In this article, the author examines related topics: totalitarianism, crowd psychology and collective responsibility. The subject matter of the paper is specified in the introduction. Then, the phenomenon of totalitarianism is defined and the possible reasons for its universal nature and longevity are listed. The second segment of the article is devoted to an analysis of mass psychology, as an inevitable companion of totalitarianism. This analysis serves to comprehensively examine the question of responsibility, which makes up the third and central segment of the article. The issue of collective responsibility in the context of crimes committed in the name of totalitarian regimes is stressed and paid particular attention to. This issue is developed gradually and conclusions are drawn, which finalizes this research into a comprehensive whole.
{"title":"Totalitarianism, crowd psychology and collective responsibility","authors":"D. Drakić","doi":"10.5937/gakv94-35849","DOIUrl":"https://doi.org/10.5937/gakv94-35849","url":null,"abstract":"In this article, the author examines related topics: totalitarianism, crowd psychology and collective responsibility. The subject matter of the paper is specified in the introduction. Then, the phenomenon of totalitarianism is defined and the possible reasons for its universal nature and longevity are listed. The second segment of the article is devoted to an analysis of mass psychology, as an inevitable companion of totalitarianism. This analysis serves to comprehensively examine the question of responsibility, which makes up the third and central segment of the article. The issue of collective responsibility in the context of crimes committed in the name of totalitarian regimes is stressed and paid particular attention to. This issue is developed gradually and conclusions are drawn, which finalizes this research into a comprehensive whole.","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":"71223765","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}
Burning plant residues is a practice that some farmers apply on agricultural land after the harvest. It causes numerous harmful effects on the land, environment, climate, and can endanger the lives of people, animals and property. This paper analyzes the legal regulations of the European Union and individual member states in order to find an answer to the question of how to regulate the ban on burning crop residues. Given that a large number of fires occur in the Republic of Serbia every year in the post-harvest period, special attention is paid to the analysis of domestic regulations to find answers to the question of whether this decades-long problem is caused by inadequate legal regulations or whether the existing regulations are not applied properly.
{"title":"Prohibition on the burning of crop residues on agricultural land","authors":"Sofija Nikolić-Popadić","doi":"10.5937/gakv94-36068","DOIUrl":"https://doi.org/10.5937/gakv94-36068","url":null,"abstract":"Burning plant residues is a practice that some farmers apply on agricultural land after the harvest. It causes numerous harmful effects on the land, environment, climate, and can endanger the lives of people, animals and property. This paper analyzes the legal regulations of the European Union and individual member states in order to find an answer to the question of how to regulate the ban on burning crop residues. Given that a large number of fires occur in the Republic of Serbia every year in the post-harvest period, special attention is paid to the analysis of domestic regulations to find answers to the question of whether this decades-long problem is caused by inadequate legal regulations or whether the existing regulations are not applied properly.","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":"71223356","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}
Positive obligations are obligations of the Member States of the European Convention for the Protection of Human Rights and Fundamental Freedoms to take active steps to protect the rights guaranteed by this Convention. When it comes to the protection of the right to life, as one of the basic human rights, the case of McCann and Others v. the United Kingdom set a precedent and established new obligations for States party to the Convention when it comes to planning and conducting law enforcement operations. The manner in which these obligations were established, their scope and content, as well as the comments from jurisprudence and practitioners on this innovative judgment, are the subject of the analysis of this paper.
