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The subject of the author's analysis is the issue of legal protection of pet animals. Through analysis of applicable provisions contained in the Act on Animal Welfare of Serbia, on one hand, and the fundamental principles and provisions set out in the European Convention for the Protection of Pet animals, on the other hand, this paper attempts to point out the degree of legal protection that pet animals are awarded under domestic legal regulations, as well as to answer the question of compatibility of the national legislation with the international standards set out in the mentioned European Convention regarding the above mentioned question. In addition, since the legal protection of pet animals is also regulated by relevant by-laws in our law, the analysis of certain aspects of protection provided to pet animals, specifically the Decision of the city of Novi Sad on keeping of domesticated animals, the paper attempts to draw attention to compliance of the solutions adopted in this legal act, with the fundamental principles of protection, provided to pets by laws or the Act on Animal Welfare of Serbia. Finally, in order to provide a more comprehensive insight in terms of achievement of the legal protection of pets in Serbian law, the paper analyzes the types of unlawful conduct of the owner or the holder of the animals, as well as their respective sanctioning prescribed in specific laws or bylaws. [ABSTRACT FROM AUTHOR]

This paper analyses fiduciary agreements, which, as a form of contract, that is the means of securing obligation and legal claims, are regulated by provisions of specific laws and codifications in some of the European Union countries. Even the Montenegrin legislator enacted a special law governing these legal matters, however in the Serbian law fiduciary agreements fall into the category of innominate contracts. Fiducia originates in the Roman Law and constitutes the first common form of the pledge law. The Latin term fiducia means „trust“, since these legal matters were, first of all, based on the trust between contractual parties. This paper addresses the institution of „trust“ as it is the Anglo-Saxon counterpart of the fiduciary agreement. Etymologically, „trust“ has the same meaning as the term fiducia - trust. Due to their advantages, fiduciary agreements are not even uncommon in the domestic legal practice, while there are certain, as we have already announced, theoretical, but also practical concerns arguing admissibility of this legal matter. These arguments mainly come down to the thesis (mentioned above) that entering into the fiduciary agreement results in violation of the ban on performance of contract lex commissoria in the pledge law. Nevertheless, I provided explanation that differences between contracts of pledge and fiduciary agreements clearly point to the conclusion that fiduciary agreements may not be treated as a pledge, hence they are admissible, that is, they are concluded on the principle of contractual freedom as an imperative norm of the Law on Obligations. Fiduciary agreements (in relation to the realistic means of security) offer to the creditor a higher level of security, reduce the period of payment of his claims, also providing practical benefits for the debtor himself. The paper presents the reasons supporting the view that it would be advantageous for the Serbian legislator, in the process of harmonisation of the legislation in the field of Civil Law with the European Union law, to regulate the institute of fiduciary agreements under the special law, integrate it into the Law on Obligations or make it a part of the future Civil Code of the Republic of Serbia. [ABSTRACT FROM AUTHOR]

Just as there isn't a generally accepted meaning of the term law, there still isn't a completely clear and defined meaning of the term autonomous law. There is a big interest for the autonomous law in practice and theory, sociology and law anthropology. Five main meanings are attributed to this term: autonomous law as a theoretic notion, a subsystem of law, source of law, law of work and autonomous identity law. When it comes to autonomous law as a theoretic notion it is closely linked with the idea of legal pluralism. This paper follows the development of the understanding of legal pluralism from Duguit, Ehrlich, Petrazycki, Gurvitch, through, Evan, Llewellyn, Hobel, to Vanderlinden and Jean-Guy Belley. The paper ends with 'a new legal pluralism' which has a tendency to become the only right school (legal orthodoxy). [ABSTRACT FROM AUTHOR]

Introduction emphasizes that the paper deals with the analysis of the economic effects of the EU Directive on trade with pollution permits. The ideas of trading with pollution permits have their theoretical origins in the economic analysis of law. The second part provides an overview of the two main trading systems with pollution permits. In one system is limited the total mass of pollution that can be traded. This system is essentially a pure tradable permit system. The second system is based on trade with pollution reductions in the future. This section, also pointed out the existence of the possibility for manipulation with the market for pollution permits. There is also a review of basic forms of manipulation. The third part is dedicated to a comparative analysis of the effectiveness and efficiency of various trading systems with pollution permits. Special attention is given to the impact of the opportunity cost on preferences by certain companies. In the fourth part the paper analyzes the Directive of the European Commission 2003/87 and 2009/29 on trade with pollution permits, and the expected results in the reduction of pollution for each of them. The fifth part of the paper predicting the behavior of companies within the EU as a result of the Directive 2003/87 and 2009/29. In the sixth and final section the paper concludes that: trade with pollution permits can be an effective instrument in the battle against environmental pollution. But unfortunately sometimes could produce unintended results. [ABSTRACT FROM AUTHOR]

This paper considers taxes related to passenger cars and possibilities of their use in order to reduce carbon dioxide and other greenhouse gas emissions. Therefore, this paper considers ecological potential of non-recurrent taxes in connection with the purchase and registration of passenger cars, periodically charged taxes on the use of passenger car and excises in the European union. At the end, the author presents legislation related to motor vehicles taxes in Serbia and analyzes their ecological functions, and points out the shortcomings of the existing legislative solutions. [ABSTRACT FROM AUTHOR]

