POVERAVANjE SPROVOĐENjA OSTAVINSKOG POSTUPKA JAVNOM BELEŽNIKU – NEKOLIKO NAPOMENA IZ UGLA MEĐUNARODNOG PRIVATNOG PRAVA

Pursuant to Art. 110a of Non-Litigious Proceedings Act, the court can decide to delegate the conducting of the succession non-litigious proceedings to the notary public, but only if Serbian law is applicable to the succession. In this paper author explains in which cases the condition with regard to the applicability of Serbian law has been fulfilled as well as whether the notary public can decide on some other conflict-of-law issues which can arise in delegated proceedings. Bearing this in mind, author deals with application of conflict-of-law rules for succession contained in Art. 30 and 31 of Serbian Private International Law Act in order to clarify in which situations Serbian law is applicable to all succession law issues. After that, author analyses whether notary public can decide on some procedural issues with foreign element, such as the international jurisdiction, the capacity of a person to be a party and to act independently in the proceedings, lis alibi pendes and preliminary recognition of foreign court decision.

(Ne) Mogućnost ostvarivanja prava deteta na zdravlje i prava deteta na socijalno obezbeđenje

Human rights from the category of economic, social and cultural rights closely resemble moral ideas and proclamations. Therefore they must be realized progressively and gradually, in accordance with the available resources and with respect to minimum core obligations of the States Parties. The child’s right to health and child’s right to social security are typical examples of it. In this paper, the author deals with the problems of interpretation of those rights and their implementation at the national level, with special regard to the Serbian legislation. Special attention is paid to implementation of child’s right to health and child’s right to social security in the area of health care and social protection. The child’s right to health is directly incorporated into domestic law including various entitlements acquired by the child as a patient. Among these entitlements, the most significant are those involving child’s participation rights, such as the right of the child to consent to medical treatment. On the other hand, the child’s right to social security has not been directly incorporated into domestic law, but its implementation is dispersed over the rules on social care and different forms of health insurance. Thereby, a child is primarily considered as a passive user of social security services.

Pristupi pojmovnoj metafori

This paper presents a set of possible contemporary approaches to the study of metaphor. Although undoubtedly most propulsive, Lakoff and Johnson’s conceptual (or cognitive) metaphor theory is only one of several metaphor models. Conceptual metaphor theory postulates that metaphor is a phenomenon of thought which is manifest in language. According to this approach, metaphor is understanding abstract conceptual domains (where domain is any coherent organization of human experience) in terms of more concrete source domains. In Fauconnier and Turner’s blending theory meaning is constructed through building of a number of mental spaces and establishment of mappings between them. Contrary to these two approaches, in Glucksberg’s class-inclusion model of metaphor, properties of the source category are attributed to the target category not by means of mappings but through class inclusion. Bowdle and Gentner’s ‘career of metaphor’ theory highlights the importance of metaphor conventionality. In Cameron’s ‘discourse dynamics’ approach metaphor is explored through analysis of discourse. It is perceived and used as a tool which helps uncover attitudes and values. Relevance theorists, on the other end of the spectrum, see metaphor as ‘loose talk’ understood via pragmatic inferential processes. Critical metaphor analysis explores how metaphors shape not only human thought and language, but also our beliefs, values and actions. The range of available approaches to metaphor suggests that no single approach can exhaustively capture this multifaceted phenomenon.

Ograničenje predmeta postupka za raspravljanje zaostavštine pred sudom države članice – primena Cl. 12 EU uredbe o nasleđivanju

In the following paper we are dealing with certain application aspects regarding the article 12 of Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. The author’s primary concern is to analyze the justification of its constitution in principle, and then to deal with certain issues regarding the possibility of its effective application. Particular attention is paid to interpreting the conditions underlying the application of the article 12, whose abstract formulation can, in certain aspects, represent a problem for the the member state courts upon their decision not to administrate assets of the estate located in a third country. Moreover, there will be a word as regards to the influence that limitation of proceedings before member state courts has on realization of the principle of unity of succession established by the Succession Regulation, which will be followed by hypothetical example and a suggestion of a possible solution concerning scission of succession, one that would not disrupt the coordination with the third country legal orders.

Kazne u Francuskom krivicnom zakoniku od 1810. godine

The author in the paper analyzes the penal system of the French Penal Code of 1810 (Code pénal de 1810), bearing in mind the influence this Code and its penal system had on the further development of French and European substantial criminal law. The fact that the Napoleonic Penal Code of 1810, with its later modifications and additions, remained in force for 184 years, speaks in favor of this. In this paper the penal system of the Code of 1810 is exhibited according to the original system of the Code. The tri‐partial division of both criminal acts and penalties was a novelty in the European criminal law. Given the fact that this was a Code promulgated 21 years after the Bourgeois revolution, the author compares the penal system of this Code to the penal system of the first revolutionary Penal code of 1791, but also with penalties that were used in the “Old regime” (Ancien régime). Based on the data published in bills and literature, the author gives a detailed analysis of all penalties contained in the Penal Code of 1810. Thereby, the key criminological problems caused by the practical application of these penalties is pointed out.

