COLLECTION OF PAPERS, FACULTY OF LAW NIŠ

ДА ЛИ СЕ КРЕИРАЊЕ ЈАВНИХ ПОЛИТИКА РАЗВИЛО У РАВНОПРАВНУ ФУНКЦИЈУ ЈАВНЕ УПРАВЕ У РЕПУБЛИЦИ СРБИЈИ?

Dejan Vučetić — 2024-12-24

This paper examines the role of public policy making by public administration in Serbia as one of the fundamental functions of public administration. By analyzing the normative framework and its application, the paper explores how it developed throughout history and in recent decades. A set of regulations from 2018, including the Law on Planning System and accompanying bylaws on methodology for policy making, have laid the foundation for modern, evidence-based public policy in Serbia. Using qualitative methods, including normative-dogmatic and document analysis, the study provides the review of the developments so far and recommendations for further strengthening of this function of public administration in Serbia.

JUDICIAL PROTECTION OF REAL PROPERTY RIGHTS

Anđelija Tasić — 2024-12-24

Classical institutes, such as property law protection, have withstood the test of time from Roman law to the present day. The paper presents five lawsuits aimed at judicial protection of property rights - actio rei vindication, actio publiciana, actio negatoria, actio confessoria actio and pignoris. In the paper, the authors tried to point out the (non)existence of the legal significance of the traditional division of property lawsuits. Furthermore, they pointed out the reasons for providing legal protection. Regarding the procedure, they emphasized the lawsuit for the return of things, which is most fully regulated according to the ZOSPO. The authors noted that, although this institute survived in its essence, some new tendencies, such as the right to a home, established by the practice of the European Court of Human Rights, and confirmed by the decisions of the Constitutional Court of the Republic of Serbia, call into question, if not the very concept of property rights, the they restrictions on the use of their own belongings.

THE ILO CONVENTION NO. 190 CONCERNING THE ELIMINATION OF VIOLENCE AND HARASSMENT AT WORK: REASONS FOR RATIFICATION

Marija Dragićević — 2024-12-24

Although it is mentioned many times in the regulations of the International Labor Organization, the issue of violence and harassment at work has not, until recently, been the immediate and main topic of any convention of this important international organization. Therefore, Violence and Harassment Convention No. 190 is extremely important, since it is the first and only international legal instrument that directly addresses violence and harassment at work. In addition, this Convention has an extremely wide scope in terms of persons and areas to which it applies. Its aim is to provide protection to employees and others against violence and harassment at work in all sectors, whether private or public, in the formal or informal economy, in urban or rural areas. In this paper, the authors discuss Convention No. 190, its basic characteristics and definitions, its scope, and the manner in which the procedure for preventing and protecting against violence and harassment at work is regulated. After that, the authors assess whether, given the existing level of legal protection of employees and other workers against violence and harassment at work in the Republic of Serbia, such an act is necessary for our country, and if so, what new and better things it would bring to our legal system and the protection of workers compared to the current situation.

ПРИСТАНАК НА ТЕТОВИРАЊЕ

Srdjan — 2024-12-24

With more than five-thousand-year long tradition, tattooing is considered to be one of the oldest art forms. And with the gradual development of new techniques, materials, styles and approaches to solve even most difficult technical problems, tattooing became highly appreciated way of self-expression for both tattoo artists and proud owners of tattoos.

However, there is a number of legal issues associated with tattooing process. Copyright restrictions, health and safety concerns, licensing, even discrimination issues, to name just a few, attracted special attention of legislators and legal experts. But central question from legal standpoint, or cluster of questions to be precise, revolves around the consent to receive tattoo.

Numerous questions related to personal autonomy arise in the moment when autonomy is expressed through consent, and legal capacity for self-expression certainly is the most important one. Since there is no adequate, or at least firm legal frame around tattooing practice in the Republic of Serbia, in this article, relying on different techniques of analytical and normative method, we present dilemmas and possible answers on different aspects of legal capacity to express personal autonomy by consenting to receive tattoo.