The paper deals with the issue of regulation of the right of natural and legal persons to environmental information, in relevant international legal documents. There is a survey of certain international conventions which envisage this right in their field of regulation. The right to access the information is in details regulated in the Aarhus Convention, which comprises significant part of this paper. This kind of regulation of the right to environmental information has performed a significant influence on states and international organizations, which created their domestic and international rules, using the solutions from this Convention. The European Union has enacted a significant number of directives on the right of a public to receive environmental information. The special emphasis will be on the work of the Aarhus Convention's Compliance Committee which has a significant role in supervising and deciding about the compliance with the application of the Convention in its member states. [ABSTRACT FROM AUTHOR]

Legal position of illegitimate children according to 19th century Montenegrin legislature is examined in this paper. Provisions on personal rights, property rights and rights of succession of illegitimate children are presented and critically analyzed. Children born out of wedlock were not equal to children born in lawful marriage. Therefore, significance of legalization of illegitimate children regarding improvement of their legal status is accentuated. As non-marital relationships were condemned in patriarchal Montenegrin 19th century society, illegitimate children were considered a product of sin and family disgrace. Hence, legislative attempts to protect their interests and improve their legal position are emphasized in this paper. [ABSTRACT FROM AUTHOR]

The paper offers analysis of two issues. The first is the overview of the legal basis of international family law and it's sources under the Treaty of Lisbon on the Functioning of the European Union, and the second the case law of the European Court of Justice. Since 1999, when the Treaty of Amsterdam came into force, four regulations were adopted in matters of international family law as secondary sources of EU law, and three of them came into force. National courts of Member Staes are bound to apply directly three regulations, but so far only the interpretation of Brussels II bis Regulation has reached the European Court of Justice. Some of the judgments of the Court could be of interest for Serbian private international law. The reason is in the fact that the Court gave rulings on issues and concepts which are not defined in Serbian law, so they could influence the development and definitions of the those in the course of drawing up the new Act of Private International Law in Serbia. The paper reviews the Sundelind Lopez, the Hadady, the Case A. and the Mercredi judgments. [ABSTRACT FROM AUTHOR]

Kingdom of Serbs, Croats and Slovenes was characteristic agrarian country. Agriculture was basic branch of the economy in all parts of the state. One of the most important issues in the Kingdom of Serbs, Croats and Slovenes was agrarian issue. Various and specific structure of land possession in different parts of the country and revolutionary mood in villages among the peasants, were the reasons which justified taking actions to organize and carry out agrarian reform in the Kingdom of Serbs, Croats and Slovenes. The legal regulations were very important for proper execution of democratic land reform. The author explains the most important legal regulations that were passed in the course of the democratic land reform in the Kingdom of Serbs, Croats and Slovenes. The administration which was responsible for organization and execution of democratic land reform in Kingdom of Serbs, Croats and Slovenes is also briefly shown in the paper. The paper also presents how implementation of agrarian legislation and functioning of agrarian administration looked like in practice through an interesting case of medium-sized holding. [ABSTRACT FROM AUTHOR]

The author deals with the subject in this paper divided into introduction, five chapters and conclusion. In the introduction author gives a brief discussion on the possibilities and negative aspects of a settlement in a criminal proceeding. The first chapter deals with a brief history of origin 'plea bargaining' in judicial practice and legislation of United States. The second chapter deals with the issue of choice of form of procedure and types of settlement. The third chapter presents arguments which justify the plea bargaining. The fourth chapter is devoted to criticism of the plea bargaining. The fifth chapter deals with the evaluation of the settlement and the prospects for reform of the institute. In a brief conclusion the author raises concerns about the danger of an uncritical acceptance of the plea bargaining and its restoration in other legal systems. Author emphases that the acceptance of this institute is possible only with caution and adjustment to given legal system. [ABSTRACT FROM AUTHOR]

This paper analyzes a topic which is highly ranked in law reviews throughout the world, due to the fact that gestational surrogate motherhood as a fact of life is subjected to very different legal regulation worldwide. Taking advantage of the lack of an international legal framework in this domain and the permissive national regulations of some states, persons who want to become parents of a child who is genetically related to them, use the services of surrogate mothers abroad. The legal parenthood the commissioning persons acquire in the country where the surrogate mother gives birth to the child, and the connected legal status of the child, however, is called into question, because the effects of the international surrogacy are submitted to the rules of private international law of the local state whose nationals the commissioning persons are and / or where they have their residence. The problems are shown through three selected cases of comparative judicial and administrative practices, illustrating the practical difficulties, and speaking in favor of initiatives for drawing up international legal framework for gestational surrogacy with cross-border effects. [ABSTRACT FROM AUTHOR]

The paper analyzes the whole system of legal norms regulating the electoral matter in order to determine the actual scope of the implementation of international standards " full and effective equality "of members of national minorities in the political life in Serbia. Sufficiency of the measures of positive discrimination in electoral law of the Republic of Serbia is focused on two questions. The first question relates to the regulation of the number of signatures required for the determination and declaration of election lists. The second question relates to the applicability of legal electoral threshold or minimum requirements in terms of the number of votes which must be received for participating in the distribution of seats in case of parties of national minorities. There were very serious differences about these issues in practice and it also had the practical consequences. Legal rules in the election matter only know the exclusion of legal electoral threshold in the final stage of the selection process as a measure of positive discrimination. This is the sufficient measure by which the members of national minorities could be put on an equal position with members of the national majority in the race to win seats. [ABSTRACT FROM AUTHOR]

