COLLECTION OF PAPERS, FACULTY OF LAW NIŠ
CIVIL LIABILITY FOR DAMAGE ARISING FROM TERRORIST ATTACKS, PUBLIC PROTESTS AND PUBLIC EVENTS
The Civil Obligations Act governs civil liability for harm resulting from social conflicts, including terrorist attacks and public protests. Damages incurred at public events are covered under the same legal standard. The state is burdened by strict liability. This case of liability is restricted to specific types of harm brought on by individual death, physical harm, or property destruction. The paper examines the conditions of this liability case, with a focus given to the causal link. Some states that were part of the former SFR Yugoslavia regulate this case of state liability because, upon separation, they enacted laws based on the 1978 federal Civil Obligations Act. Others have abandoned or moderated this case of state liability. A comparable instance for this kind of damage is uncommon in comparative law. The injured party in the criminal acts have the right for compensation, which includes terrorist attacks. In the case of damages during the public protests, state is liable only for the harm that police officers inflict on protesters. With exception to that situation, the rule is that the person who produced the harm is liable for damage caused during public protests, which means that individuals are responsible for any damage they do to other participants during the demonstrations and other public events.
STATE-CHURCH LAW IN THE KINGDOM OF THE SERBS, CROATS, AND SLOVENES UNTIL 1930: LEGISLATIVE ACTS ON RECOGNIZED RELIGIONS
The plurality of state-church relations points to the need for a typology of possible relations within which it is possible to recognize the specificities of our time and space. In this paper, the reflections are directed towards a legal-historical approach to state-religious regulation in the First Yugoslavia. The “new state” established a special policy of state-religious law. By eliminating the concept of a “state church” and changing the model of state-church relations, the effect of resolving complex issues of the legal status and activities of churches and religious communities was achieved. Systematic legislation ensured consistent treatment of traditional churches and religious communities, which made the complex mutual relations of distant communities follow the process of integration and mutual coalition. State-religious law in Yugoslavia and the concept of state and national unity, promotes a flexible relationship between different confessions and balance in communication with other religious communities.
THE PRINCIPLE OF AUTONOMY OF STATE ADMINISTRATION AUTHORITIES IN THE REPUBLIC OF SERBIA
The principle of autonomy constitutes a legally regulated relationship between administrative authorities and other state bodies or non-state entities. It entails relative—objectively determined by law—organizational and functional autonomy of administrative authorities, as well as the functional autonomy of authorized officials. Following a lexical-semantic analysis of the term and the delineation of related concepts, the paper first presents a theoretical and legal framework of the autonomy of administrative authorities, followed by a historical and legal overview and an analysis of the normative framework in the Republic of Serbia. The author concludes that constitutional and statutory provisions provide a solid normative basis for the autonomy of administrative authorities, yet there remains a need for its further enhancement. More importantly, there is a constant need to improve political practice and legal tradition in the consistent application of legal norms, that is, to develop a firmly established understanding and general consensus regarding the inadmissibility of undue influence on the work of administrative authorities.
LEGAL EFFECTS OF RECOGNITION OF SAME-SEX UNIONS: APPLICATION OF EUROPEAN STANDARDS
The ECHR requires that persons of the same-sex be in a stable and lasting union in order to determine the existence of family life between them. In order for family life to exist, it is not enough for persons of homosexual orientation to be in a short-term and transient relationship, but a stable union is required, which can be manifested through assumed union, shared place of residence, joint business, acquisition of property in the union. Unlike the previous practice of the ECHR, which until 2010 and the judgment in Schalk and Kopf v. Austria, refused to recognize a relationship between persons of the same sex as a relationship that can be considered in accordance with the rules of family life. considers this relationship as family life, and characterizes the lack of legal regulation and legal protection of these relationships as a violation of the right to respect for family life. Despite the fact that family life is established, the state is not obliged to provide for the conclusion of marriage by a person, but, according to the adoption of the practice of the ECHR, it has an obligation to somehow, i.e. through a certain form, recognize these unions, and in this respect it leaves the home states a wide margin of appreciation. Since the judgment in Schalk and Kopf v. Austria, a relationship between homosexual persons living together indisputably constitutes family life.
