USKLAĐIVANjE pravnog sistema Srbije sa standardima Evropske unije: Knj.9
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Published By University Of Kragujevac, Faculty Of Law

9788676231072

Author(s):  
Branislav Simonović ◽  

International anti-corruption conventions are of great importance for building universal standards aimed at combating corruption. Despite the fact that most countries have ratified regional anti-corruption conventions and the universal - UN Convention against Corruption, the implementation of conventions in developing countries is not at a satisfactory level. One of the biggest challenges is the lack of political will to fight corruption. This paper analyzes some systemic weaknesses of the United Nations Convention against Corruption regarding ambiguity, vagueness and optionality in the application of some norms of the convention, as well as weaknesses in the system of monitoring the implementation of the convention, which do not contribute to improving political will to fight corruption.


Author(s):  
Vladimir Šebek ◽  

Specialized anti-corruption institutions are not product of the new age. First specialized departments in fighting against corruption went into effect in the middle of last century, but the beginning of creation of these departments has been connected with founding of the most significant specialized institutions. Although its effects on democratic institutions and economic and social development have long been apparent, the fight against corruption has only recently been placed high on the international policy agenda. The UN Convention Against Corruption, which came into force in 2005, is the most universal in its approach; it covers a very broad range of issues including the formation of specialised bodies responsible for preventing corruption and for combating corruption through law enforcement. It is the author’s intention to present to the public the organizational solutions of the anticorruption bodies predicted in the UN Convention against Corruption and folloving standards to act effectively. On the one hand, this text represents models of specialized anti-corruption bodies in the world, and on the other hand, it contains display of institutional anti-corruption model in Republic of Serbia as well, with the focus on the Department for Corruption Suppression (OBPK) in the Ministry of Interior and special departmens of Public prosecutor's offices. In order to compare efficiency of police and prosecutorial work, a data analysis was performed for the period before and the period after the Law on organization and competence of state bodies in supression of organized crime, terrorism and corruption, entry into force.


Author(s):  
Sonja Lučić ◽  

EU Regulation no. 1169/2011 contains rules for informing consumers, thus giving them access to basic information, such as a declaration of the nutritional value of the product or a list of ingredients. In order to facilitate the understanding of this information, other forms of expression and presentation or voluntary information may be provided, in addition to the mandatory nutrition declaration in accordance with Articles 35 to 37 of this Regulation. In that sense, the French Ministry of Health has created the „Nutri Score“ label. „Nutri Score“ is a system for marking the nutritional profile of food on the front of the packaging with the letters and colors of traffic lights. Although this logo has been used for years in some EU member states, such as France, Belgium and Spain, the preconditions for the legal use of this model of nutrition labeling were first created in Germany with the adoption of the Regulation on Amendments to Food Information. The paper will first provide an overview of the functioning of the „Nutri Score“ label. In the continuation of the paper, the author will deal with various legal issues - especially the issues of application of trademarks and regulations on fair trade.


Author(s):  
Biljana Gavrilović ◽  

The subject of the analysis is security measures according to the Yugoslav Criminal Code from 1929. Namely, the importance of the analysis of security measures from the Criminal Code from 1929 is reflected in the fact that it made a turning point in the development of criminal law in Serbia, given that it for the first time had prescribed security measures in the register of criminal sanctions. Therefore, the goal is to point out the bases on which the current system of criminal sanctions is built, through the analysis of security measures from the Criminal Code from 1929.


Author(s):  
Slavko Đorđević ◽  

In this paper author briefly analyzes certain provisions of Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, aiming to explain the regime of recognition and enforcement which is established by this convention and to make a point to the flexibility of this convention which may have a strong influence on a number of states worldwide (including Serbia) to accept it. Having this in mind, the author provides brief presentation and analysis of provisions of HCCH 2019 Judgments Convention which regulate material scope of application, eligibility of judgment for recognition and enforcement, grounds for refusal of recognition and enforcement, procedure, giving the notification with regard to the limitation of application of the HCCH 2019 Judgments Convention as well as relationship between this convention and other international instruments.


