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Sanctioning hate speech on the Internet: In search of the best approach 制裁互联网上的仇恨言论:寻找最佳方法
Q4 Social Sciences Pub Date : 2023-01-01 DOI: 10.5937/pravzap1-43118
Petar Antić
The borderless nature of the Internet, different national approaches to the understanding of what constitutes hate speech, as well as the danger of restrictions on the freedom of speech, make it difficult to develop appropriate mechanisms against this phenomenon. The limitations of international law in providing a universal definition of hate speech, due to the different national approaches to freedom of expression, have thwarted attempts to produce an effective international treaty in order to deal with this issue. Imposing obligations on Internet portals to establish self-regulatory mechanisms for removing hate speech content has raised concerns of non-competent censorship and potential limitations of the freedom of expression. This paper focuses on the challenges encountered in the struggle against hate speech online and possible mechanisms for combating this phenomenon.
互联网的无国界性质、各国对仇恨言论的理解方式不同,以及限制言论自由的危险,使得很难制定适当的机制来对付这一现象。由于各国对待言论自由的方式不同,国际法在提供仇恨言论的普遍定义方面存在局限性,这阻碍了制定一项有效的国际条约来处理这一问题的努力。互联网门户网站有义务建立自我监管机制,删除仇恨言论内容,这引起了人们对审查不当和言论自由可能受到限制的担忧。本文的重点是在网上反对仇恨言论的斗争中遇到的挑战和打击这种现象的可能机制。
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引用次数: 0
Employer 's liability in Serbia for damage caused by work injury: The case of professional athletes 塞尔维亚雇主对工伤损害的责任:以职业运动员为例
Q4 Social Sciences Pub Date : 2023-01-01 DOI: 10.5937/pravzap1-43874
M. Petrović
The right to safety and health at work is one of the fundamental human rights at work, which is protected by the highest international and national legal instruments. In Serbian law, such a right is protected, firstly, by the Constitution of the Republic of Serbia itself and then, further, through the Labour Law and the Law on Safety and Health, whose norms address this issue more thoroughly. These norms are embodied first and foremost in certain obligations of employers, with the aim of ensuring safety and health at work primarily for their employees. In cases where the employer fails to provide a safe and healthy work environment, or even when an injury happens despite everything in this process being done correctly, the question of the employer's liability for the damage which was caused at work arises. This paper provides an analysis of this issue, with emphasis on the issue of liability for the damage thus caused to the athletes with an employee status.
工作安全和健康权是工作中的一项基本人权,受到最高的国际和国家法律文书的保护。在塞尔维亚法律中,这一权利首先受到《塞尔维亚共和国宪法》本身的保护,然后通过《劳动法》和《安全与卫生法》加以保护,它们的规范更彻底地解决了这一问题。这些规范首先体现在雇主的某些义务中,其目的是确保主要为其雇员的工作安全和健康。如果雇主未能提供安全和健康的工作环境,或者即使在这一过程中一切都做得正确,但还是发生了伤害,那么雇主对在工作中造成的损害的责任问题就出现了。本文对这一问题进行了分析,重点讨论了具有雇员身份的运动员由此造成的损害的赔偿责任问题。
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引用次数: 0
Who is an online trader from the consumer law perspective?: From Serbia to the EU and back 从消费者法的角度来看,谁是网上交易者?从塞尔维亚到欧盟再回来
Q4 Social Sciences Pub Date : 2023-01-01 DOI: 10.5937/pravzap1-43549
Aleksandar Radonjić
The author seeks to answer the following research question: If a natural person is not a registered entrepreneur but does sell goods or services online regularly and for-profit, does that make that person a trader for the purposes of consumer law? The method applied is legal dogmatic. It is a search for the meaning of one of the key notions in consumer law, the trader. The meaning of this notion in Serbian legal literature has been taken for granted, or it has been controversially interpreted by certain consumer protection organizations, and the relevant case law does not exist, making this analysis even more needed. The author concludes that the definition of a trader from Serbian Consumer Protection Act may be interpreted encompassing a natural person who is not an entrepreneur, who sells goods or services online to consumers, depending on the circumstances of the case. The conclusion is based on the analysis of relevant CJEU case law and the case law of some EU Member States.