Saznanje i primena stranog prava u međunarodnom privatnom pravu Republike Srbije

Today, as a consequence of cross‐border movement of people, goods, capital and delivering of services exists more and more cases with international element. Authority of state before which the process is started, firstly by establishes the existences of international jurisdiction. If the authority establishes its competence, by conflict rule it determines ex officio the law of state which law should be applied. When the law of foreign state has to be applied, competent authority is obliged ex officio to deterime and apply it.The methods of cognition of foreign law content are regulated by law regulating private international law, bilateral agreements regulating international legal assistance, multilateral agreements sedes materiae, i.e. European Convention on information about foreign law and multilateral agreements lex specialis.The purpose of this paper is to present the concepts encompased in legal sources of the Republic of Serbia, and to compare them mutually as well as to present the provisions of comparative practice, i.e. states in the region.

Regionalizacija kao mera razvoja ruralnih područja Republike Srbije

Given the existence of marked differences between rural and urban areas, as well as between Belgrade and other regions of the Republic of Serbia, the subject of the paper should point out these differences, while the aim of the research will be to arrive at important factors that create these differences, as well as opportunities to overcome them through balanced regional development. For this, appropriate parametric and non‐parametric techniques were used in the study to compare groups. The Kruskal‐Wаllis test showed that employment in the primary sector dominates all regions over Belgrade, while the Mann‐Whitney test leads to the conclusion that the primary sector dominates in rural areas over urban. The one‐factor ANOVA of different groups found that agricultural income was higher in all regions than Belgrade, while the T‐test of independent samples and the Mann‐Whitney test showed that these incomes together with natural consumption were higher in rural areas than in urban. Since the Kruskal‐Wаllis test showed that the Belgrade region is the least poor and the Mann‐Whitney test showed a greater percentage of rural poverty than urban, even regional development, as well as the development of the agribusiness sector and diversification of activities in rural areas, are essential to bring about their development.

SPECIFIČNOSTI SAVREMENE SOCIJALNE STRUKTURE SA POSEBNIM AKCENTOM NA ZEMLjE BRIKS‐A U GLOBALNOJ EKONOMIJI

The process of economic and political globalization has a major impact on the integrity and sovereignty of national states. This pressure is felt most by developing countries and countries in transition. Also, social inequality is unavoidable for the countries members of BRICS, whose societies are already under the influence of negative activities of modern industrial development. Never before, has the economic activity produced so much material wealth in such a short period of time, and at the same time, it has degraded the natural environment to a large degree. Inequality in income between and within the states themselves is growing. It is reflected in the fact that less and less wealthy individuals have an increasing share of capital, while, on the other hand, there is a growing number of those who are below the poverty line. The working class is evenin a more difficult situation, taking into account ever worse working conditions and a reduction in salaries. All this led to the breakdown of the social component. However, in such social circumstances, the role of the state as a regulator of economic activities is crucial. The benefits of globalization have to be evenly distributed, and that is why institutions and policies are needed to prevent global imbalances of theworld development in the future. The more and more frequent demands for reducing the role of the state and its regulations have not been achieved. On the contrary, its activities have increased in many areas, with only a changed mode of operation. The emphasis is placed on economic growth and development, and less on the direct solution of social issues.

The use of memory english learning strategies of the students at the Faculty of Еconomics in Кragujevac

The paper investigates the use and frequency of memory language learning strategies in learning English of students of the Faculty of Economics at Kragujevac University. Taking into consideration the importance of using English in their future careers, a total of 146 students at first and second year of learning English at the Faculty of Economics in Kragujevac were researched. The respondents filled in the Strategy Inventory for Language Learning (SILL) and a Background Characteristics Survey. The results of the types of memory strategies and their frequency are presented. The aim of the research is also to provide information about the use of memory strategies both to university students in general and their teachers which would help improve their use of English.

Status nastavnika na fakultetu – neka sporna pitanja

Since the introduction of the fi rst Public Procurement Act in 2002, the public procurement market has accounted for a signifi cant share of total premiums earned by insurance companies. In that sense, the author in this paper presents the impact of the public procurement legal framework on the insurance sector in the light of the most signifi cant innovations contained in the Public Procurement Act, which entered into force on 1 January 2020. Furthermore, the paper emphasizes the importance of adequate preparation of tender documentation and additional conditions for participation in the procurement of insurance services. Finally, the author analyzes the practice of the Republic Commission for the Protection of Rights in Public Procurement Procedures, which reveals the most common mistakes of contracting authorities in compiling additional conditions of fi nancial and business capacity.