Extradition or delivery of a person who is accused or convicted is a legal process that enables the conduct of criminal proceedings and the execution of criminal sanctions against them in another country. Given that the process of extraditing the accused or convicted is regulated by law, the question of the position of the defense counsel in this process arises. By applying the normative method in this paper, through the analysis of statutory provisions and provisions of international treaties, the position of the defense counsel in extradition proceedings in the Republic of Serbia has been systematically presented, that is, their rights, duties, and powers at every stage of these proceedings with a critical overview of certain legal solutions. Furthermore, international standards related to the role and activities of the Committee against Torture and the European Court of Human Rights regarding the regulation and implementation of extradition proceedings and the position of the defense counsel in these proceedings are presented.
{"title":"The position of the defense counsel in extradition proceedings in the Republic of Serbia","authors":"Mirsen Alibašić","doi":"10.5937/gakv95-39449","DOIUrl":"https://doi.org/10.5937/gakv95-39449","url":null,"abstract":"Extradition or delivery of a person who is accused or convicted is a legal process that enables the conduct of criminal proceedings and the execution of criminal sanctions against them in another country. Given that the process of extraditing the accused or convicted is regulated by law, the question of the position of the defense counsel in this process arises. By applying the normative method in this paper, through the analysis of statutory provisions and provisions of international treaties, the position of the defense counsel in extradition proceedings in the Republic of Serbia has been systematically presented, that is, their rights, duties, and powers at every stage of these proceedings with a critical overview of certain legal solutions. Furthermore, international standards related to the role and activities of the Committee against Torture and the European Court of Human Rights regarding the regulation and implementation of extradition proceedings and the position of the defense counsel in these proceedings are presented.","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":"71223509","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 origin and subsequent development of the principle of equal consideration in contract law are closely related to the rules on just price. This paper traces the evolution of the just price concept from antiquity, including the principles of Roman law, medieval interpretations, and its application in canon law, to the first codifications in the 19th and 20th centuries. We will demonstrate how the understanding of just price has changed, under what conditions it should be applied, whether it should be legislatively regulated and to what extent, and how this legal institution illustrates and safeguards the principle of equal consideration in contract law. Furthermore, we will consider the entanglement of this institution with the institution of laesio enormis, whose evolution has significantly influenced the formation of the just price concept as we know it today.
{"title":"The development of the understanding of equal consideration through the rules of just price from antiquity to the beginning of the 20th century","authors":"Darija Martinov","doi":"10.5937/gakv95-41495","DOIUrl":"https://doi.org/10.5937/gakv95-41495","url":null,"abstract":"The origin and subsequent development of the principle of equal consideration in contract law are closely related to the rules on just price. This paper traces the evolution of the just price concept from antiquity, including the principles of Roman law, medieval interpretations, and its application in canon law, to the first codifications in the 19th and 20th centuries. We will demonstrate how the understanding of just price has changed, under what conditions it should be applied, whether it should be legislatively regulated and to what extent, and how this legal institution illustrates and safeguards the principle of equal consideration in contract law. Furthermore, we will consider the entanglement of this institution with the institution of laesio enormis, whose evolution has significantly influenced the formation of the just price concept as we know it today.","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":"71223606","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 provides a look at court cases with a medical background that emerged as a consequence of the COVID-19 pandemic. The majority of cases were started or finished as civil lawsuits. The cases are unique and they testify of disputes founded on different bases and forms of damages. They come from foreign case law, primarily from the US and European countries. The cases are different from one another and they usually concern access to healthcare, preventive measures, testing, emergency, and other conditions related to the work of specialist services, etc. The crisis that has arisen certainly cannot change the existing legal standards and other rules related to the responsibility of healthcare institutions and their employees. The crisis does not have that power, but it does bring certain specificities stemming from diverse situations. This is evidenced by the examples from the most recent case law. In order to ensure whether physicians and other medical staff have committed an error, the court must take into account the concrete working conditions of each of them in the context of the pandemic. Healthcare professionals are facing unusual risks related to the tasks they are being assigned. The existing legal regime of responsibility in healthcare provides some answers, but it is not certain that all the situations that have arisen from the healthcare crisis can be analyzed in the same way, especially due to the crisis situation and the dangers in which medical staff had to act.
