Search

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]

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 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 article presents the basic information about the overal results, significance, international programme committee and working areas of the 6th International Scientific Conference on Defensive Technologies, OTEH 2014, in comparison with previous five conferences. The number of sections, number of papers, number of authors/coauthors, number of sessions and number of members of the scientific commitee are presented in the review. This year conference is the best regarding the number of papers and the number of authors/coauthors since this conference got its international character. [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]

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]

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]

This paper presents the results of the content analysis of two informative programs of Radio Vojvodina Public Service (Radio Novi Sad), „Na dlanu Vojvodina‟ and „Vojvodjanski dnevnik‟. Discourse analysis is the most suitable for this type of research since it is an interdisciplinary area using critical questioning of culture and society in which the messages are exchanged by real interlocutors. Discourse analysis is a very powerful means for media deconstruction, and for deconstruction of power over media, as well. The aim of quantitative and qualitative analysis of media discourse of these two programs is to find out if the informative program satisfies specific media standards established for public services. I also analyzed the way they treat different political subjects in Vojvodina, the share of multicultural subjects and problems of minority communities in Vojvodina, as well as the share of interregional cooperation concerning the program in Serbian. In order to make the analysis as accurate as possible, for the purpose of this research I created a special code with specific categories for radio informative program. In this paper I also presented the results of comparing informative program of Radio Vojvodina for 2006 and for 2009. I noticed a certain improvement in the informative program quality, but there were also some shortcomings. [ABSTRACT FROM AUTHOR]

In developed library and information environments librarians consider their role of communication intermediaries to be crucial in terms of offering collections, services and programs in the right manner. This case study empirically researches and perceives public relations practice in public libraries in Serbia, and offers recommendations for further development of this field. Primary target group in this research included directors of public libraries, their assistants and heads of sectors and departments, and the second group focused on associates engaged in PR tasks. Methodological approach that was used in the study included an online survey sent out to over two hundred email addresses and gathered quantitative and qualitative data from fifty respondents. Even though it is not easy to comment on development or stagnation in this field, since no similar researches have been done in Serbia, it is clear that libraries are transferring their focus on intensive communication with the public. This study showed significant observations when it comes to understanding the public relations, profile of the employees involved in this field, importance of the internal communication, visual identity, quality of communication with stakeholders, and awareness that some of the work processes in a library essentially belong to the public relations field. Authors of the paper suggest that accepting and developing principles of an organizational culture would create a new frame for working with public relations field. One of the principles - culture of tasks is based on an assumption that people like to work and therefore need to have certain conditions that would best stimulate their skills and knowledge. This kind of culture favors the capability of an individual to contribute to the goals of an organization as well as rights of each employee to create new ideas and solutions that would bring changes to the organization. Some of the most important values of such organization include a strong feeling of affiliation, a need to connect and to work efficiently within a team. Development of organizational culture has its roots in these values and today it is considered to be the best solution to two fundamental problems that challenge members of the organization: internal integration and external adaptation. [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]

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]

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]

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]

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]

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]

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]

The highlight of this enclosure is the institution of public listening. This is a new form of work of the National Assembly of the Republic of Serbia, and one of the forms of direct participation of citizens in the performance of public government. Public listening enables citizens to participate directly in the legislative procedure and decision making on laws and other acts which are adopted by the National Assembly. [ABSTRACT FROM AUTHOR]