Highly regulated legal relations in a single legal system reflects the level of legal culture of a nation. When it comes to standardizing the relationship between the branchеs of government and other subjects of the political system and the public, regulatory bodies and independent institutions that have a considerable degree of autonomy in their work and this is a sensitive issue. States authorities must fulfill their functions of creating the law, its execution, and creating a general national policy (and the creator of that creation is executive power) whose element is also economic policy. In this paper, the authors pay attention to defining a branches of power, starting from the triple division of functions of state power into legislative, judicial and executive. It is pointed out that there are different types of organizations, primarily the executive, ie parliamentary, presidential, semi-presidential and аssembly system Relations between the branches of government and the central bank are different in the legal systems. This has to do with the system of government organization and democratic relations in society. The primary function of the modern central bank is to control the supply of money and credit conditions in the country. The Central Bank is responsible for the conduct of monetary policy and in the achievement of its objectives it must not be blocked by two political branches of government: legislative and executive. The executive has the greatest responsibility for the state of the nation, and thus in some legal systems it still has a major impact on the central bank's staff structure.
{"title":"ODNOS CENTRALNE BANKE I GRANA DRŽAVNE VLASTI","authors":"Sveto Purić, M. Rapajić","doi":"10.46793/gp.0901.39p","DOIUrl":"https://doi.org/10.46793/gp.0901.39p","url":null,"abstract":"Highly regulated legal relations in a single legal system reflects the level of legal culture of a nation. When it comes to standardizing the relationship between the branchеs of government and other subjects of the political system and the public, regulatory bodies and independent institutions that have a considerable degree of autonomy in their work and this is a sensitive issue. States authorities must fulfill their functions of creating the law, its execution, and creating a general national policy (and the creator of that creation is executive power) whose element is also economic policy. In this paper, the authors pay attention to defining a branches of power, starting from the triple division of functions of state power into legislative, judicial and executive. It is pointed out that there are different types of organizations, primarily the executive, ie parliamentary, presidential, semi-presidential and аssembly system Relations between the branches of government and the central bank are different in the legal systems. This has to do with the system of government organization and democratic relations in society. The primary function of the modern central bank is to control the supply of money and credit conditions in the country. The Central Bank is responsible for the conduct of monetary policy and in the achievement of its objectives it must not be blocked by two political branches of government: legislative and executive. The executive has the greatest responsibility for the state of the nation, and thus in some legal systems it still has a major impact on the central bank's staff structure.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131168330","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}
Although the legal protection of the business name system is preferable to the modalities of the court's protection of the company from the basic regulations on commercial (economical) companies, this does not exclude the possibility of criminal law protection of the company according to positive criminal legislation. Through the analysis of the new criminal legislation of the Republic of Croatia and Bosnia and Herzegovina, this modality of protection is updated in terms of its better quality recognition or comparison of solutions in comparable legal systems in order to change the existing regulation.
{"title":"KOMPARATIVNI PREGLED KAZNENOPRAVNE ZAŠTITE TVRTKE U PRAVU REPUBLIKE HRVATSKE I BOSNE I HERCEGOVINE","authors":"Dragan Zlatović, Ante Galić","doi":"10.46793/gp.1001.123z","DOIUrl":"https://doi.org/10.46793/gp.1001.123z","url":null,"abstract":"Although the legal protection of the business name system is preferable to the modalities of the court's protection of the company from the basic regulations on commercial (economical) companies, this does not exclude the possibility of criminal law protection of the company according to positive criminal legislation. Through the analysis of the new criminal legislation of the Republic of Croatia and Bosnia and Herzegovina, this modality of protection is updated in terms of its better quality recognition or comparison of solutions in comparable legal systems in order to change the existing regulation.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128647861","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}
Modern society is characterized by exceptional dynamics of political, social and economic processes, both nationally and globally. More than ever, knowledge and information are becoming key resources that determine the political, economic, cultural, scientific, military status of one country, more precisely the "superiority" of one national system over another. That said, it does not mean the isolation of one country in relation to others, relying only on its own resources and achievements, but on the contrary. Connecting with other national, regional and international entities, communication, exchange of data and information and experiences, is a prerequisite for development. Analyzing developed countries, the so-called welfare states, we can conclude that they have such models of public administration that significantly apply most of the principles of market economy, especially in terms of efficiency and economy - timely and quality service with the least time and material resources. In that sense, the use of modern technologies is especially pronounced, both in the internal organization of public administration, and in the relationship of administration to the economy, individuals and all other entities. The application of modern technologies in the work is a key feature of the e-government model, which makes the classic "paper administration" modern and operational, able to respond faster and more efficiently to the challenges ahead. The paper will analyze the concept of e-government, with reference to e- government in the Republic of Serbia, modern work technologies, advantages and possibilities of transition to e-government as well as the most important services provided by e-government to the economy and individuals.