The paper continues the story of corruption as a socially harmful phenomenon that affected all societies, from ancient times, through mediaeval times, to modern age. Although the concept of corruption changed in the course of history, the essence has remained the same: it encompasses the abuse of power, corruption, bribery, and offering gratuities in exchange for favours. We shall here focus on the manifestations of corruption in the Middle Ages, the period which coincided with the feudal socio-economic formation, both in its western European variety and in the Byzantine type of feudal society. In the twelfth century, the Byzantine emperors introduced the practice of granting property in land or some other source of income - pronoia - to prominent individuals as a reward for their merits. In contrast, what could be observed from the very beginning in barbarian countries, which were established in the territory of the former Western Roman Empire, were the classic vassal relations, where a fief presented the foundation of the medieval social order; it was land property which the feudal lord (suzerain) granted to his vassals (military commanders and units) to enjoy, manage, but not control independently. By giving land property - a pronoia or fief to a pronoiario or vassal, the feudal lord (suzerain), in a way, "bought" their personal loyalty. Particularly conductive to corruption was the hierarchically arranged and ramified bureaucratic apparatus of the mediaeval state. Although the Byzantine highest-ranking bureaucracy was paid for their work, their arbitrariness, bribery, coarseness, and incompetence resulted in strengthening corruption. On the other hand, the greatest influence on the kings in the barbaric mediaeval states was exerted by their commanders (dukes) and entourage, who often selfishly abused the benefits bestowed upon them by the kings. Polybius' statement that "the government has made people prone to bribery and greedy" proved to be very topical in the mediaeval society. [ABSTRACT FROM AUTHOR]

When determining the goal i.e. the purpose of the legal provisions in the process of interpretation, legal principles are used in all the fields of law. Their role in this procedure is extremely important because they constitute the least common denominator of all the provisions pertaining to the certain law i.e. to the certain field of law, and therefore they may be used for the interpretation of their goal. Since criminal law consists of several legal principles, the science made a hierarchy or list of priority among them, in which the principle of legality is on the first place, while all the others are second ranked or are neglected. In this paper the author disrupted this hierarchy of criminal law principles by criticizing the reasons that led to it and by pointing to their obsoleteness and being out of dated. As much as legality was needed at the time when it was created as a natural companion and guardian of hardly achieved but still unsecure freedom of people, today when the freedom is undisputable, it lost its importance. The possibilities to abuse the criminal law do not lay today in non-written criminal law provisions created to be similar to certain cases that have backward application in time, which create a danger to the citizens' freedom and which are prevented by the principle of legality. They lay in their value variable dimension which is emphasized when it is interpreted teleological, i.e. by interpreting its goal. And that means that it is interpreted in accordance with its main function -- protection of certain values i.e. when the provisions of the Criminal Code related to the purpose of the criminal law and purpose of punishing are (ab) used, and those are the provisions that were shaped by the science in the principle of legitimacy. For this reason it is necessary to change the hierarchy of the criminal law principles when performing the teleological interpretation in the criminal law. The principle of legitimacy shall come to the first place, while the principle of legality shall come to the second place. This will make it difficult to the interpreters of the criminal law to unjustifiably point out that they have satisfied all the condition precedents placed in front of them by the principle of legality, by not mentioning how they are unnecessary since the freedom is today undisputable value, while at the same time they are concealing the wide possibilities of efficient abuse of the principle of legality. [ABSTRACT FROM AUTHOR]

The detection, investigation and prosecution of crimes against the environment has its specificity compared to other forms of crime, because of the nature of these crimes, the manner of execution (modus operandi) and the characteristics of their perpetrators. Although there is no objective need for modification of the rules of criminal procedure with regard to these offenses, there is an obvious need for a specialized body of the procedure (prosecutors, judges and authorized officers of the internal affairs). This is due the fact that only specific additional, specialized knowledge about the environmental issues, which is usually multidisciplinary, can provide high-quality, professional and competent research and detection of crimes against the environment. In this paper, the authors deal with the problems of specialization of judicial and other authorities in connection with criminal proceedings for offenses against the environment, of reasonableness and necessity, given the current situation in domestic practice, as well as some comparative solutions and experiences. [ABSTRACT FROM AUTHOR]

The paper is based on the statement that the adequate legal definition of waste is one of the key prerequisites of successful implementation of regulations on environmental protection. By analysing EU, German and Serbian regulations, the author comes to the conclusion that for the concept of waste several elements of the objective and subjective character are necessary. It is necessary to objectively determine waste as chattel. However, in order for a thing to become waste, it is necessary for its possessor (who may not necessarily be the owner) to disclaim it, want to disclaim it or be required to disclaim it. Therefore, in the conclusion of the analysis waste is legally defined as any chattel its possessor disclaims, wants to disclaim or is required to disclaim. [ABSTRACT FROM AUTHOR]

