By occupation, as the original mode of acquiring property, the individual acquires the ability to introduce things with attributes in legal transactions, we can say with the minimum conditions and without any formality. In certain historical periods, the occupation was much more economically significant than today, which is somewhat due to the existence of a much greater volume of natural resources and a lesser influence of the state through legal regulations regarding their exploitation. Among rules that regulate the ways of acquiring property, the occupation still exists, but may be seen greater strictness in defining and determining the conditions that must be met for one person one person to acquire property occupation. This strictness is present in determining things that can be acquired by occupation. Accordingly, the subject of the author's work are norms that regulate the acquisition of property by occupation in Serbian law and Roman law.
{"title":"PREDMET STICANjA SVOJINE OKUPACIJOM U SRPSKOM I RIMSKOM PRAVU","authors":"M. Sovrlić","doi":"10.46793/gp.0901.23s","DOIUrl":"https://doi.org/10.46793/gp.0901.23s","url":null,"abstract":"By occupation, as the original mode of acquiring property, the individual acquires the ability to introduce things with attributes in legal transactions, we can say with the minimum conditions and without any formality. In certain historical periods, the occupation was much more economically significant than today, which is somewhat due to the existence of a much greater volume of natural resources and a lesser influence of the state through legal regulations regarding their exploitation. Among rules that regulate the ways of acquiring property, the occupation still exists, but may be seen greater strictness in defining and determining the conditions that must be met for one person one person to acquire property occupation. This strictness is present in determining things that can be acquired by occupation. Accordingly, the subject of the author's work are norms that regulate the acquisition of property by occupation in Serbian law and Roman law.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"5 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":"124749741","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 article is concerned on social and legal phenomenon of brigandry, and it’s degradation from a form of fight for national liberation during the period of Otoman occupation into a serious criminal problem in restored Prinicipality. Accordingly, the first chapter of the article determines causes that led to massive occurrence of brigandry in Serbs during the Otoman rule. Central part of the work presents criminal and procedural actions that the Principality of Serbia enforced to contain brigandry. The fight against bringandry is analyzed from the point of numerous legal documents dedicated to this criminal act, enacted from the beginning of Milos Obrenovic’s rule to the moment the first Serbian Criminal law (Kaznitelni zakon za Knjazevstvo Srbiju) was adopted. In that respect, exceptional character of specific measures that the state was undertaking against brigands is studied in this article, and in particularly their relation to principles of legality and to specific basic personal rights guaranteed by (so called) Turkish Constitution from 1838.
本文论述了土匪的社会和法律现象，土匪从奥斯曼帝国占领时期的民族解放斗争沦落为复辟公国时期的严重犯罪问题。因此，本文第一章确定了在奥斯曼帝国统治期间导致塞族人大规模发生抢劫的原因。该工作的中心部分介绍了塞尔维亚公国为遏制强盗行为而采取的刑事和程序行动。从Milos Obrenovic的统治开始到第一部塞尔维亚刑法(Kaznitelni zakon za Knjazevstvo Srbiju)通过的那一刻起，针对这一犯罪行为制定了许多法律文件，从这一角度分析了打击带婚罪的斗争。在这方面，本文研究了国家对土匪采取的具体措施的特殊性质，特别是这些措施与1838年以来(所谓的)《土耳其宪法》所保障的合法性原则和具体的个人基本权利的关系。
{"title":"BORBA PROTIV HAJDUČIJE U KNEŽEVINI SRBIJI: IZMEĐU ZAKONITOSTI I BEZBEDNOSTI","authors":"Zoran Čvorović","doi":"10.46793/gp.0902.019c","DOIUrl":"https://doi.org/10.46793/gp.0902.019c","url":null,"abstract":"This article is concerned on social and legal phenomenon of brigandry, and it’s degradation from a form of fight for national liberation during the period of Otoman occupation into a serious criminal problem in restored Prinicipality. Accordingly, the first chapter of the article determines causes that led to massive occurrence of brigandry in Serbs during the Otoman rule. Central part of the work presents criminal and procedural actions that the Principality of Serbia enforced to contain brigandry. The fight against bringandry is analyzed from the point of numerous legal documents dedicated to this criminal act, enacted from the beginning of Milos Obrenovic’s rule to the moment the first Serbian Criminal law (Kaznitelni zakon za Knjazevstvo Srbiju) was adopted. In that respect, exceptional character of specific measures that the state was undertaking against brigands is studied in this article, and in particularly their relation to principles of legality and to specific basic personal rights guaranteed by (so called) Turkish Constitution from 1838.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"119 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":"121361144","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 comparison to many other countries in which all legal documents and/or substantive actions of administrative bodies can be the subject of constitutional complaint, in the law of Bosnia and Herzegovina, only individual legal documents of judicial authority may be the subject of dispute through appellation which embodies general characteristic of the constitutional complaint. Appellation is not permitted against individual documents or actions of other state organs, thus administrative bodies as well. However, control of constitutionality of administrative documents by the Constitutional court is possible indirectly: through appellate questioning of substantive and legal issues of the legally binding administrative-judicial decision which determined legality of final administrative decision. Decision rendered by the court replacing certain administrative decision may also be the subject of appellation, provided that such administrative decision has breached constitutional rights and freedoms. As a rule, should the Constitutional court of BiH, within its procedure initiated with submission of appellation, decide that there has been a breach of constitutional rights and freedoms in the judicial decision which ended the respective administrative dispute, not only administrative-judicial decisions (judgements and decisions) are revoked, but often are individual legal documents of the state and republic/cantonal administrative bodies revoked as well. Likewise, should the substantive document, i.e. administrative action, constitute the breach of constitutional rights and freedoms of citizens and such citizens use all available effective legal remedies against such document or decision, appellation may be submitted directly disputing certain document or actions of state body. Should, in specific case, there be no effective legal remedies available to citizens, appellation may be used to directly dispute administrative actions.
