The subject of this paper is the territorial and personal aspects of the jurisdiction of the International Criminal Court regarding crimes committed on the territory or in connection with the armed conflict on the territory of Afghanistan. In 2020, the International Criminal Court determined that the conditions had been met for initiating an investigation into crimes committed in Afghanistan, or in connection with the armed conflict in Afghanistan. The paper is based on the analysis of positive regulations in the field of public international law and international criminal law, as well as linking the relevant provisions with the circumstances under which crimes were committed on the territory of Afghanistan and drawing conclusions about the fulfillment of necessary conditions for initiating criminal proceedings before the International Criminal Court. The result of the analysis leads to the conclusion that the conditions have been met for initiating an investigation into crimes committed in Afghanistan or in connection with the armed conflict on the territory of Afghanistan. The initiation of an investigation is particularly important in the context of the withdrawal of US military forces and the Taliban's takeover of power in Afghanistan. Namely, there is a real possibility that the newly formed government in Afghanistan will not be willing to cooperate with the prosecution and provide the necessary evidence related to the crimes in question, which directly affects the importance of conducting proceedings before the International Criminal Court.
{"title":"Jurisdiction of the International Criminal Court over crimes committed on the territory of Afghanistan","authors":"Jelena Radmanović","doi":"10.5937/gakv94-34230","DOIUrl":"https://doi.org/10.5937/gakv94-34230","url":null,"abstract":"The subject of this paper is the territorial and personal aspects of the jurisdiction of the International Criminal Court regarding crimes committed on the territory or in connection with the armed conflict on the territory of Afghanistan. In 2020, the International Criminal Court determined that the conditions had been met for initiating an investigation into crimes committed in Afghanistan, or in connection with the armed conflict in Afghanistan. The paper is based on the analysis of positive regulations in the field of public international law and international criminal law, as well as linking the relevant provisions with the circumstances under which crimes were committed on the territory of Afghanistan and drawing conclusions about the fulfillment of necessary conditions for initiating criminal proceedings before the International Criminal Court. The result of the analysis leads to the conclusion that the conditions have been met for initiating an investigation into crimes committed in Afghanistan or in connection with the armed conflict on the territory of Afghanistan. The initiation of an investigation is particularly important in the context of the withdrawal of US military forces and the Taliban's takeover of power in Afghanistan. Namely, there is a real possibility that the newly formed government in Afghanistan will not be willing to cooperate with the prosecution and provide the necessary evidence related to the crimes in question, which directly affects the importance of conducting proceedings before the International Criminal Court.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223035","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 Criminal Procedure Code is a procedural code whose primary function is to regulate the rules of conduct in criminal proceedings, i.e. to prescribe the rules of conduct of various subjects in criminal proceedings. In addition, the Criminal Procedure Code should contain such rules that will enable fast and efficient criminal proceedings, but at the same time guarantee basic human rights to all participants in the proceedings, especially the defendant as a subject against whom criminal proceedings are conducted. That is why it is always surprising when such a code contains provisions that violate basic human rights. In this paper, the provisions of the code that violate human rights will be analyzed. Most of the analyzed provisions concerned discriminatory treatment, while the other analyzed provisions violated the presumption of innocence, the right to a fair trial and the right to liberty and security.
