The emergence of a modern way of doing business and the introduction of novelties into work processes inevitably caused the creation of new service activities. The fact that today business is done with the help of electronic signatures, certificates, electronic seals and trademarks, with the help of electronic delivery, that every legal entity engaged in any activity must have its own website, as well as the emergence of the need to store electronic documents, caused the creation of a completely new service activities. These are qualified trust services, which are regulated by the Law on Electronic Documents, Electronic Identification and Trust Services in Electronic Business, as well as certain by-laws. These normative acts define a trust service as "an electronic service that facilitates business activity between two or more parties, based on the fact that the service provider guarantees the reliability of certain data to the parties."
{"title":"KVALIFIKOVANE USLUGE OD POVERENjA, USLUGE OD POVERENjA I NjIHOVA PRAVNA REGULATIVA U REPUBLICI SRBIJI","authors":"Ratomir Antonović","doi":"10.46793/xixmajsko.413a","DOIUrl":"https://doi.org/10.46793/xixmajsko.413a","url":null,"abstract":"The emergence of a modern way of doing business and the introduction of novelties into work processes inevitably caused the creation of new service activities. The fact that today business is done with the help of electronic signatures, certificates, electronic seals and trademarks, with the help of electronic delivery, that every legal entity engaged in any activity must have its own website, as well as the emergence of the need to store electronic documents, caused the creation of a completely new service activities. These are qualified trust services, which are regulated by the Law on Electronic Documents, Electronic Identification and Trust Services in Electronic Business, as well as certain by-laws. These normative acts define a trust service as \"an electronic service that facilitates business activity between two or more parties, based on the fact that the service provider guarantees the reliability of certain data to the parties.\"","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131874148","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.46793/xvixmajsko.091gg
Biljana Gavrilović Grbović
In the paper, a legal-historical review of the railway issue on the area of the Serbia, from the 1830s to the 1880s, was made. Namely, in the 3rd decade of the 19th century, Prince Miloš presented the idea of building a railway. However, the beginnings of Serbian railways are connected to the Berlin Congress. Thus, in 1878, the Treaty of Berlin was concluded, and two years later, the Berlin Concession with Austria-Hungary for the construction of the railway was also concluded. On that occasion, the railway issue came into focus and the public was divided into those who are in favor of construction and those who are against the construction of the railway, considering the conditions given in the Convention of 1880. Therefore, the main subject of research is the discussion that took place in the Assembly in 1880, when the Berlin Convention was submitted for adoption. In addition, as the Convention was adopted after an extensive discussion, it is also pointed out the way of realization of the railway plans, which were reached in 1884.
{"title":"PRAVNOISTORIJSKI POGLED NA ŽELEZNIČKO PITANjE NA PROSTORU SRBIJE","authors":"Biljana Gavrilović Grbović","doi":"10.46793/xvixmajsko.091gg","DOIUrl":"https://doi.org/10.46793/xvixmajsko.091gg","url":null,"abstract":"In the paper, a legal-historical review of the railway issue on the area of the Serbia, from the 1830s to the 1880s, was made. Namely, in the 3rd decade of the 19th century, Prince Miloš presented the idea of building a railway. However, the beginnings of Serbian railways are connected to the Berlin Congress. Thus, in 1878, the Treaty of Berlin was concluded, and two years later, the Berlin Concession with Austria-Hungary for the construction of the railway was also concluded. On that occasion, the railway issue came into focus and the public was divided into those who are in favor of construction and those who are against the construction of the railway, considering the conditions given in the Convention of 1880. Therefore, the main subject of research is the discussion that took place in the Assembly in 1880, when the Berlin Convention was submitted for adoption. In addition, as the Convention was adopted after an extensive discussion, it is also pointed out the way of realization of the railway plans, which were reached in 1884.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125623224","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this paper, the author analyzes the institution of monetary claims on the earnings of the subjects deprived of their liberty from the perspective of legislation and legal practice in our country. After a detailed presentation of the legal solution, special attention is dedicated to the legal practice of the authorities that act in the mentioned case - public enforcement officers and penitentiary institutions. Author conducts a research that includes the practice in penitentiary institutions as institutions for the execution of criminal sanctions and the work of public enforcement officers, with a defined time frame since the 2011 when the new Law on Enforcement and Security has entered into force. Based on the obtained data, certain conclusions were reached that speak in favor of the possibility of introducing the service of execution on compensation for the work earned by prisoners within the legal framework, which, based on everything presented, would be the author's recommendation. As a prerequisite for the full realization of the purpose of this institute, the author recognizes an adequate amount of compensation for the work of prisoners as well as a greater scope of work engagement of prisoners, and gives guidelines on how to fulfill this prerequisite.