{"title":"USTAVNOSUDSKA KONTROLA UPRAVE PUTEM USTAVNE ŽALBE SA OSVRTOM NA PRAVNI SISTEM BOSNE I HERCEGOVINE","authors":"Sanja Golijanin","doi":"10.46793/gp.1001.003g","DOIUrl":"https://doi.org/10.46793/gp.1001.003g","url":null,"abstract":"In comparison to many other countries in which all legal documents and/or substantive actions of administrative bodies can be the subject of constitutional complaint, in the law of Bosnia and Herzegovina, only individual legal documents of judicial authority may be the subject of dispute through appellation which embodies general characteristic of the constitutional complaint. Appellation is not permitted against individual documents or actions of other state organs, thus administrative bodies as well. However, control of constitutionality of administrative documents by the Constitutional court is possible indirectly: through appellate questioning of substantive and legal issues of the legally binding administrative-judicial decision which determined legality of final administrative decision. Decision rendered by the court replacing certain administrative decision may also be the subject of appellation, provided that such administrative decision has breached constitutional rights and freedoms. As a rule, should the Constitutional court of BiH, within its procedure initiated with submission of appellation, decide that there has been a breach of constitutional rights and freedoms in the judicial decision which ended the respective administrative dispute, not only administrative-judicial decisions (judgements and decisions) are revoked, but often are individual legal documents of the state and republic/cantonal administrative bodies revoked as well. Likewise, should the substantive document, i.e. administrative action, constitute the breach of constitutional rights and freedoms of citizens and such citizens use all available effective legal remedies against such document or decision, appellation may be submitted directly disputing certain document or actions of state body. Should, in specific case, there be no effective legal remedies available to citizens, appellation may be used to directly dispute administrative actions.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"38 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":"130295217","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}
Article 79, para. 1 of the Law on Juvenile Criminal Offenders and Criminal Protection of Juveniles determines that the court may oblige a youth offender to bear the costs of the criminal proceedings and fulfil a claim for restitution, only if sentence has been passed on the youth offender. If an educational measure has been imposed on the youth offender or if the proceedings have been suspended, the costs of the proceedings are funded by budgetary sources while the injured party is instructed to file a lawsuit in order to satisfy the claim for restitution, except, as is provided under para. 2 of the Article thereof, in cases when the youth offender has an income or property. The reason for this is the fact that educational measures are imposed in the form of an order, in which case the offender is not pronounced guilty. Case law in this area has been inconsistent. However, pursuant to the rulings of the Supreme Court of Cassation and its position of June 30, 2015, uniformity, including the exceptions stated above, has been achieved in the application of the legal provision under Article 79, para. 1 of the Law on Youth Offenders. At the same time, juvenile judges point out that apart from ex officio defence lawyers, who must possess a certificate confirming their specialized knowledge in the area concerning rights of the child and juvenile delinquency, and whose reimbursement is 50% lower than the regular Lawyers’ Tariff, the right to a full reimbursement of the costs in the criminal proceedings involving youth offenders is increasingly claimed by defence lawyers hired by youth offenders themselves or by their representatives through a Power of Attorney, irrespective of whether they hold a certificate or not. This situation has led to a debate on the issue of defence costs in youth offender criminal proceedings, starting from legal provisions and case law. Finally, we propose that one of the contradictions arising from the practical application of Article 79 of the Law on Juvenile Criminal Offenders and Criminal Protection of Juveniles can be overcome by supplementing the provision outlined in para. 1 of the said Article.
