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Unlike the sentencing policy of the legislature for certain criminal offences, which is mostly known only to legal professionals, the sentencing policies of courts are known to the general public and serve as the basis for their impressions about how effectively the public good is being protected. Therefore, it is extremely important for judges to recognize not only special prevention requirements but also general prevention requirements at the sentencing stage in crimes of sexual violence, so that the imposed sanctions affect not only the perpetrators and act as a deterrent from future criminal acts but send a message to all other potential perpetrators of sexual offences, too. Such an approach to the purpose of sentencing requires maximum engagement by courts in the sentencing process, in order to determine optimal sanctions based on existing aggravating and mitigating factors. Any imposed sanction should fulfil both justice and fairness requirements and should adequately satisfy the victim.
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Osim Zakonom o ravnopravnosti spolova, seksualno uznemiravanje je definirano kao poseban oblik diskriminacije i Zakonom o zabrani diskriminacije kao i zakonima koji uređuju radne odnose. Ovim propisima je uređena zaštita od diskriminacije u okviru parničnog postupka te će se u ovom dijelu dati osnovna obilježja i specifičnosti razmatranja ovih predmeta u parničnom postupku.
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Često se u javnosti poglavlje 23 – Pravosuđe i temeljna prava i poglavlje 24 – Pravda, sloboda i bezbijednost poistovjećuju, ali se oni sadržajno razlikuju iako ima preklapanja u jednom dijelu. Kao posljedicu imamo mišljenje da je borba protiv organizovanog kriminala primarno u poglavlju 23, a činjenica je da će od rezultata u oblasti borbe protiv organizovanog kriminala bitno zavisiti sudbina i zatvaranje poglavlja 24. Hrvatski slučaj predstavlja slikovit i konkretan primjer.
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The citizen, in a democratic state, has assumed duties and freedoms guaranteed by the state, equal for all citizens. The two notions are not in the same plan and do not have the same content. Human rights are a minimum of prerogatives necessary for human self-determination, while public rights and freedoms are prerogatives that ensure the security of the individual and his protection, they being his true claims on society. A human activity is legally free, to a greater or lesser extent, in a hierarchical system: there are, however, totally forbidden acts (crime, violence, destruction, etc.); there are acts or actions permitted under certain conditions, for example, obtaining an authorization from the competent authorities; and there are acts / actions allowed, free, but in compliance with state laws. Therefore, some of them may be banned altogether, and this may be legitimate depending on the purpose pursued - for example, to uphold the rights, freedoms or dignity of others. Public freedoms are not absolute. Everyone's freedom must respect the other's, and any form of freedom is limited by a legal system (even in states with liberal regimes).
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The disruption caused by the COVID-19 pandemic is unique and cannot be compared to other crises in recent years. The Covid-19 pandemic has not succeeded in reducing drug trafficking in our country. As always, traffickers resorted to new methods to distribute their wares. Drug users also changed their behavior. Therefore, the pandemic restrictions did not significantly change the drug market in Romania, nor the consumption habits of drug users or drug addicts.
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This paper is a continuation of a similar paper presented at the same scientific event last year, but with new and updated information. As a result of the health crisis, specialized authorities have been taken measures concerning the execution of sentences and educational measures depriving of liberty, respectively at the level of the Romanian penitentiary system. The information was obtained by accessing the websites of some penitentiary units, but also by conducting online interviews with various representatives appointed by several units within our penitentiary system. Additionally, I have also integrated answers received from the National Administration of Penitentiaries, following an official address sent in this regard.
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It is more and more pragmatic the fact that, in the near future, both explanations and the form of the concept of national security will have to adapt to the model of responding to the need to guarantee the enforcement of law, the rule of law and social security, especially the part concerning the normative architecture with regard to the asymmetric and hybrid parts of the future concepts of risk and threat that society will have to accept and face. The challenges to which the world has been subjected for the last two years are raising a red flag, emphasizing the need for a change of view but also for a closer coollaboration between institutinos, at the level of the defense system, public order and national security, able to react effectively to the wide range of dangers, including the Covid-19 pandemic. The last two years of pandemic have impacted the whole world, so that both the law, through the existing systems, and the various concepts of national security, have reacted to this form of social imbalance. The article tries to capture the impact of the pandemic, the reactions related to the behavior and attitude of the individual, from the perspective of extremist-terrorist beliefs, with an impact on the processes generating criminal activities, in the interaction between the groups and individual entities in the society. Equally, the text will aim to highlight the social impact, of a complex and diffuse nature, as well as the evolution recorded at the level of the phenomena of radicalization and extremism, together with the influences on society, in the short and medium term.