JUSTIFICATION OF THE RIGHT TO BUILD ON AGRICULTURAL LAND
Agricultural land, as defined by comparative law, the Macedonian Ownership and Other Real Rights Act, and the subject-specific laws on agricultural land, is considered a thing of public interest and should be used for agricultural purposes. The Agricultural Land Act promotes its rational use, with the primary aim of producing agricultural products. Regarding this aim, the Law allowed the construction of facilities on that land, which should enable the cultivation of agricultural products and benefit from it. Also, the Macedonian legal system has expanded the list of types of facilities that may be built on that land. In practice, this expansion has led to extensive construction on that land. As a result, nowadays, the agricultural land is used more for tourism and sports, rather than increasing the yield of agricultural production. In addition, these legal norms have contributed to the increase in the import of agricultural products from abroad, creating disadvantages for domestic production. Therefore, in this paper, we will address the issue of how the Macedonian legal system can resolve this social conflict through new legal norms. Keywords: law, agricultural land, construction, public interest.
URBAN PLANNING AND DEVELOPMENT AND THE NEED FOR BALANCING PUBLIC AND PRIVATE INTEREST
Urban planning and development are processes which can be observed from many different aspects. One of the most essential issues regarding urban planning and development concerns creating a system that provides sustainable urban development. The functionality of such a system is measured primarily by its capacity to provide urban development that is in line with the environmental, social and economic requirements of modern living. Reaching such requirements calls for balancing public and private interests, which more often than not tend to collide. Although there are many contributing factors to the system's functionality, this paper focuses on the regulation concerning urban planning and development and its role in sustainable urban development. The main focus of this paper's research is the regulation of urban planning and development in the Macedonian legal system and its capacity to create a fair balance between public and private interests in the pursuit of sustainable urban development.
STRICT FORMALISM OF WILLS OR SOVEREIGNTY OF TESTAMENTARY INTENT: WHICH SHOULD PREVAIL?
The paper examines the tension between strict formalism and testamentary intent in the law of wills. Traditionally wills are strictly formal acts (forms ad solemnitatem): any deviation, even minor, renders the will invalid and triggers intestacy. Against this backdrop, Anglo-American theory and practice have advanced flexible approaches that prioritize testamentary intent over strict compliance, chiefly the harmless error doctrine and the dispensing power doctrine. These have influenced legislation and case law in common-law jurisdictions and spurred debate in continental European theory over whether priority should be given to strict formalism or to testamentary intent. The development of digital technologies further complicates the issue because electronic wills are not regulated, creating a real risk that such wills will be annulled despite the existence of clear testamentary intent. The paper cautions, however, against an overly liberal model, especially broad dispensing powers, which can erode the protective and evidentiary functions of form. Form still matters: it deters fraud, structures deliberation, and provides reliable proof. The author proposes a middle path: preserve essential formal elements that serve these functions, but allow courts, in favorem testamenti, to excuse minor defects when testamentary intent is proven. Such flexibility would better honor decedents’ last wishes without sacrificing core safeguards, and it would create doctrinal space to validate technology-assisted wills even before comprehensive legislation on electronic wills is enacted.
Efficiency of the Competition Protection Commission in the Republic of Serbia: Examples from practice
Competition is one of the pillars of a democratic society with a regulated market economy, as it fosters economic growth, innovation, and an improved standard of living. Modern states protect competition not only by establishing an adequate legal and institutional framework but also through the implementation of an active competition policy, since the mere existence of regulations is insufficient without their consistent enforcement. In the Republic of Serbia, the supervision of the implementation of competition protection regulations is entrusted to the Commission for Protection of Competition, whose effectiveness directly affects economic efficiency and overall social welfare. The aim of this paper is to examine the extent to which the Commission fulfills its role in protecting competition by analyzing the legal framework, procedures before the Commission, and concrete cases from practice. The paper identifies key challenges in the Commission’s work and formulates recommendations for improving the regulatory and institutional framework, with the goal of enhancing transparency, efficiency, and alignment with European standards in the field of competition law.
The International nature of Corruption in the Kingdom of Yugoslavia
The social context in which the Kingdom of Yugoslavia was created—marked by the devastation of the preceding war—quickly led to political polarization over fundamental questions of state organization. Despite this, the establishment of state institutions with democratic potential offered some hope for strengthening anti-corruption efforts. However, it became evident that upholding the rule of law and effectively combating corruption required far more: either radical political reform or a complete systemic transformation. Behind the Našica affair, we can identify structural causes underlying the observed patterns of corruption. Specifically, the economic system of the Kingdom of Yugoslavia was designed in such a way that conducting business was virtually impossible without administrative support. Forests, for example, were directly controlled by the state—a system that was neither efficient nor effective but instead allowed numerous public officials and civil servants to extract corrupt rents. Moreover, the Našica affair highlighted key systemic flaws: the absence of a comprehensive legal framework to combat corruption, including regulations on lobbying. Notably, the body of so-called corruption crimes defined in the 1929 Criminal Code did not criminalize abuse of office or influence peddling by members of parliament during the legislative process. Ultimately, the inconsistent enforcement of existing laws—despite at least a minimal degree of political will to fight corruption—meant that the Našica affair failed to reach a meaningful judicial conclusion.
