scholarly journals Prohibition on practicing a profession, activity or duty in the criminal law of Republic of Serbia

Author(s):  
Darko Dimovski ◽  
Ivan Milić

As a basic principle, the "right to work" is guaranteed under the Constitution of the Republic of Serbia. This human right is further elaborated primarily in the Labor Law, but also in other laws that stipulate the conditions for the establishment, exercise and termination of employment. This paper emphasizes the possibility of restricting both natural and legal persons, including entrepreneurs, to practicing a particular profession, activity or duty, resulting from the imposition of criminal sanctions. The security and protective measures in the criminal law of the Republic of Serbia prohibiting the practice of specific activities are also emphasized. One of the aims is to point out the consequences of the measures imposed, which are often more severe than the sentence itself.

2021 ◽  
Vol 6 (14) ◽  
pp. 67-81
Author(s):  
Altuğ YENGİNAR

The right to work has been recognized as a fundamental human right in almost all international human rights documents and in the constitutions of many countries. This right has been recognized and guaranteed as a fundamental human right also in the Constitution of the Republic of Turkey. However, not only recognizing and guaranteeing "work" as a fundamental human right but also regulating its implementation and functioning within the framework of laws is of great importance. The concept of overwork is a concept that has been mentioned in the Labor Law regarding the implementation and functioning of the concept of work and it is regulated in our Labor Law No. 4857. In order to talk about overwork, a limited working time is required. In this context, upon determining the maximum number of hours a worker can work per week by drawing a limit on working hours in Labor Law No. 4857, overwork, which is the subject of work exceeding this period, is defined. Furthermore, the types of overwork that arise depending on the reasons for overworking, as well as the jobs that cannot be overworked, are regulated in the same Law.


Author(s):  
Siciliya Mardian Yo el ◽  
Huzaimah Al Anshori

The protection of labor rights is regulated in Indonesian Labor Law Number 13 of 2013. In addition to regulating the rights and obligations between stakeholders involved in working relationships, the Labor Law also regulates criminal sanctions against persons who violate the provisions provided for in the law. One of the criminal provisions in the Labor Law is regulated in article 185 (1) juncto article 90 (1) which specifically regulates the crime of wages. In this article there is a provision that employers who do not pay labor wages in accordance with the provisions can be convicted, however, disputes between employers and workers due to unsuitable wage issues are rarely resolved in criminal law. The objective of this research is to analyze the effectiveness of article 185 (1) juncto article 90 (1) which regulates the crime of wages in protecting the right of worker to the proper wage. The type of research that will be conducted is empirical legal research using sociological juridical approach. This research was conducted in Kediri. From the research, it is found that Article 185 (1) juncto Article 90 (1) is effective to protect the wage of labor only in the formal industry sector, because in the non-formal sector, there are still many workers who earn below minimum wages.


Author(s):  
Dragan Jovašević ◽  
Marina Simović

In a criminal (criminal and misdemeanor) law the right to deprivation of liberty of movement of another person - a perpetrator of a criminal offense - based on a decision of the court for a specified period of time is a type of criminal sanction of institutional character (whether it is punishment, security measure or educational measure). However, criminal law knows the so-called special forms of law-based deprivations of liberty, which do not represent the type and measure of criminal sanctions. These are, in fact, forms of deprivation of liberty that represent the substitute for the other previously imposed, entirely or partly, unpaid penalties - fine, driving license revocation or work in the public interest. This Paper deals with the concept, type and characteristics of the subsidiary imprisonment in positive criminal law of the Republic of Serbia.


2021 ◽  
Vol 81 (1) ◽  
pp. 57-64
Author(s):  
A. Kasymova ◽  
◽  
M. Zhandeldinova ◽  