作者试图回答以下研究问题:如果一个自然人不是注册的企业家,但定期在网上销售商品或服务,并以营利为目的,这是否使该人成为消费者法目的的交易者?所采用的方法是法律上的教条主义。这是对消费者法中一个关键概念——贸易商的意义的探索。塞尔维亚法律文献中这一概念的含义被认为是理所当然的,或者被某些消费者保护组织有争议地加以解释,而有关的判例法并不存在,因此更需要进行这种分析。提交人的结论是,《塞尔维亚消费者保护法》对商人的定义可以根据案件的具体情况解释为包括非企业家、在网上向消费者销售商品或服务的自然人。本文的结论是在对欧洲法院相关判例法和部分欧盟成员国的判例法进行分析的基础上得出的。
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引用次数: 0
Protection of the rights of persons with disabilities to work: Kazakhstan's experience from the perspective of international law and EU law 残疾人工作权利保护:从国际法和欧盟法的视角看哈萨克斯坦的经验
Q4 Social Sciences Pub Date : 2023-01-01 DOI: 10.5937/pravzap1-41081
Asset Adibayev, Mart Susi
In spite of the ratification of Convention on the Rights of Persons with Disabilities, by the majority of States, this human category still faces various challenges. The gap between the declarative nature of the equal rights of the persons with disabilities and the practical implementation of the concept of equality is especially evident in the field of access to employment. Although the majority of countries, including Kazakhstan, have transposed the ideas of equal treatment of the persons with disabilities into national legislation, the situation remains unsatisfactory, and one can ask: why? This is especially relevant in labor area and connected to the insufficient governmental supervision of how legal principles are enforced by private actors in the workplace. Specific national effective enforcement mechanisms and remedies are needed, hand-in-hand with international supervision, to minimize the discrepancy between what the countries have committed to and how they comply with the obligations to safeguard the rights of the persons with disabilities. Kazakhstan needs to complement its commitment to these rights with a national action plan.
尽管大多数国家批准了《残疾人权利公约》,但这一类人仍然面临各种挑战。残疾人平等权利的说明性与平等概念的实际执行之间的差距在获得就业的领域尤为明显。虽然包括哈萨克斯坦在内的大多数国家已将平等对待残疾人的思想纳入国家立法,但情况仍然令人不满意,人们可以问:为什么?这在劳动领域尤其相关,并与政府对工作场所中私人行为者如何执行法律原则的监督不足有关。需要具体的国家有效的执法机制和补救措施,并与国际监督相结合,以尽量减少各国承诺的内容与履行保障残疾人权利义务的方式之间的差异。哈萨克斯坦需要以一项国家行动计划补充其对这些权利的承诺。
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引用次数: 0
How much for a legal intern?: Internships at law offices in Serbia 法律实习生多少钱?:在塞尔维亚的律师事务所实习
Q4 Social Sciences Pub Date : 2023-01-01 DOI: 10.5937/pravzap1-40711
Milica Đorđević, Milica Vlajić
The aim of this paper is to examine the position of legal interns in Serbia. The first part of the paper provides the theoretical framework for the research, as well as an overview of the normative position of legal interns, whereas the second part presents the methodological framework of the research and analysis of the data collected from 517 respondents. The results of the study confirm the hypothesis that current socio-economic changes have led to the transmission of stratification within the legal profession to the position of legal interns. Additionally, the data provide valuable insights into the experiences and challenges faced by legal interns, which have implications for the review of legal regulations governing their rights and obligations.
本文的目的是研究法律实习生在塞尔维亚的地位。论文的第一部分为研究提供了理论框架,并概述了法律实习生的规范地位,而第二部分则提出了研究的方法框架,并对517名受访者收集的数据进行了分析。这项研究的结果证实了这样一种假设,即目前的社会经济变化已导致法律专业内部的分层现象转移到法律实习生的地位。此外,这些数据对法律实习生的经历和面临的挑战提供了宝贵的见解,这对审查管理其权利和义务的法律条例有影响。
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引用次数: 0
The investor-state arbitration legitimacy crisis: Could AI be its future savior (or resurrector)? 投资者-国家仲裁合法性危机:人工智能能成为未来的救世主(或复活者)吗?
Q4 Social Sciences Pub Date : 2023-01-01 DOI: 10.5937/pravzap1-43940
W. Dar, Boris Praštalo
The world of arbitration has not escaped the all-pervading impact of AI. Stakeholders are not only assessing the current impact of AI on the practice of arbitration but also speculating on its future role. The possibility of AI replacing human arbitrators has also figured in the discussions. This paper focuses on the use of AI in the context of investor-State arbitration, which of late, has been facing fierce backlash for its purported deficiencies. The paper explores whether AI could be used to remedy some of the burning issues in the investor-state dispute settlement system, which have culminated in its "existential crisis". The paper assesses the extent to which human arbitrators and other relevant factors have contributed to the crisis, and then examines the suitability of AI to act as an arbitrator. The paper lays a road map for the potential role of AI in ISA and attempts to answer the central question-could AI prove to be a resurrector or a disruptor of the ISA system.