ANTI-EVASION PROVISIONS APPLICABLE TO VALUE-ADDED TAX IN THE REPUBLIC OF SERBIA
Value Added Tax (VAT) is more susceptible to tax evasion compared to other forms of taxation, primarily due to the credit-invoice mechanism and the relatively high standard rate, both of which contribute to a higher volume of evaded tax revenue. In this paper, the author examines three anti-evasion measures provided for under the legal framework of the Republic of Serbia. One such measure is the reverse charge mechanism, which requires the recipient of the supply to report and account for the tax liability, as specified on the invoice. This regime applies only to certain categories of transactions. Where the application of the reverse charge mechanism is not feasible, the tax administration may resort to two additional anti-evasion tools: the secondary tax liability (or derivative tax liability) and the principle of economic substance over form. Each of these measures has inherent limitations. Assuming that the protection of national fiscal interests is imperative, and recognizing the need for further alignment of Serbia’s VAT legislation with the acquis communautaire in this area, the author recommends amendments to the existing legal provisions aimed at enhancing the efficiency of VAT collection and reducing opportunities for tax evasion.
INTRODUCTION OF THE INSTITUTIONALLY GUARANTEED JUDICIAL INDEPENDENCE INTO SERBIAN LAW
The paper deals with the issue of introducing institutional guarantees of judicial independence into Serbian law. The institutional guarantee of judicial independence implies the permanence, immovability and material security of judges. There was awareness of the importance of the principle of judicial independence in Serbia even before the introduction of its institutional guarantees. The morality of judges was a guarantee of judicial independence until its legal security. However, given that the morality of judges got weaker, due to material scarcity, in the mid-19th century, the principle of judicial independence was first proclaimed as a constitutional category in the Regency Constitution; but without institutional guarantees. Therefore, young conservatives assess this move by the framers of the constitution as "empty idleness". Institutional guarantees were introduced only on the basis of the Law on Judges from 1881. However, although the fundamental need to legally secure the principle of judicial independence was emphasized, when the Law on Judges was adopted, it led to a discussion about instruments for institutionally securing this principle. Therefore, the paper focuses on the issue of what led to the divergence of views among Members of Parliament regarding the instruments for securing the core principle of the judiciary – the principle of judicial independence.
Territorial Autonomy in European Democracies: The Case of the Faroe Islands
The paper analyses the political and territorial autonomy of the Faroe Islands within the Kingdom of Denmark. After the introductory part, there is a presentation of the basic features of the theoretical concept of territorial autonomy. It is followed by a brief overview of the evolution of the status of the Faroe Islands, which were a Norwegian and Danish colony for centuries, and since the middle of the last century they have acquired autonomous status within the Kingdom of Denmark. The central part of the paper is an analysis of the legal norms that regulate Faroese autonomy, in particular the Home Rule Act of the Faroe Islands of 1948 and two acts from 2005 – the Foreign Policy Act of the Faroe Islands and the Assumption Act of the Faroe Islands. After that, there is an analysis of the current political situation in the Faroe Islands, which is compared with the current situation in Greenland, another autonomous territory within the Kingdom of Denmark. The concluding remarks summarize the research results and offer answers to open legal and political questions.
CONSTITUTIONAL COURT OF SERBIA vs. CONSTITUTION – Doctrine of the substantive law-making authority
Serbia’a Constitution of 2006, besides numerous shortcomings in regulating a state of emergency, appears to offer improved solutions as it seeks to establish different guarantees against possible abuse of state of emergency. This is particularly noticeable when it comes to the distribution of powers in the state of emergency regime, as well as in the additional protection of human rights. Serbia's experience with the state of emergency in 2020 further pointed to the fact that the constitution, as a fundamental legal act, can never regulate the state of emergency in such a precise and detailed manner without certain open questions that will only be answered in practice. Before the Constitutional Court, questions were raised about the constitutionality of the decision on the declaration of the state of emergency, as well as the constitutionality of the measures taken to derogate human rights. The Court made two significant decisions but did not establish a consistent doctrine on a state of emergency. The challenges faced by Serbian society have confirmed the fact that there is a crisis of the Constitutional Court as the guardian of the constitution in Serbia. In such an environment, the Constitutional Court, viewed from the perspective of the rule of law principle, established an extremely dangerous doctrine of the "substantive" law-making authority. In order to be able to properly understand the scope of the Constitutional Court doctrine on the substantial law-making authority, the first part of the paper deals with the adoption of emergency measures based on the Constitution, while the second part provides a detailed analysis of the aforementioned doctrine.