АУТОНОМИЈА ВОЉЕ И ПРАВО НА САМООДРЕЂЕЊЕ ПАЦИЈЕНТА: ПРАВНЕ ГАРАНЦИЈЕ И БИОЕТИЧКЕ ДИЛЕМЕ

Ivana Simonović — 2024-12-24

The tremendous advances in medical technology and health care provide many options for prolonging a terminally ill patient's life, often beyond the point at which he is able to derive value from that life or even live free from pain and suffering. These advances made the dying process longer, and raised many questions, some of them being when it is time to stop the futile treatment and who should decide.

The principle of autonomy and patient’s right to self-determination assume a pivotal role in health care and doctor-patient’s relation. They may offer the answer to the previously posed questions: patients should have the right not only to refuse the treatment or to request their discontinuation (which is already an established golden rule of patient’s care), but they also should be given the right to request aid in dying.

Euthanasia and other forms of assisted dying are legal in just few countries. In Serbia these practices are sanctioned as criminal offences. Yet, the Preliminary Draft of the Civil Code of Serbia establishes a new subjective (personal) right - the right to a dignified death (euthanasia), which may be exercised in exceptional circumstances by fulfilling the specifically prescribed humane, psycho-social and medical conditions. Public educated debate is much needed before the legislator makes the final word. Legal scholars are certainly invited to participate in this discussion, but public in general must also be heard.

THE PRINCIPLE OF NATIONAL SOVEREIGNTY THROUGH THE LENS OF SAINT ANDREW’S DAY NATIONAL ASSEMBLY

Sara Mitić — 2024-12-24

The paper under the mentioned title, first of all, gives a historical overview of assemblies in Serbia. Then, an insight into the situation ahead of the St. Andrew's Assembly is provided. The dissatisfactions of all factors in the country, the urban and rural population, certain authorities, as well as the leading political forces are explained in detail. The circumstances that accelerated the convening of the assembly are discussed below. The reasons that contributed to the formation of the final decision on convening the Assembly can be seen through the letters, which some actors sent to others. The main part of the work is the meeting of the St. Andrew's Assembly itself. First, appeals and representations of viewpoints are presented, and then the adoption of the Law on the National Assembly of October 28, 1858. The outcomes of the St. Andrew's Assembly were also discussed: the overthrow of Prince Aleksandar Karađorđević, the return of Miloš Obrenović and the de facto disempowerment of the council, as well as the most important one - the strengthening of awareness of national sovereignty.

THE CUMULATION OF INTELLECTUAL PROPERTY RIGHTS, WITH SPECIFIC REFERENCE TO THE CUMULATION OF PATENT AND DESIGN RIGHTS

Nikola Milosavljevic — 2024-12-24

In this paper, the author primarily examines the terminology and systematics in the field of overlap of intellectual property rights, trying to determine the meaning of certain terms in this field and harmonize the terminology. Тhen he analyzes the reasons for the existence of overlaps and their permissibility. The author uses the conclusions drawn in this part for further analysis of the relationship between the patent and design right. The author performs an examination, taking into account the similarities between the mentioned rights, and taking out all the lines of coincidence. Then the differences in detail between patent and design right have been examined. The aforementioned analysis as well as analysis from general considerations were the basis for the development of further research on the possibility of overlap between patent and design right. Based on the conducted research, the author concluded that there are not enough arguments for a general prohibition of all overlaps, but that each overlap has to be specially arranged. Regarding the overlap of patent and design right, the author found that this overlap is not easily achievable, and therefore currently does not represent an excessive risk for competition, which does not mean that this will not be the case in the future.

