Facta Universitatis Series Law and Politics
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Published By University Of Nis

2406-1786, 1450-5517

Author(s):  
Branko Radulović

The paper presents research on the content of postgraduate programs in the field of public policy at leading European universities. Based on previous research, more than 80 courses are classified in four areas: economic analysis, research methods, public administration, and public policy, in order to obtain a typical master program in public policy analysis. The programs mostly emphasize research methods and public policy theory and application with somewhat lower presence of economic analysis and public management. The results of the research can be used for the purpose of formulating new postgraduate programs at universities in Serbia.


Author(s):  
Marko Dimitrijević ◽  
Srđan Golubović

This paper points to the real and logical need for academic studying of the positive law discipline of (European) Monetary law at Law Faculties in Serbia. This branch of law is necessary for the optimal legal regulation of monetary policy, state monetary conduct and preserving monetary stability as an important public good for every monetary jurisdiction in the world. The introduction of Jean Monnet Module for European Monetary Law at the Faculty of the Law, University of Niš, is a very important step in academic teaching and scientific research on the legal regulation of public monetary affairs. The authors conclude that lawyers must have specialist knowledge from this branch of law, considering the frequency of monetary disputes and implication of monetary stability on living standards of monetary habitats and their rights to have healthy and solid currency.


Author(s):  
Anka Mihajlov Prokopovic ◽  
Marija Vujović

This paper will present and analyze the European approach in combating disinformation, which has posed a major threat to democratic processes particularly after Brexit and the 2016 US presidential election. Social networks have emerged as a key factor that has allowed disinformation to spread at an unprecedented rate, damaging and polarizing the public sphere. Poorly informed citizens have less and less trust in the media and large political parties, and a society of post-truth is emerging as the post-modernist narrative has abolished great stories and brought cultural relativism (Cosentino, 2020). In these conditions, the European Union resorted to counteracting disinformation by focusing on large technology companies, the founders of social networks, and offering them a self-regulatory document, the Code of Practice on Disinformation (2018), two years after the US elections and Brexit, and a year before the European elections. The first encouraging results are noticed and announced in the reports submitted every month by the companies that signed the Code (Facebook, Google, Twitter, Mozilla, Microsoft, TikTok, and representatives of the advertising industry).


Author(s):  
Dejan Vučetić ◽  
Predrag Dimitrijević

This paper attempts to explain and connect two separate processes in Serbian local governments. The first process pertains to the development of local public policies goals, which has recently been completely regulated by the Planning System Act (2018). The second process refers to the evaluation of performance of local civil servants, which is thoroughly regulated by the Decree on evaluation of civil servants (2019).Our main thesis is that public policy goals can be more than just a mere wish list only if there is a "clear and present" link between these two processes. The authors explain the basic features of local development plans, mid-term plans, local public policy documents (strategies, programs, action plans) and the performance appraisal system of local civil servants. In particular, Article 7 of the Decree on evaluation of civil servants (2019) provides the starting point for the inclusion of public policies goals into local servants‘ performance goals. However, for this connection to be put into effect, there are many other things that need to be changed in the local government regulation and organizational culture.


Author(s):  
Marija Dragićević

The organisation and funding of a long-term care system have been one of the most commonly debated issues in the social policies of developed European countries since the 1920s. The key issue in the debate on the long-term care system is to what extent the population should finance their own needs for custodial care and assistance, and to what extent it should be done by the state. Another important issue is whether the funds for long-term care should only be beneficial for those who cannot pay from their own assets (residual model), or whether long-term care services should be a universal right. The existence of such huge national differences has contributed to the intensity of this debate, both regarding how the system is organised (according to the type of benefits) and how the resources are generated. Bearing in mind the foregoing, in this paper, the author analyses the long-term care systems for people dependant on custodial care and assistance in several most developed European countries. The paper examines their organisation and funding, and highlights their major advantages and disadvantages, which may eventually serve as an indication for improving the domestic system.