{"title":"TROŠKOVI ODBRANE U KRIVIČNOM POSTUPKU PREMA MALOLETNICIMA – ZAKONSKA REŠENjA I PROTIVREČNOSTI U SUDSKOJ PRAKSI","authors":"Savo Đurđić","doi":"10.46793/gp.1001.107dj","DOIUrl":"https://doi.org/10.46793/gp.1001.107dj","url":null,"abstract":"Article 79, para. 1 of the Law on Juvenile Criminal Offenders and Criminal Protection of Juveniles determines that the court may oblige a youth offender to bear the costs of the criminal proceedings and fulfil a claim for restitution, only if sentence has been passed on the youth offender. If an educational measure has been imposed on the youth offender or if the proceedings have been suspended, the costs of the proceedings are funded by budgetary sources while the injured party is instructed to file a lawsuit in order to satisfy the claim for restitution, except, as is provided under para. 2 of the Article thereof, in cases when the youth offender has an income or property. The reason for this is the fact that educational measures are imposed in the form of an order, in which case the offender is not pronounced guilty. Case law in this area has been inconsistent. However, pursuant to the rulings of the Supreme Court of Cassation and its position of June 30, 2015, uniformity, including the exceptions stated above, has been achieved in the application of the legal provision under Article 79, para. 1 of the Law on Youth Offenders. At the same time, juvenile judges point out that apart from ex officio defence lawyers, who must possess a certificate confirming their specialized knowledge in the area concerning rights of the child and juvenile delinquency, and whose reimbursement is 50% lower than the regular Lawyers’ Tariff, the right to a full reimbursement of the costs in the criminal proceedings involving youth offenders is increasingly claimed by defence lawyers hired by youth offenders themselves or by their representatives through a Power of Attorney, irrespective of whether they hold a certificate or not. This situation has led to a debate on the issue of defence costs in youth offender criminal proceedings, starting from legal provisions and case law. Finally, we propose that one of the contradictions arising from the practical application of Article 79 of the Law on Juvenile Criminal Offenders and Criminal Protection of Juveniles can be overcome by supplementing the provision outlined in para. 1 of the said Article.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"219 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":"128657424","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 Company Law of the Republic of Srpska envisages four forms of companies: partnerships, limited partnerships, limited liability companies and joint stock companies, and in practice the last two forms of companies are most common. Although before, now more than ten years ago, the stock exchanges in Bosnia and Herzegovina had a large turnover by trading in the shares of listed joint stock companies, today this is not the rule, but the exception. Having mentioned this exception, I cannot but mention another circumstance that can be considered the same, and that is the change of legal form from a limited liability company to a joint stock company, which is the topic of this text. The only recorded case of such a transformation of the legal form in Bosnia and Herzegovina is the transformation carried out by the limited liability company „Fratelo trade“ from Banja Luka in 2008, transforming into an open joint stock company through the initial public offering (IPO) procedure. The initial public offering or „opening“ or „going public“ appears as a logical step after limited liability companies reach the maximum development in this legal form. Opening allows them to more easily raise funds for further development and improvement of business. Despite the above, this type of business transformation has not yet taken root in our country, although it has been current in the world since the 1990s, and the increase in the number of delisted joint stock companies does not inspire hope that it will happen soon. The reason for writing on this topic is an attempt to point to the IPO as an opportunity to finance further development of companies that can lead to an increase in the number of investors interested in investing in companies that decide to „go public“, which can ultimately contribute market development.
{"title":"TRANSFORMACIJA IZ DRUŠTVA SA OGRANIČENOM ODGOVORNOŠĆU U OTVORENO AKCIONARSKO DRUŠTVO","authors":"Sonja Trtić Vukotić","doi":"10.46793/gp.1301.089tv","DOIUrl":"https://doi.org/10.46793/gp.1301.089tv","url":null,"abstract":"The Company Law of the Republic of Srpska envisages four forms of companies: partnerships, limited partnerships, limited liability companies and joint stock companies, and in practice the last two forms of companies are most common. Although before, now more than ten years ago, the stock exchanges in Bosnia and Herzegovina had a large turnover by trading in the shares of listed joint stock companies, today this is not the rule, but the exception. Having mentioned this exception, I cannot but mention another circumstance that can be considered the same, and that is the change of legal form from a limited liability company to a joint stock company, which is the topic of this text. The only recorded case of such a transformation of the legal form in Bosnia and Herzegovina is the transformation carried out by the limited liability company „Fratelo trade“ from Banja Luka in 2008, transforming into an open joint stock company through the initial public offering (IPO) procedure. The initial public offering or „opening“ or „going public“ appears as a logical step after limited liability companies reach the maximum development in this legal form. Opening allows them to more easily raise funds for further development and improvement of business. Despite the above, this type of business transformation has not yet taken root in our country, although it has been current in the world since the 1990s, and the increase in the number of delisted joint stock companies does not inspire hope that it will happen soon. The reason for writing on this topic is an attempt to point to the IPO as an opportunity to finance further development of companies that can lead to an increase in the number of investors interested in investing in companies that decide to „go public“, which can ultimately contribute market development.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"47 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":"124945108","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}
We believe that it is necessary to create conditions for the application of the mentioned international and regional standards in order to prevent misuse of the use of patient health information by different entities and for different purposes. It is also necessary to better regulate the prohibition of discrimination on the basis of the use of data obtained through genetic testing. Apart from the above, it is necessary to regulate more precisely the transfer or disclosure of this information based on the decision of the authorities of another country (eg request for submission of original medical documentation, in order to exercise certain health insurance rights,etc.).
