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NABAVLjANjE, DRŽANjE I NOŠENjE ORUŽJA PO ZAKONU O ORUŽJU I MUNICIJI U REPUBLICI SRBIJI
Pub Date : 2022-12-01 DOI: 10.46793/gp.1302.39r
Jasmina Rajković
The Republic of Serbia's strategic commitment to European integration includes the harmonization of all relevant domestic regulations with European Union regulations, including the legal regulations for the acquisition, possession and carrying of weapons. The Law on Weapons and Ammunition was passed on February 20, 2015, and it went into effect on March 5, 2016. The new law on weapons and ammunition was supposed to accomplish two things. The first is to enable effective control of weapon possession, thereby preventing misuse and improving the security of citizens of the Republic of Serbia. The second is to allow owners of legally possessed weapons to possess weapons without restriction and to use them for the legally permitted purposes of hunting, sports and collecting. The problem that will be addressed in this paper is an examination of the achievement of these two objectives nearly six years after the law's enactment. The author conducted this analysis by comparing basic statistical data on weapons from the start of the "new" law's application to basic statistical data on weapons from the start of the "old" law's application on weapons and ammunition. Finally, the author makes recommendations for more effective implementation of the Law on weapons and ammunition, as well as recommendations for future solutions in the areas of weapon acquisition, possession and carrying.
塞尔维亚共和国对欧洲一体化的战略承诺包括使所有有关的国内条例与欧洲联盟条例协调一致,包括关于获取、拥有和携带武器的法律条例。《武器弹药法》于2015年2月20日通过,2016年3月5日起施行。有关武器和弹药的新法律本应实现两件事。第一是能够有效控制武器的拥有,从而防止滥用和改善塞尔维亚共和国公民的安全。二是允许合法拥有武器的人不受限制地拥有武器,并将武器用于合法允许的狩猎、体育和收藏目的。本文将讨论的问题是在法律颁布近六年后对这两个目标的实现情况进行审查。笔者将“新”法适用之初的武器基本统计数据与“旧”法适用之初的武器基本统计数据进行对比分析。最后,作者就更有效地执行《武器和弹药法》提出建议,并就今后在武器取得、拥有和携带方面的解决办法提出建议。
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引用次数: 0
LJUDSKA PRAVA NA RADNOM MJESTU – PRAVO NA PRIVATNOST
Pub Date : 2022-12-01 DOI: 10.46793/gp.1302.03p
Pešić Miodrag
Human rights are acquired by birth and as moral principles that determine behaviour, they are deeply embedded in the foundations of every modern society. Thus, the right to respect for private life, as a human right guaranteed to all citizens, found its place in national and international documents. However, the right to respect for private life, in terms of the working environment of an employee, may overlap with some other rights of an employee and as such, besides being very often in collision with the rights and interests of an employer due to the characteristics of a certain legal system, when realizing the eventual judicial protection, can be difficult to recognize in practice. The inviolability of the dignity of employees should be imperative when exercising their rights from work and based on work. Therefore, the violation of any right, including the right to respect for private life, is a violation of human rights, for which reasons it is necessary to indicate what can be a violation, and what are the legal consequences, and to act preventively so that the aforementioned negative behaviours do not occur in society. The aim of this work is to point out possible violations of the right to respect for an employee's private life at the workplace, the procedure for obtaining legal protection due to a violation of employee's right to privacy, when this right may be restricted, similarities between the violation of the right to respect for private life and some other rights that are guaranteed to an employee either by national or international legal acts.