{"title":"McCann and others v. The United Kingdom and positive obligations pertaining to the planning and control of the operations of law enforcement in line with article 2 of the ECHR","authors":"Darija Martinov","doi":"10.5937/gakv93-29460","DOIUrl":"https://doi.org/10.5937/gakv93-29460","url":null,"abstract":"Positive obligations are obligations of the Member States of the European Convention for the Protection of Human Rights and Fundamental Freedoms to take active steps to protect the rights guaranteed by this Convention. When it comes to the protection of the right to life, as one of the basic human rights, the case of McCann and Others v. the United Kingdom set a precedent and established new obligations for States party to the Convention when it comes to planning and conducting law enforcement operations. The manner in which these obligations were established, their scope and content, as well as the comments from jurisprudence and practitioners on this innovative judgment, are the subject of the analysis of this paper.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223198","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}
Costs of civil proceedings may constitute a significant financial burden for the parties in exercising their rights. Ensuring redress enables transferring this burden "to the back" of the insurer and thus facilitating the parties' conduct of civil proceedings in financial terms, which is also of influence on the possibility of exercising their rights. Providing redress covers only those legal costs that are necessary (necessary) to achieve protection of the legal interests of the insured. At the same time, the insurer reimburses legal expenses in accordance with the provisions of the procedural laws on the duty to compensate the costs of proceedings and regulations determining the amount and content of individual legal costs. The paper deals with the presentation and analysis of the coverage of legal sums in German law. Then, along with the model of the analysed coverage under German law, the coverage of the costs of redress in Croatian law is presented, while processing elements of legal costs (certain legal acts prescribed to pay appropriate fees, as well as the amount of such fees) which the legal protection insurers should take into account when forming the cover of the OP. Finally, the case law of the Court of Justice of the European Union relating to ensuring redress is presented.
{"title":"A comparative law review of the expenses of civil proceedings as the subject of legal protection insurance in German and Croatian law","authors":"Loris Belanić, Jakob Nakić","doi":"10.5937/gakv93-29903","DOIUrl":"https://doi.org/10.5937/gakv93-29903","url":null,"abstract":"Costs of civil proceedings may constitute a significant financial burden for the parties in exercising their rights. Ensuring redress enables transferring this burden \"to the back\" of the insurer and thus facilitating the parties' conduct of civil proceedings in financial terms, which is also of influence on the possibility of exercising their rights. Providing redress covers only those legal costs that are necessary (necessary) to achieve protection of the legal interests of the insured. At the same time, the insurer reimburses legal expenses in accordance with the provisions of the procedural laws on the duty to compensate the costs of proceedings and regulations determining the amount and content of individual legal costs. The paper deals with the presentation and analysis of the coverage of legal sums in German law. Then, along with the model of the analysed coverage under German law, the coverage of the costs of redress in Croatian law is presented, while processing elements of legal costs (certain legal acts prescribed to pay appropriate fees, as well as the amount of such fees) which the legal protection insurers should take into account when forming the cover of the OP. Finally, the case law of the Court of Justice of the European Union relating to ensuring redress is presented.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71222894","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}
Confidentiality of communication is a very important human right that gains in importance when the communication is conducted between a lawyer and a client. Namely, for a lawyer to be able to adequately represent their client, the client must be sure that the information they entrust to the lawyer will not reach third parties, i.e. that the communication will remain confidential. In this sense, protecting the confidentiality of communication between a lawyer and a client is very important not only for representing the client in each case, but also for the proper functioning of the legal system. This paper aims to establish which articles of the European Convention protect the right to a confidential communication between a lawyer and a client and how this communication is protected in practice by the European Court of Human Rights. The paper also examines whether it is possible to prescribe a measure by which such an important right as the right to privileged and confidential communication between a lawyer and a client could be limited and if so under what conditions.
{"title":"The protection of confidential communication between a lawyer and a client in the case law of the European Court of Human Rights","authors":"Dimitrije Đukić","doi":"10.5937/gakv93-28644","DOIUrl":"https://doi.org/10.5937/gakv93-28644","url":null,"abstract":"Confidentiality of communication is a very important human right that gains in importance when the communication is conducted between a lawyer and a client. Namely, for a lawyer to be able to adequately represent their client, the client must be sure that the information they entrust to the lawyer will not reach third parties, i.e. that the communication will remain confidential. In this sense, protecting the confidentiality of communication between a lawyer and a client is very important not only for representing the client in each case, but also for the proper functioning of the legal system. This paper aims to establish which articles of the European Convention protect the right to a confidential communication between a lawyer and a client and how this communication is protected in practice by the European Court of Human Rights. The paper also examines whether it is possible to prescribe a measure by which such an important right as the right to privileged and confidential communication between a lawyer and a client could be limited and if so under what conditions.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223134","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 subject of this paper is the analysis of knowledge as a subjective element in terms of crimes against humanity in international criminal law. Starting from the fact that committing an act within a widespread or systematic attack against a civilian population is a circumstance that turns a "common" crime into a crime against humanity, the paper seeks to answer the question of whether knowledge of committing an act within such an attack is an independent subjective element and whether there is a unified position regarding the necessary content of knowledge in international criminal law. The paper is based on a linguistic, normative, systematic and comparative legal analysis of relevant provisions of international criminal law sources, a documentary analysis of sample judgments of the three most important international courts, as well as a case study that analyzes this subjective element in the legislation and case law of Bosnia and Herzegovina. The results of the research show that in terms of the independence of knowledge as a subjective element in crimes against humanity, there is a relatively consistent position in international criminal law, while in terms of the content of knowledge there is no such agreement.