PUBLIC UTILITY FEES AS OWN REVENUES OF LOCAL SELF-GOVERNMENT UNITS IN THE TERRITORY OF AUTONOMOUS PROVINCE OF VOJVODINA

Cvjetana Cvjetković Ivetić — 2024-12-24

The process of fiscal decentralization, as a typical feature of contemporary societies, implies the transfer of public functions and public revenues from higher to lower levels of authorities in order to ensure the financing of the transferred functions. The trend of fiscal decentralization has created the increased need for own revenues of local self-government units. The rates of these revenues are determined by local authorities, either independently or in line with the statutory limits. In the Republic of Serbia, own revenues of local self-government unit include different local public utility fees. In this paper, the authors deal with the financial autonomy of local self-government units observed through the lens of local public utility fees, (i.e. their yields), whereby the research will be limited only to the local self-government units in the territory of Autonomous Province of Vojvodina. The authors will also attempt to determine the factors that affect the rates and abundance of these revenues of local self-government units.

ENFORCEMENT PROCEDURE ON UNREGISTERED REAL ESTATE OWNERSHIP RIGHT

Stojana — 2024-12-24

The failure of the judgement debtor to register his right of ownership on real estate is not an obstacle to the determination of execution in the laws of the entities of Bosnia and Herzegovina. In addition, due to the conditioning оf performing the enforcement actions by the registration of the judgement debtor's right to immovable property, the current procedural rules cannot be considered as an adequate normative response of the domestic legislators to the need of the judgement creditor to settle, especially when the judgement debtor has no other assets for settlement. The paper, using scientific methodology, discusses and evaluates the axiological value of legislative solutions to the issue of enforcement against real estate that is not registered as the property of the judgement debtor in domestic law, as well as in the laws of selected neighboring countries. The analysis covers both situations, when the registration of the rights has a constitutive effect, as well as when it has a declarative effect on acquisition of rights of judgement debtor. It is concluded that the temporal correlation between the moment of determination of enforcement against unregistered immovable property and the moment of registration of the judgement debtor as its owner determines at least two possible legislative models of determination of enforcement. Each of the observed models, in which the judgement creditor's forced settlement is conditioned by the previous registration of the judgement debtor as owner of real estate, can be improved, either by solving the problem of efficiently obtaining the basis for the registration of the judgement debtor's right, or by enabling the implementation of the confiscation inventory in a situation where it turns out as impossible for the judgement creditor the acquisition of the judgement debtor's title, and thus the registration of his ownership.

IZAZOVI U OSTVARIVANJU PRAVA NA GODIŠNJI ODMOR RADNIKA NA DUGOTRAJNOM BOLOVANJU U REPUBLICI HRVATSKOJ

Dragana Bjelić Gaćeša — 2024-12-24

The right to paid annual leave is one of the fundamental rights in the employment relationship and as such is incorporated in a number of legal acts, both at the international and regional, aswell as national level. The purpose of this right is to enable the worker to rest from physicaland/or mental work, to enable him to enjoy relaxation and leisure, in order to restore his working abilities. The right to paid annual leave, in accordance with the practice of the Court of Justice of the European Union, is considered a particularly important principle of Community social law, which is why it must be recognized for every worker, regardless of their health status. However, in the Republic of Croatia, the realization of the right to paid annual leave for workers who were on long-term sick leave, was followed with significant difficulties after returning to work. The current Croatian Labor Law, in the context of the institution of transferring annual leave to the next calendar year, provisions of Article 84 states that a worker who, due to illness, does not use annual leave in full or in part in the calendar year in which it was earned, has the right to use it upon returning to work, and no later than June 30 of the following calendar year. The question arises, how will a worker who has spent two, three or more years on long-term sick leave fit into the aforementioned provision? Will this legal solution deprive him of the right to paid annual leave?

The aim of the paper is to analyze the relevant provisions of Croatian positive law regarding the right to paid annual leave and the possibility to transferring it, to correlate them with the relevant European directives and decisions of the Court of Justice of the European Union, and to conclude on their compliance and impact on the position of workers and employers in the Republic of Croatia.