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Terrorism, as one of the most serious types of crime, has been part of the criminal legislation norms for many years. Nevertheless, its escalation in the last 30 years has had an international impact on this phenomenon. It seems that terrorism is most dealt with in international law. This has led to the strengthening of criminal repression (prescribing stricter penalties) and an increase in the number of terrorist acts. As a result, in Bosnia and Herzegovina these acts are systemized as crimes against humanity and other values protected by international law, and are punishable by a maximum sentence (long-term imprisonment). Besides basic terrorist acts, a new form of terrorist activity, terrorism financing, was introduced in 2003 and four more types in 2010, public incitement to terrorist activities, terrorist recruitment, training for terrorist activities and organization of terrorist groups. Then, in 2014 participation of Bosnia and Herzegovina citizens in foreign terrorist activities was incriminated as a crime of illegal formation and joining of foreign paramilitary and para-police formations. In addition, there were more opportunities for effective evidence collection for these crimes through special investigative measures and financial investigations, as well as prevention of money laundering and terrorism financing. Therefore, it is clear that the legislator used the criminal law norms to improve the framework of terrorism response, which represents an evident threat and a form of security endangerment. On the other hand, there is the issue of the efficacy of the above mentioned criminal framework and how realistic its domains are when it comes to the fight against terrorism. For instance, if we consider the norms concerning public incitement to terrorism or terrorist recruitment, we will encounter problems which are already evident when it comes to complicity in criminal law. Likewise, there are many difficulties in proving one’s terrorist activities abroad (e.g. foreign terrorist fighters). This paper provides an overview of some of the abovementioned challenges of modern criminal legislation in dealing with this issue.
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The Czech legislation recognises certain types of “environmental liability”, including the obligations from various fields of law – a special obligation to prevent and remedy environmental damage, and administrative, criminal, and civil law liabilities. Unlike in case of share deals, where the liability remains with the acquired company, in case of asset deals the transfer of environmental liability depends on more factors, such as the type of liability and specific circumstances under which the liability originated. Both the seller and the purchaser may aim to minimize the impacts of threatening environmental liability by various contractual instruments. The paper deals with the contractual risk allocation for both parties of an asset deal, including the analysis of the environmental liability under the Czech law, and specific legal instruments of risk allocation, such as indemnifications, representations and warranties, or deferred payment of purchase price.
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Interview with Irena Antić
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Interview with Vanessa Vasić-Janeković
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One of the basic characteristics and needs of modern society is represented by information and communication technologies and within them artificial intelligence. Due to the increasing use and importance of artificial intelligence, the author analyzed the legal framework for the application of artificial intelligence. The main intention of the author is, with the help of the analytical method, to convey the theoretical and legal determinations that are present during fifty years of research and dealing with issues in the field of artificial intelligence, knowledge and correct reasoning. By pointing out the importance of the future application of artificial intelligence, which represents a strategic point and the driver of efficient business in numerous European countries, including Serbia, as a result, the author points to the ever-increasing need and importance of its application, as well as the legal regulation of the application of artificial intelligence. The goal of the article is to point out the importance of future research on artificial intelligence in various areas of law, all with the aim of legal regulation of the application of artificial intelligence in the judiciary, which has the potential to represent a technology of general application in the future.
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Cryptocurrencies were initially regarded as a technological curiosity and a way to put into practice the principles of the libertarian ideology. A decade later from the emergence of the first cryptocurrency, they have slowly made their way in many aspects of the real world and have been widely embraced, for legitimate or illicit purposes. Consequently, cryptocurrencies now have a variety of security implications, at national and even global scale. These implications derive first of all from their use for illegal activities (from terrorism to money laundering and financing the activities of organized crime networks), but also from their legal use, through their influence on the financial sector, on a country’s monetary policy or through private initiatives such as the Libra project initiated by Facebook. The purpose of this paper is to analyse these security implications and the measures that states can take to mitigate their negative impact.
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This paper aims to gather complete information needed for a retailer running an e-commerce website, with the intention of presenting some of the most common cyber security threats, such as malware, ransomware, SQL injection, and phishing, as well as ways to prevent them from happening and ways to manage the aftermath of a full-scale attack being carried out. Some best practices will be noted as a process that should always be considered when setting up an e-commerce business, and a risk management strategy will be outlined. An analysis will be performed on a data breach with one of the biggest number of victims in the last decade, which affected the Microsoft Exchange Servers.
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In the hidden depths of covert operations and clandestine dealings, the sinew of currency entwines in a sinister ballet, fueling the malevolent fires of terrorism, bestowing upon it the means to unleash havoc and anguish upon unsuspecting souls. Within the intricate web of the global economy, the haunting specter of terrorist financing looms large, its tendrils entangling a labyrinthine network of cartels funding jihadist endeavors, all entwined within the ideological struggle between material wealth and religious fervor. The aim of this study is to delve into the intricate layers of terrorist financing. The first layer involves conducting a literature review focusing on the 2000s, providing insights into the subject. Moving on to the second layer, a behavioral analysis of terrorist financiers is presented, highlighting the formation of alliances between terrorists and financiers. The third layer examines the utilization of advanced technology and intelligent materials in combating the issue of terrorist financing. Finally, the research concludes with an overview of the challenges posed by the influence of the black economy in a globalized world.