In this article, the authors consider the features of the scope of application of labor legislation. The authors note that the extent to which the norms of labor legislation apply to different types of labor relations varies. In this connection, the question of the scope of labor legislation, as well as the limits of its use in the settlement of labor relations of various categories of citizens, becomes relevant. The purpose of this article is to address issues related to the scope of application of labor legislation. In this study, the methods generally accepted in the legal science and the science of labor law is used. Thus, such general scientific methods as dialectical, system-structural, historical methods, as well as the method of comparative analysis were used. Among the special legal methods used, it is necessary to distinguish the formal legal method of scientific knowledge. The scope of the labor legislation is, first of all, the circle of public relations, a certain territory, as well as the circle of subjects to which its norms apply. The Labor Code cannot regulate all relations concerning the exercise of the right to work. This is the sphere of regulation of the Constitution of the Republic of Kazakhstan. Labor legislation can regulate only those relations concerning the exercise of the right to work that arise on the basis of an employment contract. The authors come to the conclusion that labor legislation regulates not only labor relations, which are the subject of labor law. It also regulates certain other types of employment relations in cases where this is expressly provided for by law. At the same time, it should be noted that the labor legislation applies to other types of labor relations only within the limits defined by a special law. Labor legislation does not apply in cases where the work is performed by an individual – a business entity independently or the work is performed by members of a personal peasant farm in this farm, as well as in cases where an individual performs the duties of a member of the supervisory board of a joint-stock company, the executive body of a business company, or other relevant management bodies of legal entities; if these duties are performed on other grounds than an employment contract, and if an individual performs the duties under a civil contract providing for the performance of certain work in favor of the other party to the contract.


2020 ◽  
Vol 10 (1) ◽  
pp. 28-32

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.


2018 ◽  
Vol 28 (6) ◽  
pp. 1939-1946
Author(s):  
Miodrag Simović ◽  
Dragan Jovašević ◽  
Marina M. Simović

Based on international standards adopted within the framework and under the Organisation of the United Nations, all national legislations recognise several different types and forms of criminal acts regarding misuse of narcotics. It is the matter of various activities of unauthorized production, traffic and other forms of inciting or enabling others to come into possession of narcotics for immediate use, which seriously endangers the health and life.Depending on the needs of each individual state, the distinction is made between the offenses, for the perpetrators are given different types and measures of penalties and other criminal sanctions. A similar situation exists in the Republic of Serbia.The paper analyzes the system of criminal offenses in various types and forms of manifestation in the theoretical and practical sense for whose offenders that are prescribed serious criminal sanctions.


2020 ◽  
Vol 55 (2) ◽  
pp. 82-91
Author(s):  
Marina Milić Babić ◽  
Marina Hranj

Palliative care for children means active, complete care on physical, psychological, social and spiritual levels, and it includes collaboration and active work with the family. Palliative care for children lasts during the period of illness and continues after the death of the child in the form of expert assistance to the family in their grief. Such care follows the principles of individual, holistic, transdisciplinary and biopsychosocial-spiritual approaches that come together in promoting the quality of life of a child and his or her family. Numerous legal sources are the starting point for defining palliative care for children as a fundamental human right to health care, as well as for defining basic actions within this fundamental right. The right to palliative care includes rights from different systems, and collaboration and linking of different disciplines are needed in order to meet the needs of the child and his family. The aim of this paper is to present crucial knowledge in the field of palliative care for children and to examine how this right is implemented and legally regulated in the Republic of Croatia.