{"title":"Unexpected discriminatory and other provisions in the Criminal Procedure Code that violate human rights","authors":"Dimitrije Đukić","doi":"10.5937/gakv95-33462","DOIUrl":"https://doi.org/10.5937/gakv95-33462","url":null,"abstract":"The Criminal Procedure Code is a procedural code whose primary function is to regulate the rules of conduct in criminal proceedings, i.e. to prescribe the rules of conduct of various subjects in criminal proceedings. In addition, the Criminal Procedure Code should contain such rules that will enable fast and efficient criminal proceedings, but at the same time guarantee basic human rights to all participants in the proceedings, especially the defendant as a subject against whom criminal proceedings are conducted. That is why it is always surprising when such a code contains provisions that violate basic human rights. In this paper, the provisions of the code that violate human rights will be analyzed. Most of the analyzed provisions concerned discriminatory treatment, while the other analyzed provisions violated the presumption of innocence, the right to a fair trial and the right to liberty and security.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223771","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 2013, the National Assembly of the Republic of Serbia passed amendments to the Budget System Law prescribing the measure of the moratorium on employment in public services. The implementation of this measure was directed towards controlling (i.e. cutting) expenses and reducing the number of employees in the organizations financed from the government budget. Despite the analysis of the measure under scrutiny pointing out a lack of systematic, argumented and reliable reports and objective analyses of both positive and negative consequences of this decision, it appears that its application was associated with more negative consequences than positive ones whilst the largest and most significant effects were suffered by the sectors of healthcare, social protection and education. In addition, the negative consequences of the measure had a direct impact on women and young members of the workforce. The extension of this measure, in several iterations, has manifested itself through significant obstacles in the provision of services as well as a reduction in the quality of these services. Therefore, it is worthwhile to examine the content and the consequences of the application of the measure of the moratorium on public employment, certain legal dilemmas in relation to it, as well as whether the autonomy of public services has been restored following its repeal.
{"title":"Some legal dilemmas regarding the moratorium on employment in the public sector","authors":"Danica Radovanović","doi":"10.5937/gakv95-37126","DOIUrl":"https://doi.org/10.5937/gakv95-37126","url":null,"abstract":"In 2013, the National Assembly of the Republic of Serbia passed amendments to the Budget System Law prescribing the measure of the moratorium on employment in public services. The implementation of this measure was directed towards controlling (i.e. cutting) expenses and reducing the number of employees in the organizations financed from the government budget. Despite the analysis of the measure under scrutiny pointing out a lack of systematic, argumented and reliable reports and objective analyses of both positive and negative consequences of this decision, it appears that its application was associated with more negative consequences than positive ones whilst the largest and most significant effects were suffered by the sectors of healthcare, social protection and education. In addition, the negative consequences of the measure had a direct impact on women and young members of the workforce. The extension of this measure, in several iterations, has manifested itself through significant obstacles in the provision of services as well as a reduction in the quality of these services. Therefore, it is worthwhile to examine the content and the consequences of the application of the measure of the moratorium on public employment, certain legal dilemmas in relation to it, as well as whether the autonomy of public services has been restored following its repeal.