LEGISLATIVE READINESS FOR DIGITAL REALITY: TOKENIZATION IN SERBIAN LEGISLATION
The paper analyzes the legal framework of tokenization in the Republic of Serbia, with a focus on digital tokens as a specific form of digital assets, defined by the Law on Digital Assets. The paper points out the basic types of tokens, as well as the challenges of their legal qualification, especially in terms of separation from virtual currencies and determining whether they have the characteristics of financial instruments. The legal regulation related to the tokenization of securities and real estate is also analyzed, with a special focus on the technological limitations of the application of DLT (distributed ledger technology) within the framework of existing institutional mechanisms. The paper points out the lack of precise criteria for the classification of tokens in Serbian law, as well as the need for clearer and more encouraging guidelines. The aim of this paper is to point out the need to improve existing legislation in order to ensure greater legal certainty, encourage innovation, and enable wider acceptance of tokenization in the Republic of Serbia.
Constitutional aspect of Consumer protection: Comparative Analysis and the Case of Serbiaon
In the last few decades, awareness of consumer rights has grown significantly, and consumer law has become a very dynamic area of ​​law. Thus, consumer protection has found a place in the constitutions of various countries. In the first part of the paper, the author provides an overview of constitutional norms on consumer protection in several European constitutions, paying attention not only to the content of these provisions, but also to their place in the constitutional system. In the second part of the paper, the author points out the dilemma of whether consumer rights represent human rights or are primarily program principles. In the same part, the author also points out the connection between consumer protection and other institutes of constitutional law. Finally, the author pays attention to Art. 90 of the Constitution of the Republic of Serbia, which regulates consumer protection. In doing so, the constitutional norm is placed in the context of the state's reaction to the boycott of retail chains that was organized in the Republic of Serbia at the beginning of 2025.
ADMINISTRATIVE ASPECTS OF OBTAINING FIREARM LICENCES IN REPUBLIC OF SRPSKA
Abstract: Due to the widespread misuse of firearms, both legally acquired and illegal, the interest of the scientific and professional public and citizens of the Republic of Srpska in the method of obtaining a permit and the number of persons who own firearms is justified. The paper will analyze the administrative procedure for obtaining a permit to own firearms and the actions of the competent authorities with the aim of revealing shortcomings in the regulation of the matter and shortcomings in resolving this type of administrative matters. Firearms have major implications for the security of citizens of the Republika Srpska, especially recently, when the number of crimes where firearms are the main instrument of the perpetrator is increasing. Finally, which speaks in favor of the neglect of this important topic, we emphasize that during our research we did not come across a single work written on this topic in the Republika Srpska.
THE PRINCIPLE OF NATIONAL SOVEREIGNTY THROUGH THE LENS OF SAINT ANDREW’S DAY NATIONAL ASSEMBLY
The paper under the mentioned title, first of all, gives a historical overview of assemblies in Serbia. Then, an insight into the situation ahead of the St. Andrew's Assembly is provided. The dissatisfactions of all factors in the country, the urban and rural population, certain authorities, as well as the leading political forces are explained in detail. The circumstances that accelerated the convening of the assembly are discussed below. The reasons that contributed to the formation of the final decision on convening the Assembly can be seen through the letters, which some actors sent to others. The main part of the work is the meeting of the St. Andrew's Assembly itself. First, appeals and representations of viewpoints are presented, and then the adoption of the Law on the National Assembly of October 28, 1858. The outcomes of the St. Andrew's Assembly were also discussed: the overthrow of Prince Aleksandar Karađorđević, the return of Miloš Obrenović and the de facto disempowerment of the council, as well as the most important one - the strengthening of awareness of national sovereignty.
Copyright (c) 2024 COLLECTION OF PAPERS, FACULTY OF LAW NIŠ
IMPLEMENTATION OF THE HOUSING AND BUILDING MAINTENANCE ACT AND THE PRINCIPLE OF SUSTAINABLE HOUSING
The society should pay special attention to management and maintenance of residential buildings in order to provide citizens with sustainable housing in accordance with European standards of quality housing, environmental standards, energy efficiency, cleanliness and safety, accessibility for people with special needs, protecting third parties from possible risks, etc. By adopting the Housing and Building Maintenance Act (HBM Act) in 2016 and declaring building maintenance a public interest, the Serbian legislator took a significant step towards providing legal conditions for resolving decades-old housing problems. The past decade of application of the HBM Act is an opportunity to analyze the implementation of this legislative act and draw attention to the need to introduce certain amendments. Sustainable housing development includes the improvement of citizens’ housing conditions, the preservation and improvement of the housing stock value (energy efficiency and living conditions by reducing negative impacts on the environment), as well as responsible professional management and maintenance of residential buildings by professional managers in order to create conditions for functional and safe housing. In addition to the legal personality of the owners of separate parts (condominium), housing communities have become legal entities with separate legal personality. In the author’s opinion, the advantages of professional management of residential building has been confirmed in practice. Thus, the paper emphasizes the need to amend the HBM Act in order to introduce provisions on the mandatory professional management and maintenance of residential buildings, risk insurance, and contractual regulation of mutual relations of the owners of separate parts (condominium).