{"title":"USLUGA IZVRŠENjA NOVČANOG POTRAŽIVANjA NA ZARADI LICA LIŠENOG SLOBODE –ZAKONSKA REGULATIVA I PRAVNA PRAKSA U RS","authors":"Marija Milojević","doi":"10.46793/xixmajsko.939m","DOIUrl":"https://doi.org/10.46793/xixmajsko.939m","url":null,"abstract":"In this paper, the author analyzes the institution of monetary claims on the earnings of the subjects deprived of their liberty from the perspective of legislation and legal practice in our country. After a detailed presentation of the legal solution, special attention is dedicated to the legal practice of the authorities that act in the mentioned case - public enforcement officers and penitentiary institutions. Author conducts a research that includes the practice in penitentiary institutions as institutions for the execution of criminal sanctions and the work of public enforcement officers, with a defined time frame since the 2011 when the new Law on Enforcement and Security has entered into force. Based on the obtained data, certain conclusions were reached that speak in favor of the possibility of introducing the service of execution on compensation for the work earned by prisoners within the legal framework, which, based on everything presented, would be the author's recommendation. As a prerequisite for the full realization of the purpose of this institute, the author recognizes an adequate amount of compensation for the work of prisoners as well as a greater scope of work engagement of prisoners, and gives guidelines on how to fulfill this prerequisite.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125459153","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.46793/xixmajsko.387dm
Tamara Đurđić Milošević
The protection of personal data currently represents one of the most debated issues, and a huge number of new reforms in this field have been enacted in the recent years, starting from the European Union's GDPR. The importance of data protection stems from the characteristics of the modern digital economy, where data plays a prominent economic role. Personal information must to be protected as they constitutes a fundamental rights of individuals, as it is recognised by the major charters of fundamental rights. Anyhow, the debate is almost always focused on the protection of personal data of people who are alive. But what happens to the data produced in the digital environment by deceased persons? The topic is at the intersection between data protection and inheritance law, as the control over these data can be ‘passed on’ the deceased person's heirs, especially regarding personal profiles on social media. On this point various solutions have been adopted in different legal systems, and this paper will try to analyse them under a comparative perspective, with the aim of understanding which could be a viable regulatory regime in this field.
{"title":"„POSTMORTEM“ ZAŠTITA LIČNIH PODATAKA I DIGITALNO NASLEĐIVANjE","authors":"Tamara Đurđić Milošević","doi":"10.46793/xixmajsko.387dm","DOIUrl":"https://doi.org/10.46793/xixmajsko.387dm","url":null,"abstract":"The protection of personal data currently represents one of the most debated issues, and a huge number of new reforms in this field have been enacted in the recent years, starting from the European Union's GDPR. The importance of data protection stems from the characteristics of the modern digital economy, where data plays a prominent economic role. Personal information must to be protected as they constitutes a fundamental rights of individuals, as it is recognised by the major charters of fundamental rights. Anyhow, the debate is almost always focused on the protection of personal data of people who are alive. But what happens to the data produced in the digital environment by deceased persons? The topic is at the intersection between data protection and inheritance law, as the control over these data can be ‘passed on’ the deceased person's heirs, especially regarding personal profiles on social media. On this point various solutions have been adopted in different legal systems, and this paper will try to analyse them under a comparative perspective, with the aim of understanding which could be a viable regulatory regime in this field.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126140376","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.46793/xvixmajsko.209m
Milica Marinković
The author gives an overview of the origin and development of tourism as a cultural and economic phenomenon. Tourism in France was created not only by internal factors, but also by external factors. English travelers from high society were pioneers of pleasure travel, and their favorite destination was precisely France. The first part of the paper concerns the very beginnings of tourism in the 18th century. The tourism of that time did not resemble today's neither in terms of numbers nor in terms of the main tourist attractions. The goal of tourist trips was either to use the beneficial effects of spa and sea waters or to spend the winter in a warmer climate. The second part of the paper deals with the further development of tourism in the 19th century. Thanks to the synergy of romantic ideals of nature and the development of the transport network, France is becoming an increasingly important tourist destination for travelers from both Europe and America. The final part of the paper gives a brief overview of the massification of tourism in France in the 20th century.