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223803","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 examines the relationship between Greek and Roman legal traditions through the analysis of actio familiae erciscundae - a Roman legal action seeking the partition of inheritance (division of family property), which can be found both in the Gortyn Law Code and the Law of the Twelve Tables. Several scientific research methods were used in the paper, with the comparative legal research method being the most represented one, due to the nature of the subject at hand. Using comparative legal research, the author will try to answer the question of whether the actio familiae erciscundae legal action can be marked as a kind of legal transplant and whether it is possible to come to some more general conclusions about the degree of legal transplantation between the two great ancient legal systems from this relationship. To provide the most comprehensive answer to this question, the historical method (historical approach to legal research) was also used in the paper to better understand the socio-political context of the given time, along with the linguistic method to correctly interpret the true sense and meaning of the actio familiae erciscundae action. Although, at first glance, the existence of this particular legal action in these two large ancient legal systems indicates certain similarities, a deeper analysis of the nature of family union and property in Roman and Greek society reveals some key differences presented in the paper, based on which the author concludes that the degree of Greek influence on Roman law is somewhat overrated and overemphasized
在本文中，作者通过分析在《戈廷法典》和《十二表法》中都能找到的一种寻求分割遗产(家庭财产的分割)的罗马法律诉讼——家庭行为(action familiae erciscundae)——来考察希腊和罗马法律传统之间的关系。本文采用了几种科学的研究方法，由于研究课题的性质，比较法学研究方法是最具代表性的一种。笔者将运用比较法学研究的方法，试图回答是否可以将家庭行为作为一种法律移植来标记的问题，以及是否有可能从这种关系中得出关于两大古代法系之间的法律移植程度的一些更笼统的结论。为了对这个问题提供最全面的答案，本文还使用了历史方法(法律研究的历史方法)来更好地理解给定时间的社会政治背景，同时使用语言学方法来正确解释“家庭行动”的真正意义和含义。虽然乍一看，这一特殊法律行为在这两大古代法律体系中的存在有一定的相似性，但对罗马和希腊社会中家庭联盟和财产性质的深入分析揭示了本文所呈现的一些关键差异，基于此，作者得出结论，希腊对罗马法的影响程度有些被高估和过分强调
{"title":"Ctio familiae erciscundae in the Gortyn law Code and the Law of the Twelve Tables","authors":"Milica Ristić","doi":"10.5937/gakv95-41438","DOIUrl":"https://doi.org/10.5937/gakv95-41438","url":null,"abstract":"In this paper, the author examines the relationship between Greek and Roman legal traditions through the analysis of actio familiae erciscundae - a Roman legal action seeking the partition of inheritance (division of family property), which can be found both in the Gortyn Law Code and the Law of the Twelve Tables. Several scientific research methods were used in the paper, with the comparative legal research method being the most represented one, due to the nature of the subject at hand. Using comparative legal research, the author will try to answer the question of whether the actio familiae erciscundae legal action can be marked as a kind of legal transplant and whether it is possible to come to some more general conclusions about the degree of legal transplantation between the two great ancient legal systems from this relationship. To provide the most comprehensive answer to this question, the historical method (historical approach to legal research) was also used in the paper to better understand the socio-political context of the given time, along with the linguistic method to correctly interpret the true sense and meaning of the actio familiae erciscundae action. Although, at first glance, the existence of this particular legal action in these two large ancient legal systems indicates certain similarities, a deeper analysis of the nature of family union and property in Roman and Greek society reveals some key differences presented in the paper, based on which the author concludes that the degree of Greek influence on Roman law is somewhat overrated and overemphasized","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223558","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 topic of this paper is the consent of a third party to the conclusion of a contract. The current lack of interest of legal science in the institution of third-party consent to contract is a consequence of its scattered normative regulation. Considering third-party consent is required often, in numerous and diverse cases, it is sporadically regulated in parts of regulations governing these contracts. Given the large number of cases where third-party consent to contract is required, this institution is sporadically regulated in parts of regulations governing individual contracts for which consent is required. Therefore, this paper examines contracts for which it is necessary to obtain third-party consent and which most often appear in legal transactions, such as contracts involving persons with limited business capacity, as well as consent required for the conclusion of sublease and sublicense contracts. This paper also includes an analysis of the current regulation of consent in the legislation of the Republic of Serbia, as well as an analysis of issues related to the form, legal nature, and consequences of the absence of third-party consent. The paper also presents a comparative legal analysis of solutions contained in the legislation of Germany, France, and Switzerland.