LEGAL CONSEQUENCES OF THE DEATH OF AN EMPLOYEE
An employment relationship is a legal relationship, which, like any other legal relationship, ceases to produce its legal consequences in the case of the termination of the existence of one of the contracting parties. The employment contract does not have legal consequences if the employer ceases to exist, through bankruptcy or liquidation, but also in the event of the employee's death. Upon a natural person's death, his rights and obligations cease and are transferred to his heirs. However, not all rights of a natural person are inheritable, only those that have a property law character, while those that were related to the personality of the deceased are not inherited. In the event of the death of an employee, the question arises, which rights the employee had can be inherited and which cannot, that is, which are of a property law nature, and which are related to the personality of the employee and therefore cannot be inherited. The death of the employee leads to the termination of the employment relationship, regardless of the will of the employer, i.e. „by force of law“, but it also produces other consequences for the employer, considering that he has certain financial obligations towards the family of the deceased employee, and also towards the deceased employee because he is obliged to pay all the income that the employee earned until his death. After the initiation of probate proceedings, the sums paid by the employer to the deceased employee's account enter the probate estate and become the subject of inheritance. Family members exercise the rights they have towards the employer based on the death of the employee directly with the employer. By these rights, we mean compensation for the costs of funeral services and possibly the right to joint assistance, if it is provided for by the general act of the employer or the employment contract, given that the same is not established by the Labor Law. One of the open questions is whether family members can claim rights from the employer, i.e. whether they submit the request for rights individually or jointly. Also, if the employee's death occurred as a result of an injury at work or an occupational disease, the family members of the deceased employee would have the right to claim compensation from the employer. The Labor Law does not regulate in detail the consequences that occur in the event of the death of an employee, except for the right to compensation for the costs of funeral services that the family members of the deceased have. However, with special collective agreements, the rights of family members are much more precisely regulated. To resolve other open issues, which are related to the consequences that occur in the event of the death of an employee, it is necessary to apply the rules of inheritance law, considering that in this case, it is a border area between inheritance and employment law.
ELECTION OF CONSTITUTIONAL COURT JUDGES AS A GUARANTEE OF CONSTITUTIONAL COURT INDEPEDENCE
In a system of government based on the principle of separation and balance of power, the constitutional court is considered to be an autonomous and independent constitutional authority. The independence of the constitutional court also implies the independence of its members from all other power holders and from the state bodies that participated in their election. The election of judges of the Constitutional Court is one of the most important guarantees of its independence. In addition, the selection of the Constitutional Court judges is a guarantee securing its legitimacy, preservation of its function as a politically neutral government, as well as the selection of persons with appropriate professional and personal qualities. The paper analyzes the legal requirements that judges must meet in order to qualify for this important judicial position, different election models, and the length of judicial mandates. After providing an overview of the comparative law solutions on this matter, the author focuses on the rules provided in the Constitution of the Republic of Serbia (2006). The aim of the research is to analyze the existing constitutional and legal provisions of other countries and compare them with the provisions in Serbia in order to address the following question: what is the key to the survival of this institution as an independent, impartial, politically neutral and professional authority.
LEGAL GROUNDS FOR POLICE OFFICERS’ BODY-WORN CAMERAS
Police organizations at the beginning of the 21st century are implementing body worn cameras (BWC). The use of BWC is based on specific legal provisions under which police officers record their actions and collect or process personal data. Based on the right to access to public information, the data collected in this way may become available to interested parties and pose a threat to the privacy of citizens. The Serbian police, following the trends in the modernization of world police forces, started a BWC implementation pilot project in September 2023, which should be followed up to a decision on their implementation in police practice. For this reason, legal provisions for the use of cameras in comparative legislation and ways to protect the privacy of citizens have been examined and analyzed in this paper. By analyzing comparative legislation and the Serbian Police Law, certain normative solutions regarding the use of BWC and the protection of citizens' privacy have been proposed.