人权是与生俱来的,作为决定行为的道德原则,人权深深植根于每个现代社会的基础之中。因此,作为保障所有公民的一项人权,尊重私人生活的权利在国家和国际文件中占有一席之地。然而,就雇员的工作环境而言,尊重私人生活的权利可能与雇员的其他一些权利重叠,而且由于某种法律制度的特点,这一权利除了经常与雇主的权益发生冲突外,在实现最终的司法保护时,在实践中很难得到承认。员工在行使从工作中产生的权利和基于工作的权利时,其尊严的不可侵犯性是必不可少的。因此,侵犯任何权利,包括尊重私人生活的权利,都是对人权的侵犯,因此有必要指出什么是侵犯,其法律后果是什么,并采取预防措施,使上述消极行为在社会上不再发生。这项工作的目的是指出在工作场所尊重员工私人生活的权利可能受到侵犯,由于侵犯员工隐私权而获得法律保护的程序,当这种权利可能受到限制时,侵犯尊重私人生活的权利与国家或国际法律行为保障员工的其他一些权利之间的相似之处。
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引用次数: 0
THE EDUCATION AND EMPLOYMENT OF PERSONS WITH DISABILITIES IN MONTENEGRO: LEGE LATA AND EUROPEAN STANDARDS 黑山残疾人的教育和就业:拉脱维亚法律和欧洲标准
Pub Date : 2022-12-01 DOI: 10.46793/gp.1302.55a
M. Anđelić
The paper aims at reviewing the position of persons with disabilities in Montenegro within the context of the legislation reform necessitated by the need to harmonise the country’s legislation with the EU standards. In the Montenegrin legislation, a number of laws were passed that not only adequately protect the status of persons with disabilities, but also integrate a number of stimulating measures for employers that encourage the employment of persons with disabilities. However, the employment of people with disabilities seems to face a number of obstacles. Legislative imperfections become negligible in relation to problems related to the education of persons with disabilities, their agility, and certain problems regarding the willingness of employers to employ them. From the methodological aspect, a number of scientific methods of research and data processing were used in the work: - Historical-descriptive is important in order to see the development process of the protection of persons with disabilities in terms of appropriate legislation and measures that contribute to their employability;- Descriptive method is important when defining basic terms such as: disability, persons with disabilities and the like;- Quantitative analysis was used dominantly in the analysis of the representation of persons with disabilities in the total population, in the labor market, both in terms of the number of employed and unemployed; - The dogmatic method is used in the study of national rights, both in their entirety and in parts, but also in the study of the European legal framework; - Comparative analysis is important when comparing certain provisions in European legislation and national legislation;- The analysis method is used throughout the work, and it is used to analyze basic legal terms, positive law and statistical and other data; - The synthesis method is particularly important for determining conclusions and providing answers to the set goals of this research.
本文的目的是在立法改革的背景下审查黑山残疾人的地位,因为需要使该国的立法与欧盟标准保持一致。在黑山的立法中,通过了一些法律,这些法律不仅充分保护残疾人的地位,而且还纳入了一些鼓励雇主雇用残疾人的激励措施。然而,残疾人的就业似乎面临着一些障碍。在与残疾人的教育、残疾人的灵活性以及雇主雇用残疾人的意愿有关的某些问题方面,立法上的不完善可以忽略不计。在方法方面,工作中使用了一些科学的研究和数据处理方法:-历史描述性方法很重要,以便从有助于残疾人就业的适当立法和措施方面看到保护残疾人的发展过程;-描述性方法在定义基本术语时很重要,例如:残疾、残疾人等;-在分析残疾人在总人口和劳动力市场中的代表性时,主要采用了定量分析,包括就业和失业人数;-在研究全部和部分国家权利时,以及在研究欧洲法律框架时,都采用了教条式的方法;-在比较欧洲立法和国家立法中的某些规定时,比较分析很重要;-分析方法贯穿于整个工作,用于分析基本法律术语、成文法和统计等数据;-综合方法对于确定结论和为本研究的既定目标提供答案尤为重要。
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引用次数: 0
VIŠESTRUKI POVRAT U POZITIVNOM KRIVIČNOM ZAKONODAVSTVU
Pub Date : 2022-12-01 DOI: 10.46793/gp.1302.25v
Mirko Voštinić
In the paper, the author deals with the issue of repeated offence in positive criminal law, as an institution that, along with life imprisonment, caused the most controversy after the last changes to the Criminal Code. First of all, the historical development of this institute, which existed in our post-war law for many decades, was pointed out. Then numerous problems in its application were pointed out, which was often contributed to by different attitudes, not only of the lower courts, but also of the highest courts. Although the provision regulating repeated offence is apparently clear, in only three years of existence of this institute, numerous problems have arisen in practical application. For this reason, the paper pointed out the issue of cumulative application of the conditions of repeated offence prescribed by the Code, the issue of how to calculate half of the range of the prescribed penalty, the issue of application in the case of fines, etc. It is fundamentally important to give adequate answers to all disputed questions, because the incorrect application of the provision on repeated offence, on the one hand, can seriously threaten the rights of the defendant, and on the other hand, make sense of the application of this institute meaningless.