{"title":"MEĐUNARODNI I EVROPSKI PRAVNI OKVIRI POVERLjIVOSTI PODATAKA S POSEBNIM OSVRTOM NA PODATKE O ZDRAVSTVENOM STANjU PACIJEN","authors":"Radoje Brković","doi":"10.46793/gp.1001.071b","DOIUrl":"https://doi.org/10.46793/gp.1001.071b","url":null,"abstract":"We believe that it is necessary to create conditions for the application of the mentioned international and regional standards in order to prevent misuse of the use of patient health information by different entities and for different purposes. It is also necessary to better regulate the prohibition of discrimination on the basis of the use of data obtained through genetic testing. Apart from the above, it is necessary to regulate more precisely the transfer or disclosure of this information based on the decision of the authorities of another country (eg request for submission of original medical documentation, in order to exercise certain health insurance rights,etc.).","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"46 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":"127200190","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}
War damage always affects personal civil rights. At the end of the Second World War, neither the legislation of the former Yugoslavia nor the Serbian legislation, after the breakup of Yugoslavia, had yet answered the question of how individuals would compensate for war damage suffered. In this paper, the author analyzes national and international regulations governing liability for damages, and various approaches to solving the problem of collecting war claims. Finally, it is concluded that international law does not contain elements of coercion against war-makers and states responsible for paying war damages, and that international policy on the relation of forces in the world applies jus ad bellum.
{"title":"RATNA ŠTETA I NAKNADA ŠTETE : Kratak osvrt na neka od pitanja vezanih za naknadu ratne štete iz Drugog svetskog rata","authors":"Dragan Novović","doi":"10.46793/gp.1101.69n","DOIUrl":"https://doi.org/10.46793/gp.1101.69n","url":null,"abstract":"War damage always affects personal civil rights. At the end of the Second World War, neither the legislation of the former Yugoslavia nor the Serbian legislation, after the breakup of Yugoslavia, had yet answered the question of how individuals would compensate for war damage suffered. In this paper, the author analyzes national and international regulations governing liability for damages, and various approaches to solving the problem of collecting war claims. Finally, it is concluded that international law does not contain elements of coercion against war-makers and states responsible for paying war damages, and that international policy on the relation of forces in the world applies jus ad bellum.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"33 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":"127337641","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 Serbian private international law the so called scission of succession estate and application of several national laws to the different parts of deceased’s estate may be caused by renvoi (Art. 6 Serbian PIL Act). It may particularly happen when the conflict rule on succession of Art. 30 Serbian PIL Act refers to the foreign law whose conflict of law rules accept the concept of plurality of succession (scission of estate) which implies application of lex rei sitae to immovable property and application of personal law of deceased to movable property. In this paper author analyses the phenomena of scission of estate and institute of renovi by which scission could be caused, deals with the problem of contradictions of legal norms which arises as a consequence of application of two or more succession statutes and explains how these contradictions may be avoided by using the adaptation method of private international law.
{"title":"KOLIZIONOPRAVNO CEPANjE ZAOSTAVŠTINE USLED PRIMENE USTANOVE RENVOI I UKLANjANjE NASTALIH PROTIVREČNOSTI PRAVNIH NORMI","authors":"Slavko Đorđević","doi":"10.46793/gp.0902.003dj","DOIUrl":"https://doi.org/10.46793/gp.0902.003dj","url":null,"abstract":"In Serbian private international law the so called scission of succession estate and application of several national laws to the different parts of deceased’s estate may be caused by renvoi (Art. 6 Serbian PIL Act). It may particularly happen when the conflict rule on succession of Art. 30 Serbian PIL Act refers to the foreign law whose conflict of law rules accept the concept of plurality of succession (scission of estate) which implies application of lex rei sitae to immovable property and application of personal law of deceased to movable property. In this paper author analyses the phenomena of scission of estate and institute of renovi by which scission could be caused, deals with the problem of contradictions of legal norms which arises as a consequence of application of two or more succession statutes and explains how these contradictions may be avoided by using the adaptation method of private international law.","PeriodicalId":399228,"journal":{"name":"Glasnik prava","volume":"124 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":"115185920","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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