{"title":"A look at the litigation in Covid-19 medical cases: Foreign case law","authors":"Hajrija Mujović","doi":"10.5937/gakv95-35915","DOIUrl":"https://doi.org/10.5937/gakv95-35915","url":null,"abstract":"This article provides a look at court cases with a medical background that emerged as a consequence of the COVID-19 pandemic. The majority of cases were started or finished as civil lawsuits. The cases are unique and they testify of disputes founded on different bases and forms of damages. They come from foreign case law, primarily from the US and European countries. The cases are different from one another and they usually concern access to healthcare, preventive measures, testing, emergency, and other conditions related to the work of specialist services, etc. The crisis that has arisen certainly cannot change the existing legal standards and other rules related to the responsibility of healthcare institutions and their employees. The crisis does not have that power, but it does bring certain specificities stemming from diverse situations. This is evidenced by the examples from the most recent case law. In order to ensure whether physicians and other medical staff have committed an error, the court must take into account the concrete working conditions of each of them in the context of the pandemic. Healthcare professionals are facing unusual risks related to the tasks they are being assigned. The existing legal regime of responsibility in healthcare provides some answers, but it is not certain that all the situations that have arisen from the healthcare crisis can be analyzed in the same way, especially due to the crisis situation and the dangers in which medical staff had to act.","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":"71223785","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 analyses a lawsuit for unjust enrichment through the prism of two institutes: condictio and actio de in rem verso. The origin of these two notions is linked to Roman law, although their essence has been drastically changed in modern law. It is necessary to determine them in relation to other lawsuits in order to further clarify the boundaries of these institutes through negative definitions as a preliminary step in this presentation. It is necessary to determine their mutual similarities and differences, as well as different understandings of the institutes, depending on the point of view of the legal system in terms of regulating the lawsuit for unjust enrichment, in order to adequately compare them. Comparative law and dogmatic methods were used in the paper.
{"title":"The relationship between condictio and version in REM in modern law","authors":"A. Stefanović","doi":"10.5937/gakv95-37706","DOIUrl":"https://doi.org/10.5937/gakv95-37706","url":null,"abstract":"In this paper, the author analyses a lawsuit for unjust enrichment through the prism of two institutes: condictio and actio de in rem verso. The origin of these two notions is linked to Roman law, although their essence has been drastically changed in modern law. It is necessary to determine them in relation to other lawsuits in order to further clarify the boundaries of these institutes through negative definitions as a preliminary step in this presentation. It is necessary to determine their mutual similarities and differences, as well as different understandings of the institutes, depending on the point of view of the legal system in terms of regulating the lawsuit for unjust enrichment, in order to adequately compare them. Comparative law and dogmatic methods were used in the paper.","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":"71223399","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 it is somewhat wider in scope by its character than the other basic principles that regulate the relationship between the law of the European Union and the domestic law of Member States, the principle of loyal or, according to the Lisbon solutions, "sincere" cooperation represents one of central definitive and developmental building elements on which the legal order of this European organization rests. Thus, the focus of this article is the notion and definition of this principle, its genesis, as well as the scope of its application in relation to directives as formal sources of EU law; the positions held by the Court of Justice of the European Union contributed the most to this analysis. The research utilized analytical and synthetical methods, with content analysis and historical-comparative analysis taking the centre stage. The article ends with concluding remarks, where the most interesting ones are those that contribute to the argument that the principle of sincere cooperation belongs to the category of tools via which national difference could be lessened in order to achieve the goals of the European organization and that the presupposition for this to happen is, among other factors, to remove the malformations that exist in the relationship between the principle of sincere cooperation and the directive as a source of secondary law of the European Union.