{"title":"The concept of knowledge as a subjective element in the criminal offense of crimes against humanity","authors":"Olivera Ševo","doi":"10.5937/gakv93-29475","DOIUrl":"https://doi.org/10.5937/gakv93-29475","url":null,"abstract":"The subject of this paper is the analysis of knowledge as a subjective element in terms of crimes against humanity in international criminal law. Starting from the fact that committing an act within a widespread or systematic attack against a civilian population is a circumstance that turns a \"common\" crime into a crime against humanity, the paper seeks to answer the question of whether knowledge of committing an act within such an attack is an independent subjective element and whether there is a unified position regarding the necessary content of knowledge in international criminal law. The paper is based on a linguistic, normative, systematic and comparative legal analysis of relevant provisions of international criminal law sources, a documentary analysis of sample judgments of the three most important international courts, as well as a case study that analyzes this subjective element in the legislation and case law of Bosnia and Herzegovina. The results of the research show that in terms of the independence of knowledge as a subjective element in crimes against humanity, there is a relatively consistent position in international criminal law, while in terms of the content of knowledge there is no such agreement.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223218","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 paper discusses the initiation of the reorganization procedure by comparing the initiation of the "classic" type of reorganization and the initiation of the reorganization in accordance with the prepackaged reorganization plan. The analysis of the initiation of these two types of reorganization will be conducted based on an overview of the three elements most important for the initiation of the reorganization procedure within one legal system; namely, when the reorganization procedure is initiated, who is authorized to initiate this procedure and what the mandatory content of the reorganization plan is. The way in which these three elements are arranged can significantly affect the quality of the reorganization plan and its successful implementation. The aim of this paper is to analyze the initiation of two types of reorganization in the Serbian Law on Bankruptcy by comparing these three elements, as well as to point out some controversial issues that arise when initiating these two proceedings.
{"title":"Initiating the reorganization procedure according to the law on bankruptcy: Reorganization vs. prepackaged reorganization plan","authors":"Amina Kajević","doi":"10.5937/gakv93-28654","DOIUrl":"https://doi.org/10.5937/gakv93-28654","url":null,"abstract":"This paper discusses the initiation of the reorganization procedure by comparing the initiation of the \"classic\" type of reorganization and the initiation of the reorganization in accordance with the prepackaged reorganization plan. The analysis of the initiation of these two types of reorganization will be conducted based on an overview of the three elements most important for the initiation of the reorganization procedure within one legal system; namely, when the reorganization procedure is initiated, who is authorized to initiate this procedure and what the mandatory content of the reorganization plan is. The way in which these three elements are arranged can significantly affect the quality of the reorganization plan and its successful implementation. The aim of this paper is to analyze the initiation of two types of reorganization in the Serbian Law on Bankruptcy by comparing these three elements, as well as to point out some controversial issues that arise when initiating these two proceedings.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223319","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}
{"title":"Đuro M. Đurić, Vladimir M. Jovanović: Pravni instrumenti rešavanja korporativne krize, Pravni fakultet za privredu i pravosuđe, Novi Sad, 2020","authors":"Aleksandar Petrov","doi":"10.5937/gakv93-31208","DOIUrl":"https://doi.org/10.5937/gakv93-31208","url":null,"abstract":"","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71222956","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}
Throughout history, endowment, although with the same content, has developed differently in European countries in terms of law. The national legal regulations of the countries in this area define the basic elements, legal status and functioning of legal entities established in the spirit of endowment differently. The idea of the European Union as a market characterized by the free flow of people and capital inevitably led to the emergence of a very complex set of rules that apply to the member states of this union. The inclusion of endowments in the single market and the growing number of those characterized by internationally useful goals often lead to insurmountable problems in the operations of endowments outside national borders due to national legislations of EU countries not being synchronized, regardless of the general aim to create a single space without any barriers to the flow of people, services and capital. This is the starting point used to examine the subject of this paper - the need to regulate and resolve situations in the functioning of endowments and foundations in Europe: by creating special rules at the EU level and equalizing or harmonizing rules relating to these non-profit organizations. The subject of the research was chosen because of the importance of the topic in the process of developing private EU law in the non-profit sector. The aim of this paper is to analyze the legal regulations related to endowments and foundations in the national legislations of the EU member states comparatively in terms of law, but also to analyze the proposals for creating uniform legal rules.
