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Lookimg for an answer to the question whether we want legal drugs, first we should deepen understanding what a drug is, how it acts, what kind of influence oh human has? To answer the title question the author has divided the article into four chapters.
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Ocjene stanja ljudskih prava u Crnoj Gori se kreću od onih da je Crna Gora napravila značajan pomak u ovoj oblasti (pojedini izvještaji međunarodnih organizacija) do onih koji uočavaju da nema pojava masovnog i sistematskog kršenja ljudskih prava, ali ima pojedinačnih slučajeva koji mogu biti zabrinjavajući i koji zahtijevaju brzu i efikasnu reakciju kako bi se zaustavio negativan trend. S druge strane, ljudska prava su neraskidivo vezana i nezamisliva bez demokratskog političkog okvira, bez vladavine prava, pravne (pa i socijalne) sigurnosti i bez funkcionisanja nezavisnog sudstva. Naravno, demokratski okvir podrazumijeva i podjelu vlasti, postojanje nezavisnih institucija, medija, strukovnih udruženja, sindikata, nevladinih organizacija i dr.
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Preliminary agreements play an important role in the practice of both state and international trade. These are agreements in which one of the parties or both parties commit to conclude any other agreement named a final agreement. According to a prevailing opinion in Poland a preliminary agreement may oblige to conclude not only an obligation agreement but also other agreements (e.g. inheritance division agreement). Establishing the law applicable for a preliminary agreement shall take place in accordance with the instructions arising from Rome I Regulation. Under Article 3 of the Regulation the law applicable shall be chosen by the parties to the preliminary agreement. If the law applicable has not been chosen, it shall be determined pursuant to Article 4, Paragraphs 2—4 of the Regulation. Article 4, Paragraph 2 shall be applied while determining the law applicable for a preliminary unilaterally obliging agreement. Under the paragraph, the law applicable shall be the law of the country where the party obliged to conclude the preliminary agreement has his habitual residence. The result may be corrected under Article 4, Paragraph 3 of the Regulation. In search of the law applicable for a preliminary bilaterally binding agreement Article 4, Paragraph 4 of the Regulation shall apply. We shall search for the law of the country with which the preliminary contract, considering all other circumstances, is most closely connected. Admissibility of the preliminary contract shall be assessed by the law applicable to it. However, admissibility of preceding a specific agreement by a preliminary agreement shall be assessed in accordance with the law applicable for the future agreement (final agreement).
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This paper discusses the closest connection as a relationship resembling the function in mathematics. Firstly, it is the relationship between a legal issue ant the law applicable to that issue. Secondly, the closest connection determines also the way, how legal issues are defined. It means, that the closest connection constitutes relationship between the factual matrix of the case and the legal issues resulting thereof. Thirdly, the appropriate provisions of the applicable law are also determined on the basis of the closest connection. Accordingly, the case should be decided by these rules of the applicable law, which cover the factual matrix of that case with their scope of application, notwithstanding the qualification assumed by the applicable law. In this way the rules, which have the closest connection to the case will come into operation. In the nutshell, the closest connection joins factual and legal elements.Another problem discussed in this paper is the attempt of description of the closestconnection. It has been done by the analysis of the interplay of the four fundamentalprinciples of the private international law: the closest connection, predictability, partyautonomy and the protection of the weaker party. It has been shown, that the closestconnection is always a starting point, however usually not the final goal of the privateinternational law.
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The laity, however, are given this special vocation, that is, to make the Churchpresent and fruitful in those places and circumstances where it is only through them that shecan become the salt of the earth. Thus, every lay person, through those gifts given to him, is atonce the witness and the living instrument of the mission of the Church itself “according to the measure of Christ’s bestowal” (Eph. 4: 7) (Lumen Gentium, 33).