Author(s):  
Andrej Blagojević

The paper aims to present the development of national legislative acts on copyright and related rights in the field of broadcasting, by focusing on the copyright norms directly related to electronic media. The goal will be achieved by providing a chronological overview and normative analysis of all legislative act son copyright and related rights adopted thus far, starting from the 1929 Copyright Act of the Kingdom of Yugoslavia to the current Act on Copyright and Related Rights of the Republic of Serbia. After presenting the initial premises, the author analyzes the norms related to electronic media (radio and television), covering the period from the adoption of the 1929 Copyright Act of the Kingdom of Yugoslavia to the 2004 Act on Copyright and Related Rights of the Republic of Serbia. Then, the article provides an overview of the copyright norms related to electronic media in the positive law by analyzing the 2009 Act on Copyright and Related Rights and its subsequent amendments. The results of this analysis should indicate the significant impact of electronic media in the process of regulating copyright issues throughout the history of national copyright law as well as in the positive copyright law.


Author(s):  
Filip Mirić ◽  
Dragana Rodić Aranđelović

Forensic expertise of signatures and handwriting is a very important activity in criminalistics. It reveals whether the defendant is the author of the disputed text or has signed the disputed document. This type of expertise is most often used in cases when it is necessary to prove the existence of the criminal offense of forging a document, but also in many other cases (such as expertise of suicide letters or contracts), which indicates the need for a multidisciplinary approach to  exploring of this kind of expertise.This paper presents the basic characteristics of this form of expertise and indicates the difficulties that may arise in practice. The aim of this paper is to identify opportunities for further development of signature and handwriting expertise in theory and practice, as a powerful tool for detecting many crimes and their perpetrators.


Author(s):  
Milica Stanković

In recent years, the criminal offence of stalking has drawn considerable attention of scientific and professional public. Stalking has been recognized as a criminal offence and a serious social problem since the 1990s. Before that, no state or society had statutes that recognized stalking as a criminal offence. It does not suggest that stalking did not exist before the 1990s. Stalking has always been part of human relations. Prior to enacting the legislation on stalking, many forms of unlawful behavior indicative of stalking were legally considered as harassment. Notably, the media portrayal of celebrity stalking was the catalyst that first exposed the presence of such intrusive behavior and triggered global interest. Based on the prior research on stalking, the author of this paper provides an overview of the criminal offence of stalking, outlines the primary arguments for its incrimination, and summarizes its principle characteristics.


Author(s):  
Aleksandar Mojašević

The paper aims to inform the domestic public about the basic concepts of behavioural economics, its historical development and intellectual basis, the application of its findings in policymaking, and its effectiveness in current practical application. In the first part of the paper, the author presents the basic concepts of behavioural economics: the nudge, the choice architecture, the libertarian paternalism, cognitive biases, and others. The second part of the paper provides a concise overview of the critiques directed at behavioural economics and libertarian paternalism (Posner's critique, Mitchell's critique), and a review of the empirical validity of certain behavioural economics phenomena. The third part presents the use of behavioural findings to inform the design of public policy in different domains (the behavioural public policy), along with numerous examples, mostly from the practice of the Behavioural Insights Team in the United Kingdom.


Author(s):  
Danilo Kostić

This scientific article analyzes the basic features and elements of the criminal offense of insult from the theoretical and normative aspect, with specific reference to the analysis of the conditions necessary for the application of the special legal ground for excluding illegality of offensive speech, stipulated in Article 170 (4) of the Criminal Code of the Republic of Serbia. Relying on the critical analysis of national criminal legislation and a brief review of national courts’ practice, the author points out to the contradiction of adopted legal standpoints when interpreting the disputed provisions, and emphasizes the importance of ensuring uniform and consistent court practice in this field. Proper and complete consideration of the criminal offense of insult, and especially the ground for excluding the illegality of the taken actions, stipulated in the provisions of Article 170 (4) of the Serbian Criminal Code, calls for precise interpretation of these provisions. Inadequate conduct of judicial bodies entails the possibility of convicting the perpetrator of the criminal offense of insult, even if the requisite conditions prescribed in the positive law have not been satisfied.


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