{"title":"Consent to contract","authors":"Ivana Radomirović","doi":"10.5937/gakv95-41494","DOIUrl":"https://doi.org/10.5937/gakv95-41494","url":null,"abstract":"The topic of this paper is the consent of a third party to the conclusion of a contract. The current lack of interest of legal science in the institution of third-party consent to contract is a consequence of its scattered normative regulation. Considering third-party consent is required often, in numerous and diverse cases, it is sporadically regulated in parts of regulations governing these contracts. Given the large number of cases where third-party consent to contract is required, this institution is sporadically regulated in parts of regulations governing individual contracts for which consent is required. Therefore, this paper examines contracts for which it is necessary to obtain third-party consent and which most often appear in legal transactions, such as contracts involving persons with limited business capacity, as well as consent required for the conclusion of sublease and sublicense contracts. This paper also includes an analysis of the current regulation of consent in the legislation of the Republic of Serbia, as well as an analysis of issues related to the form, legal nature, and consequences of the absence of third-party consent. The paper also presents a comparative legal analysis of solutions contained in the legislation of Germany, France, and Switzerland.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223600","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 vehicles in road traffic are equipped with mutually integrated electronic devices used for managing systems. A chip in the airbag module identifies collisions and, at the same time, memorizes key parameters prepared for the analysis of traffic accidents. After the transfer of data, it is possible to make an undoubted temporal-spatial analysis and give answers to all those questions which the previous practice had no answers for and instead relied on the principle of in dubio pro reo. The paper describes the current cognitive methods, presents modern digital forensics devices, its history, organization of digital forensics systems, highlights the formal and factual dilemmas of this novelty, describes the technique and method of data access as well as different perspectives. A list of questions that have not been answered by previous practice is provided, as well as several examples from practice, demonstrating the advantages that digital forensics achieves in relation to the traditional way of working. Applying the results of digital forensics will undoubtedly have a substantial effect on eradicating false accusations, erroneous verdicts, and unnecessary lawsuits. It will completely change the work of traffic-technical experts by eradicating all known weaknesses, reduce the number of lawsuits, and largely shorten the existing ones, which will affect the economy of proceedings in this area.
{"title":"Advanced techniques in the analysis of traffic accidents","authors":"Ištvan Bodolo","doi":"10.5937/gakv95-37777","DOIUrl":"https://doi.org/10.5937/gakv95-37777","url":null,"abstract":"Modern vehicles in road traffic are equipped with mutually integrated electronic devices used for managing systems. A chip in the airbag module identifies collisions and, at the same time, memorizes key parameters prepared for the analysis of traffic accidents. After the transfer of data, it is possible to make an undoubted temporal-spatial analysis and give answers to all those questions which the previous practice had no answers for and instead relied on the principle of in dubio pro reo. The paper describes the current cognitive methods, presents modern digital forensics devices, its history, organization of digital forensics systems, highlights the formal and factual dilemmas of this novelty, describes the technique and method of data access as well as different perspectives. A list of questions that have not been answered by previous practice is provided, as well as several examples from practice, demonstrating the advantages that digital forensics achieves in relation to the traditional way of working. Applying the results of digital forensics will undoubtedly have a substantial effect on eradicating false accusations, erroneous verdicts, and unnecessary lawsuits. It will completely change the work of traffic-technical experts by eradicating all known weaknesses, reduce the number of lawsuits, and largely shorten the existing ones, which will affect the economy of proceedings in this area.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223450","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 accordance with the principle of legal unity of immovable property, immovable property consists of parcels of land and everything permanently connected to it, whether on the surface or underground. The reform of the system of real property law in the Republic of Srpska established the legal unity of immovable property between land, building, and separate parts of immovable property, making the owners of separate parts of immovable property (co)owners of the entire immovable property (land and building). Immovable property, which is identified with land, is the object of property rights and the object of a mortgage. In accordance with the principle of extensiveness, a mortgage exists with respect to immovable property as a whole, which means that a mortgage constituted on a land also covers the building as well as the separate part of the immovable property (apartment, business space, garage, etc.). Acquisition of property rights and acquisition of a mortgage on immovable property as a whole is possible on the basis of the principle of reliance, which takes precedence over the principle of Nemo plus iuris ad alium transferre potest quam ipse habet. When it comes to buildings and separate parts of immovable property under construction, the application of the principle of mortgage extensiveness or the principle of reliance depends on the moment the property rights or a mortgage are acquired. The principle of mortgage extensiveness takes precedence if the owner of the land managed to register the mortgage before the sale of the building or separate part under construction, and vice versa, the principle of reliance takes precedence if a conscientious buyer of an apartment in a building under construction managed to register ownership before the mortgage was constituted on the land.