AI Technologies in Legal Education: Milestones and Signposts for AI Integration
Abstract: Artificial Intelligence (AI) has prompted change in many walks of life but also generated ample concerns. The application of AI technologies in legal education and practice is still a contentious issue due to the lack of a comprehensive normative framework and structured approach to AI integration. In this context, this paper explores the use of AI technologies in legal education at the international and national levels. After the introductory overview of diverse approaches to AI integration worldwide, the paper first explores the integration practices in developed countries and the current circumstances in Serbia in order to identify good practices which may serve as guidelines in the process of integrating AI technologies in Serbian legal education. Relying on the research results, the second part analyzes how the major AI integration issues have been addressed by law schools in developed countries, particularly in view of instituting viable frameworks for structured, responsible and flexible applications in their legal contexts. Reviewing the key findings, the author discusses the implications, opportunities and considerations for AI integration in Serbian legal education, based on the blended learning and integrated curriculum frameworks aligned with the principles of human-centered, competency-based and pedagogy-driven instructional design
CONFLICT BETWEEN TAX LEGISLATION AND BANKRUPTCY LEGISLATION IN THE COMPANY REORGANIZATION PROCEDURE: DESTABILIZATION OF THE UNITY OF THE LEGAL ORDER
Сврха рада је указивање на неопходност решавања сукоба стечајних и пореских прописа у поступку реорганизације, полазећи од одговора на питање: Може ли се примењивати lex specialis закон „дерогиран“ општом нормом пореских прописа, уз сталну опасност употребе принудног механизма наплате? Отпис и сукцесивна исплата потраживања као једна од основних алата реорганизације, угрожена је новелама пореског закона. Нерешавање тачака спорења два закона узрокује правну несигурност; са једне стране отвара пут конзумирању широког спектра мера које омогућавају стечајни прописи, а са друге употреби пореског принудног апарата, која може довести до неотклоњиве штете по друштво, његове чланове, повериоце, a и саму пореску управу. У циљу најповољнијег намирења поверилаца након отварања стечајног поступка, неопходно је најпре идентификовати циљеве сукобљених законских норми, затим решавати постојеће противречности циљева, и на крају их редефинисати кроз решавање сукоба закона у складу са друштвеним околностима у којима се ти закони примењују.
ЗНАЊЕ И ИСКУСТВО (KNOW-HOW) КАО ПРЕДМЕТ ЛИЦЕНЦЕ У ПРАВУ КОНКУРЕНЦИЈЕ ЕВРОПСКЕ УНИЈЕ И РЕПУБЛИКЕ СРБИЈЕ
У раду се анализира знање и искуство као предмет лиценце у контексту права конкуренције Европске уније и Републике Србије. Право конкуренције Европске уније на детаљан нагулише групно изузеће уговора о лиценци од забране рестриктивних споразума. Знање и искуство, као предмет лиценце, мора да испуњава јасно дефинисне услове у Уредби ТТБЕР како би такав уговор могао да ужива погодности сигурне луке. Главне карактеристике знања и искуства су тајност, значајност и препознатљивост. Поменуте карактеристике представљају три услова који кумулативно морају бити испуњени како би предметни скуп практичних информација представљао знање и искуство у смислу Уредбе ТТБЕР. Аутор је у раду на детањан начин анализирао кључне карактеристе знања и искуства са аспекта права конкреунције ЕУ. С друге стране, српско право конкуренције још увек не нормира институт групног изузећа уговора о лиценци од забране рестриктивних споразума. Групно изузеће уговора о лиценци биће регулисано након што уредба о групном изузећу споразума о трансферу технологије буде донета. Наиме, Комисија за заштиту конкуренције припремила је Нацрт Уредбе о споразумима о трансферу технологије који се изузимају од забране. Поменута уредба требало би да уреди услове за изузеће од забране споразума о трансферу технологије, имајући у виду специфичности поменутих споразума. Предложена решења у поменутом нацрту уредбе која се односе на знање и искуство предмет су анализе у раду.