在本文中,作者探讨了实在法中的重犯问题,作为一项制度,与终身监禁一起,在刑法最后一次修改后引起了最大的争议。首先,指出了这一制度在我国战后法律中存在了几十年的历史发展。然后指出了其适用中的许多问题,这些问题往往是由不同的态度造成的,不仅是下级法院,而且是最高法院。虽然管制重复犯罪的规定显然是明确的,但在该机构成立仅三年的时间里,在实际应用中出现了许多问题。为此,本文指出了《刑法》规定的重复犯罪条件的累加适用问题、规定处罚幅度的一半如何计算问题、罚款情况下的适用问题等。对所有有争议的问题给予充分的回答是至关重要的,因为不正确地适用重复犯罪的规定一方面会严重威胁被告的权利,另一方面也会使这一制度的适用变得毫无意义。
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引用次数: 0
PRAVNA DRŽAVA I MEDIJI – KANONI MEDIJSKOG PRAVA
Pub Date : 2022-12-01 DOI: 10.46793/gp.1302.69m
Stefan Milić
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引用次数: 1
ULOGA MEDIJA U OSTVARIVANjU PREDSTAVNIČKE FUNKCIJE NARODNE SKUPŠTINE REPUBLIKE SRBIJE
Pub Date : 2021-12-01 DOI: 10.46793/gp.1202.021k
Аnika Kovačević
With the emergence and development of new information and communications technologies, true, timely and complete information, as well as one’s guaranteed right to it, becomes an extremely powerful means. Also, the inevitable and omnipresent globalization process implies a picture of the world as a joint space in which the technological, political, economic and ecological threads of interdependence are woven at great speed, thereby negating geographical distances and making the democratic form of government universal. Today, media are the keepers of democratic legal and political systems of modern countries. They represent the main communications channel between the National Assembly and the citizens and the most significant means of informing the citizens about public affairs. In order for the citizens to freely elect their representatives and take part in the making of the most important decisions and the creation of policies, it is necessary that they have freedom of expression and that true, timely and complete information is made available to them, which includes information about the representative candidates, the elections procedure, the elections results, as well as the actions of their representatives during their term in office.
随着新的信息通信技术的出现和发展,真实、及时、完整的信息以及个人知情权的保障成为一种极其有力的手段。此外,不可避免和无所不在的全球化进程意味着世界是一个共同空间的图景,在这个共同空间中,相互依存的技术、政治、经济和生态线索以极快的速度编织,从而否定了地理距离,并使民主形式的政府普遍存在。今天,媒体是现代国家民主法律和政治制度的守护者。国会议员是国会与国民之间的主要沟通渠道,是向国民通报公共事务的最重要渠道。为了让公民自由选举他们的代表,参与最重要的决定和政策的制定,他们必须有言论自由,必须向他们提供真实、及时和完整的信息,其中包括关于代表候选人、选举程序、选举结果以及他们的代表在其任期内的行动的信息。
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引用次数: 0
USTAVNI DIZAJN POLOŽAJA PREDSEDNIKA REPUBLIKE TURSKE
Pub Date : 2021-12-01 DOI: 10.46793/gp.1202.037l
Jakub Leković
The constitutional reforms of 2017 in the Republic of Turkey continued with the noticeable tendency of strengthening the executive power embodied in the institution of the head of state. Finally, this institution is constitutionally designed in a form that provokes significant debates in the legal and political public, which makes the subject interest even more provocative and attractive. The paper tries to present the understanding of the existing system of government in Turkey with the dominant position of the institution of the President of the Republic. In order to complete the objective notion of central research, it is first necessary to analyze the development of recent Turkish constitutional history during this century and explore the personal element of the institution of the head of state recognizable in the current president, Recep Tayyip Erdogan. In order to fully master the problem in question, it is necessary to pay appropriate attention to the institution of the army. Finally, the concluding epilogue of the conducted research can be a contribution to the discussions on the qualification of the type of government system of the state in question.
2017年土耳其共和国的宪法改革继续以加强国家元首制度所体现的行政权力的明显趋势进行。最后,这一机构在宪法上的设计形式引发了法律和政治公众的重大辩论,这使得主题兴趣更具挑衅性和吸引力。本文试图以土耳其共和国总统制度为主导,呈现对土耳其现有政府体制的理解。为了完成中心研究的客观概念,首先有必要分析本世纪土耳其近代史的发展,并探索现任总统雷杰普·塔伊普·埃尔多安所认可的国家元首制度的个人因素。为了充分掌握问题所在,有必要对军队的制度给予适当的重视。最后,所进行的研究的结束语可以为讨论所讨论的国家的政府系统类型的资格做出贡献。
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引用次数: 0
PONIŠTAJ ARBITRAŽNE ODLUKE DONETE OD STRANE AGENCIJE ZA MIRNO REŠAVANjE RADNIH SPOROVA
Pub Date : 2021-12-01 DOI: 10.46793/gp.1202.055s
Milan Savić
Word of the dispute is primarily associated with the intervention of the court. This is a traditional way of resolving labor disputes. The tendency in the world is to get as many of these disputes resolved peacefully, fast and fair manner at low cost. Avoiding court decision increases the chance of finding a favorable solution to the two opposing sides. The content of an arbitration agreement is of great importance to the parties in the arbitration proceedings. An arbitration agreement express the contractual freedom of the parties and list of facultative elements of an arbitration. Main benefits from peaceful solving labor disputes are expediency and cheap costs of the arbitration process. The arbitratior represents quasi – judicial instance and him may be wrong in his decision. The decision process is single and there is no possibility of appeal. This option would slow down the process of resolving issues. But, it can not be situation that would not be any way to void the wrong decision of the arbitratior. It could be chance to avoid this situation. Exactly because of that case, it must be provided for the possibility of annulment decision from peaceful settlment labor disputes agency. Reasons for cancellation must be a procedural character. Courts should not enter into the merits because it would further slow the troubleshooting. This would replicate the slowness of the trial in arbitration deciding. This length of proceedings before the courts is contary to the idea of arbitration as a quick, cheap, efficient and above all peacefull methods of resolving labor disputes. Court in relation to arbitration should have only a supervisory function. Blending the merits of arbitartion decisions would be deprived of independence and efficiency.