仲裁世界并没有逃脱人工智能无处不在的影响。利益相关者不仅在评估人工智能对仲裁实践的当前影响,还在猜测其未来的作用。人工智能取代人类仲裁员的可能性也在讨论之中。本文侧重于在投资者与国家仲裁的背景下使用人工智能,最近,人工智能因其所谓的缺陷而面临激烈的反弹。本文探讨了人工智能是否可以用来解决投资者-国家争端解决体系中一些亟待解决的问题,这些问题最终导致了“存在危机”。本文评估了人类仲裁员和其他相关因素对危机的影响程度,然后研究了人工智能作为仲裁员的适用性。这篇论文为人工智能在ISA中的潜在作用绘制了路线图,并试图回答核心问题——人工智能是ISA系统的复活者还是破坏者?
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引用次数: 0
Impunity (or not) for civil disobedience 公民抗命不受惩罚(或不受惩罚)
Q4 Social Sciences Pub Date : 2023-01-01 DOI: 10.5937/pravzap1-40771
Sava Vojnović
Starting from Rawls's concept of civil disobedience, the author argues that it is carried out on justified moral grounds and must be distinguished from all other tortious actions. It is a communicative act that non-violently and publicly points out problems within a system, thereby guaranteeing itself a position of loyalty to the law, not the opposite. The paper first analyzes the concept of civil disobedience, along with the question of its justification, as well as Dworkin's point of view on the interpretation of disputed legal norms by citizens who refuse to obey them. It then examines the purposes of punishment as stated in the theory of sanctions - applied to civil disobedience, along with the potential treatment of civil disobedience by judges. The author believes that in each specific case, according to the judgment of the court, such disobedient individuals could either be given reduced sanctions or be completely exempted from punishment.
本文从罗尔斯的公民不服从概念出发,论证了公民不服从是在正当的道德基础上进行的,必须与其他侵权行为区分开来。它是一种沟通行为,以非暴力和公开的方式指出系统内的问题,从而保证自己忠于法律的立场,而不是相反。本文首先分析了公民不服从的概念及其正当性问题,以及德沃金对拒绝服从的公民对有争议的法律规范的解释的观点。然后,它审查了制裁理论中所述的惩罚的目的- -适用于公民不服从,以及法官对公民不服从的潜在处理。发件人认为,在每一个具体案件中,根据法院的判决,这些不服从的个人要么可以减轻制裁,要么可以完全免除惩罚。
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引用次数: 0
The status and rights of the child in the same-sex union: European law and practice 同性婚姻中儿童的地位和权利:欧洲法律和实践
Q4 Social Sciences Pub Date : 2022-01-01 DOI: 10.5937/pravzap0-37326
R. Vujovic
Parental rights are obviously the most controversial issue in the legal regulation of same-sex unions. This is one of the challenges facing the Republic of Serbia at this moment and which needs to be comprehensively considered in order to meet the announced legal regulation of same-sex unions, and this work is directed towards that goal. The focus of the paper is not the discussion about how the sexual orientation of parents affects the quality of parenting and the well-being of children and whether the sexual identity of parents is an important factor in effective parenting. This work is the result of research on how in the European legal area, in the member states of the Council of Europe and the European Union, which have legally regulated same-sex unions, the principles of equality, the rule of law, and the best interests of the child are reflected on the legal position of children and the enjoyment of rights arising from family life. In addition to the various points of view presented in the legal literature, the paper presents key positions and the latest decisions of the European Court of Human Rights and the European Court of Justice, which have specific implications for the need to harmonize internal regulations and legal practice in the member states, and a critical review of jurisprudence is given of certain foreign courts of the highest rank in cases whose outcomes can significantly influence the change of doctrines in the judicial practice of those countries, but also as an inspiration to other legal systems.
在同性婚姻的法律规制中,父母的权利显然是最具争议的问题。这是塞尔维亚共和国目前面临的挑战之一,需要全面考虑,以满足已宣布的同性婚姻法律规定,这项工作就是朝着这个目标进行的。本文的重点不是讨论父母的性取向如何影响育儿质量和孩子的幸福,以及父母的性别认同是否是有效育儿的一个重要因素。这项工作是研究在欧洲法律领域,在欧洲委员会和欧洲联盟的成员国中,如何在法律上规范同性婚姻,平等原则,法治和儿童的最大利益反映在儿童的法律地位和家庭生活中产生的权利的享受上的结果。除了法律文献中提出的各种观点外,本文还介绍了欧洲人权法院和欧洲法院的关键立场和最新决定,这些立场和决定对协调成员国内部法规和法律实践的必要性具有具体影响。对某些最高级别的外国法院的判例进行了批判性的审查,这些案件的结果可以显著地影响这些国家司法实践中理论的变化,但也可以作为对其他法律制度的启发。
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引用次数: 0
Less is more?: On the number of judges and judicial efficiency 少即是多?:关于法官人数和司法效率
Q4 Social Sciences Pub Date : 2022-01-01 DOI: 10.5937/pravzap0-41043
Bojan Spaić, Mila Đorđević
In this paper, we deal with the relationship between the relative number of judges within a jurisdiction and the efficiency of the judiciary. To determine how the number of judges influences efficiency, we compare data on the judiciary from six countries: Serbia, Croatia, Slovenia, France, Austria and Norway. The analysis is based on data collected within the 2020 Evaluation cycle (2018 data) of CEPEJ and World Justice Report Rule of Law Index for 2018. We conclude that judicial efficiency does not increase with an increase in the number of judges in a jurisdiction.
