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Glasnik Advokatske komore Vojvodine最新文献

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Totalitarianism, crowd psychology and collective responsibility 极权主义、群体心理与集体责任
Pub Date : 2022-01-01 DOI: 10.5937/gakv94-35849
D. Drakić
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.
在这篇文章中,作者探讨了相关的主题:极权主义、群体心理和集体责任。本文的主题在导言中作了说明。然后,对极权主义现象进行了界定,并列举了其普遍性和长期性的可能原因。文章的第二部分致力于分析大众心理,这是极权主义不可避免的伴侣。这种分析有助于全面审查责任问题,这构成了文章的第三部分和中心部分。在以极权主义政权的名义犯下罪行的情况下,集体责任问题得到强调和特别注意。这一问题逐步展开并得出结论,使本研究成为一个全面的整体。
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引用次数: 0
Prohibition on the burning of crop residues on agricultural land 禁止在农业用地上焚烧农作物残余物
Pub Date : 2022-01-01 DOI: 10.5937/gakv94-36068
Sofija Nikolić-Popadić
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.
焚烧植物残余物是一些农民在收获后在农业用地上采用的一种做法。它对土地、环境、气候造成许多有害影响,并可能危及人、动物和财产的生命。本文分析了欧盟和各成员国的法律法规,以期找到如何规范禁止焚烧作物残茬问题的答案。鉴于塞尔维亚共和国每年在收获后时期都发生大量火灾,因此特别注意对国内条例进行分析,以便找到这个问题的答案,即这个长达数十年的问题是由于法律条例不充分造成的,还是由于现行条例没有得到适当的适用。
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引用次数: 0
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 McCann等人诉联合王国案以及与《欧洲人权公约》第2条规定的计划和控制执法行动有关的积极义务
Pub Date : 2021-01-01 DOI: 10.5937/gakv93-29460
Darija Martinov
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.
积极义务是《欧洲保护人权和基本自由公约》成员国采取积极步骤保护本《公约》所保障的权利的义务。在保护作为基本人权之一的生命权方面,麦肯等人诉联合王国案开创了先例,为《公约》缔约国在规划和开展执法行动方面确立了新的义务。这些义务的确立方式、范围和内容,以及法理学和从业人员对这一创新判断的评论,都是本文分析的主题。
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引用次数: 0
A comparative law review of the expenses of civil proceedings as the subject of legal protection insurance in German and Croatian law 对德国和克罗地亚法律中作为法律保护保险主体的民事诉讼费用的比较法审查
Pub Date : 2021-01-01 DOI: 10.5937/gakv93-29903
Loris Belanić, Jakob Nakić
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.
民事诉讼的费用可能对当事人行使其权利构成重大的经济负担。确保补救能够将这一负担"转嫁"给保险人,从而便利当事方在财务方面进行民事诉讼,这也对行使其权利的可能性产生影响。提供救济只包括为保护被保险人的合法利益所必需的法律费用。同时,保险人按照程序法关于诉讼费用赔偿义务的规定以及确定个人诉讼费用数额和内容的规定报销诉讼费用。本文论述了德国法律中法定赔偿金额范围的表述和分析。然后,随着模型的分析报道根据德国法律,在克罗地亚的费用赔偿法律的覆盖,在处理法律费用要素(一定的法律行为规定支付适当的费用,等的费用)的法律保护保险公司应该考虑当形成的封面相机会最后,法院的判例法欧盟有关确保纠正。
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引用次数: 0
The protection of confidential communication between a lawyer and a client in the case law of the European Court of Human Rights 欧洲人权法院判例法中对律师与委托人之间保密通信的保护
Pub Date : 2021-01-01 DOI: 10.5937/gakv93-28644
Dimitrije Đukić
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.
通信保密是一项非常重要的人权,当律师和客户之间进行通信时,它的重要性就会增加。也就是说,为了让律师能够充分地代表他们的客户,客户必须确保他们委托给律师的信息不会到达第三方,即通信将保持机密。从这个意义上说,保护律师与客户之间通信的机密性不仅对在每个案件中代表客户非常重要,而且对法律制度的正常运作也非常重要。本文旨在确定《欧洲公约》的哪些条款保护律师与委托人之间保密通信的权利,以及这种通信在实践中如何受到欧洲人权法院的保护。本文还探讨了是否有可能规定一种措施,以限制律师与委托人之间享有特权和保密通信的权利这一重要权利,如果可以,则在何种条件下加以限制。
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引用次数: 0
The concept of knowledge as a subjective element in the criminal offense of crimes against humanity 知识概念作为危害人类罪刑事犯罪的主观要件
Pub Date : 2021-01-01 DOI: 10.5937/gakv93-29475
Olivera Ševo
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.