{"title":"The principle of mortgage extensiveness with regard to buildings and separate parts of immovable property under construction","authors":"R. Jotanović, Bosiljka Čubrilović-Stamenić","doi":"10.5937/gakv95-40642","DOIUrl":"https://doi.org/10.5937/gakv95-40642","url":null,"abstract":"In accordance with the principle of legal unity of immovable property, immovable property consists of parcels of land and everything permanently connected to it, whether on the surface or underground. The reform of the system of real property law in the Republic of Srpska established the legal unity of immovable property between land, building, and separate parts of immovable property, making the owners of separate parts of immovable property (co)owners of the entire immovable property (land and building). Immovable property, which is identified with land, is the object of property rights and the object of a mortgage. In accordance with the principle of extensiveness, a mortgage exists with respect to immovable property as a whole, which means that a mortgage constituted on a land also covers the building as well as the separate part of the immovable property (apartment, business space, garage, etc.). Acquisition of property rights and acquisition of a mortgage on immovable property as a whole is possible on the basis of the principle of reliance, which takes precedence over the principle of Nemo plus iuris ad alium transferre potest quam ipse habet. When it comes to buildings and separate parts of immovable property under construction, the application of the principle of mortgage extensiveness or the principle of reliance depends on the moment the property rights or a mortgage are acquired. The principle of mortgage extensiveness takes precedence if the owner of the land managed to register the mortgage before the sale of the building or separate part under construction, and vice versa, the principle of reliance takes precedence if a conscientious buyer of an apartment in a building under construction managed to register ownership before the mortgage was constituted on the land.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223546","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}
Since May 2020, a new legal solution which treats domestic violence exclusively as a felony has been in force as part of the legislature of the Republic of Srpska. In this article, the author argues against the exclusive treatment of domestic violence as a felony by pointing out that it should also be treated as a misdemeanour but with a clear dividing line. This article presents the results of research conducted to establish the attitudes of judicial bodies concerning the felonization of domestic violence and also present the statistical data from the Basic Court in Bijeljina in connection with this crime. By interpreting the results of the survey, it was concluded that the participants were familiar with the new legal solution regarding the felonization of domestic violence and the consequences that such solutions produce in practice. The majority of them are of the view that the solution that treats domestic violence exclusively as a felony is not beneficial nor is it beneficial for the court to issue urgent/protective measures in misdemeanour procedures. Instead, the court should issue such measures in felony procedures. Also, the participants agree that there has been no increase in the number of prison sentences nor a more stringent penal policy with regard to the perpetrators of domestic violence, and they agree that these individuals typically receive suspended sentences, which is supported by the abovementioned statistical data.
{"title":"Domestic violence between felony and misdemeanour law of the Republic of Srpska","authors":"Ljubana Sladić","doi":"10.5937/gakv95-31801","DOIUrl":"https://doi.org/10.5937/gakv95-31801","url":null,"abstract":"Since May 2020, a new legal solution which treats domestic violence exclusively as a felony has been in force as part of the legislature of the Republic of Srpska. In this article, the author argues against the exclusive treatment of domestic violence as a felony by pointing out that it should also be treated as a misdemeanour but with a clear dividing line. This article presents the results of research conducted to establish the attitudes of judicial bodies concerning the felonization of domestic violence and also present the statistical data from the Basic Court in Bijeljina in connection with this crime. By interpreting the results of the survey, it was concluded that the participants were familiar with the new legal solution regarding the felonization of domestic violence and the consequences that such solutions produce in practice. The majority of them are of the view that the solution that treats domestic violence exclusively as a felony is not beneficial nor is it beneficial for the court to issue urgent/protective measures in misdemeanour procedures. Instead, the court should issue such measures in felony procedures. Also, the participants agree that there has been no increase in the number of prison sentences nor a more stringent penal policy with regard to the perpetrators of domestic violence, and they agree that these individuals typically receive suspended sentences, which is supported by the abovementioned statistical data.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223730","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 relationship between domestic (state) law, or more precisely domestic laws, and international law is one of the most complex and dynamic issues, both in foro interno and in foro externo, resulting in different and numerous theoretical and practical solutions. Beginning with basic theoretical starting points (monism and dualism), through comparative constitutional practice, this paper seeks to provide a detailed analysis of the provisions of the Constitution of Montenegro from 2007 concerning the relationship between domestic and international law, especially Article 9. Opting for a monistic approach with a relative primacy of international law, the Montenegrin Constitution prescribes that international treaties and generally accepted rules of international law are an integral part of the internal order. The analysis of the Constitution in the manner of de lege lata pointed out some basic errors and shortcomings of the positive legal solution of the relationship between domestic and international law found in Article 9, and resulted in a proposed correction in the manner of de lege ferenda, with the aim of reducing the potential international legal responsibility of Montenegro.