{"title":"NASTANAK I RAZVOJ TURIZMA U FRANCUSKOJ","authors":"Milica Marinković","doi":"10.46793/xvixmajsko.209m","DOIUrl":"https://doi.org/10.46793/xvixmajsko.209m","url":null,"abstract":"The author gives an overview of the origin and development of tourism as a cultural and economic phenomenon. Tourism in France was created not only by internal factors, but also by external factors. English travelers from high society were pioneers of pleasure travel, and their favorite destination was precisely France. The first part of the paper concerns the very beginnings of tourism in the 18th century. The tourism of that time did not resemble today's neither in terms of numbers nor in terms of the main tourist attractions. The goal of tourist trips was either to use the beneficial effects of spa and sea waters or to spend the winter in a warmer climate. The second part of the paper deals with the further development of tourism in the 19th century. Thanks to the synergy of romantic ideals of nature and the development of the transport network, France is becoming an increasingly important tourist destination for travelers from both Europe and America. The final part of the paper gives a brief overview of the massification of tourism in France in the 20th century.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128877518","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The social protection service of a child's personal companion represents the provision of appropriate individual practical support to the child for inclusion in regular schooling, and activities in the community, in order to establish the highest possible level of independence. The Social Protection Law does not explicitly prescribe this service, but it belongs to daily services in the community. Supported housing for people with physical disabilities, intellectual or mental difficulties, is the assurance of appropriate accommodation, professional assistance and support in gaining the highest degree of independence that enables them to live a better independent life in the community. The paper presents the normative arrangement of the services of a child's personal companion and a supported housing in Serbian law and comparative law with observed shortcomings and a proposal to amend the regulations.
{"title":"USLUGE LIČNOG PRATIOCA DETETA I STANOVANjA UZ PODRŠKU U PRAVU SRBIJE I UPOREDNOM PRAVU","authors":"Velisav Marković","doi":"10.46793/xixmajsko.591m","DOIUrl":"https://doi.org/10.46793/xixmajsko.591m","url":null,"abstract":"The social protection service of a child's personal companion represents the provision of appropriate individual practical support to the child for inclusion in regular schooling, and activities in the community, in order to establish the highest possible level of independence. The Social Protection Law does not explicitly prescribe this service, but it belongs to daily services in the community. Supported housing for people with physical disabilities, intellectual or mental difficulties, is the assurance of appropriate accommodation, professional assistance and support in gaining the highest degree of independence that enables them to live a better independent life in the community. The paper presents the normative arrangement of the services of a child's personal companion and a supported housing in Serbian law and comparative law with observed shortcomings and a proposal to amend the regulations.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121807361","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the work, the author pays attention to the administrative and legal aspects of consumer rights protection in Serbian law. Namely, the protection of consumer rights can be divided into public law and private law forms. In that division, administrative legal protection of consumer rights is included in public law forms. It is pointed out the already stated position in theory that one of the differences between administrative and judicial protection of consumers is the fact that the administrative authority has greater freedom in interpreting the protection goals, and at the same time, greater responsibility for the implementation of the goals. However, the views on the shortcomings of the administrative legal protection of consumer rights were also pointed out. In the Serbian legal system, the protection of the collective interests of consumers is entrusted to the administrative body in a special administrative procedure. This procedure shows quite a few deviations from the general administrative procedure. The advantage of the administrative procedure compared to the civil procedure should be efficiency and economy. Once established, the trader's behavior as a violation of the collective interest affects all consumers, so in case they repeat such practice, the others can join the already established violation, which is now directly sanctioned with the help of inspection supervision, without the need to be examined in a specific case. Inspectional supervision is reduced to the totality of activities of state administration bodies by which they examine the implementation of laws and other regulations, through direct insight into the operations and actions of natural and legal persons and, depending on the results of the supervision, pronounce the measures for which they are authorized. It is regulated by a special law and is a form of legal supervision, which is carried out with administrative powers by state administration authorities over non-authoritative activities of controlled subjects. The paper indicates that inspection supervision is an institutional form of consumer rights protection.