Author(s):  
Predrag Stojanović ◽  

Public-private partnership is often proposed as one of the better ways to establish sustainable and economically efficient use of water resources. On the other hand, we are witnessing an obvious crisis of legitimacy in the liberalization of public utilities, both by various civic movements and authors who challenge the success of this concept in financing water supply, emphasizing that numerous practical examples of private capital participation in this area have led to adverse effects on the poorest population strata. In this paper, the author analyzes the results of research related to the concept of public-private partnership, and attempts to answer whether such solutions appear to be necessary and whether they can be harmonized with the current tendency of public policies to recognize the right to water and include it in the catalogue of basic human rights.


Author(s):  
Dragan Vujisić ◽  

At the time of the establishment of the European Communities in 1957, there was no special provision on consumer policy for the whole of Europe. At the time, individual consumer policies of member states reflected different national cultures, traditions, administrative systems and priorities. Consumer policy at European level has become necessary for them in order to have adequate protection when trading in the single market. The first special consumer protection program was adopted in 1975, which was the basis for a growing body of directives and regulations in the field of consumer protection. Currently, about 90 EU directives cover consumer protection issues. Key EU policy areas related to consumer protection are the protection of life, health and safety of consumers; consumer information; protection of economic interests of consumers; protection of legal interests of consumers.


Author(s):  
Zoran Miladinović ◽  

Insurance of life in favor of third parties is more important than the insurance of life in case of death. Moreover, in some rights this type of insurance can be contracted only in the event of the death of the insured person. There are no such restrictions in our insurance law, which means that the same can be agreed in case the isured person reaches a certain age. With this type of insurance, the insured event can be realized on the person of the insurance policyholders or on some other person. The insured person can therefore be the insurance contractor himself and it can also be another person. Considering that in this type of insurance, upon the occurrence of the insured event, the payment of the insured amount is always made to a certain third party beneficiary and that the insurance contract mentions several persons with different legal status, the insurance contract must clearly define the issues such as clear determination of the beneficiary insurance, what happens if the insurance beneficiary dies before the insured person, or the contractor assures, whether it is necessary for the insurance beneficiary to give his consent to be paid compensation, whether and until when the insurance policyholder can revoke the benefit he has contracted for a third party-beneficiary of the insured, etc. All these issues are mainly regulated by legal provisions, but of particular importance are General Conditions of life insurance of life insurance companies, as the above issues are clearly defined on the basis of experiences that have proven to be open in practice.


Author(s):  
Ružica Kijevčanin ◽  

The Constitutional Judiciary is one of the basic state functions embodied in an independent state body called the Constitutional Court. The Constitutional Court protects constitutionality and legality, as well as human and minority rights and freedoms, by exercising the various and numerous competencies established by the highest legal act. Its role in the legal system is extremely important and irreplaceable, which implies an analysis of the organization of the Constitutional Court. Every organ or organization is made up of people. The human staff is the supporting pillar on the composition of which the efficiency, success and professionalism of the institution depend. Carefully selected members, based on quality criteria, are a guarantee for timely and productive work. By interpreting the legal norms that regulate the issues of election and composition of the Constitutional Court through different stages of the constitutional development of our state, we will create a comprehensive picture of the solution and come to a conclusion about possible improvements to existing rules.


Author(s):  
Bojan Urdarević ◽  

Freedom of association and the right to collective bargaining are fundamental rights of workers and a means of achieving a balance between the interests of workers and employers. Through collective bargaining, the parties in the collective negotiations identify common but also mutually conflicting interests and come to a common agreement. In this sense, collective bargaining can be a means of achieving a balance between, on the one hand, employers' desire for greater flexibility at work and on the other hand, the desire of employees to adapt their obligations and needs. It is important to note that the success of collective bargaining depends largely on the economic, institutional, political and legal framework in which collective negotiations between unions and employers take place. For this reason, the level of development of collective bargaining and social dialogue is different from state to state. Today, the right to collective bargaining has become widely recognized in the academic community as a key instrument for regulating working conditions and relations between employers and workers in a way that ensures fairer distribution of funds, improves working conditions and preserves the dignity of workers,but also institutionalizes industrial conflicts.


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