{"title":"ELEKTRONSKA UPRAVA – KONCEPT I USLUGE SA OSVRTOM NA ELEKTRONSKU UPRAVU U REPUBLICI SRBIJI","authors":"D. Vučinić","doi":"10.46793/gp.1101.45v","DOIUrl":"https://doi.org/10.46793/gp.1101.45v","url":null,"abstract":"Modern society is characterized by exceptional dynamics of political, social and economic processes, both nationally and globally. More than ever, knowledge and information are becoming key resources that determine the political, economic, cultural, scientific, military status of one country, more precisely the \"superiority\" of one national system over another. That said, it does not mean the isolation of one country in relation to others, relying only on its own resources and achievements, but on the contrary. Connecting with other national, regional and international entities, communication, exchange of data and information and experiences, is a prerequisite for development. Analyzing developed countries, the so-called welfare states, we can conclude that they have such models of public administration that significantly apply most of the principles of market economy, especially in terms of efficiency and economy - timely and quality service with the least time and material resources. In that sense, the use of modern technologies is especially pronounced, both in the internal organization of public administration, and in the relationship of administration to the economy, individuals and all other entities. The application of modern technologies in the work is a key feature of the e-government model, which makes the classic \"paper administration\" modern and operational, able to respond faster and more efficiently to the challenges ahead. The paper will analyze the concept of e-government, with reference to e- government in the Republic of Serbia, modern work technologies, advantages and possibilities of transition to e-government as well as the most important services provided by e-government to the economy and individuals.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114792628","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 there will be analysed conventions of fundamental character that refer to fundamental human rights at work, starting from freedom of association, collective bargaining, elimination of forced or compulsory labour, equal opportunities and treatment in respect of employment and occupation, to child protection and prohibition and elimination of the worst forms of child labour. International labour standards (conventions and recommendations) are specific acts, which differ from other international instruments in its content. In addition to the abovementioned fundamental international labour standards, this paper will present the importance of implementation hereof via national legislation.
{"title":"FUNDAMENTALNE KONVENCIJE MEĐUNARODNE ORGANIZACIJE RADA I NjIHOVA PRIMJENA U NACIONALNIM ZAKONODAVSTVIMA","authors":"Zoran Magdelinić","doi":"10.46793/gp.1101.31m","DOIUrl":"https://doi.org/10.46793/gp.1101.31m","url":null,"abstract":"In this paper there will be analysed conventions of fundamental character that refer to fundamental human rights at work, starting from freedom of association, collective bargaining, elimination of forced or compulsory labour, equal opportunities and treatment in respect of employment and occupation, to child protection and prohibition and elimination of the worst forms of child labour. International labour standards (conventions and recommendations) are specific acts, which differ from other international instruments in its content. In addition to the abovementioned fundamental international labour standards, this paper will present the importance of implementation hereof via national legislation.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"215 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114843081","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 object of the author's attention in this paper are innominate contracts. More specifically, the question of types of innоminate contracts that appear regularly in contractual practice. Then, the author deals with the problem of applying the legal rules to innominate contracts. Finally, the author analyzes another problem that occurs regularly in contractual practice, which is the integration of innominate contracts.
{"title":"NEIMENOVANI UGOVORI","authors":"Milan Ječmenić","doi":"10.46793/gp.0901.13j","DOIUrl":"https://doi.org/10.46793/gp.0901.13j","url":null,"abstract":"The object of the author's attention in this paper are innominate contracts. More specifically, the question of types of innоminate contracts that appear regularly in contractual practice. Then, the author deals with the problem of applying the legal rules to innominate contracts. Finally, the author analyzes another problem that occurs regularly in contractual practice, which is the integration of innominate contracts.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131132796","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 Court of Justice of the European Union, through several judgments of recent date, has expanded the right of the trademark proprietor to prevent an unauthorized use of its trademark by third parties, thereby increasing the number of trademark functions that enjoy legal protection. Through this article, a gradual change in the position of the Court of Justice of the European Union in respect of the protection of the trademark functions, will be shown. In that sense, it will be shown, firstly, the traditional understanding of the trademark functions, as well as the need of their protection, then the legal framework that enabled the Court to expand the rights of the trademark proprietor and to enlarge the number of protected trademark functions, the judgements in which the Court sets the legal basis for the protection of trademark functions, and, in the end, the conclusion will show the problems caused by the abovementioned position of the Court, and one of the possible ways of resolving them will be offered.
{"title":"ZAŠTITA FUNKCIJA ŽIGA U PRAVU EVROPSKE UNIJE","authors":"Vukašin Petrovic","doi":"10.46793/gp.1301.003p","DOIUrl":"https://doi.org/10.46793/gp.1301.003p","url":null,"abstract":"The Court of Justice of the European Union, through several judgments of recent date, has expanded the right of the trademark proprietor to prevent an unauthorized use of its trademark by third parties, thereby increasing the number of trademark functions that enjoy legal protection. Through this article, a gradual change in the position of the Court of Justice of the European Union in respect of the protection of the trademark functions, will be shown. In that sense, it will be shown, firstly, the traditional understanding of the trademark functions, as well as the need of their protection, then the legal framework that enabled the Court to expand the rights of the trademark proprietor and to enlarge the number of protected trademark functions, the judgements in which the Court sets the legal basis for the protection of trademark functions, and, in the end, the conclusion will show the problems caused by the abovementioned position of the Court, and one of the possible ways of resolving them will be offered.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130828236","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}
Art. 3 of the Law on amendments to the Law on Execution of Criminal Sanctions, a new Art. 41a. entitled “Procedure for petition to execute imprisonment in the premises of the convicted person”. This amendment to the Law on Execution of Criminal Sanctions (which is both substantive and procedural in nature) gives the possibility and hope to a large of sentenced persons to imprisonment for up to one year, by their request, by the time they enter the sentence, re-examines the conviction and possibly changes the manner in which the prison sentence is served in one of the penitentiary institutions by executing it in the premises where the convicted person resides (“house arrest”). In this paper, the author will point out the legitimacy and compliance of this novelty with the basic principles of criminal law, the relationship with the certain provisions of the Criminal Code and the Code of Criminal Procedure, the intention of the legislator in its introduction, as well as its nature.
