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":"81 1","pages":"0"},"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":"8 1","pages":"0"},"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}
The subject of this work is statutory audit as an audit, private and commercial service and its distinction from other private and commercial services, as well as from other audit services - cooperative and state audit services. The aim of the paper is to investigate whether the statutory audit service is the same or different, on the one hand, from other audit services, and on the other hand, from other private and commercial services. The purpose of the work is to highlight all the peculiarities, properties and characteristics of the statutory audit service provided by audit companies and entrepreneurial auditors to users.
{"title":"ZAKONSKA REVIZIJA KAO REVIZORSKA USLUGA","authors":"Ljubiša Dabić","doi":"10.46793/xixmajsko.699d","DOIUrl":"https://doi.org/10.46793/xixmajsko.699d","url":null,"abstract":"The subject of this work is statutory audit as an audit, private and commercial service and its distinction from other private and commercial services, as well as from other audit services - cooperative and state audit services. The aim of the paper is to investigate whether the statutory audit service is the same or different, on the one hand, from other audit services, and on the other hand, from other private and commercial services. The purpose of the work is to highlight all the peculiarities, properties and characteristics of the statutory audit service provided by audit companies and entrepreneurial auditors to users.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130424406","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}
This paper will analyze the structure and performance of the financial planning system in post-soviet Russia, especially in light of the efforts of financial managers to model the country's budget system on a modern basis through numerous reforms. Bearing in mind the systemic inflexibility of the bureaucratic apparatus inherited from the period of the Soviet Union, the attempts of Russian reformers to refine the classic system of budget planning with the idea of budgeting according to performance, at first seemed unrealistically ambitious. In the paper, the author will analyze the environmental characteristics in which the reforms of the budget system of the Russian Federation were carried out, the content of the basic ideas that the reformers tried to implement, as well as the problems they encountered along the way.
{"title":"INOVACIJE U SISTEMU FINANSIJSKOG UPRAVLjANjA U RUSKOJ FEDERACIJI","authors":"Milivoje Lapčević","doi":"10.46793/xixmajsko.781l","DOIUrl":"https://doi.org/10.46793/xixmajsko.781l","url":null,"abstract":"This paper will analyze the structure and performance of the financial planning system in post-soviet Russia, especially in light of the efforts of financial managers to model the country's budget system on a modern basis through numerous reforms. Bearing in mind the systemic inflexibility of the bureaucratic apparatus inherited from the period of the Soviet Union, the attempts of Russian reformers to refine the classic system of budget planning with the idea of budgeting according to performance, at first seemed unrealistically ambitious. In the paper, the author will analyze the environmental characteristics in which the reforms of the budget system of the Russian Federation were carried out, the content of the basic ideas that the reformers tried to implement, as well as the problems they encountered along the way.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126700006","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 paper examines the issue of the limitation of the right to privileges arising from the status of users of services in the higher education sector. Higher education represents one of the main means of general social development, creation and development of a democratic environment, and therefore the powers and obligations arising from the status of users of services in this activity are quite carefully regulated by numerous legal acts in our legal system. Despite this, in practice we witness that the effectiveness of the norms in these acts has a more than questionable character, all due to their inexplicable and unusual inconsistency. The work is dedicated to a critical analysis of controversial solutions that can be encountered when considering these acts, as well as indicating possible directions for overcoming the given problems in an adequate way.
{"title":"OGRANIČENjE PRAVA NA POVLASTICE PROIZAŠLOG IZ STATUSA STUDENTA","authors":"Dejan Matić","doi":"10.46793/xixmajsko.815m","DOIUrl":"https://doi.org/10.46793/xixmajsko.815m","url":null,"abstract":"The paper examines the issue of the limitation of the right to privileges arising from the status of users of services in the higher education sector. Higher education represents one of the main means of general social development, creation and development of a democratic environment, and therefore the powers and obligations arising from the status of users of services in this activity are quite carefully regulated by numerous legal acts in our legal system. Despite this, in practice we witness that the effectiveness of the norms in these acts has a more than questionable character, all due to their inexplicable and unusual inconsistency. The work is dedicated to a critical analysis of controversial solutions that can be encountered when considering these acts, as well as indicating possible directions for overcoming the given problems in an adequate way.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125819665","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}
This paper is dedicated to the services offered by cultural and artistic organizations and centers for cherishing traditional culture. Firstly, the author presents the concept and description of these important institutions in the Republic of Serbia which deal with the preservation of rich cultural heritage, traditional values, crafts, creative arts and all other forms of intangible cultural heritage. They all constitute immeasurable historical, cultural and artistic value for our country and for preserving its national and cultural identity. Therefore there is a great number of services offered by cultural and artistic organizations contracted by the government to perform this important mission. Also, as a result of a significant role which they play in the society, the number of such organizations and associations is still increasing. Particular place is reserved for the organizations aimed at the revival of forgotten crafts and arts which are in great demand in the global market.
{"title":"PRUŽANjE USLUGA KULTURNO-UMETNIČKIH DRUŠTAVA I CENTARA ZA NEGOVANjE TRADICIONALNE KULTURE","authors":"Dragan Bataveljić","doi":"10.46793/xixmajsko.245b","DOIUrl":"https://doi.org/10.46793/xixmajsko.245b","url":null,"abstract":"This paper is dedicated to the services offered by cultural and artistic organizations and centers for cherishing traditional culture. Firstly, the author presents the concept and description of these important institutions in the Republic of Serbia which deal with the preservation of rich cultural heritage, traditional values, crafts, creative arts and all other forms of intangible cultural heritage. They all constitute immeasurable historical, cultural and artistic value for our country and for preserving its national and cultural identity. Therefore there is a great number of services offered by cultural and artistic organizations contracted by the government to perform this important mission. Also, as a result of a significant role which they play in the society, the number of such organizations and associations is still increasing. Particular place is reserved for the organizations aimed at the revival of forgotten crafts and arts which are in great demand in the global market.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114893829","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}
Refusal to provide services to another undertaking can be deemed as an abuse of dominant market position in exceptional circumstances only considering that undertakings are free to choose its trading partners. It means that refusal of services provision is unlawfully abusive if it is likely to lead to the elimination of effective if not all competition on a downstream market. It will be a case if refusal relates to a service that is objectively necessary for refused undertaking to do business effectively and if that refusal is not justified by technical or commercial reasons.
{"title":"ODBIJANjE PRUŽANjA USLUGA","authors":"Stefan Šokinjov","doi":"10.46793/xixmajsko.977s","DOIUrl":"https://doi.org/10.46793/xixmajsko.977s","url":null,"abstract":"Refusal to provide services to another undertaking can be deemed as an abuse of dominant market position in exceptional circumstances only considering that undertakings are free to choose its trading partners. It means that refusal of services provision is unlawfully abusive if it is likely to lead to the elimination of effective if not all competition on a downstream market. It will be a case if refusal relates to a service that is objectively necessary for refused undertaking to do business effectively and if that refusal is not justified by technical or commercial reasons.","PeriodicalId":325482,"journal":{"name":"Pravna regulativa usluga u nacionalnim zakonodavstvima i pravu Evropske Unije","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115059484","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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