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Separatism represents one of the most complex problems faced by the young countries that appeared on the world map after the collapse of the USSR, creating serious impediments to their development as independent and sovereign states. The establishment of criminal liability for the crime of separatism in the criminal legislation of the Republic of Moldova has generated multiple discussions and contradictory reactions on a national and international level. In this work, the author approaches separatism from the perspective of the science of criminal law by highlighting the socio-political premises that substantiated the necessity of the legislator’s intervention in the sense of criminalizing the phenomenon in the criminal law. At the same time, the constitutive elements of the crime of separatism are characterized through the interpretation of the incriminating headquarters located in art. 3401 of the Criminal Code of the Republic of Moldova, indispensable condition for a good understanding and application of the rule in strict accordance with the legality of the crime.
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Nasilje nad ženama kao društveni problem, star koliko i samo društvo, proizašao je iz osnova socijalne strukture utemeljene na polugama patrijarhata. Analiza društveno-istorijskih okvira u Crnoj Gori pokazuje da nasilje nad ženama donedavno nije shvaćeno kao problem koji treba rješavati, jer u našoj patrijarhalnoj kulturi vladaju duboko ukorijenjeni stereotipi o rodnim ulogama koji direktno izražavaju autoritet muškaraca nad ženama. Iako prilično zadovoljavajuć pravni okvir, s izvjesnim propustima i prostorima za poboljšanje, problem nasilja nad ženama zadržao se i do danas. Istraživanja govore u prilog rodno zasnovanom nasilju, seksualnom nasilju nad ženama, diskriminaciji žena i nejednakim uslovima u različitim sferama života, brojnim mizoginim i seksističkim komentarima s kojima se svakodnevno susreću žene u crnogorskom društvu, te femicidima kao najdrastičnijim produktima nasilja nad ženama i narušenih odnosa moći između polova. Cilj ovoga rada je da prikaže kako su stereotipi o rodnim ulogama, patrijarhalno nasljeđe i drugi kulturni i društveni postulati, utičući i na pravno uređenje države, kreirali pogodnu klimu za stvaranje i održavanje u životu problema nasilja nad ženama do danas.
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Poslednjih godina nekoliko visokoobrazovnih ustanova u Republici Srbiji izradilo je i usvojilo pravilnike za zaštitu od seksualnog uznemiravanja i ucenjivanja. Svrha ovog rada je da ukaže na sporna rešenja i predstavi ona koja bi mogla doprineti efikasnijoj zaštiti od ove vrste nasilja. U radu je dat kratak prikaz zakonske i interne regulative i izvršena je uporedna analiza nekih od ključnih odredbi pravilnika sa fakulteta Univerziteta u Beogradu i Univerziteta umetnosti u Beogradu, te analiza tercijernih podataka o njihovoj primeni i efektima. Rezultati ukazuju na izazove poput obaveznog sprovođenja posredovanja, neodgovarajućih rokova za prijavu dela, uslove za izbor lica koja učestvuju u postupcima zaštite, rešavanje pitanja poverljivosti i zaštite ličnih podataka, definicije “lažnog prijavljivanja” te skromnih rešenja za preventivne, informativne i edukativne aktivnosti, što sve potencijalno odvraća od prijavljivanja dela. To je uslovilo rad na revizijama dokumenata i prilagođavanja praktičnim potrebama i okolnostima u kojima deluju fakulteti. Unapređenje mehanizma za prevenciju i zaštitu od seksualnog uznemiravanja na fakultetima podrazumevalo bi jačanje znanja i kapaciteta zaposlenih i studenata/studentkinja za prepoznavanje pojave, jasnije obaveze fakulteta u vezi s edukacijom i prevencijom, veću dostupnost informacija o procedurama konsultativnog i postupka po prijavi dela te bolje garancije za zaštitu privatnosti i ličnih podataka.
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The matter of denial of the genocide committed against Bosniacs, including also a revisionism of history has become in course of last several years a current topic in the Bosnian and Herzegovinian society. With the amendments to the Criminal Code off Bosnia and Herzegovina, which prohibits genocide denial and glorification of the adjudicated war criminals, exercising such practices has not stopped. The focus of recent studies related to the genocide committed against Bosniacs is reduced to the contemporary phenomena. Authors of this paper are trying to offer a historic review of the denial of crimes and genocide committed against Bosniacs, which has been in progress ever since the early days of the aggression against the Republic of Bosnia and Herzegovina. The denial of camps, massacre at the Tuzla square, Sarajevo Markale market place, ample other crimes, including also the denial of genocide in Srebrenica, clearly suggests the form of institutional denial of crimes, which has been in progress, to a lesser or larger intensity, in the last thirty years.
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