ANALYSIS OF THE APPLICATION OF “THE MISSING BABIES ACT”

Bojana Arsenijević — 2024-12-24

The Act on Establishing the Facts about the Status of Newborn Children who are Suspected of Having Disappeared from the Maternity Hospitals in the Republic of Serbia, colloquially known as the Missing Babies Act, was adopted in 2020. The paper presents pioneering analysis of the results of the Act’s application. The empirical research included the practice of the high courts in Niš, Kragujevac, Belgrade and Novi Sad. By using the statistical and the random sample methods, the Author reflects on the first results of the application of the Act.

The act regulates the procedure for determining the facts regarding the status of the “missing babies” and awarding compensation for non-pecuniary damages. It was adopted with two stated goals. The first goal was to finally solve the problem of unreliable information on the status of babies who are suspected of being missing and to award compensation for non-pecuniary damages to persons whose right to respect for family life was violated. The second goal was to fulfill the obligations from the judgment of the European Court of Human Rights in the case of Jovanović v. Serbia (appl.12794/08). The short six-months deadline to initiate the procedure for determining the facts about the status of the “missing babies”, its preclusive nature, and the ruling principle of urgency when conducting these proceedings should have indicated the importance given to resolving the issue of “missing babies”. The preview of the results of the application of the Act has shown that the Act did not achieve its aims.

ОПШТИ ПРИНЦИПИ ПРАВА СТВОРЕНИ У МЕЂУНАРОДНОМ ПРАВНОМ СИСТЕМУ – МАГЛОВИТИ ИЛИ ЗАБОРАВЉЕН ПОЈАМ?

Sanja M. Đorđević Aleksovski — 2024-12-24

The International Law Commission (ILC) has been codifying various sources of international law for decades. Thus far, its activities on the codification of general principles of law have resulted in three reports from the Special Rapporteur, where two categories of general principles of law have been identified in light of their different origins. The first category of general principles of law stem from municipal legal systems, while the second one stems from the international legal system itself. In the provisional conclusions adopted on the first reading in May 2023, the latter have been defined as "general principles of law that may be formed within the international legal system". The aim of this paper is to examine the controversial category of general principles of law. It has to be noted that there are conflicting views among scholars, members of the ILC itself and states regarding to general legal principles that may derive or may be formed within the framework of the international legal order. Hence, the paper will predominantly focus on the research questions: Do general principles of law formed within the international legal system have the potential to exist as an autonomous source of international law? Are there arguments supported by the linguistic interpretation of Article 38 paragraph 1 c) of the Statutes of both the Permanent Court of International Justice and the International Court of Justice in favor of the view that such a category of principles was always incorporated in the notion of general principles of law? The paper also focuses on the questions pertaining to the "recognition" of the general principles of law formed within the international legal order, and the subsequent question as to whether that amounts to consent of states.

ВЕШТАЧКА ИНТЕЛИГЕНЦИЈА У ОБРАЗОВАЊУ: РЕГУЛАТОРНИ ОКВИРИ НА МЕЂУНАРОДНОМ, РЕГИОНАЛНОМ И НАЦИОНАЛНОМ НИВОУ

Gordana Ignjatovic — 2024-12-24

Abstract: This research paper explores the regulatory frameworks on AI technologies at the international, regional and national level, focusing on documents related to AI application in education. The first part provides an insight into the broad conceptual framework of Artificial Intelligence (AI) and AI-related terminology. The second part provides an overview of documents on AI adopted at the international level (OECD, UNESCO), regional level (EU, CoE) and national level (Serbia), with specific reference to key documents aimed at shaping the use of AI in education. The third part outlines the benefits/opportunities, drawbacks/challenges, concerns/risks and key considerations in the process of integrating AI in education. Based on the research findings, the paper points to the importance of a balanced, human-centered and pedagogy-driven integration of AI technologies, based on carefully designed regulatory framework in line with the highest ethical principles, pedagogical standards and guaranteed human rights. Relevant infrastructure, resources, support, guidelines, and practical training on AI literacy and competencies are essential for transparent, responsible and safe integration of AI in education.