{"title":"The basic principle of sincere cooperation in the law of the European Union","authors":"Radmila Dragišić","doi":"10.5937/gakv95-37970","DOIUrl":"https://doi.org/10.5937/gakv95-37970","url":null,"abstract":"Although it is somewhat wider in scope by its character than the other basic principles that regulate the relationship between the law of the European Union and the domestic law of Member States, the principle of loyal or, according to the Lisbon solutions, \"sincere\" cooperation represents one of central definitive and developmental building elements on which the legal order of this European organization rests. Thus, the focus of this article is the notion and definition of this principle, its genesis, as well as the scope of its application in relation to directives as formal sources of EU law; the positions held by the Court of Justice of the European Union contributed the most to this analysis. The research utilized analytical and synthetical methods, with content analysis and historical-comparative analysis taking the centre stage. The article ends with concluding remarks, where the most interesting ones are those that contribute to the argument that the principle of sincere cooperation belongs to the category of tools via which national difference could be lessened in order to achieve the goals of the European organization and that the presupposition for this to happen is, among other factors, to remove the malformations that exist in the relationship between the principle of sincere cooperation and the directive as a source of secondary law of the European Union.","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":"71223502","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 stability of each country's monetary system depends on the quality of operations of its Central Bank, as one of the most important institutions. Due to their great importance, central banks hold a special place in scientific analysis. For a Central Bank to successfully achieve its objectives, it has to operate independently of the executive and legislative powers. Through content analysis and the comparative method, this paper analyzes and compares different parameters and indices measuring the independence of the central banks of the Republic of Croatia and the Republic of North Macedonia. Considering that the independence of a Central Bank is inextricably linked with its credibility, this paper conducts research that answers the question - what is the level of legal independence of the Croatian National Bank and the National Bank of the Republic of North Macedonia? It can be said that, in the last decade, both the legal and actual independence of these central banks has reached its peak, but a certain degree of political dependence is still noticeable. There are certain differences in terms of political influence from country to country, but in any case, the syndrome of political dependence in former Yugoslav countries when compared to developed countries is extremely recognizable. The Republic of Croatia, as a member of the European Union, had to harmonize its laws on this issue, so it can be said that there are certain differences compared to other countries in this region. Central banks in countries that once belonged to the same Communist bloc, and which today have different statuses in relation to the European Union, are excellent examples for analyzing the degree of operational independence in relation to state power. The status of the Central Bank in a certain national and economic system depends on the legislation of that country, i.e., the constitutional norms and laws governing the Central Bank.
{"title":"Analysis of the degree of legal independence of the Croatian National bank and the National bank of the Republic of North Macedonia","authors":"Mirjana Mlađenović","doi":"10.5937/gakv95-40950","DOIUrl":"https://doi.org/10.5937/gakv95-40950","url":null,"abstract":"The stability of each country's monetary system depends on the quality of operations of its Central Bank, as one of the most important institutions. Due to their great importance, central banks hold a special place in scientific analysis. For a Central Bank to successfully achieve its objectives, it has to operate independently of the executive and legislative powers. Through content analysis and the comparative method, this paper analyzes and compares different parameters and indices measuring the independence of the central banks of the Republic of Croatia and the Republic of North Macedonia. Considering that the independence of a Central Bank is inextricably linked with its credibility, this paper conducts research that answers the question - what is the level of legal independence of the Croatian National Bank and the National Bank of the Republic of North Macedonia? It can be said that, in the last decade, both the legal and actual independence of these central banks has reached its peak, but a certain degree of political dependence is still noticeable. There are certain differences in terms of political influence from country to country, but in any case, the syndrome of political dependence in former Yugoslav countries when compared to developed countries is extremely recognizable. The Republic of Croatia, as a member of the European Union, had to harmonize its laws on this issue, so it can be said that there are certain differences compared to other countries in this region. Central banks in countries that once belonged to the same Communist bloc, and which today have different statuses in relation to the European Union, are excellent examples for analyzing the degree of operational independence in relation to state power. The status of the Central Bank in a certain national and economic system depends on the legislation of that country, i.e., the constitutional norms and laws governing the Central Bank.","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":"71223550","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 Bundestag, as the legislative body of the Federal Republic of Germany, represents its most important institution. The National Assembly in the Republic of Serbia also has significant influence and plays a crucial role. As legislative bodies represent the people, and the people are the bearers of a state's sovereignty which they do not exercise directly but through the operations and activities of the parliament, legislative bodies in certain states represent the highest authority. In this regard, the purpose of the legal research and analysis in this paper is to provide a parallel presentation of the activities of the legislative bodies and their influence in their respective states. Furthermore, each institution has its own unique characteristics that distinguish it from others. Therefore, the aim of this paper is to highlight the particularities and similarities of both legislative bodies.