The paper discusses the need to protect the legitimacy of decision-making process in investment arbitration through public access to the proceedings. Unlike commercial arbitration, investment arbitration entails decisions on state responsibility for measures directed towards protection of environment, lives and health of its population or human rights. Presence of the public interest in such disputes brings under strong criticism a traditional characteristic of arbitration process -- its confidentiality. The problem of democratic deficit of decision-making can be resolved, inter alia, by allowing persons who are not parties to the dispute to participate in the proceedings if they consider that their interest might be affected by arbitral award. The 2006 Arbitration Rules of International Centre for Settlement of Investment Disputes envisage, subject to approval of the Tribunal, the right of a non-disputing party to file a written submission with the Tribunal regarding a factual or legal issue connected with the subject matter of the dispute. However, without right of those entities to attend arbitral hearings and, more importantly, without their access to documents submitted during the proceedings, this is not by far enough to give "friends of the court" a meaningful and significant role. [ABSTRACT FROM AUTHOR]

During last few years, Republic of Serbia has been allowing significant resources for subsidizing purchase of apartments and residential construction. Explanation for this is desire to help construction sector to overcome consequences of economic crisis, as well as social categories to solve housing issue. The paper analyzes economic consequences, benefits and costs of conducting this economic policy, as well as reasons leading to its establishment. [ABSTRACT FROM AUTHOR]

According to the most recently available data, between 7 and 9 percent of couples who wish to have children suffer from various kinds of infertility. Through application of different methods and procedures of modern medicine the problem of infertility can be solved in about 85 to 90 percent of cases. This is primarily due to development of various procedures bio-medically assisted fertilization (hereon after: IVF). However, expenses of those procedures are still exceptionally high. Furthermore, it should be noted that the successfulness of the IVF in one cycle amounts to 25 to 30 percent. This is the reason why there is often a need to go through 3 to 4 cycles in order to achieve desired result. Couples who enter the procedure of IVF attempt in several ways to overcome or at least reduce financial difficulties connected with it. On method of overcoming financial difficulties, still unavailable in Serbia, is private insurance that would cover the expenses created in connection with the IVF. Unlike insurance laws of developed countries (i.e. Germany, United States etc.), insurance companies in Serbia do not include this type of insurance in their offer of private health insurance. Moreover, typical policies of private health insurance explicitly exclude expenses incurred through treatment of infertility and application of the IVF procedure. This paper deals with a possibility of introduction of this type of insurance to the practice of Serbian insurance companies, as well as conditions which could be set for realization of claims based on it. [ABSTRACT FROM AUTHOR]

This paper makes a critical appraisal of the provisions of the 2005 Hague Convention on the Choice of Court Agreements from the perspective of Serbian Law. First, it is noted that the Convention does not apply to submission and does not regulate the effects of belated invocation of the existence of the choice of court agreement before the court not chosen. It also does not prevent that the reverse situation, that the party invokes nullity of the choice of court agreement past the initial stage in the proceedings. Secondly, the res iudicata effect of domestic arbitral awards seems to be jeopardized by the provisions authorizing the court of the contracting state to refuse to recognize and enforce a judgment of the other contracting state based on the choice of court agreement, solely if the judgment is inconsistent with a judgment given in the requested state (and not if it is inconsistent with an arbitral award given in the requested state). Thirdly, and most importantly, great number of exclusions from the scope of application and some very broad grounds for non-recognition of foreign forum selection clauses makes this instrument less attractive than it should be. [ABSTRACT FROM AUTHOR]

Having in mind that the lead coming from mines and foundries, from the water conducted thought the aqueducts and finally from food and wine, endangered to a great extent the health of Roman population, in this paper the author tackles the possible impact of lead from these sources onto human health (environment) in Ancient Rome, as well as the debated question whether the lead pollution was one of the factors that caused the fall of the Roman Empire. [ABSTRACT FROM AUTHOR]

The subject that is studied in this paper is a complex issue of legal relations, namely interaction between the multilateral trade system of international trade within the WTO and the system of international multilateral agreements in the field of environmental protection. The status of environmental protection in the WTO shows the enhancing trend thanks to raising of awareness on seriousness of the global ecological crisis. Despite of that, it is still unsatisfactory, in particular in the sphere of treatment and legal significance of multilateral agreements in the field of environmental protection in the WTO. In compliance with the expressed needs, instead of declarative approach, it is necessary to enhance their formal-legal status and create a new global normative architecture of these relations. Due to these reasons, we advocate a long-term system solution, which implies changes in the WTO law, in particular in the segment of GATT via including international ecological agreements in its set of exemptions, with an appropriate use of transitional solutions. This is the only possible way to establish a stable and predictable system of coherence between these two spheres. [ABSTRACT FROM AUTHOR]

The paper examines the notion of non-point source emission as well as legal methods, procedures, for restoration of environmental damage. It is pointed out that non-point source pollution is generated from several polluters. Joint activity of polluters calls for measures of ecological restoration, instead of tort proceedings. However, non-point source emissions may result in standard case tort provided human health is affected, lives are lost or property is damaged or destroyed. In this article two types of tort proceedings are being examined: those initiated by an action for elimination of the source of pollution, when the environmental risk is emerging and an action for compensation of damages, when the damage has already occurred, prior to the action being filed. Further, the author points to the problem of causation given that with non-point emissions each individual act of emission does not cause damage by itself; however it contributes to an emergence of damage in joint activity with other emissions. For these reasons, lawmakers opted for joint and severe liability in cases of non-point emissions. [ABSTRACT FROM AUTHOR]