{"title":"Endowments in European law: Current state and perspectives","authors":"Jelena Veselinov","doi":"10.5937/gakv93-28640","DOIUrl":"https://doi.org/10.5937/gakv93-28640","url":null,"abstract":"Throughout history, endowment, although with the same content, has developed differently in European countries in terms of law. The national legal regulations of the countries in this area define the basic elements, legal status and functioning of legal entities established in the spirit of endowment differently. The idea of the European Union as a market characterized by the free flow of people and capital inevitably led to the emergence of a very complex set of rules that apply to the member states of this union. The inclusion of endowments in the single market and the growing number of those characterized by internationally useful goals often lead to insurmountable problems in the operations of endowments outside national borders due to national legislations of EU countries not being synchronized, regardless of the general aim to create a single space without any barriers to the flow of people, services and capital. This is the starting point used to examine the subject of this paper - the need to regulate and resolve situations in the functioning of endowments and foundations in Europe: by creating special rules at the EU level and equalizing or harmonizing rules relating to these non-profit organizations. The subject of the research was chosen because of the importance of the topic in the process of developing private EU law in the non-profit sector. The aim of this paper is to analyze the legal regulations related to endowments and foundations in the national legislations of the EU member states comparatively in terms of law, but also to analyze the proposals for creating uniform legal rules.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71223125","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 paper deals with the measures for the preparation and planning of the hearing of the defendant, taken by representatives of the police or prosecutor's office. In the introduction, the author provides general observations on the hearing of the defendant and his testimony in the criminal procedure. The paper then proceeds to outline the views of theoreticians regarding the significance of the preparation and planning of the defendant's hearing, as well as specific measures that need to be taken when carrying out this activity. These measures consist of the following: 1) determining the person who will conduct the hearing; 2) determining the location and time of the hearing; 3) analysis of the situation in the case files before the first hearing and identification of all facts and circumstances concerning the criminal offence; 4) obtaining information on the defendant's personality, and 5) preparation of the hearing strategy. The author considers these measures necessary assumptions for obtaining not only a lawful testimony - in line with the provisions of the law on criminal procedure, but also a complete testimony, which is able to shed light on the facts surrounding the criminal offence.
{"title":"Preparation and planning of the hearing of the defendant for obtaining a lawful and complete testimony","authors":"Ž. Mirkov","doi":"10.5937/gakv93-25941","DOIUrl":"https://doi.org/10.5937/gakv93-25941","url":null,"abstract":"The paper deals with the measures for the preparation and planning of the hearing of the defendant, taken by representatives of the police or prosecutor's office. In the introduction, the author provides general observations on the hearing of the defendant and his testimony in the criminal procedure. The paper then proceeds to outline the views of theoreticians regarding the significance of the preparation and planning of the defendant's hearing, as well as specific measures that need to be taken when carrying out this activity. These measures consist of the following: 1) determining the person who will conduct the hearing; 2) determining the location and time of the hearing; 3) analysis of the situation in the case files before the first hearing and identification of all facts and circumstances concerning the criminal offence; 4) obtaining information on the defendant's personality, and 5) preparation of the hearing strategy. The author considers these measures necessary assumptions for obtaining not only a lawful testimony - in line with the provisions of the law on criminal procedure, but also a complete testimony, which is able to shed light on the facts surrounding the criminal offence.","PeriodicalId":52738,"journal":{"name":"Glasnik Advokatske komore Vojvodine","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71222997","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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