{"title":"The national assembly of the Republic of Serbia and the German Bundestag: A comparative legal analysis","authors":"Aleksandra Toroman","doi":"10.5937/gakv94-37407","DOIUrl":"https://doi.org/10.5937/gakv94-37407","url":null,"abstract":"The Bundestag, as the legislative body of the Federal Republic of Germany, represents its most important institution. The National Assembly in the Republic of Serbia also has significant influence and plays a crucial role. As legislative bodies represent the people, and the people are the bearers of a state's sovereignty which they do not exercise directly but through the operations and activities of the parliament, legislative bodies in certain states represent the highest authority. In this regard, the purpose of the legal research and analysis in this paper is to provide a parallel presentation of the activities of the legislative bodies and their influence in their respective states. Furthermore, each institution has its own unique characteristics that distinguish it from others. Therefore, the aim of this paper is to highlight the particularities and similarities of both legislative bodies.","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":"71223416","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 evolution of the financial market has given rise to new instruments of trade - digital assets. Considering the diversity and inhomogeneity of digital assets, the author analysed the legal position of digital tokens compared to that of securities, including their resembling features. Therefore, in the first part of the paper, the author analyses the issuance of digital assets. The central part of the paper is dedicated to a critical review and analysis of the issuer's legal responsibility for a faulty or deficient prospectus, that is, a white paper, with particular reference to the network of (passively) responsible individuals. Hence, this research aims to highlight the similarities and differences accompanying the issuance of securities and digital assets (tokens). Finally, using the normative and comparative method, the author concludes that despite the many advantages of legalizing the issuance and secondary trading of digital assets, the issuance of digital tokens is accompanied by risks and certain inequalities compared to the issuance of securities.
{"title":"Similarities and differences in the issuance of securities and digital assets: The issue of legal responsibility of legal responsibility of the issuer","authors":"R. Sovilj","doi":"10.5937/gakv94-35640","DOIUrl":"https://doi.org/10.5937/gakv94-35640","url":null,"abstract":"The evolution of the financial market has given rise to new instruments of trade - digital assets. Considering the diversity and inhomogeneity of digital assets, the author analysed the legal position of digital tokens compared to that of securities, including their resembling features. Therefore, in the first part of the paper, the author analyses the issuance of digital assets. The central part of the paper is dedicated to a critical review and analysis of the issuer's legal responsibility for a faulty or deficient prospectus, that is, a white paper, with particular reference to the network of (passively) responsible individuals. Hence, this research aims to highlight the similarities and differences accompanying the issuance of securities and digital assets (tokens). Finally, using the normative and comparative method, the author concludes that despite the many advantages of legalizing the issuance and secondary trading of digital assets, the issuance of digital tokens is accompanied by risks and certain inequalities compared to the issuance of securities.","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":"71223753","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}
Ignjat Pavlas was one of the central figures in the unification of the Vojvodina to the Kingdom of Serbia, and later in the Novi Sad between the two world wars. His fortitude in the field of social engagement left an indelible mark despite the different sociopolitical milieu that followed his time. He gave us all an example of how, through social engagement, we can influence and change our environment for the better and benefit the community in which we live and work.
{"title":"Social engagement of lawyers: Essay in honour of Ignat Pavlas","authors":"Jelena Tomin","doi":"10.5937/gakv2204352t","DOIUrl":"https://doi.org/10.5937/gakv2204352t","url":null,"abstract":"Ignjat Pavlas was one of the central figures in the unification of the Vojvodina to the Kingdom of Serbia, and later in the Novi Sad between the two world wars. His fortitude in the field of social engagement left an indelible mark despite the different sociopolitical milieu that followed his time. He gave us all an example of how, through social engagement, we can influence and change our environment for the better and benefit the community in which we live and work.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71222362","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}
Victimological measures for the prevention of crimes provide the foundation for an all-encompassing and hopefully long-lasting approach to solving the risk of the public being victimized and assist the individuals "designated" to be victims of a crime. This article deals with the question of "ecological victimization" (the damages that an individual has endured as a result of ecologically harmful activities) and predicts the role that victimologists will have to play in preventing the consequences of climate change and other ecological degradations in the future.
{"title":"The prevention of natural catastrophes and the protection of natural resources","authors":"Miodrag N. Simović, Marina M. Simović","doi":"10.5937/gakv94-41058","DOIUrl":"https://doi.org/10.5937/gakv94-41058","url":null,"abstract":"Victimological measures for the prevention of crimes provide the foundation for an all-encompassing and hopefully long-lasting approach to solving the risk of the public being victimized and assist the individuals \"designated\" to be victims of a crime. This article deals with the question of \"ecological victimization\" (the damages that an individual has endured as a result of ecologically harmful activities) and predicts the role that victimologists will have to play in preventing the consequences of climate change and other ecological degradations in the future.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223583","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：