In this paper the author analyzes the Serbian and foreign laws regulating the issue of quality of surface and underground water. He points out that, due to the interconnection between surface and underground waters, the management of the issue of their quality requires an integral approach. The basic legal instrument for the quality management of waters is the water-use permit and the consent for industrial (special) utilization of waters, which are based on the registry on the status of waters and on the supervision of the fulfillment of the conditions set-out in permits. Concerning the issue of eligibility of the new beneficiaries of water-use permits, the author refers to the legislation of the European Union and to the national legislation of member states. They prescribe the instruments of preliminary environmental analysis and environmental permit that aim to assess the impact of new industrial facilities on the quality of waters and the envisage means of elimination of environmental hazards, which might potentially realize from the industrial facilities. [ABSTRACT FROM AUTHOR]

In the situation when before insolvency due time there are already signs of economic crisis and if there is consent of the majority of creditors, debtors are bona fide and economical viable, debtors have legal possibility to initiate preventive restructuring procedure, the consequences of which will be extended to dessenting creditors . When the possibility of restructure is announced there would be differences among creditors according to various estimates of the economic position of the debtor. So the will,decision of those who have the majority of debt should be obligatory to all. It Will be the only way to get common legal will of all creditors and the debtor, However, the European legislation in exceptional cases presupposes the ability to approve the preventive restucturing procedure of the debtor by the courts in the absence of consent of the majority of creditors. At the same time, without the consent of the debtor (on the initiative of the majority of creditors) preventive rehabilitation cannot be started. [ABSTRACT FROM AUTHOR]

Not much attention has been given to material sources of civil law, in newer legal literature. It is evident that we are missing deeper researches which would contribute to the development of legal science, as well as the legal regulative in that field. It would definitively show that simplified, student book presentation of material sources is insufficient and outdated since long ago. Today, a lot of factors influence forming of civil law, such as: human needs, available resources, social relationships, legal tradition, value system, level of economic development, involvement in integration processes, legal politics, etc. It is indeed a very complex and important issue, which demands cooperation between experts in different fields. The author also points out the need for working on development of anthropology, sociology, philosophy, ethics, economy and politics of civil law, as separate scientific disciplines. [ABSTRACT FROM AUTHOR]

In the Serbian Law and in the most of jurisdictions, there are limits on excercising the right of property. A real estate owner must refrain from activities by which the use of other real estate is being impoded through the emission of exessive gasses, vapors, smoke, heat, noise, the draining of waste water, etc. Neighboring real estate ownwrs must endure such harmful effects if they do not exceed the limit of usual endurance, taking into account the nature and purpose of such real estate, as well as local conditions. The property owner who is affected by emissions exceeding the set limit, has the right to request a stop of emissions which exceeded the allowed volume of emissions. If the emisions originate from some industrial plants, within the activity allowed by a state autority, one cannot request a cessation of such activities, but can simply seek damages. The issue of the invironmental protection in the Republic of Serbia is regulated by a number of particular substantive laws, with a Law of environmental protection of 2009. as fundamental Law. [ABSTRACT FROM AUTHOR]

On the sixth day of the tenth month of the eleventh year of the twenty first century, sixty six years after the first confiscation of property after the Second World War, a new law on general restitution of property came to light in Serbia. This play with numbers and words, as the article itself, aims at drawing the attention of legal scholars to the problems surrounding restitution in Serbia within the limits set by the law. Our intention was to point out to the incompleteness and shallowness of the Law by offering a systematic analysis, supported by arguments, of legislation on which the Law on Restitution rests and to propose suggestions that would help overcome difficulties in interpreting certain provisions of the Law, ultimately stating what the law ought to be (de lege ferenda). [ABSTRACT FROM AUTHOR]

Violence against women is the most common form of domestic violence. This problem has long been ignored, because it is considered that family relations, e.g. relations between married and unmarried partners are a private matter and the state's obligation was to refrain from any interference. However, since the problem of domestic violence against women has become increasingly common, the attitude of the international community began to change, and it was increasingly emphasizes the need to create adequate legal mechanisms to provide protection to the victim. In this sense, in the United Nations, and the European Union a number of laws were enacted. In Serbia, there is also both, criminal and civil law regulation that seeks to prevent domestic violence and to punish perpetrators and protect victims. In addition to adequate legal mechanisms, which can always be improved, it is necessary to take certain initiatives by states that can lead to improved awareness among the people about the presence of violence, and the ways in which they can help. [ABSTRACT FROM AUTHOR]

The article critically reexamines the cornerstone of the small claims procedure -- the limited appeal against judgment. The critic is based on the constitutional level of limiting the control of the of the first instance court's fact conclusions, what is well established concept in Serbian law. However, the subjects of the analysis are the recent legislative changes made in the reform of the Civil Procedure, which directly or indirectly refer to the limited appeal. The results show by this manner how dysfunctional conception of legislature is. [ABSTRACT FROM AUTHOR]

In the Republic of Serbia there are many agencies whose legal nature are different, in some cases even quite vague and confusing. In addition to the so-called. public agencies, as dependent administrative bodies, agencies as special organizations and agencies as public services, in our legal system since 2008. there is also the agency for the fight against corruption as "an autonomous and independent state authority." Since the Constitution of the Republic of Serbia does not recognize the agency as "an autonomous and independent state authority," its existence is, at the very least, extra-constitutional, if not unconstitutional. The experience of some European countries in the fight against corruption shows that in this struggle may participate the specialized state institutions, founded by the parliament or the government, with a greater or lesser degree of autonomy in their work The Republic of Serbia is one of those countries, in which besides the "classical" state authorities in the fight against corruption, participates the Agency for the fight against corruption, a government body that has a mixed legal nature. [ABSTRACT FROM AUTHOR]

