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For the valid creation of a will as a legal transaction mortis causa, a necessary condition is to be expressed in one of the legally recognized forms. The requirement of form dates back to Roman law, where formal prerequisites were given different functions. The article tries to determine whether and in what way the formal requirements of certain will types can be adapted to the development of information technologies, while examining the positive legal regulations. Analyzing the existing legislative activity focused on wills drawn up in electronic form and the current opinions in the doctrine, the authors try to assess whether will, in whose composition some type of electronic medium was used, could produce legal effects according to the current rules of Serbian law, as well as to propose de lege ferenda solutions on the legislative level in that direction.

The validity of a will is conditioned by the existence of the testamentary capacity at the time of its creation, existence of certain qualities regarding the testator's will, as well as the the requirement that the will of the testator must be expressed in the form and under the conditions provided by law. The aticle primarily focuses on certain substantive legal assumptions of the validity of will, as well as on formal legal assumptions of its validity, specifically, on the testamentary capacity and forms of will, and the prescribed form requirements regarding existing forms of will, i.e. the conditions under which they can be made. By analyzing the current statutory provisions that are dedicated to the mentioned issues, from the point of view of the ruling doctrinal positions, as well as legal solutions accepted in other countries, certain deficiencies are identified in their legislation as well as in the application of these solutions in legal practice. In the paper, the authors propose the necessary changes and supplements in order to obtain a higher quality, as well as a more comprehensive way of regulating the analyzed institutes in the domain of the testamentary inheritance.

The right to education, as one of the rights inherent to all human beings, necessarily implies an educational process that takes place in an institution that does not tolerate discrimination or hate speech. During the previous decades, both at the European and global level, relevant standards have been established in order to obtain an educational system that adequately opposes the phenomenon of discrimination, while nurturing a climate and culture conducive to the full development of students' personal potential. Having in mind the importance of preventing discrimination and hate speech in educational context, the authors have conducted a study aimed at the comparative analysis of the international and Serbian anti-discriminatory regulatory framework in the educational settings. Normative-dogmatic and comparative methods have been applied, with the focus on the systematic interpretation of the meaning and content of the studied norms. The key results of the research indicate that the domestic national framework corresponds with the relevant international standards. However, national regulations, contrary to internationally accepted paradigms, do not pay adequate attention to the intercultural elements of the educational process, because they are focused on prohibitions and post festum interventions on discrimination and hate speech.

Nowadays, the life of an individual can hardly be imagined without using the attainment of the IT system. Its vertiginous development and people's familiarity with it has led to the fact that personal data are becoming an important, if not the most important, resource today. So much so, that they are also called "the oil of new era". This is coming from the fact that companies now charge users for their mostly free services by asking them for more and more different data in return. Contrary to that, most of the users do not think about what will happen to their personal data after their death or are not aware of all the ways they can dispose of their digital assets mortis causa. The authors consider the question of heritability of digital goods, and especially the possibility of disposing of them in the event of the death of the testator. Analyzing the current domestic regulations, as well as the direction of development of digital inheritance in other European countries, at the same time the authors are trying to find an answer to the question how to understood the term of digital inheritance within the framework of our country

The authors' attention is focused on the legal regulation of hereditary substitution, that is, the replacement of inheritors as a modality of testamentary inheritance in the contemporary legal systems of Europe. The legislation in Serbia only accepts the possibility of alternative acquisition of inheritance rights, that is, vulgar substitution as a form of hereditary substitution, as well as those modalities of successive inheritance related to the fulfillment of conditions or expiry of the term, with the explicit prohibition of fideicommissary substitution in the case of death of the previous inheritor. By analyzing the domestic legislation, its advantages and some of its disadvantages, and especially considering the legal solutions to the institute of hereditary substitution in comparative law, the authors are taking the opportunity to point out the justification and possible ways of improving the existing normative concept of this institute in Serbian law.

Modern technology has provided us with unlimited possibilities for audio and visual recording, which can, unfortunately, also be used for the violation of human rights and freedoms. With the agreement of involved parties, the use of the recording is likely to be uncontroversial. However, complex issues arise when the recording is covert, and when the recording party wants to rely upon the recording, or the transcript of it, to prove an illegal act in court proceedings. The question arises as to how to strike a balance between the need to protect security and investigate the truth and the need to protect the right to privacy and the personal sphere. Particularly interesting legal issues are those that concern the justification and the permissibility of the use of illegal or covert recordings in the capacity of evidence in criminal proceedings. Bearing in mind the above, the paper is devoted to the analysis of legislation concerning protection of privacy and the legislation on the subject of illegal evidence in criminal proceedings. This issue is especially interesting due to the fact that Serbian criminal law accepts the theory of "the fruits of the poisonous tree", which means that the criteria for the evaluation of the validity of the evidence are particularly strict. In that context, the normative, axiological and comparative law method has been used to analyse the subject matter. The author has also referred to the comparative law and to the practice of the European Court of Human Rights. The aim of the paper is to point out to the certain ambiguities in Serbian positive law, in order to develop appropriate recommendations for the practical use and for the improvement of normative solutions.

