USLUGE i vladavina prava
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Published By Pravni Fakultet Univerziteta U Kragujvcu

9788676231034

2021 ◽  
Author(s):  
Dragan Vujisic ◽  

In the first part of the paper are analyzed different views of the rule of law: liberaldemocratic, then positivistic view and, finally, defining of the rule of law as the rule of positive-law order of particular properities. In addition to these the three theoretic orientations, one more classification was pointed out - formal and materaialistic aspect of the rule of law. Besides, the principles and institutions of the rule of law were analyzed: legitimacy of power, division of power, independent judiciary, legitimacy expressed in terms of the ideas of constitution and lawfulness, constitutional guarantees of human and civil rights, existence of free economy and economic activities. The subject of the second part of this paper are services. Nowadays, services are the motor of economic growth and include, especially in developed countries of EU, more then 70% of EDP, employees, new economic subjects, and service activities also make up over 70% of all the activities. The service sector includes different, heterogenic services the number of which is getting higher and higher. The service activities are numerous and performed in various sectors such as trading, communications, financing, government administration, health department, social welfare, media, education, tourism, catering, sport and others. We are all witness to the constant growth of service sector in view of continuous broadening of the range of services and the influence upon the economic development of the state. Law regulations of the services in the Republic of Serbia were analized as well as its harmonization with the law regulations at the level of EU and the need for its further upgrading and improvement.


2021 ◽  
Author(s):  
Ana Opačić ◽  
◽  
Vladimir Vrhovšek ◽  
◽  

We, as the authors of this text, have found it important to point out the close connection between law and justice, theory and practice, because citizens go to court for justice. The judge says what justice is. However, when the legal norm is available and well known to the persons, to whom it refers, and when it is predictable and the case law is uniform, the persons to whom the legal norm refers, can know their rights and obligations concretely, and thus know how to treat them. In order to that they must behave and anticipate the consequences of their behavior. When all the above has been fulfilled, it can be said that the requirements of the rule of law and legal security have been met, so it can be freely said that law and justice are at the "service of the people", through theory and practice. It should be reminded that the precision of the legal norm is one of the basic elements of the rule of law and is a key factor for the emergence and maintenance of the legitimacy of the legal order, which applies to all branches of law, and that court decisions are binding on all.


2021 ◽  
Author(s):  
Srećko Jelinić ◽  

In this paper the author is searching for the connection between the concepts of the rule of law, so called social justice and the concept of the welfare state. The notion of the rule of law needs to be interpretated and defined precisely. The arguments in the paper are supported with selected court findings and decisions. The special emphasis is given to the issue of social justice which is, as it seems, particularly questionable in the field of consumer contracts where the issue of inequality of the parties to the contract comes to existence. Different types of contracts such as the contracts for telecommunication services together with some other issues such as the later change in contractual conditions and difficulties in obtaining payment for provided goods and services are being discussed and discoursed


2021 ◽  
Author(s):  
Jasmina Krštenić ◽  

Giving attention to the legal relations in special international public law branch which its existence connects to the biggest part of the Planet, unresearched completely, it is absolutely important for modern way of living. In a period of questioning of boundaries and possibilities of future existence of ancient principles of legitimate rule, we need to pay attention to, at least for a glance, issues which tangle the subjects of legal relations regulated by rules under law of the sea. Lot of people use sea routes, a certain part of population of continental states uses the benefits of the sea although they do not ask themselves about order and way of functioning that huge system which demands obeying rules defined on international level. Struggle to reach an agreement was long and difficult, results are visible and used, and agreed terms and established rules, could be changed. It is important to know certain circumstances, some demands and the essence of the agreement reached. The sea as a road, the source of life, and this time, the source of international rules governing legal order on sea’s surface and endless depths. We will get acquainted with the basics of the law of the sea and some sorts of sea related services. We will consider some problems and ways of solving these problems with the provision of proposed guidelines for future action within the framework of the international law of the sea.


2021 ◽  
Author(s):  
Dragan Bataveljić ◽  

The author of this work point to the fact that humanitarian organizations are the part of non-profit sector which are established and work in order to achieve general welfare of the individuals, particular social groups or society in whole. What is important to emphasize is that they belong to so called, voluntary sector whose work is transparent and is based on the laws of the country in which they operate. Each humanitarian organization has its own strategic plan, which as a written document, is aimed at achieving basic program goals. The monitoring of the implementation of adopted projects and the control of the management process are the mandatory (final) phases of their work. Humanitarian organizations as the part of non-state sector today play increasing role in offering services in various fields of social life to a wide range of beneficiaries. 0 It is interesting to note that these organizations are more present in developing countries and the countries in transition, particularly in the field of social services. The grounds for this situation can be found in the decentralization process and new, modified apprehension of the role of the state in the work of the growing number humanitarian organizations and movements. Namely, decentralization allows the delegation of powers and tasks from the central to local government levels and this is the main reason for rapid expansion of non-government sector on the global level and increasing participation of non-government sector in service providing.