Enjoy immunity protects MPs from the influence of other authorities. This protection was determined according to the criminal liability of members. This immunity is immunity from liability in addition, Classical parliamentary privilege in democratic countries. All European countries in transition in the nineties of the last century have applied these immunities, but they themselves are further expanded. [ABSTRACT FROM AUTHOR]

From the landlord to victim, nature and our environment have gone the long way. It is destructed by the man, the only one that become from her. Deep ecology is a kind of philosophical theory , which would like to lead us to protect and respect our environment again, as we did it before. While trying to reconcile disfunctional parts of our lives and our indstialized present, deep ecology tried to resolve some rather important ecological issues. Although it is said that deep ecology is a kind of general and not so successful ecological philosophy, that it is quiet misanthropic, almost terroristic, this theory has been populated thru decades, especially in USA and scandinavian countries. We think that it is important to know where are its „rights“ and „wrongs“, so that we can make our future better. [ABSTRACT FROM AUTHOR]

The Republic of Serbia has built an extensive and comprehensive system of inspection control in the field of environmental protection. Through the specialization on various environmental issues in different areas of social life it is provided the comprahensiveness of inspection control, and through the establishing a wide network of environmental inspection services, it is created a fundamental prerequisite for the good functioning of the inspection in the field of environmental protection. The current organization of inspection services, however, represents only the initial legal basis, which should be further improved, for the possibility of effective exercise of the inspection in this area of ??social life. First of all, it should be made a detailed codification of legal rules on inspection control, by adoption a general law on inspection control, and then pass a special law on inspection control in the field of environmental protection, by which it would be introduced all standards set by Recommendation of the European Parliament and the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States. [ABSTRACT FROM AUTHOR]

Aging does not exclude some person s potential witness, but it is factor which can exert influence on tactics of examination of witness. it also influences the evaluation of testimony. Therefore, it is important to know the specific psychological functions of old men, which are in relation with testimony. The most importantpsychological functions are perception and memory. There are some negative subjective factors by aging as: weakening of sensul sensitivity, weakening of memory, reducing of intelligence, decelerating of psychomotor functions and negative influence of emotional and motivating process on perception. However, we must know that there are some individual differences between old people. Therefore, we should not deny the aged as a witness. The judge must always check the sensual sensitivity of witness, by putting the questions, by court s experiment or by psychological expert opinion. We must also take into consideration the specific features of the aged, when we interrogate them as a witness. In this sense, we can give some recommendations in regard to place, time and manner of their interrogation. That treatment has to enable the accurate and complete statement, from one side, and it also has to disable the harmful effect of criminal procedure to witness psyche, from the other side. [ABSTRACT FROM AUTHOR]

Flexibilization of labor is one of the most common ways to increase the efficiency and adaptability of the economy and companies in times of crisis and globalized economy. Flexibility of work can be internal, external, micro, macro, functional, numerical, financial. Ways of flexibilization can be quite diverse, ranging from deregulation of labor law regulations, through wider use of atypical forms of employment, flexible working time and work organisation, etc. Although labor flexibilization brings numerous benefits, it is also accompanied by many negative aspects. Flexibilization of labor may be harmful if it is carried out haphazardly and if it is not balanced with measures intended to preserve social security for workers during periods of change. [ABSTRACT FROM AUTHOR]

The author first discusses the overall unity of the total normative regulation, from which it is separated in the late Roman empire the right, but only in the new century and the morale. There are analyzed the relationship between the moral and ethical reflection and Weber's distinction between pure ethics will (Gesinnungsethik) and ethics of responsibility (Verantwortungsethik). The morale is determined by the good as the highest value, as a specific form of social norms but also as a kind of human behavior. These three definitions can be combined in an integrative approach. There are examined the dimensions of moral statements, subjective and objective side of morality, as well as the difference between morale and morality. A general notion of morale can not be defined in substantive but only in formal way. The formal definition is a constituent of general as well as of sociological concept of morale and it is related to morality as a social phenomenon. Its essence is to define the morale by specific norms, the characteristics of the internal and external mandatory (with the pricks of conscience as the most distinctive moral sanction and control exercised by the formal not institutionalized or diffuse society), and in consideration of morality as a social process (actions of people associated moral norms ). The basic types of social moral process - being, education, functioning and changing of morale are described. There are briefly analyzed the influence of society to the morale and social function of morale, with special emphasis on the relationship between law and morale. [ABSTRACT FROM AUTHOR]

