, а ова потоња „у заједници са другима“, у ставу 2 се каже да се поједина колективна права мањина могу вршити како непосредно, тако и преко „представника“.

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ПРОБЛЕМ ОДРЕЂИВАЊА САДРЖИНЕ „НАЈБОЉЕГ ИНТЕРЕСА ДЕТЕТА

Author(s): Veljko Vlašković / Language(s): Serbian Issue: 1/2012

“The best interests of the child” notion is one of the most significant legal principles in the contemporary national legal systems, as well as in the international law, particularly due to its wide application. That legal standard is „uncrowned ruler“ of all provisions regulating the relationships concerning children, and the main criterium for reaching any decision influencing them directly or indirectly. However, when this noble goal is transferred to the field of interpretation in legal practice the problem of its not completely clear contents arises. The author analyses different approaches and means that can ease the difficulty, since it is not possible to solve it definitely. The problem of “the child’s best interests” is particularly analysed in the context of Serbian legal system which, in the absence of defined cultural model, reaches for the solutions given in the British legislation. The Preliminary draft of the Law on the Rights of the Child of 2011, in suggesting “the best interests of the child” contents, mainly follows the English Children Act (1989) solutions, combined with impact of certain influential legal theories. The author argues that the mentioned concept should include collective social and cultural values. He also advocates that different criteria should be ranked within its content, so that protection of life, health and security of the child should be the principal ones.

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СТАТУС И ПЕРСПЕКТИВЕ СОЦИОЛОГИЈЕ ПРАВА

Author(s): Biljana Ratković Njegovan / Language(s): Serbian Issue: 130/2010

Review of: Miloš Marjanović „Sociologija prava“; Novi Sad: Faculty of Law, 2009 by: Biljana Ratković Njegovan

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ПРАВО У КЊИГАМА, ЗАКОНУ И СТВАРНОСТИ: УПОРЕДНОПРАВНИ ПОГЛЕД

Author(s): Alan Watson / Language(s): Serbian Issue: 2/2007

I consider myself a comparative legal historian and range widely over time and space. My interest is in private law. My general conclusions, developed over years, on law in society are three and are interconnected and are as follows. First Conclusion: Governments are not much interested in developing law especially not private law. They generally leave this to subordinate law makers to whom, however, they do not grant power to make law. Second Conclusion: Even when famous legislators emerge, they are seldom much interested in inserting a particular social message or even certainty into their laws.

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УСКЛАЂИВАЊЕ ПРАВА У ПРОЦЕСУ ГЛОБАЛИЗАЦИЈЕ

Author(s): Dušan Dabović / Language(s): Serbian Issue: 1/2008

This article explores factors of harmonization of law in the process of globalization, as well as the effects that this global phenomenon initiates in receptor’s society, especially in relation to developed and developing countries. Harmonization of law in the process of globalization (or legal globalization) is the integral part of the globalization process in social area, and it occurs by means of legal reception. The most important social factors of the process is the accelerated development of technology, as well as the economical, political and cultural factors. The essential subjective factors of legal globalization are the „new world order project“, legal technical assistance, and legal profession. Legal globalization concurrently stimulates positive and negative effects on recipient’s society, but negative effects are mostly caused by discrepancy between developed and developing countries.

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УПРАВНA И УПРАВНО-СУДСКА ЗАШТИТА ПРАВА НА УЧЕШЋЕ ЈАВНОСТИ У СТВАРИМА ОД ЗНАЧАЈА ЗА ЖИВОТНУ СРЕДИНУ У СРБИЈИ

Author(s): Stevan Lilić,Mirjana Drenovak-Ivanović / Language(s): Serbian Issue: 1/2009

The ideas of environmental and social justice imply the possibility of efficient access to administrative and judicial legal remedies in the field of health and environmental protection. The authors examine administrative and administrative-judicial legal protection of public participation in the matters of environmental protection in Serbia, and conclude that current European tendencies are not accepted to the full extent – both in Serbian legislation and in practice. The necessity of reliable legal protection and access to justice in environmental matters in Serbia – and especially the need for protection of the right to public participation in environmental matters – call for ratification of the Aarhus Convention, and for harmonizing Serbian law with it.

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SOME PARADIGMS OF REGULATION OF RISKS TO SOCIETY

Author(s): Tatjana Jovanić / Language(s): English Issue: 3/2010

Regulation of risks to society is one of the most important spheres of action of a modern state, and an important theme in discussions about the role of the state and public administration. The author attempted to identify several paradigms underlying risk regulation by pointing to socio-legal challenges for risk regulation in the era of regulatory capitalism. Risk regulation is a multidisciplinary issue, and legal aspects are not the only source of concern. The study of law in the governance of risk highlights the need for a critical and conceptual approach to risk governance. Each paradigm may have an impact on legal issues in technological risk regulation, and their better understanding should lead to a better understanding of the role of law in the process of risk regulation. Being focused on paradigms as generalisations, this article has been largely cast at a conceptual level; empirical conclusions mostly remained out of its sphere.

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CONTEMPORARY MULTIDISCIPLINARY LEGAL THEORIES AND THE “WORLD STATE”

Author(s): Gordana Vukadinović,Dragan Mitrović / Language(s): English Issue: 3/2009

The scientific nature of a theory or theories is tested for very different reasons, such as insufficiently developed methodological apparatus, obvious partiality and insufficiency, small probability, ethical unacceptability of the results, etc. The latest theories represent a special object of attention. Since there is a large number of various multidisciplinary legal theories today, only those most intriguing ones will be presented and commented upon, those that are used in order to communicate results that compel serious questioning of their scientific value or point at the goals which are contained in their deeper layers as less noticeable or undisclosed.

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