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Pitanje je, dakle, da li se dejtonski ustavni model može univerzalizirati do pravila prema kojem bi se reagiralo na slične konstelacije, naime, da li je internacionalno ugovaranje nacionalnog ustava primjenjiv odgovor na konfliktne situacije u kojima se velikodržavnim politikama i etnički motiviranim konfliktima dovodi u pitanje jedna, po sebi, perspektivna državna zajednica. Odgovor je nakon trinaestogodišnjeg eksperimentiranja sa entitetskom strukturom, sa konstituvnim narodima i njihovim partijama, sa uspostavljanjem savezne državnosti i federalizma na neprirodnim premisama, bez historijskih pretpostavki, sa uništavanjem građanske strukture i internacinalnom birokracijom koja čuva status quo nedvosmisen: ustavni model se mora mijenjati, bosanski slučaj nije poopćiv! Ali, ovakav nalaz tek otvara novi problem: da li se model može popraviti izmjenama pojedinačnih ustavni normi, novim formulacijama, odnosno, manjim organizacionopravnim intervencijama, ili je on do te mjere inkopatibilan sa razvojem prosperitetne zajednice da se mora zamijeniti sasvim novim modelom.
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Author of the paper analyzes the critical access issues and perspectives of science education system with special emphasis on the Faculty of Law, as well as the personnel policy in the judiciary and in the universities in the Republic of Serbia. In this connection, the author points out problems that arise in the design and implementation of curricula of law schools, insisting on application skills, a larger number of hours of practical training and mandatory cooperation between law schools with the courts, prosecution, companies and similar institutions. In the second part, the author deals with the issue of personnel policy in the judicial system of the Republic of Serbia. Accordingly the author gives suggestions for solving numerous problems which were pointed out in the paper.
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30. i 31. oktobra 2015. godine na Kopaoniku, u organizaciji Departmana za pravne nauke Univerziteta u Novom Pazaru održana je međunarodna naučno-stručna konferencija na temu „Savremene tendencije u obrazovanju budućih pravnika“. Ovo je peta međunarodna-naučno stručna konferencija koja je održana u organizaciji Departmana za pravne nauke UNINP-a. Na konferenciji je uzelo učešće četrdeset i dva izlagača iz zemlje i inostranstva. Konferencija je imala za cilj da se razmotre mogućnosti osavremenjavanja i unapređivanja studijskih programa pravnih fakulteta kako bi budući pravnici mogli što adekvatnije da odgovore zahtjevima pravničke profesije i tržišta rada uopšte. Na otvaranju konferencije pristutnima se obratio Doc. dr Aleksandar R. Ivanović, Rukovodilac departmana za pravne nauke, koji je tom prilikom poželio dobrodošlicu i sretan rad svim učesnicima konferencije. Nakon toga usljedilo je svečano potpisivanje ugovora o saradnji između Departmana za pravne nauke UNINP-a i Fakulteta pravnih nauka Univerziteta za poslovne studije iz Banja Luke. Ispred Fakulteta pravnih nauka UPS-a prisutnima se obratio prof. dr Mile Matijević koji je ukazao na značaj umrežavanja fakulteta na prostoru bivše Jugoslavije, a zatim je prisutne upoznao i sa konkretnim aktivnostima koje se u okviru saradnje ova dva fakuleta odvijaju već nekoliko godina.
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Legal and police profession is delicate and highly demanding, related to doing jobs within the domain of executive authority, and therefore has specific characteristics of political, economic, legal and security system of a state. However, due to the process of globalization, abolition of borders and formation of European zone of higher education, law faculties on one, and police educational institutions on the other side, are faced with a task of harmonization of curriculums, educational process and its outcome. This paper deals with analysis of presence of police and related sciences in the curriculums and syllabuses of certain European law faculties and police educational institutions, analysis of educational process, and also it attempts to determine if there are certain law standards in the educational system dealing with police jobs or they are general standards i.e. accepted good practice.