Currently, the subsidies are one of the main sources of restrictions in international trade, and a disturbance factor of liberalisation process in that field, which is particularly emphasised in the times of economic crises. Due to its economic impact, such behaviour causes unavoidably the implementation of countervailing mesures. However, as its extensive use has the potential to turn them into the instrument of protectionism, it is necessary to deploy the appropriate legal rules in order to determine precisely the conditions and regime for the use of such subsidies, as well as the implementation of countervailing measures in the case of violation of that regime. The processes of liberalisation of our foreign trade system and constant foreign trade deficit make the need for protection of our own economy and creating of appropriate set of defence instruments against non-permitted/illegal subsidies in our law more and more relevant. The reply to that need in new economic circumstances was the enactment of a new Law on Foreign Trade Operations in 2009 and, in particular the enactment of the accompanying bylaws. Its rules in the field of subsidies have been largely harmonised with the requirements of the World Trade Organisations, and consequently with the European Union standards, in both the conceptual aspect and aspect of individual solutions. However, there is still a chronic issue of the lack of institutional and appropriate human resources assumptions for its full and optimum implementation. [ABSTRACT FROM AUTHOR]

After the Serbian Civil Code came out of force, property law in Serbia has not been systematically regulated. A number of statutory lacunae, a long-term practice of inadequate regulatory acts for property relations, poor quality of certain regulations, overwhelming number of pieces of legislation where property legal norms have been scattered, brought about the legal uncertainty in matters of property law. The most prospective solution for the given problem would be a new civil code or a new statute (code) which would comprehensively regulate property law. Despite the fact that these problems and the need to codify property law have been known, and that solutions have been advocated together with some efforts to achieve them, no significant progress has been made. The reason might be far simpler than it could seem at the first glance. [ABSTRACT FROM AUTHOR]

Serbia as a member of the Kingdom of Yugoslavia had the Law on General Administrative Procedure since 1930, only five years after Austria who was the first country in the world which codified administrative procedure 1925. This Law was applicable till the end of the World War II. A socialist Yugoslavia adopted its first law on general administrative procedure in 1956. This Law was amended several times, but never substantial. Instead, they carried out minor changes and amendments to this Act, mostly concerning only terminology. [ABSTRACT FROM AUTHOR]

When the goods are exported from one country to another an important question arises -- do the goods have to comply with the public law requirements of the seller's country, buyer's country or even with the rules in effect in some third country. The question is of high importance because the public law requirements, including standards established by environmental law, can have decisive impact on the possibility to use the goods. In order to avoid potential disputes parties should explicitly or implicitly stipulate the qualities of the goods and applicable public law standards. In case law, there are no uniform standards for determination and application of criteria for assessment whether the goods are in conformity with public law requirements. The best solution is to follow the rules established in Mussels case and to consider every case separately. Finally, according to our opinion, fitness for the purpose for which the goods would ordinarily be used does not imply the obligation of the seller to deliver the goods conforming to the public law standards of the import country, unless he knew or ought to have known of such standards. On the other hand, legal standards in effect in buyer's place or in the place of destination will be relevant when requirements for application of the Art. 35(2)(b) are fulfilled i.e. when particular purpose was expressly or impliedly made known to the seller and when the buyer relied on the seller's skill and judgement. [ABSTRACT FROM AUTHOR]

In parliamentary systems which are based on democratic constitutional order (with democratic elections, for example) position of the government is well-marked. Government is the primary political authority in these states. With such position of the government, constitutional systems of Hungary and of Serbia are not exceptions because the constitution grants to their governments a first class role in country governing. It is one of the similarities in the position of government in Hungary and in Serbia. But observing specific provisions about competence, about relation with the president of the republic and with the parliament, there are many specific differences. Those differences of constitutional norms do not impede the conclusion that both governments are practically superior to the parliament, as long as they have a majority in parliament. It is, after all, a characteristic of all parliamentary systems. Second characteristic which is important for government's position is its relation with the head of the state who is some kind of practical competitor for predominance in executive power. For the evaluation of that relation, every specific constitutional provision is important as well as the level of its feasibility since these provisions are the elaboration and the extension of the general formulation that in parliamentary systems government has executive power. [ABSTRACT FROM AUTHOR]

Current needs for further development of Serbian legislation relate to the field of collective employee-employer relations and their collective rights and obligations. These are the relations established by the workers' and employers' mutually, but also the relationship between them, on the one hand and the state on the other. In other words, this is the need to strengthen the industrial democracies (including the improvement of labour legislation in the field of collective rights of employees and employers, which is actually still in stagnation. The fact is that trade union movement in Serbia, social dialogue, collective bargaining on working conditions, employees participation in management are weakening, which is where one should seek current needs for further development of labour law in order to strengthen and provide normatively the legal platform to stop these negative tendencies. [ABSTRACT FROM AUTHOR]

The article sheds light on the circumstances predominantly causing that Forest Regulation (1857) be introduced, the very procedure of its introduction, puts forward the contents of that act and systematizes its articles. Not very long after the introduction of the Regulation on Deforestation (1839), the public expressed discontent with the effects it had caused. From the mid-forties ever more criticism emerges towards that rule, demanding its abolition and replacement with another regulation which would protect forests in a better manner. In the beginning of fifties the voices that Serbia was being mercilessly deforested provoke the first drafts of new regulation. In 1855, State Council proposes the prince the outline of Forest Regulation consisting of 27 articles and containing provisions on the sorts of wood whose cutting is permitted, the procedure of issuing tree-cutting permit, taxes for downed trees depending on the purposes of their use and sort of wood, penalty provisions and attribution of lands covered by forests to the poor. Nevertheless, in 1856 the prince declined his sanction and requested the Council to reconsider its draft. Due to the request, the Council decided to confide reproduction of the outline to the Commission antecedently formed in order to examine state income and expenditure and draw up a tax reform. The Commission completed its task in February 1857, sending the Council altered version of prime draft, in some places significantly differing from the original. However, the Council failed to adopt the majority of Commission's remarks. Instead, it withdrew some of original provisions and replaced it to its own new resolutions. Such text was sent to the prince on May 18th, 1857. The ruler expressed his approval and requested the Council to resend him the draft in the appropriate form of regulation. The Council had granted the recommendation and the draft, now in requested form, was sent anew to the prince, who eventually, on June 26th approved the introduction of the Forest Regulation. Withal, some loopholes were noticed afterwards, so the Council decided to unify three authentic interpretations issued on the initiative of Ministries of Finances and Internal Affairs into a single act -- supplement to the Regulation. Future research on this field should focus on the reactions that the Regulation caused among the public, its comparison to the Regulation on Deforestation and further elaborate the social context that preceded the Regulation's enactment. Only after having deepened actual knowledge on the Regulation with answers to aforementioned questions, will the Regulation be wholly scientifically examined. [ABSTRACT FROM AUTHOR]