在本文中,我们讨论了司法管辖区内法官的相对数量与司法效率之间的关系。为了确定法官数量如何影响效率,我们比较了六个国家的司法数据:塞尔维亚、克罗地亚、斯洛文尼亚、法国、奥地利和挪威。该分析基于CEPEJ 2020年评估周期(2018年数据)和2018年世界司法报告法治指数收集的数据。我们得出的结论是,司法效率不会随着一个司法管辖区法官人数的增加而增加。
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引用次数: 0
Necessity changes the law: A case of incomplete implementation of canon law regarding autocastration 必要性改变法律:教会法关于自残的不完全执行案例
Q4 Social Sciences Pub Date : 2022-01-01 DOI: 10.5937/pravzap2201318j
Ivan Jankovič
Canon law - in this case: the Rules (CANONES) of the Orthodox church - mandates that a priest who castrates himself must be defrocked (deprived of ecclesiastical status). This provision appears in the oldest source of canon law, the Apostolic canons (4th century CE), to be repeated in the first canon of the First Council of Nicaea as well as in numerous subsequent codices. In the only instance of autocastration by a priest in the modern era in Serbia (in 1861) that we know of, the provision was not fully implemented. Instead, the autocastrated priest was barred from performing religious services and from wearing epitrachelion (stole, worn around neck when performing rites, without which rites have no effect whatsoever). In time, this interdiction was gradually reduced, until it applied only to leading the liturgy (but not to assisting in it). After that, he was allowed to wear the stole and perform all other religious services, such as prayers, weddings, christenings and funerals. The priest in question was also a monk (hieromonk), but his monastic status, rights and obligations were unaffected by his act of autocastration. Moreover, at one point (in 1868) he was appointed the head of his monastery, to act in the Metropolitan's name. The monastery (Jošanica) was undergoing a deep crisis throughout 1860's: its property was in ruins, while individual monks were prosecuted for various crimes, ranging from homosexuality to attempted murder. At various times, the monastery was unable to service its parish because it lacked priests (hieromonks). It was precisely this shortage of priests that persuaded the church authorities (i.e. the Metropolitan as the head of the then Serbian Orthodox Church) not to defrock the autocastrated priest, notwithstanding the canons. As the Metropolitan himself explained, this was done "out of necessity", in keeping with the Serbian proverb "necessity changes the law".
教会法——在这种情况下:东正教的规则(CANONES)——规定,阉割自己的牧师必须被解除神职(被剥夺教会地位)。这一规定出现在教会法最古老的来源,使徒教规(公元4世纪),在第一次尼西亚会议的第一教规以及随后的许多抄本中被重复。据我们所知,这是塞尔维亚现代(1861年)唯一一起由牧师实施的自残案件,该规定并未完全实施。相反,被阉割的牧师被禁止从事宗教活动,也被禁止佩戴墓志铭(墓志铭是在进行仪式时戴在脖子上的,没有墓志铭,仪式就没有任何作用)。随着时间的推移,这一禁令逐渐减少,直到它只适用于领导礼仪(而不是协助)。在那之后,他被允许穿着长袍参加所有其他的宗教仪式,比如祈祷、婚礼、洗礼和葬礼。这名牧师也是一名僧侣,但他的僧侣身份、权利和义务不受他的自残行为的影响。此外,有一次(1868年),他被任命为修道院院长,以大都会的名义行事。修道院(Jošanica)在整个19世纪60年代经历了深刻的危机:它的财产被毁,而个别僧侣因各种罪行被起诉,从同性恋到谋杀未遂。在不同时期,修道院无法为教区服务,因为它缺乏牧师(僧侣)。正是由于神职人员的短缺,教会当局(即当时塞尔维亚东正教会的主教)尽管有教规,也没有解除被阉割的神父的职务。正如主教自己解释的那样,这是“出于必要”,符合塞尔维亚谚语“需要改变法律”。
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引用次数: 0
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