{"title":"UPRAVNOPRAVNI ASPEKTI ZAŠTITE PRAVA POTROŠAČA U SRPSKOM PRAVU","authors":"Milan Rapajić","doi":"10.46793/xixmajsko.759r","DOIUrl":"https://doi.org/10.46793/xixmajsko.759r","url":null,"abstract":"In the work, the author pays attention to the administrative and legal aspects of consumer rights protection in Serbian law. Namely, the protection of consumer rights can be divided into public law and private law forms. In that division, administrative legal protection of consumer rights is included in public law forms. It is pointed out the already stated position in theory that one of the differences between administrative and judicial protection of consumers is the fact that the administrative authority has greater freedom in interpreting the protection goals, and at the same time, greater responsibility for the implementation of the goals. However, the views on the shortcomings of the administrative legal protection of consumer rights were also pointed out. In the Serbian legal system, the protection of the collective interests of consumers is entrusted to the administrative body in a special administrative procedure. This procedure shows quite a few deviations from the general administrative procedure. The advantage of the administrative procedure compared to the civil procedure should be efficiency and economy. Once established, the trader's behavior as a violation of the collective interest affects all consumers, so in case they repeat such practice, the others can join the already established violation, which is now directly sanctioned with the help of inspection supervision, without the need to be examined in a specific case. Inspectional supervision is reduced to the totality of activities of state administration bodies by which they examine the implementation of laws and other regulations, through direct insight into the operations and actions of natural and legal persons and, depending on the results of the supervision, pronounce the measures for which they are authorized. It is regulated by a special law and is a form of legal supervision, which is carried out with administrative powers by state administration authorities over non-authoritative activities of controlled subjects. The paper indicates that inspection supervision is an institutional form of consumer rights protection.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128518463","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.46793/xixmajsko.1063k
Vladimir Kozar
This paper analyses the regulations of the Republic of Serbia, the positions of domestic judicial practice, as well as the opinions of jurisprudence on the grounds for the exclusion of an economic operator from the public procurement procedure, within the criteria for qualitative selection. The difference between mandatory and optional grounds for exclusion is explained, with a detailed presentation of each. The exclusion of legal entities from participating in public procurement procedures as a legal consequence of criminal convictions was specifically analysed, with a comparison to the safeguard measure of the same content, which the court imposes in the misdemeanor procedure. Furthermore, the potential legal consequences in domestic and comparative law of certain events on the entity's capacity to fulfill a public procurement contract were assessed, such as bankruptcy, insolvency, liquidation, reorganization, financial restructuring, settlement, or other bargaining arrangements with creditors, taking into account regulations and measures that enable an economic operator to continue its business, as well as the ability of the contracting authority to withdraw from the exclusion. The subject of special attention is the importance of failing to meet the obligations outlined in prior public procurement contracts, including the issue of contract termination. Lastly, it was emphasized that demonstrating the trustworthiness of the economic operator is a viable way to prevent its exclusion from the public procurement process.
{"title":"OSNOVI ZA ISKLjUČENjE PRIVREDNOG SUBJEKTA IZ POSTUPKA JAVNE NABAVKE","authors":"Vladimir Kozar","doi":"10.46793/xixmajsko.1063k","DOIUrl":"https://doi.org/10.46793/xixmajsko.1063k","url":null,"abstract":"This paper analyses the regulations of the Republic of Serbia, the positions of domestic judicial practice, as well as the opinions of jurisprudence on the grounds for the exclusion of an economic operator from the public procurement procedure, within the criteria for qualitative selection. The difference between mandatory and optional grounds for exclusion is explained, with a detailed presentation of each. The exclusion of legal entities from participating in public procurement procedures as a legal consequence of criminal convictions was specifically analysed, with a comparison to the safeguard measure of the same content, which the court imposes in the misdemeanor procedure. Furthermore, the potential legal consequences in domestic and comparative law of certain events on the entity's capacity to fulfill a public procurement contract were assessed, such as bankruptcy, insolvency, liquidation, reorganization, financial restructuring, settlement, or other bargaining arrangements with creditors, taking into account regulations and measures that enable an economic operator to continue its business, as well as the ability of the contracting authority to withdraw from the exclusion. The subject of special attention is the importance of failing to meet the obligations outlined in prior public procurement contracts, including the issue of contract termination. Lastly, it was emphasized that demonstrating the trustworthiness of the economic operator is a viable way to prevent its exclusion from the public procurement process.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115421769","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The subject of the paper is the analysis of the application of house arrest, i.e. the prison sentence that is served in the premises where the convicted person lives, with the aim of pointing out the situation in practice with de lege ferenda proposals. After a brief presentation of the general conceptual framework, purpose and place in the system of criminal sanctions in modern criminal-legal systems and in domestic conditions, the paper presents a normative framework for the application of house arrest in the domain of domestic substantive and executive criminal legislation. Considering the increasingly widespread application of this measure in practice, in a separate part of the paper, disputed issues of both the imposition and execution of house arrest were analyzed, with the argumentation of the need for more precise normative solutions in terms of defining house arrest as a special criminal sanction and not as a modality in the execution of a prison sentence. More precisely regulated issues of competence and organization of the probation service would contribute to overcoming the existing difficulties in the implementation of the house arrest measure.