2021 ◽  
Author(s):  
Sonja Lučić ◽  

In Case C-807/18 the Court of Justice of the EU had the opportunity to interpret Regulation 2015/2120, which contains the principle of Internet Neutrality, for the first time. On this occasion, the Court took position that Internet providers must not favor certain applications and services for providing and using data on the Internet to the detriment of others. The principle of net neutrality existed even before the adoption of Regulation 2015/2120. This Regulation establishes measures concerning open access to the Internet. Namely, the Regulation sets rules aimed at ensuring equality and nondiscriminatory treatement of traffic, as well as protection of the rights of end users. The principle of net neutrality implies that all providers of internet access services will treat all traffic equally without discrimination, restriction or interference and regardless of the sender and recipient, the content accessed or distributed,


2021 ◽  
Author(s):  
Ružica Kijevčanin ◽  

The aspiration of every modern state is to establish the rule of law, which incorporates the basic principles on which a free, open and prosperous society should lie. Some of these principles are civil democracy and secret and direct elections. The legal conduct of elections is the basic way to achieve peace and satisfaction among the population, because it puts the exercise of power and the regulation of issues of essential importance under their control. With the development of technology, trends, but also everyday life are changing, so, in addition to elections, the media are synonymous with freedom and citizenship rights. The media are a means of information that introduces citizens to information of various contents, and above all fundamental. Depending on the norm, level of development, protection mechanisms, the media conscientiously perform their function, or do not do it completely. What are the consequences when reporting on a specific phenomenon that is the basis of a healthy society in the first or second case is a central question that we will analyze in this paper. The importance of elections has been continuously confirmed throughout history, while the necessity of the media has been expanding for decades, in the intensity that elevates them to the top and equates them with the election process.


Author(s):  
Jelena Janković ◽  

The first step of a positive change in the system of service-legal relations is a change of view on the role and importance of service users. By providing opportunity to the service user to be an active and important member of the service-legal relationship, a far-reaching and universal value of humanization of the service economy sector is achieved. In such circumstances, the moral authority of the service law is realized through its justice and through voluntary obedience to the law of the subjects of the service-legal relationship. Precisely, this moral dimension of the rule of law, in the service economy sector is realized by applying the principles of service suitability and the right to free choice. In this regard, the paper analyzes the moral dimension and culture of the rule of law in the service sector, based on the principle of service suitability and the right to free choice, which are presented in the paper as guardians of justice of the service-legal norm.


2021 ◽  
Author(s):  
Mirjana Knežević ◽  

This paper analyses the legal mechanisms which guarantee minimum rights to air passengers in case they are denied boarding against their will, their flight is cancelled or delayed. In case of breach of contracts of carriage by air, passenger rights are protected by law as special rights (minimum rights) and comprise the right to information, reimbursement, re-routing, care and indemnification. This study examines the existing regulation from the Law on obligations and the basics of property relations in air transport, which reflects the stipulations of the Montreal Convention (1999) and the Regulation 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 259/91. The Regulation defines minimum passenger rights protection and is part of our positive air transportation legislation. Although this is a significant step towards unifying the legal regulation and creating a common mechanism for protecting air passenger rights, we suggest that it also poses a serious challenge for air carriers: how will they meet all the demands of the modern air transportation market, and fully inform the passengers on their special rights and ways to exercise these in certain situations.


2021 ◽  
Author(s):  
Željko Nikač ◽  
◽  
Božidar Forca ◽  

The paper discusses the legal status, organization and activities of the Private Security Sector in the Republic of Serbia in the function of protection of persons, property and business. The introductory part talks about private security, which in developed countries has an enviable place in the security system. In countries in transition, private security has accompanied social and economic changes and has gained in importance in recent years. After the disintegration of the SFRY for a full twenty years, this sector was not legally regulated by the main law in Serbia, but general regulations were applied, which fragmentarily deal with the issue of FTO and regulate economic business, work and employment. In the second part, the central part, the most important international legal sources and solutions from our national framework are presented. At the end of 2013, the Law on Private Security and the Law on Detective Activity were adopted, as well as bylaws for their implementation. Adequate legal regulations in this area are especially important due to Serbia's application for EU accession and harmonization of regulations with EU law. The concluding part emphasizes the need for further harmonization of norms with the EU, building good practice and the need to strengthen the control and supervision of the private security sector by the state.


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