It is estimated that the international trade in wild plants and animals annually worth several billion dollars, hundreds of millions of species are traded: live specimens of animals and plants and products derived from them, including food products, exotic leather products, wooden musical instruments, timber, souvenirs, drugs, cosmetics and more. Proportion of exploitation of certain plant and animal species are large, so that their traffic together with other factors, such as habitat loss, greatly endangering their populations driving some species to extinction. Although certain species of wild animals and plants are not endangered by trade, traffic regulation is necessary to ensure that trade that meets the requirements of sustainable development in order to preserve the natural resources for the future, and in particular to prevent the damaging effects of illegal trade in protected species in cross-border context. [ABSTRACT FROM AUTHOR]

In nineties Serbia survived the disintegration of the former Yugoslavia, intense UN sanctions, and 1999 78 days of bombing by NATO. This has resulted in a drop in production and hyperinflation. The confidence in the national currency the dinar has been lost. In order to do business in Serbia returned to normal framework the Law on Foreign Exchange imposed the possibility of nomination the loans in foreign currencies. This prompted the business, but it meant a de facto legalization of dual currency system. The logical consequence was the high degree of dollarization. It is important to mention that the dual currency system limited the possibilities of monetary policy of the National Bank of Serbia. Dollarization after the first positive results showed their expected bad sides. Appreciation of the dinar was one of the consequences. The trade deficit and foreign debt grew. Due to the appreciation production rate remained at 40% of its 1989 level, and unemployment has risen to 27%. The benefit of the appreciation had only importers and foreign-owned banks. They take out the capital abroad. Therefore, it is necessary to make changes to the Foreign Exchange Law and abolish foreign currency clause at least for a new loans. [ABSTRACT FROM AUTHOR]

The efficiency of the legal protection in litigation presents one of the main reasons for the quite frequent legislature changes of the Civil Procedure. To achieve this goal a number of new provisions was introduced. Given meaning has a new regulation which tends to limit the duration of the litigation as well. Litigation timeframe is in that sense introduced, and on the other hand in number of situations court management acts are time limited. The non complying of the time limits remains non sanctioned in procedura sense, but it represents a cause for a disciplinary responsibility of the judge. This mechanism was introduced to speed up litigation and to fulfill parties' right for a judgment in reasonable time and it could achieve these goals, but only with creating real prerequisites for successful functioning of the courts. If not it will transform itself in just another mean of the pressure on the judges. [ABSTRACT FROM AUTHOR]

It was not the first territorial dispute between former French colonies that was resolved by the International Court of Justice. The Court has followed its established practice in respect to the application of the principle uti possidetis juris and effectivités. Still, new facts provoke new judicial statements relevant for the principle. So, the Chamber emphasized that the uti possidetis juris principle requires not only that reliance be placed on existing legal titles, but also that account be taken of the manner in which those titles were interpreted and applied by the competent public authorities of the colonial Power, in particular in the exercise of their law-making power. It sharpened the focus on colonial law as exclusively relevant for an application of the uti possidetis juris principle, excluding any application of the rules of international law. In spite of the fact that the Chamber intended to resolve the case only by the application of the principle uti possidetis juris and effectivités, certain references in respect to general practice concerning river borders as well as in respect to the principle of legal certainty were necessary. [ABSTRACT FROM AUTHOR]

Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code), Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, The Customs Law of Serbia of 26 March 2010 in a very detailed and extensive way regulate customs base. These legal documents envisage the methods of determination of customs value: the primary ones, which are based on the transaction value, but also the secondary ones, which are based on other methods for determination of customs value of goods. The customs services of the EU Member States have on their disposal six methods for determination of customs value of goods. Those methods in the mentioned acts of the EU and Serbia are transposed from the Article VII of the General Agreement on Tariffs and Trade 1994 and Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994. The fact that mentioned acts of the EU and Serbia request that the customs value of goods must be clearly and precisely determined, that means to be determined in the same way, is understandable because the customs base is one of the most significant elements of customs. There are many reasons for that: in a certain way, the customs base is in relation with all other elements of customs structure; from the procedure in which the customs base is determined, that means from its universality depends the amount of income which will the EU and Serbia, on that ground, collect to finance public expenditure predicted in the budget; and most of the customs on the imported goods in the EU is determined ad valorem. [ABSTRACT FROM AUTHOR]