(Il)Legal evidence in criminal procedures in the case law of the Supreme Court of Cassation in 2019 and 2020

The Criminal Procedure Code stipulates that court decisions may not be based on evidence which is, directly or indirectly, by itself or in the manner of obtaining it, contrary to the Constitution, this Code, other laws or the generally accepted rules of international law and ratified international treaties, except in proceedings conducted for the purpose of obtaining such evidence. Illegal evidence cannot be used in criminal proceedings and is therefore separated from the case file. If the judgment is based on illegal evidence, it can be challenged by the appeal against the judgment, but also by the request for the protection of legality. The subject of the paper is the analysis of the recent case law of the Supreme Court of Cassation (in the period from January 1, 2019 to December 31, 2020) regarding the requests for the protection of legality stated in connection with illegal evidence.

The development of protections for the right to marry guaranteed by Article 12 of the European Convention for the Protection of Human Rights and Fundamental Freedoms

Starting from the 21st century, the European Court of Human Rights has changed the approach regarding the interpretation of the right to marry protected under Article 12 of the European Convention on Human Rights. The new liberal attitude towards the content of this right has opened up opportunities for new categories of persons to enter into marriage and start a family. The question arises whether the European Court of Human Rights will continue with this trend of interpretation and what consequences that could cause for the international understanding of marriage and family.

Legal inheritance mechanisms for the protection a decedent's family members in Czech law

The subject of the author's attention in this paper are certain regulations regarding legal inheritance in Czech law. We will try to give insight into inheritance mechanisms that are meant to protect the family members of a decedent, both through the prism of those regulations and that of Czech legal literature and the position of the highest court of the Czech Republic. We will pay special attention to the hereditary position of those subjects to which the decedent provided subsistence during his life and those persons who lived in a joint household with the decedent.

The general ineffectiveness of the appeal against the custody order: Final research results

This paper will present the results of the completed research which relates to the issue of the effectiveness of the appeal against the custody order pursuant to Article 294 of the Serbian Criminal Procedure Code. The research which the paper reports on was conducted on the entire territory of the Republic of Serbia, encompassed all Basic and Higher Courts, as well as a survey of more than 300 lawyers. Even though most colleagues will not be surprised by the results, the research has proven to be useful in multiple ways, primarily because it factually and comprehensively demonstrates the concrete situation regarding the effectiveness of the legal remedy in question. This research documents what was the general (but not empirically tested) impression in legal praxis.

The violation of the trademark right caused by signing a retail sales agreement over the internet

The global development of electronic commerce is currently leading to extensive intellectual property rights violations. In this paper, the author has analyzed the definition of the internet retail contract and the place where it is concluded, as the possible area where the trademark infringement happens. Furthermore, there is an overview of electronic sales trademark infringements, as well as the solutions attempted. In the end, the author presents his opinion on methods that should be used in order to protect trademarks in electronic commerce, taking into account the interests of all market participants.

A comparative law review of the expenses of civil proceedings as the subject of legal protection insurance in German and Croatian law

Costs of civil proceedings may constitute a significant financial burden for the parties in exercising their rights. Ensuring redress enables transferring this burden "to the back" of the insurer and thus facilitating the parties' conduct of civil proceedings in financial terms, which is also of influence on the possibility of exercising their rights. Providing redress covers only those legal costs that are necessary (necessary) to achieve protection of the legal interests of the insured. At the same time, the insurer reimburses legal expenses in accordance with the provisions of the procedural laws on the duty to compensate the costs of proceedings and regulations determining the amount and content of individual legal costs. The paper deals with the presentation and analysis of the coverage of legal sums in German law. Then, along with the model of the analysed coverage under German law, the coverage of the costs of redress in Croatian law is presented, while processing elements of legal costs (certain legal acts prescribed to pay appropriate fees, as well as the amount of such fees) which the legal protection insurers should take into account when forming the cover of the OP. Finally, the case law of the Court of Justice of the European Union relating to ensuring redress is presented.

Special protections against employment termination for workers with family responsibilities

Loss of employment is one of the most stressful life events for everyone, especially for those with families. An employed mother - and increasingly a father - have family responsibilities towards their children, and these duties are often taken on, due to the decomposition of the family unit, by so-called single parents. Family responsibilities towards children are not, however, the only ones: one important segment of the responsibilities of the working-age population is the care for elderly and/or sick relatives and/or spouses. In this paper, it will be demonstrated that employees with family responsibilities are not a unique legal category. Family responsibilities must not, as such, constitute a valid reason for the termination of employment. The research below, therefore, seeks to present special protections against the termination of employment contracts of different categories of employees with obligations toward children, and to check whether and in what way such protections are provided to employees with obligations to other family members, since special protections against the termination of the employment contracts is explicitly guaranteed in Serbian law to the employees only during pregnancy and absence from work due to special/child care. In this regard, international standards relevant to the subject of the research are considered, as well as certain foreign systems that differently take into account the family situation of employees, using primarily the normative, comparative law method.

Compensation for material damages in Serbian industrial property law

In the era of the digital revolution and the global market economy, the economic interests of holders of industrial property rights face threats from new and advanced forms of infringement. In order to guarantee the safeguarding of the material status of the rightsholders, standards of protection have been set at the international level as well as within the European Union - with harmonization expected to take place on a global scale. These standards, related to compensation for material damages due to the infringement on industrial property rights, largely deviate from the general rules on compensation for damages. The reason for the deviations lie in the specifics of the authorizations that are inherent to these rights and the intangible nature of the intellectual property that is the subject of the protection: hence the need for specific methods devised to calculate the compensation of damages caused by the infringement on industrial property rights. This paper analyses special rules on compensation for material damages caused by infringement on industrial property rights, observed in domestic law as it has developed from 1995 and onwards. The subject of the analysis are the relics of previous positive law, i.e., triple compensation, and compensation for up to three times the amount of the license fee, as well as the current regulations on the damages set as a lump sum compensation, under which it may not be less than the compensation for the legal use of the subject of protection and compensation equal to the tortfeasor's gains. The aim of this paper is to propose de lege ferenda norms for enhanced regulation of the matter of compensation for material damages in the field of industrial property.

The protection of confidential communication between a lawyer and a client in the case law of the European Court of Human Rights

Confidentiality of communication is a very important human right that gains in importance when the communication is conducted between a lawyer and a client. Namely, for a lawyer to be able to adequately represent their client, the client must be sure that the information they entrust to the lawyer will not reach third parties, i.e. that the communication will remain confidential. In this sense, protecting the confidentiality of communication between a lawyer and a client is very important not only for representing the client in each case, but also for the proper functioning of the legal system. This paper aims to establish which articles of the European Convention protect the right to a confidential communication between a lawyer and a client and how this communication is protected in practice by the European Court of Human Rights. The paper also examines whether it is possible to prescribe a measure by which such an important right as the right to privileged and confidential communication between a lawyer and a client could be limited and if so under what conditions.