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Published By Centre For Evaluation In Education And Science

0352-3713

2021 ◽  
Vol 38 (2) ◽  
pp. 85-99
Author(s):  
Branislav Babić ◽  
Anja Koprivica

In Republic of Serbia, violence at sports events represents a problem which is being reviewed with every new major sports event. A problem that goes beyond the scope of the sport, affecting topics of general crime, economics, and even the relationship between states. By forming a holistic perspective, the authors point out the need to revise the phenomenological framework of the previously mentioned phenomenon and the utopian nature of current preventive ideas. It is only by formulating a systemic criminal-law response that encompasses wider criminal frameworks, there are also considered the possibilities of normalization the sports events within the national framework.


2021 ◽  
Vol 38 (2) ◽  
pp. 129-142
Author(s):  
Nikola Milosavljević

A large variety of market relations are regulated by intellectual property rights, which represent legitimate monopolies correcting certain inefficiencies of a profit distribution on the market. In the following paper, the author examines the relations between design right and copyright using the comparative method. Firstly the author will analyze both resemblances and differences between these two intellectual property rights. The resemblance in protection object in particular makes available the cumulation of protected rights, in other words, the possibility of protecting industrial design by copyright, which will also be analyzed in the paper. Such work aims to comprehend the hybrid nature of design right as a right usually bypassed in a legal theory, and which is, in the author's opinion, especially interesting.


2021 ◽  
Vol 38 (2) ◽  
pp. 17-30
Author(s):  
Jelena Matijašević ◽  
Stefan Ditrih

The pandemic of the disease caused by Covid-19 has been of unprecedented proportions thus far. The spread of the virus has an extremely invasive effect on all aspects of human life and activity around the planet. According to the fact that this is a novel virus still spreading, and whose effects are significantly reflected on people's everyday life and activity, its full dimension and consequences have not yet been fully understood. Regarding the issue itself, this scientific paper reviews the impact of the Covid-19 pandemic on the health systems of Serbia and the Western Balkans region as well as the impact of the pandemic on socioeconomic factors in Serbia. Furthermore, there is a brief analysis of the legislative response of Serbia in the field of protection of the population from infectious diseases, as well as in the field of prescribing mandatory preventive measures for labor safety and health. It also includes the prevention of the occurrence and spread of epidemics of infectious diseases in the work environment.


2021 ◽  
Vol 38 (1) ◽  
pp. 1-12
Author(s):  
Marijana Dukić-Mijatović ◽  
Vladimir Kozar

The article reviews the regulations of Republic of Serbia, domestic legal practice, as well as the opinions of jurisprudence on the exercise and protection of the preemptive rights of separate and pledge creditors in a bankruptcy proceedings. There has been clarified the legal nature of the preemptive right on the subject of the secured right or lien. There were also provided the details related to the significance of the right of a creditor to set off its secured claim with the purchase price, in the case of a creditor being the best bidder (credit bidding). The article aims to present the manner of exercise of preemptive rights in the case of the method of sales of encumbered property/assets by a direct agreement, as well as the legal instruments the secured creditors may use in the case of its violation. There have been analysed the rules of procedure per lawsuit for annulment of a sale due to the violation of the preemptive rights. The deadline for a lawsuit, the content of the lawsuit which protects the preemptive right as well as the damage compensation right were especially considered.


2021 ◽  
Vol 38 (1) ◽  
pp. 70-85
Author(s):  
Slavica Dinić ◽  
Emil Turković

As a part of the presentation in this paper, we will deal with one of a number of specific characteristics arisen while determining the criminal responsibility of perpetrators of international crimes, the one related to the institute of command responsibility, which are familiar with the statutes of both ad hoc tribunals (the Statute of the Tribunal in the Hague of 1993 and the International Criminal Tribunal for Rwanda of 1994), as well as the so - called the Rome Statute from 1998. In these statutes, it is set in such a way that, in one of its parts, it contradicts the basic criminal law institutes (the principle of individual subjective responsibility, the principle of justice). However, in accordance with the assumed international obligations, this institute was introduced to the criminal law system of Republic of Serbia on January 1st 2006, by prescribing, within Article 384 of the Criminal Code of Republic of Serbia, a real criminal offense of omission, which is also the subject of this paper.