{"title":"KUĆNI ZATVOR U SVETLU NAJNOVIJIH IZMENA I DOPUNA ZAKONA O IZVRŠENjU KRIVIČNIH SANKCIJA","authors":"Stefan Petrašinović","doi":"10.46793/gp.1101.57p","DOIUrl":"https://doi.org/10.46793/gp.1101.57p","url":null,"abstract":"Art. 3 of the Law on amendments to the Law on Execution of Criminal Sanctions, a new Art. 41a. entitled “Procedure for petition to execute imprisonment in the premises of the convicted person”. This amendment to the Law on Execution of Criminal Sanctions (which is both substantive and procedural in nature) gives the possibility and hope to a large of sentenced persons to imprisonment for up to one year, by their request, by the time they enter the sentence, re-examines the conviction and possibly changes the manner in which the prison sentence is served in one of the penitentiary institutions by executing it in the premises where the convicted person resides (“house arrest”). In this paper, the author will point out the legitimacy and compliance of this novelty with the basic principles of criminal law, the relationship with the certain provisions of the Criminal Code and the Code of Criminal Procedure, the intention of the legislator in its introduction, as well as its nature.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129663823","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 author shows the changes in the Constitution of Ukraine, their essence. Ukraine is a young country that has so far had three constitutional amendments. All these changes have left an indelible mark in the political life of Ukraine, and in the great significance of the impact on the lives of Ukrainian citizens. The author deals in detail recent changes in the Ukrainian constitution, which wants to change politic system of Ukraine, so that would be returned from a semi-presidential system into a parliamentary system. Also, special attention is given to the institution of the referendum, which is in last time very often misused.
{"title":"IZMJENE UKRAJINSKOG USTAVA IZ 2014. GODINE","authors":"Ante Jelavić","doi":"10.46793/gp.0902.149j","DOIUrl":"https://doi.org/10.46793/gp.0902.149j","url":null,"abstract":"The author shows the changes in the Constitution of Ukraine, their essence. Ukraine is a young country that has so far had three constitutional amendments. All these changes have left an indelible mark in the political life of Ukraine, and in the great significance of the impact on the lives of Ukrainian citizens. The author deals in detail recent changes in the Ukrainian constitution, which wants to change politic system of Ukraine, so that would be returned from a semi-presidential system into a parliamentary system. Also, special attention is given to the institution of the referendum, which is in last time very often misused.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125487044","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}
Humanistically oriented understandings of the society about the need for wider and more intensive protection of juveniles from committing criminal offences against them, have led to the systematic regulation of criminal law protection of juveniles in recent criminal legislations. Due to the mutual influence between national and international legislative activities, numerous international standards are adopted at the international level, which refer to the regulation of the position of juveniles when they appear as victims of criminal offences. The paper presents international acts, universal and regional (adopted within the European Union), whose goal is to standardize the position of juveniles when they appear as victims of criminal offences. When formulating international standards, there is a noticeable effort to reflect the understanding of the sensitivity of the personality of juveniles who are still in the phase of development and maturation, but also the fact that the juvenile has already experienced trauma by committing a criminal offence against him, which requires prudence in handling and specialized organs.
{"title":"MEĐUNARODNI STANDARDI REGULISANjA POLOŽAJA MALOLETNIH ŽRTAVA KRIVIČNIH DELA","authors":"Višnja Ranđelović","doi":"10.46793/gp.1101.03r","DOIUrl":"https://doi.org/10.46793/gp.1101.03r","url":null,"abstract":"Humanistically oriented understandings of the society about the need for wider and more intensive protection of juveniles from committing criminal offences against them, have led to the systematic regulation of criminal law protection of juveniles in recent criminal legislations. Due to the mutual influence between national and international legislative activities, numerous international standards are adopted at the international level, which refer to the regulation of the position of juveniles when they appear as victims of criminal offences. The paper presents international acts, universal and regional (adopted within the European Union), whose goal is to standardize the position of juveniles when they appear as victims of criminal offences. When formulating international standards, there is a noticeable effort to reflect the understanding of the sensitivity of the personality of juveniles who are still in the phase of development and maturation, but also the fact that the juvenile has already experienced trauma by committing a criminal offence against him, which requires prudence in handling and specialized organs.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121600777","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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