ON THE NEED FOR LONG-TERM CARE AND THE ROLE OF THE STATE IN PROVIDING IT
As societies progress through the processes of industrialization and socioeconomic development, they undergo a demographic transition characterized by increased life expectancy, a growing proportion of elderly individuals within the overall population, and the survival of population subgroups that, in earlier times, often did not reach adulthood. Although the precise effects of prolonged life expectancy on overall health status and the prevalence of disability remain uncertain, and the influence of advancements in medical science and healthcare practices on the quality of life in old age is not easily quantifiable, it is nonetheless clear that increasing longevity inevitably leads to a rising number of individuals requiring some form of long-term care services. This demand is further exacerbated by an increasing prevalence of chronic illnesses and disabilities not only among the elderly but also within younger age groups, as well as by significant transformations in family structures and caregiving models. The traditional model, based on geographically close family members providing unpaid and direct care, is gradually being replaced by models of care provision that rely on long-distance support and formal caregiving systems. These sociocultural and demographic shifts have significantly reduced the availability of informal caregivers, thereby increasing the pressure on formal care systems and the need for organized and institutional responses. Despite the uncertainties regarding the complex interplay of demographic aging, shifts in familial roles, and changing health profiles of the population, there is little doubt that contemporary societies are facing a steadily growing need for the establishment, regulation, and maintenance of comprehensive long-term care systems for persons dependent on the help and support of others in their daily lives. In this context, the role of the state becomes crucial—not only in terms of defining public policy priorities and legal frameworks but also in terms of ensuring equitable access, financial sustainability, and the coordination of diverse service providers. This paper discusses the structural determinants of the growing need for long-term care and critically examines the responsibilities of the state in meeting this need, particularly in light of the increasing gap between the demand for care and the available resources—both human and institutional.
REVIEW OF THE JUDICIAL PRACTICE OF THE SERBIAN SUPREME COURT AND COURTS OF APPEAL IN FAMILY MATTERS
Almost twenty years have passed since the Family Law of the Republic of Serbia was adopted. It is a chance to address its application in practice, especially through the functioning of the Supreme Court of and the courts of appeal. In her paper, the author provides a summary overview of the court practice of these judicial instances in family law matters, since the start of application of the Family Law until today, and all her attention is focused particularly to family law institutes the application of which has proved to be the most controversial in practice. These are legal status of cohabitation, establishing child’s origin, deprivation of parental rights, support, property relationships within family, and domestic violence. The author in her paper, using primarily the method of content analysis (courts’ decisions), but also legal and dogmatic, normative and legal, and historical and legal methods, through an analysis of some selected rulings of the Supreme Court and the courts of appeal of the Republic of Serbia, also finds and highlights the differences in viewpoints of such courts relating to almost identical family matters, implicates disparities in the functioning of the same court instance regarding such identical controversial family law case and an unequal treatment of parties in proceedings thereof. In the author's understanding, a large number of controversial family law cases in the domestic judicial practice is a real indicator of the collapse of family as the basic cell of the society and it can be reduced, from the legal point of view, by “eliminating” the observed uncertainties and inaccuracies in the Serbian Family Law, providing some guidelines for a closer determination of the used legal standards and filling all the legal gaps observed by the court practice and theory. Additionally, it is necessary to create, along with the existing ones, a new legal mechanism that would contribute to a more quality court practice harmonisation in the domain of civil law matter in the Republic of Serbia.
BASIC PROBLEMS IN LEGAL REGULATION OF DIGITAL ASSETS: EXAMPLES IN THE USA, EU AND SERBIA
Modern financial technologies (Financial Technologies - FinTech) have improved traditional finance, while at the same time building a fundamentally new financial alternative. The application of FinTech has created digital financial products that are legally regulated, however, many crypto products remain outside the law. The cryptocurrency market is a digital decentralized system that operates according to its own rules that users voluntarily accept, using personalized digital transactions. The application of FinTech in banking represents a legal activity of banks with the aim of strengthening competitive advantages in providing financial services, while part of the digital improvements are required by central banks. In contrast, Blockchain technology has created a digital financial alternative, which, by using the Internet and sharing original digital records, between networked users around the world, allows individuals to directly manage their digital wallets via phones and computers, without centralized control and outside of banking systems. In the initial period of application, Blockchain technology created resistance and was ignored by state regulatory bodies, but after several years of application, the process of legal regulation of digital products and markets that were created on the basis of Blockchain and other digital technologies began. Legal regulation of already developed and widely used digital markets and assets is the topic of this paper, with special attention to legal solutions in this area in the USA, the EU and Serbia. The challenges of legal regulation of digital assets are numerous, from insufficient knowledge of digital technologies to the impossibility of legal norming of decentralized digital segments. It is necessary that the creators of law, as well as the persons who apply it, have basic knowledge of modern digital technologies.