2021 ◽  
Vol 38 (1) ◽  
pp. 42-54
Author(s):  
Dalibor Krstinić ◽  
Sara Zarubica

By passing the Law on Public Notaries, the Serbian legislator regulates the issue of the operation of public notaries, their services and activities. The modern public notary practice represents a specific legal activity which contributes to the rise of legal security and the de-congestion of courts. It also leads to a more efficient exercise of the citizens rights and the realization of their civil rights much faster and more easily. A public notary performs a public service autonomously and independently being the party's independent commissioner, and his/her participation in preparing the documents attests to their truthfulness and content. As a result, public notary documents occupy a significant place in contemporary legal transactions. According to the Law on Public Notaries, public notary documents have the property of enforceability, under certain conditions they can provide a basis to directly institute enforcement proceedings before a court of law when the stipulated conditions are satisfied. It is deemed a positive and very useful legal solution, because of which the authors will, in this paper, point out some relevant key points and specific features regarding the enforcement of public notary documents.


2021 ◽  
Vol 38 (2) ◽  
pp. 114-128
Author(s):  
Milica Škorić

Although public agencies have existed for several decades, in Serbia, they are new forms of government bodies. The aspiration to modernize the public administration and harmonize it with modern trends can be an opportunity to see the stages of development and models of control and autonomy of the agency from the decades-long development of Swedish public agencies. The example of Croatia will show the potential of the former socialist state for such reforms and how important reforms are on the road to the European Union in the XXI century. Through the analysis of relevant literature and a comparative method, there are presented the reforms of public agencies being implemented in selected countries since their first appearance till nowadays. This paper focuses on the process of creation and development of public agencies in Sweden and Croatia, as members of the European Union, whose development of a public administration differs significantly, all in order to answer the questions: How much do public agencies contribute to decentralization? Are these bodies necessary for the approach and accession to the EU?


2021 ◽  
Vol 38 (2) ◽  
pp. 43-53
Author(s):  
Dejan Logarušić

The author considers methodology as a scientific discipline of a general character, which studies and analyzes phenomena from a scientific point of view by applying the principles of objectivity, reliability, systematic approach and precision. The methodology of scientific work, gradually tested, helps one reach basic and relevant knowledge starting from basic ideas, by applying methods and research procedures, defining science and scientific research work, proving hypotheses, and all the way to the implementation and indicators in the application of an established scientific research project. Starting from basic ideas, using methods, through research procedures, defining science and scientific research work, proving hypotheses, all the way to the implementation and indicators in the use of an established scientific research project, the methodology has found its application in theory and science.


2021 ◽  
Vol 38 (1) ◽  
pp. 25-41
Author(s):  
Darko Golić ◽  
Svetlana Marković

The goals of higher education are achieved through the activities of higher education institutions, which are, in accordance with their guaranteed autonomy, performed on a basis of their bylaws and general policies. The law determines which subjects have a public authority, which subjects are competent to adopt the relevant acts as well as the general range of issues regulated by these acts. The Constitution of Republic of Serbia guarantees that everyone has the right to higher education and, in that regard, the Law on Higher Education of Republic of Serbia regulates the system of higher education, conditions, and methods of performing higher education activities including the basics of its financing and other issues. Management bodies and professional bodies of higher education institutions are specialized in adopting one type of legal acts. In this way, it is enabled these acts, according to their nature or subject matter, to be adopted appropriately. Therefore, higher education institutions, pursuant to the Law on Higher Education, regulate the area of their activities by adopting statutes, regulations, rules of procedure, and other bylaws. The aim of this paper is to point out the legal nature of higher education institutions bylaws as well as their place in the hierarchy of the legal system, and, thus, in the higher education system of Republic of Serbia.


2021 ◽  
Vol 38 (2) ◽  
pp. 68-84
Author(s):  
Ljubica Prica

According to the Article 27, paragraph 1 of the Constitution of Republic of Serbia (2006), the right to liberty is guaranteed to all domestic and foreign persons, which is derived from the constitutional provision that the holder of this right is "everyone". Everyone has the right to move freely, to settle in Republic of Serbia, to leave it, and to return to it. This freedom may be restricted by law if it is necessary to conduct a criminal proceedings, protect the public order and peace, prevent the spread of infectious diseases, or defense of Republic of Serbia (the Constitution of Republic of Serbia, 2006, the Article 39, paragraph 2). Deprivation of liberty is allowed only for legal reasons and in the procedure provided by law. Both minors and adults may be deprived of their liberty. A person who has not reached the age of 14 is considered a child, and he/she cannot be deprived of liberty in the pre-investigation procedure because, according to our legal regulations, children are not subject to criminal liability. The aim of this paper will be to explore the concept of deprivation of liberty by arresting and/or detaining a suspect in the pre-investigation procedure according to the criminal procedure legislation of Republic of Serbia, with examples from previous practice and a proposal for some legal improvements.


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