{"title":"The relationship between domestic and international law in accordance with the Constitution of Montenegro","authors":"Miloš Rajović","doi":"10.5937/gakv94-35591","DOIUrl":"https://doi.org/10.5937/gakv94-35591","url":null,"abstract":"The relationship between domestic (state) law, or more precisely domestic laws, and international law is one of the most complex and dynamic issues, both in foro interno and in foro externo, resulting in different and numerous theoretical and practical solutions. Beginning with basic theoretical starting points (monism and dualism), through comparative constitutional practice, this paper seeks to provide a detailed analysis of the provisions of the Constitution of Montenegro from 2007 concerning the relationship between domestic and international law, especially Article 9. Opting for a monistic approach with a relative primacy of international law, the Montenegrin Constitution prescribes that international treaties and generally accepted rules of international law are an integral part of the internal order. The analysis of the Constitution in the manner of de lege lata pointed out some basic errors and shortcomings of the positive legal solution of the relationship between domestic and international law found in Article 9, and resulted in a proposed correction in the manner of de lege ferenda, with the aim of reducing the potential international legal responsibility of Montenegro.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223743","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 article, the author has examined an extraordinary legal remedy which is the last defence of legality, the request for the protection of legality in the positive criminal procedure legislation of the Republic of Serbia. The principle of legality is one of the foundational principles of the legal system, which also helps to achieve the basic purpose of criminal procedure, i.e., that no innocent person is convicted and that perpetrators are sentenced under the conditions prescribed by criminal law based on a legal and fairly conducted procedure (Article 1, paragraph 1 of the Criminal Procedure Code of the Republic of Serbia). In this manner, the request for the protection of legality, as an extraordinary legal remedy, gains in importance. The subject of the article is an analysis of the theoretical conceptions and positive law solutions in the criminal procedure legislation of the Republic of Serbia, as well as the application of the request for the protection of legality in practice, bearing in mind that the request for the protection of legality has undergone the most significant changes, some of which have raised contentious issues, and in such a situation judicial practice deserves special attention because it will play a key role.
{"title":"The request for the protection of legality: Theoretical and practical aspects","authors":"J. Stanković","doi":"10.5937/gakv94-34742","DOIUrl":"https://doi.org/10.5937/gakv94-34742","url":null,"abstract":"In this article, the author has examined an extraordinary legal remedy which is the last defence of legality, the request for the protection of legality in the positive criminal procedure legislation of the Republic of Serbia. The principle of legality is one of the foundational principles of the legal system, which also helps to achieve the basic purpose of criminal procedure, i.e., that no innocent person is convicted and that perpetrators are sentenced under the conditions prescribed by criminal law based on a legal and fairly conducted procedure (Article 1, paragraph 1 of the Criminal Procedure Code of the Republic of Serbia). In this manner, the request for the protection of legality, as an extraordinary legal remedy, gains in importance. The subject of the article is an analysis of the theoretical conceptions and positive law solutions in the criminal procedure legislation of the Republic of Serbia, as well as the application of the request for the protection of legality in practice, bearing in mind that the request for the protection of legality has undergone the most significant changes, some of which have raised contentious issues, and in such a situation judicial practice deserves special attention because it will play a key role.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223078","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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