Author(s):  
Carmen Almagro Martín

ResumenSin duda alguna, en épocas de crisis como la que vivimos desde hace años, que se ha mostrado especialmente intensa en España, el Derecho al trabajo es uno de los que resultan más perjudicados. Se trata de un Derecho fundamental del ser humano y, como tal, aparece recogido en la Declaración Universal de Derechos Humanos, formando parte de ese “ideal común” que todos los pueblos y naciones deben esforzarse en conseguir. En España, el desempleo ha alcanzado niveles tan elevados que se ha convertido en la principal preocupación de los españoles (prácticamente en todas las familias hay al menos un miembro en “paro”). La situación es desoladora, habiéndose llegado a rozar los 6 millones de trabajadores en situación de desempleo, resultando evidente que el país debe continuar la reforma en el ámbito laboral poniendo en práctica políticas activas que permitan la reducción de esta cifra y la normalización del mercado de trabajo. Sin embargo, no menos importante será la adopción de medidas para la protección de los millones de desempleados, que viéndose privados de trabajo, principal fuente de ingresos para la mayoría de ellos, carecen de los recursos necesarios para hacer frente a sus necesidades básicas y las de sus familias.AbstractWithout any doubt, in times of crisis, as the one we have been currently living for years, the right to work has been particularly affected. It is a Fundamental Human Right, as it is expressed in the Universal Declarationof Human Rights, shaping this “common ideal” towards which all the people and nations must try to achieve. In Spain, unemployment has reached such levels that it has become the main subject of preoccupation among Spaniards (in almost all families, there is at least one unemployed individual). The situation is devastating, as almost 6 million of people are unemployed, urging the country to carry on its labour reforms, implementing active policies that enable to reduce this number and to normalize the labour market. It will be also important to adopt some measures to protect millions of unemployed individuals who, having no job, (as the main source of income for them), are lacking the necessary means to cope with the basic needs of themselves and their families. ResumoSem dúvida, em tempos de crise como a que temos vivenciado há anos, e que tem demostrado ser particularmente intensa na Espanha, o direito ao trabalho tem sido particularmente prejudicado. Trata-se de um direito humano fundamental e como tal, aparece na Declaração Universal dos Direitos Humanos, formando parte desse “ideal comum” que todos os povos e nações devem buscar realizar. Na Espanha, o desemprego atingiu níveis tão elevados que se tornou a principal preocupação dos Espanhóis (praticamente todos em todas as famílias lares têm pelo menos um membrosem emprego). A situação é sombria, tendo em vista que há quase 6 milhões de desempregados, exigindo que o país prossiga com suas reformas trabalhistas, implementando políticas públicas ativas que permitam reduzir essa cifra e normalizar o mercado do trabalho. Torna-se importante adotar medidas que protejam os milhões de desempregados que, sem emprego– principal fonte de ingressos para a maioria deles –, carecem dos recursos necessários às suas necessidades básicas e de suas famílias.


2017 ◽  
Vol 7 (1) ◽  
Author(s):  
M.Sc. Albana Metaj-Stojanova

The right to family life is a fundamental human right, recognized by a series of international and European acts, which not only define and ensure its protection, but also emphasize the social importance of the family unit and the institution of marriage. The right to family life has evolved rapidly, since it was first introduced as an international human right by the Universal Declaration of Human Rights (UDHR). The family structure and the concept of family life have changed dramatically over the last few decades, influenced by the everchanging social reality of our time and the decline of the institution of marriage. Aside from the traditional European nuclear family composed of two married persons of opposite sex and their marital children, new forms of family structures have arisen. LGTB families are at the centre of the ongoing debate on re-defining marriage and the concept of family life. The aim of this paper is to analyse the degree of protection accorded to family life and to the right to marry, which has long been recognized as one of the vital personal rights essential to the pursuit of happiness by free men by both, international acts ratified by the Republic of Macedonia and the legal system of the country. The methodology applied is qualitative research and use of the analytical, historical and comparative methods. The paper concludes that in general Republic of Macedonia has a solid legal framework, in compliance with the international law, that protects and promotes the right to family life.


2019 ◽  
Vol 7 ◽  
pp. 68-77
Author(s):  
Aleksandr V. Fedorov ◽  
◽  

The article is dedicated to the general issues of establishment of the criminal liability of legal entities in the Slovak Republic (Slovakia). Similarity of prerequisites for introduction of such liability in the Slovak Republic is noted. Gradual establishment of criminal liability of legal entities in Slovakia is noted, initially it was by means of amendment of the Criminal Code of Slovakia by Law No. 224/2010, which allows for using such “protective measures” as redemption and deprivation of property in relation to legal entities, then it was by means of adoption of Law No. 91/2016 on criminal liability of legal entities. Basic provisions of the Slovak law on criminal liability of legal entities are considered. The attention is paid to the fact that in the Slovak Republic there is a so-called selective criminalization as to the criminal liability of legal entities, when they can be held criminally liable not for all crimes specified in the Criminal Code of the Republic of Slovakia, but only for those of them, which are specified in the special Law No. 91/2016. A list of crimes, for which criminal liability is possible for legal entities, and conditions under which a crime is admitted to be committed by a legal entity, is specified. It is specified, which types of legal entities are foreseen by the Slovak law, and noted that not all of them can be the subjects of criminal liability according to the national laws. The effect of the criminal law is considered in relation to legal entities that have committed crimes in the territory of the Slovak Republic and outside it. The article contains the description of the types of criminal punishments of legal entities, which include: liquidation of the legal entity; deprivation of property; deprivation; penalty; prohibition to carry out activity; prohibition to receive subsidies and grants; prohibition to receive assistance and support from funds of the European Union; prohibition to participate in state procurement; publication of conviction.


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