本文的主题是对国际刑法中危害人类罪中知识作为主观要件的分析。本文从对平民人口进行广泛或系统攻击的行为构成将“普通”犯罪转化为危害人类罪的情况出发,试图回答在这种攻击中实施行为的知识是否为一个独立的主观要件以及国际刑法中对知识的必要内容是否有统一的立场。本文的基础是对国际刑法来源的有关规定进行语言、规范、系统和比较法分析,对三个最重要的国际法院的样本判决进行文献分析,以及对波斯尼亚-黑塞哥维那立法和判例法中这一主观因素进行个案研究。研究结果表明,就知识作为危害人类罪的主观要件的独立性而言,国际刑法的立场相对一致,而就知识的内容而言,则没有一致的立场。
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引用次数: 0
Initiating the reorganization procedure according to the law on bankruptcy: Reorganization vs. prepackaged reorganization plan 依照破产法提起重整程序:重整与预先包装的重整计划
Pub Date : 2021-01-01 DOI: 10.5937/gakv93-28654
Amina Kajević
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.
本文通过比较“经典”型重组的启动和按照预先包装的重组计划启动的重组,探讨了重组程序的启动问题。对这两种类型的重组的启动的分析将基于对在一个法律制度内启动重组程序最重要的三个要素的概述;即在启动重整程序时,谁被授权启动重整程序,重整计划的强制性内容是什么。这三个要素的安排方式对重组计划的质量及其成功实施有着重要的影响。本文的目的是通过比较这三个要素来分析塞尔维亚破产法中两种类型的重组的启动,并指出在启动这两种程序时出现的一些有争议的问题。
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引用次数: 0
Đuro M. Đurić, Vladimir M. Jovanović: Pravni instrumenti rešavanja korporativne krize, Pravni fakultet za privredu i pravosuđe, Novi Sad, 2020 乔万诺维奇:Pravni instrumenti rešavanja korporativne krize,Pravni fakultet za privaredu i pravosuře,Novi Sad,2020
Pub Date : 2021-01-01 DOI: 10.5937/gakv93-31208
Aleksandar Petrov
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引用次数: 1
Endowments in European law: Current state and perspectives 欧洲法律的天赋:现状和观点
Pub Date : 2021-01-01 DOI: 10.5937/gakv93-28640
Jelena Veselinov
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.
纵观历史,欧洲各国的禀赋虽然内容相同,但在法律上的发展却不尽相同。这一领域各国的国家法律法规对以捐赠精神设立的法人的基本要素、法律地位和功能的规定各不相同。欧盟是一个以人员和资本自由流动为特征的市场,这种想法不可避免地导致了一套非常复杂的规则的出现,这些规则适用于这个联盟的成员国。将捐赠基金纳入单一市场以及以国际有用目标为特征的捐赠基金数量的增加,往往会导致捐赠基金在国界之外的运作中出现难以克服的问题,因为欧盟国家的国家立法不同步,而不考虑创造一个没有任何人员、服务和资本流动障碍的单一空间的总体目标。这是用于检查本文主题的起点-需要规范和解决欧洲捐赠和基金会运作中的情况:通过在欧盟层面制定特殊规则并平衡或协调与这些非营利组织有关的规则。之所以选择研究的主题,是因为该主题在非营利性部门发展欧盟私法的过程中具有重要意义。本文旨在从法律的角度比较分析欧盟成员国国家立法中与捐赠基金会相关的法律规定,并分析建立统一法律规则的建议。
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引用次数: 0
Preparation and planning of the hearing of the defendant for obtaining a lawful and complete testimony 为获得合法完整的证词而准备和计划被告的听证会
Pub Date : 2021-01-01 DOI: 10.5937/gakv93-25941
Ž. Mirkov
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.
该文件涉及警察或检察官办公室的代表为准备和规划被告的审讯所采取的措施。在导言部分,笔者对刑事诉讼中被告人的听证及其证言进行了一般性的评述。然后,本文概述了理论界对被告人听证准备和策划的意义,以及开展被告听证活动需要采取的具体措施的看法。这些措施包括以下内容:(一)确定听证人;(二)确定听证地点和时间;(三)首次开庭前对案卷情况进行分析,查明与刑事犯罪有关的全部事实和情节;4)获取被告的性格信息;5)制定听证策略。发件人认为,这些措施不仅是获得符合刑事诉讼法规定的合法证词的必要前提,而且是获得能够阐明围绕刑事犯罪的事实的完整证词的必要前提。
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引用次数: 0
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Glasnik Advokatske komore Vojvodine
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