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Education in the field interior ministry which is in the strict center terms refers to education in police structures, is a complex dimension which requires access to life have outgrown interactive relations between lecturers and listeners. Modern education approach aims to eliminate classical methods of transferring knowledge from the lecturers to his listeners, especially in the police education where such a mode is going exclusively with adults.In the modern police education officers but and those who want to become police officers, represented the andragogical police education concept. He includes education and professional development training in mind. Be a coach in this sense represents a real challenge for police officers, or potential police officers, and for the instructors, or coach.In the context mentioned above this work will include andragogical access to police education, and in the police through the prism facilitation and andragogy area in the police education.
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The author emphasizes the need to innovate and adapt to the educational model the actual (real) needs of society as a function of the overall progress of science and profession, with particular reference to criminal scientific field. The general trend of improving the existing model of education is the platform to achieve the required level of competence of future lawyers as the holder of a very important function in society. Also, the author is trying to divert the attention of the scientific and professional public on the need for cohesion and synergy between theory and practice when creating educational model, taking into account specific social condition, specifics and circumstances as well as the elimination of existing defects or anomalies. In this context the field of criminal law is a particularly important area that has a direct impact on the creation of the necessary preconditions for the protection of goods and values, and overall social environment as a basis for other human activities. Science criminal law in this segment deserves special attention, starting from the fact that each society and the state must ensure the protection of basic human values and resources of each individual.
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Autor naglašava da politički obziri kao svepsrisutni, ne smiju nadvladati razloge postojanja i funkcioniranja dobre uprave.The author of this paper deals with the presentation of the application contemporary model of policing, its role as a response to modern security challenges and threats, and on the other hand, the possibilities of abuse, either by the system, and the individual or group. The necessity of application of more modern models, and the risk of human rights violations registered the problem in which the author wishes to point out, especially in terms of the politicization of the police and intelligence apparatus, which can imply a categorical compromising the privacy interests of certain social groups, among which can be targeted by people, whose general civic, religious, political or other determinations was "undesirable" by the majority or a particular interest group. The sociological aspect of the application and monitoring of the work of contemporary model requires serious application and emphasis on the importance of the code of ethics by which objectives are to be determined in the personnel policy of persons entrusted with tasks strictly confidential and de-politicization of state institutions of this type.The author points out that the personnel policy that is politically motivated in administration of these institutions is carried abuse, by collective interests, replaces the narrow interests being adversely affected by two fundamental principles: deprofessionalize administration and performs endangering civil and human rights. The author stresses that political considerations as all present shall not prevail against the grounds of the existence and functioning of good governance.
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Constitutional model is a broad concept combining different political and legal aspects, among whichtwo main aspects (namely negative and positive ones) can be distinguished. The constitutional lawgiveravoids negative models, bearing in mind bad experiences of its own country and/or other countries,and at the same time willingly draws inspiration from positive model. It should be noted that,in this context, three models may be used, a systemic model which involves the reception of the entiretyof values and constitutional arrangements (both formal (in book), contained in the provisionsof law, and actual (in action), arising out of political practice), or institutional, referring to one ormore specifi ed institutions in the country, and political, which shows the standards of behavior inspecifi c situations of political life. The author characterizes each of these models using the examplesof system of government existing in constitutional modern states.
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At the opening of this paper the authors offer analysis of the notion of individual freedoms that they will later deal with, and define a thesis we defend in the present paper. The thesis states that the law is a sublime human idea that cannot be substituted by other means of social control nor could issues and relations that are regulated by the law be resolved with unconstrained actions of an individual. Starting from the premise that the law is a ‘kingdom of individual freedoms’, the authors first state objections that may be raised against such premise only to later try to reject such thesis by the strength of arguments offered. In the passages that follow the authors develop the above stated position by examining the relationship between the legal order and the force by which such order is being enforced. Having that in mind, the authors conclude that the ‘power that is associated with the law and that sees that the law is respected’ could be called the ‘power of law’. This power, representing only the potential coercion, guards the law as a system of values that corresponds to socio-ethical norms and that is used for ‘peaceful settlement of disputes’. In the end the authors speculate with what would happen if the law and its inherent power did not exist. They conclude that such state of being would necessarily lead to an absolute absence of freedom. For this reason, in the opinion of the authors, the only way out is to have the law, as a source of the only, although relative, individual freedom. Provided, of course that we speak of the true law. Only than is the law a true source of the authority without which there is no freedom as the ‘freedom is fulfilled and real only if there is the authority to be followed’.