Criminal prosecution for the abduction of a minor should additionally protect the child's right to live with his parents, or other authorized caregivers, and also to maintain contact with parents or other relatives and close people. The paper is designed to explain the reasons justifying the existence of this incrimination. Some general considerations are given in the introductory part, with a review of the relevant international documents. The central part of the paper is devoted to the analysis of positive law in the Republic of Serbia, with particular emphasis on the mutual relationship between the criminal offense of abduction of the minor and the criminal offense of kidnapping, and to the analysis of controversial issues that arise in the judicial practice. The aim of the paper is to point out the real possibilities of criminal law protection in this sphere, as well as to emphasize the need to respect the letter of the law without loose and extensive interpretation in the judicial practice.

When it comes to free acquisition, it is generally accepted that a person who gives a certain benefit to someone, can burden that same benefit with some kind of duty, within the limits set by the law. However, the previously said does not indicate that the purpose of the burden is to set the counteraction to free acquisition, nor it is related to the restriction of freedom of acquisition, but to allowed modifications. One of the aforementioned modifications is a precatory provision, which, in addition to conditions and deadlines, has found its place in the Inheritance law. Its legal effect is reflected in the constitution of the burden to a person designated by the deceased person. The authors examine: the concept and the effects of the precatory provision in terms of its fulfillment, as well as the consequences that occur when the precatory provision is not fulfilled; who can be a subject when it comes to the precatory provision, if there are any legaly binding corelations between them, what kind of consequences the aforementioned brings with it; as well as where lies boundary of precatory provision in relation to similar institutes. Special attention has been paid to the national legislation, with the overview of the current provisions of the former republics of SFRY, Russia, Bulgaria, Austria and Germany, for the purpose of examining the extent to which the domestic legislation of the precatory provisions is similar, that is, how much it deviates from above- mentioned European legislations. Having in mind that the drafting of Serbian Civil Code is in progress, authors use the opportunity to point out certain shortcomings of the legal solutions of the precatory provisions and also to emphasize possible direction in which these provisions could be de lege ferenda composed.

Exercising parental responsibilities can take two forms. On the one hand, parents having parental responsibilities can exercise them jointly. Another possibility is a sole custody arrangement when one parent exercises parental responsibilities alone. Joint exercise of parental responsibilities even in the cases when parents live separately was first introduced into our legal system by the Family Act of 2005. One of the conditions for jointly exercising parental responsibilities in these situations is the written agreement between the parents. This paper gives a review of the case law concerning parental responsibilities after divorce for different periods of time: the reviews of 1969 and of 1979 are given first, followed by the 1987, 1988 and 1989 case law reviews of two courts of first instance - the High Court in Novi Sad and the High Court in Subotica. Finally, the research results on the exercise of parental responsibilities after divorce in 2007 and 2016, conducted at the Basic Court in Novi Sad, are also presented, when a certain number of cases of joint exercise of parental rights are also analyzed, bearing in mind that this form of parental responsibility has existed since 2005, when the Family Act was adopted.

In recent decades, one of the key trends in the field of juvenile justice is the diversion from the criminal procedure. The aim of this paper is to present the basic elements of diversion model of juvenile justice, with reference to the current situation in Serbia. The author presents basic ideas and theoretical concepts underlying the application of diversion measures, and also numerous international documents in the field of juvenile delinquency and juvenile justice relating to this issue, as well as some examples of comparative law. The central part is devoted to the application of educational orders in Serbia. The author has endeavored to summarize the structure and trends in the application of educational orders, and also the key problems that characterize this area in Serbia. The paper concludes with specific recommendations for the improvement of the practice in Serbia.

The paper deals with the protection of privacy rights in the connection with the application of special investigative actions in criminal proceedings. An increasing number of cases of the European Court of Human Rights in relation to Article 8 and the protection of privacy rights points out to the importance and complexity of this issue. On the one hand, public authorities should provide mechanisms and resources for effective and expeditious prosecution of the most serious forms of crime, but on the other hand, standards related to predictability, limited discretionary powers and control over the legality of the procedure should not be ignored either. This raises the question of how to achieve a balance between these competing interests. This paper presents the standards created by the European Court of Human Rights when dealing with privacy issues in connection with criminal proceedings, and reflects at the the degree of compliance of Serbian legislation with them. The author concludes that the key problem is the nonexistence of notification for the interested person, given that it implies the inability to exercise the right to appeal, and also the inability to put examples of bad practice to good use.

The paper points out the importance of comparative statistics and their role in the enhancement of the national system of criminal justice statistics, and the national criminal justice system in general. The central part of the paper is about history, significance, methodology and content of the European Sourcebook of Crime and Criminal Justice Statistics. It indicates the key problems in the process of collection of comparable data on crime at the European level, and the problems which Serbia faced in the process of preparation of inputs for the fifth edition of the aforementioned Sourcebook. Given that the European Sourcebook of Crime and Criminal Justice Statistics contains information on six equally important areas of the criminal justice system (police, public prosecution, courts, penal institutions, probation service and victimization), the paper includes recommendations for the improvement of the data collection in some of these areas in Serbia.