DIRECTLY ELECTED PRESIDENT OF THE REPUBLIC AND HIS CRIMINAL LIABILITY
Conceptualizing and defining the executive power, particularly the presidency as its primary exponent, is a pressing issue in constitutional systems that have adopted the third model of power organization, known as the semi-presidential system. This challenge emerges from a justified apprehension regarding an overly strong executive branch and the attendant risks of systemic deformation into a personalized, unlimited, and arbitrary rule. The direct election of the president confers upon that office a legitimacy that is inherently stronger than that of the parliament, whose authority is essentially an aggregate of individually elected parliamentarians. In the national legal framework of the Republic of Serbia, the direct election of the president is a constitutional solution introduced with the advent of civic constitutionality and pluralism during the 1990s. Given the absence of a tradition involving a political system characterized by equitable rules between the government and the opposition, this modality led to a deformed constitutional democracy. Despite certain fluctuations during this period, there was a discernible tendency toward strengthening the role of the president and, at times, even achieving his absolute dominance over the executive branch as well as in relation to the legislative and the judicial branches. Since the election of the current president in 2017, this trend has evolved into a form of personal power that might be categorized as a “constitutional dictatorship.” The directly legitimized president, who concurrently serves as the leader of the most influential political party, has extended his authority over all three branches of government. Contrary to constitutional provisions, he has assumed the roles of both head of the executive and leader of the parliamentary majority, ultimately exerting influence over judicial bodies that are unable to operate independently because no branch of government is tasked with establishing the conditions necessary for an autonomous and impartial judiciary. The legal accountability of the president, as a fundamental republican principle, fails to yield the desired effect even in more developed constitutional democracies. The formal framework for holding the head of state accountable in Serbian national law suggests that the criminal accountability of the president for the gravest offense, namely “violation of the Constitution,” is too readily subsumed under political accountability, as it is determined by the parliamentary political majority. When one considers the underdeveloped structure of the Serbian parliament, characterized by a weakened and largely ineffectual opposition, as well as the absence of the requisite conditions for the operation of an independent judiciary, it becomes apparent that the procedure for removing the president of the Republic is entirely unfeasible.
SUSPENSIVE EFFECT OF AN APPEAL IN ADMINISTRATIVE AND TAX PROCEEDINGS
In this paper, the authors analyze the suspensive effect of an appeal in the course of resolving an administrative matter, and the suspensive effect of an appeal as a regular legal remedy in a tax administrative procedure. In addition to the analysis of the suspensive effect of an appeal in administrative procedure, the authors examine the suspensive effect of a complaint in an administrative dispute, starting from the fact that the procedure for resolving an administrative matter, in practice, often does not end before the administrative authorities in the original administrative procedure. Rather, the procedure upon appeal continues before the court, thus integrating the systemically connected resolution of the administrative matter within the administrative-judicial procedure. As a rule, an appeal as a regular legal remedy in a tax proceeding does not have a suspensive effect. The reason for this is the protection of the financial interest of the state, given that taxes and other duties for financing public needs are determined in tax proceedings. Considering that an appeal as a regular legal remedy in a legal proceeding was introduced with the aim of protecting legality and the rights of the parties, there is an impression that the need for efficiency of the fiscal system takes precedence over these goals. In this paper, the authors aim to address several tasks: 1) to establish whether the current form of the suspensive effect of an appeal in administrative or tax procedure contributes to the effectiveness of the aforesaid legal remedy; 2) to assess the quality of the legal regulation of the suspensive effect of a complaint in an administrative dispute proceeding; and 3) to offer solutions to these issues de lege ferenda based on the obtained research results.
NEUTRALITY AS A JUDICIAL VIRTUE: ESSENCE, SIGNIFICANCE AND RELATED TERMS
Usually, the key characteristic of courts and judges is their independence. More precisely, the independence of a court concerns its separation from other branches (functions) of state power that do not have command or supervisory powers over courts, while the independence of a judge concerns the absence of influence on him by other (especially state) entities regarding the conduct and outcome of the process. In addition, it is important that judges decide impartially, i.e., that they act without prejudice towards the participants in the judicial process. In other words, a judge must treat the participants in the process (e.g., the prosecutor and the defendant) equally, i.e., he must not be biased towards any of them. Without diminishing the importance of the independence and impartiality of judges, we believe that it is equally valuable to analyze the neutrality of a judge, i.e., the judge's attitude towards the positive law. When a judge reasons legally, he is obliged to consider the applicable law as the exclusive reason for deciding and justifying the decision, i.e., the role of a judge is not to evaluate the substantive validity of the positive law, but to apply it. In other words, it is not up to the judge to correct the substantive errors of the legislator or other lawmaker. If a judge evaluates the applicable law and deviates from it due to his own substantive (e.g., moral) views, then one cannot speak of legal reasoning. This does not mean that the judge should ignore the values ​​contained in the positive law, but rather that the judge must not replace the lawmaker's value judgments implemented in law with his own value judgments, since the judge's duty is to resolve disputes from the legal point of view.