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Freedom of conscience and religion also applies to conflicts in the workplace. In the Federal Republicof Germany and the U.S. legislation and the jurisprudence have developed certain standards ofconduct in such cases. In the German system, the issue of conscience in the workplace is governedby the principle of pacta sunt servanda (agreements must be kept) enshrined in the Civil Code (BGB).In the United States the freedom of conscience and religion is guaranteed by the provisionsof Title VII of the Civil Rights Act l964. In such cases, the duty of the employer is to examine theconfl icting interests of employer and employee, and to consider whether the resulting confl ict can beresolved without harm to the company. Such conflicts usually occur when the time of work coincideswith e.g. the time of prayer or religious holidays of the employee. In such a situation, the employeris obliged to examine and change the workplace organization, so as to enable the employee to carryout his/her obligations under religious law. Only when it is impossible to reconcile the confl ictinginterests of the employee and the employer, that the interest of the employer prevails over the interestof the employee. In Germany and the United States courts in their judgments have developed preciserules for the interpretation of freedom of conscience and religion under labour law, having regardto the rights of the employee and the employer’s interest. These judgments have become thebenchmark for resolving disputes arising out of violations of freedom of conscience, religion orbelief, and may also affect the legislation of other countries.
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On 26 June 2013, the Federal Supreme Court of the United States released a judgment in the United States v. Windsor, in which it challenged the constitutionality of the defi nition of marriage under federal law. In reasons for its decision, the Court confi rmed the unfounded exclusion of samesex marriages, concluded under state law, from access to entitlements associated with the institution of marriage. Making its decision the court applied a rational basis review, one of the three standard test in the review of the constitutionality of legislative interference with individual rights in the United States. The author provides a reconstruction of the content of public interest associated with the institution of marriage, and acquaint the Polish reader with the controversies associated with the application of rational basis review by the U.S. judiciary in matters concerning the rights of homosexuals.
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The paper presents the interpretation of grounds for repealing a resolution of a capital company (private and public limited) in the event of a conflict between such resolution and the company’s articles of association (statue), good practice, or when the intent of the resolution is contrary to the company’s interests or to the detriment of a shareholder,based on the views of representative legal doctrine and court rulings. These opinions are then confronted with views presented by legal theorists as well as the developments and changes of their interpretation in selected jurisdictions.
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The study aims at an analysis of legal protection of French culinary recipes. While the French-style gastronomic meal has been listed in the Cultural Immaterial World Heritage of UNESCO, the situation of the recipes in French law can be regarded as a matter of great importance. The presented study aims at examining the problem of whether the French legal rules for intellectual property protect recipes and culinary creations and are focused on the author’s copyright to the recipes. Patents, industrial designs or trademarks are not suited to providing culinary recipe protection. The secrets and know-how seem to be protected but only after the fact. As for the author’s rights, the recipe is merely treated as a work of literature.
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Application of public law and private law by state administration and state legal entities. The division of public law is often conducted on the basis of subjective criteria. However, from many legal regulations arises the necessity, or even the indispensability, to combine public and private law. An example of this can be expropriation proceedings, which have been regulated in the Real Estate Management Act dated 21st August 1997 in Arts. 112–127. On the one hand, an administrative body issues the decision about expropriation as an act of public legal authority, on the other hand, it applies private law during the stage preceding the issuing of decision, i.e. during negotiations. In contrast, entities such as the National Health Fund (NFZ), which is not a state administrative body within the governing system understanding, by virtue of specific regulations is authorized to issue decisions by its Chairman and branch directors. In view of the above examples, it should be concluded that the division of law into public law and private law on the basis of subjective criteria is not appropriate.
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