争议的说法主要与法院的干预有关。这是解决劳资纠纷的传统方式。世界上的趋势是尽可能多地以和平、快速和公平的方式以低成本解决这些争端。避免法院裁决增加了找到对对立双方有利的解决方案的机会。仲裁协议的内容对仲裁的当事人来说是非常重要的。仲裁协议表达了当事人的合同自由和仲裁的可性要素清单。和平解决劳资纠纷的主要好处是仲裁程序的权宜之计和低廉的成本。仲裁员代表准司法案件,他的决定可能是错误的。裁决程序是单一的,没有上诉的可能性。这一选择将减缓解决问题的进程。但是,不能出现任何办法都不能使仲裁庭的错误决定无效的情况。这可能是避免这种情况的机会。正是因为这种情况,必须提供和平解决劳动争议机构撤销决定的可能性。取消的理由必须是程序性的。法院不应介入是非曲实问题,因为这会进一步减缓排除问题的速度。这将重复仲裁裁决过程中审判的缓慢。这种冗长的诉讼程序与仲裁作为一种快速、廉价、高效、尤其是和平解决劳资纠纷的方法的理念背道而驰。法院在仲裁方面应该只具有监督职能。将仲裁决定的优点混合在一起将会丧失独立性和效率。
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引用次数: 0
IZAZOVI I KAPACITETI JAVNOG UPRAVLjANjA U ZEMLjAMA BRIKS-A
Pub Date : 2021-12-01 DOI: 10.46793/gp.1202.069dj
Žarko Đorić
In the last decade, the BRICS countries have undoubtedly become the epicenter of global economic growth. However, dissatisfaction with the modernization process has led to the emergence of a new concept: public governance. Politically, BRICS is made up of three democracies (including the largest in the world, India), a totalitarian regime (China) and a nation characterized by significant authoritarian tendencies (Russia). Several issues that are important to the BRICS member states for the coming period concern the stability of constitutional systems, anti-terrorist efforts, accounting for corruption and security. The BRICS countries have relatively well-developed institutional and legal frameworks necessary to foster the rule of law regime. However, strong corruption and political indulgence have led to erosion in political, economic and legal institutions, a weakening of judicial independence and a lack of democratic accountability. For the success of the BRICS countries, strengthening the rule of law is more critical than ever for further economic progress, which is a long-term process and requires adequate measures to be taken to ensure respect for the principle of superiority of law, equality before the law, responsibility under the law, fairness in the application of the law, division of power, participation, legal certainty in decision making, avoidance of arbitrariness and procedural and legal transparency.
过去10年,金砖国家无疑已成为全球经济增长的中心。然而,对现代化进程的不满导致了一个新概念的出现:公共治理。在政治上,金砖国家由三个民主国家(包括世界上最大的民主国家印度)、一个极权主义政权(中国)和一个具有明显专制倾向的国家(俄罗斯)组成。今后一段时期,金砖国家面临的重要问题包括维护宪法制度稳定、反恐努力、打击腐败和安全问题。金砖国家拥有较为完善的法治制度和法律框架。然而,严重的腐败和政治放纵导致政治、经济和法律机构受到侵蚀,司法独立受到削弱,缺乏民主问责制。金砖国家要取得成功,加强法治比以往任何时候都更加重要,这是一个长期的过程,需要采取适当措施,确保尊重法律至上、法律面前人人平等、法律管辖下责任、法律适用公平、权力分工、参与、决策的法律确定性、避免任意性、程序和法律透明度。
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引用次数: 0
NASILjE U PORODICI I POLICIJSKA REAKCIJA
Pub Date : 2019-12-01 DOI: 10.46793/gp.1002.161p
Aleksandar Petrov
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引用次数: 0
期刊
Glasnik prava
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