{"title":"KUĆNI ZATVOR – SPORNA PITANjA IZRICANjA I IZVRŠENjA","authors":"Snežana Soković","doi":"10.46793/xixmajsko.895s","DOIUrl":"https://doi.org/10.46793/xixmajsko.895s","url":null,"abstract":"The subject of the paper is the analysis of the application of house arrest, i.e. the prison sentence that is served in the premises where the convicted person lives, with the aim of pointing out the situation in practice with de lege ferenda proposals. After a brief presentation of the general conceptual framework, purpose and place in the system of criminal sanctions in modern criminal-legal systems and in domestic conditions, the paper presents a normative framework for the application of house arrest in the domain of domestic substantive and executive criminal legislation. Considering the increasingly widespread application of this measure in practice, in a separate part of the paper, disputed issues of both the imposition and execution of house arrest were analyzed, with the argumentation of the need for more precise normative solutions in terms of defining house arrest as a special criminal sanction and not as a modality in the execution of a prison sentence. More precisely regulated issues of competence and organization of the probation service would contribute to overcoming the existing difficulties in the implementation of the house arrest measure.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124095070","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Humanism or altruism, patriotism or any other action that would be motivated, if not by love, at least by care and attention, i.e. empathy or consideration for the interests of others, they are really so rare that they are simply difficult to notice, especially in these harsh times. It's as if we forgot about them. And that is the same, as if they are not there. From the point of view of the individual and the protection of his life, there is no difference. Precisely, although quite superfluous, if there are so many homeless, exiles, refugees, in a word, unfortunate, abandoned, forgotten, "invisible" people who no one cares about, isn't it hypocritical to talk about the community's care for the individual. Nevertheless, respecting the individual and some other segments of human existence, certain forms of reality in certain countries show different, new tendencies, which from the author's point of view can be subsumed under "real solutions" of importance for understanding the relevant problem. So, in that whole story, in its ambiguity and complexity, in the multitude of questions that "open up" in connection with it, the central one is recognized - does a person have the right to a dignified death'? Yes, the position of the Spanish legislator is to allow euthanasia, and it is explicitly formulated in Law LO 2/2021. For example, on October 18, 2021, Spain decided to legalize voluntary euthanasia and assisted suicide for people suffering from serious and incurable diseases who want to end their suffering and life. By passing such a law, Spain has become the fourth country in Europe to allow both forms of ending the life of a dying patient. The paper will, therefore, analyze in more detail the specifics of the legal regulation of euthanasia in Spanish law, and briefly provide a comparative analysis of its criminal law regulation in some other European countries that have decided to regulate this sensitive issue in a different or the same way - through its legalization.
{"title":"PRAVNO REGULISANjE EUTANAZIJE U ŠPANIJI I NEKIM ZEMLjAMA EVROPSKE UNIJE","authors":"Dragan Petrović","doi":"10.46793/xixmajsko.669p","DOIUrl":"https://doi.org/10.46793/xixmajsko.669p","url":null,"abstract":"Humanism or altruism, patriotism or any other action that would be motivated, if not by love, at least by care and attention, i.e. empathy or consideration for the interests of others, they are really so rare that they are simply difficult to notice, especially in these harsh times. It's as if we forgot about them. And that is the same, as if they are not there. From the point of view of the individual and the protection of his life, there is no difference. Precisely, although quite superfluous, if there are so many homeless, exiles, refugees, in a word, unfortunate, abandoned, forgotten, \"invisible\" people who no one cares about, isn't it hypocritical to talk about the community's care for the individual. Nevertheless, respecting the individual and some other segments of human existence, certain forms of reality in certain countries show different, new tendencies, which from the author's point of view can be subsumed under \"real solutions\" of importance for understanding the relevant problem. So, in that whole story, in its ambiguity and complexity, in the multitude of questions that \"open up\" in connection with it, the central one is recognized - does a person have the right to a dignified death'? Yes, the position of the Spanish legislator is to allow euthanasia, and it is explicitly formulated in Law LO 2/2021. For example, on October 18, 2021, Spain decided to legalize voluntary euthanasia and assisted suicide for people suffering from serious and incurable diseases who want to end their suffering and life. By passing such a law, Spain has become the fourth country in Europe to allow both forms of ending the life of a dying patient. The paper will, therefore, analyze in more detail the specifics of the legal regulation of euthanasia in Spanish law, and briefly provide a comparative analysis of its criminal law regulation in some other European countries that have decided to regulate this sensitive issue in a different or the same way - through its legalization.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128901461","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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