Годишњак факултета правних наука - АПЕИРОН

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ISSN / EISSN : 2232-9668 / 2232-9684
Total articles ≅ 212
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Latest articles in this journal

Radmila Dragišić
Годишњак факултета правних наука - АПЕИРОН, Volume 11, pp 166-185; https://doi.org/10.7251/gfp2111166d

In this paper, we explore the implementation of the Directive on services in the internal market in the Member States of the European Union, with the focus on assessing the clarity of the norms of this acquis. We perform analysis of selected cases from the jurisprudence of the Court of Justice. The source of law in question, among other things, we consider with regard to its implementation in the areas of public health, certification and technical supervision, and in the field of veterinary services. The topic of our work is useful for the professional and scientific community due to the further clarification of the importance of the development of the case law of the Court of Justice for the uniform application of the Directive governing a very important segment of the internal market.
Miodrag Simović, Marina Simović
Годишњак факултета правних наука - АПЕИРОН, Volume 11, pp 105-116; https://doi.org/10.7251/gfp2111105s

The well-known sentence in English Justice delayed is justice denied confirms historical awareness of the value of a speedy court decision. The right to a fair trial within a reasonable time applies to both civil and criminal proceedings. In a criminal trial, the issue of adjournment may also be regulated under Article 5 paragraph 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms when a person is detained. The rationale for the principle, in criminal proceedings, is “based on the need to allow the accused not to remain for too long in a state of uncertainty as to the outcome of criminal charges against him” (Kart v. Turkey, European Court of Human Rights, 2009). Furthermore, the variability of criminal proceedings that take too long - generally damages the reputation of the alleged offender. The European Court of Human Rights explained that “the reason for the verdict in so many lenghty proceedings is that certain contracting parties have not complied with the ‘reasonable time’ requirement under Article 6 paragraph 1 of the European Convention and have not prescribed a domestic remedy for this type of appeal” (Scordino v. Italy (no. 1) [GC], 2006-V).
Slobodan Stanišić
Годишњак факултета правних наука - АПЕИРОН, Volume 11, pp 27-43; https://doi.org/10.7251/gfp2111027s

Although the legal regulation of this contract as a special named modality of the basic type of contract of sale was missing in our positive legislation, its significance for today’s modern legal transactions is undoubted. Sales contracts with the right of redemption are still concluded today and are an integral part of the living organisms of our contractual contract law. This was also noticed by the Commission for the Drafting of the Civil Code of the Republic of Serbia, which envisaged the legal regulation of this important legal work in the Pre-Draft of the new Civil Code. In this way, the intention of the Commission to finally fill the legal gap that still exists in the Serbian contract law regarding the legal regulation of this legal transaction as a special named contract was expressed. Sales contracts with the right of redemption are valid legal transactions that still produce legal effects, under the condition that they are concluded in accordance with the general principles of our contract law, within the limits prescribed by positive laws and regulations and are not contrary to public order and good customs. In this paper, the author looks at the origin and historical development of this modality of the contract of sale, the concept, features and subject of the contract, including the rights and obligations of the parties, presented significant understandings of legal science on the legal nature and duration of contracts of sale and pointed out the need for its legal regulation as a named contract.
Ljubinko Mitrović, Saša Rendić
Годишњак факултета правних наука - АПЕИРОН, Volume 11, pp 134-150; https://doi.org/10.7251/gfp2111134m

There are two categories of tax offenses in the so-called tax legislation in Bosnia and Herzegovina, and these are criminal offenses and misdemeanors. Unlike tax crimes prescribed exclusively in criminal law (Bosnia and Herzegovina, Republika Srpska, the Federation of Bosnia and Herzegovina and the Brcko District of Bosnia and Herzegovina), tax offenses are prescribed by dozens of laws and bylaws in force at all levels of government. : at the level of Bosnia and Herzegovina, then the entities - Republika Srpska and the Federation of Bosnia and Herzegovina, cantons, Brcko District and finally cities and municipalities. The taxation system in Bosnia and Herzegovina is conceived and constituted in accordance with its constitutional system and it can be characterized as a hybrid system, but also a very complex system with a complex fiscal structure and divided responsibilities for taxation with direct taxes under the jurisdiction of the entity tax administrations. that is, the Federation of Bosnia and Herzegovina, the Republika Srpska and the Brčko District of Bosnia and Herzegovina. The competent institutions at the entity level are the Ministries of Finance (Ministry of Finance of the Federation of Bosnia and Herzegovina and the Ministry of Finance of the Republika Srpska), ie the Finance Directorate of the Brčko District of Bosnia and Herzegovina. On the other hand, indirect taxes are the responsibility of the Indirect Taxation Authority of Bosnia and Herzegovina, while at the level of Bosnia and Herzegovina, the Ministry of Finance has been established within the Council of Ministers of Bosnia and Herzegovina.
Francesco Palermo
Годишњак факултета правних наука - АПЕИРОН, Volume 11, pp 5-26; https://doi.org/10.7251/gfp2111005p

In public law, the concept of property plays, arguably, a much more limited role than in private law. At a closer look, however, a rather different picture emerges. In fact, in public (national and international) law, property is less (if at all) regulated, but not less important than in private law. Rather, it is implicitly assumed and developed in collective rather than individual terms. Especially in the nation state construct, territory is the property of a state and the state is the property of a group of people (the dominant nation), whose power to control a territory is called sovereignty. For this reason, when the question emerges of how to deal with a territory predominantly inhabited by a minority group, the answers by different actors involved might be diametrically opposite. This is essentially because the link between people and territory is always framed in terms of ownership: who “owns” a territory? And how to deal with those who inhabit the territory without (being seen as those) owing it? This essay explores the responses to such questions. The focus will be on challenges posed by autonomy regimes as instruments for the accommodation of minority issues, including the evolving concept of territory. Against this background, the different understandings of the link and the recent practice of selected international bodies will be analysed, leading to some concluding remarks. It will be argued that territory is an unavoidable point of reference, but many aspects are not sufficiently addressed, such as the issue of the addressees of such arrangements, the evolution that minority-related concepts are facing in the present era, marked by the challenge of diversity and the overall understanding of territorial arrangements.
Marina Simović, Vladimir Simović
Годишњак факултета правних наука - АПЕИРОН, Volume 11, pp 44-53; https://doi.org/10.7251/gfp2111044s

Life imprisonment is the term for a prison sentence based on which a convicted person remains in prison for their whole life. After the death penalty, it is the severest criminal sanction. Many countries have introduced it in their legislation as a substitute for the death penalty. On the other hand, many legislations have, along with the long-term sentence, introduced the possibility of the convicts’ release, most often conditional release. From the second half of the 20th century onwards, life imprisonment as well as the death penalty has most often been regarded an inhumane and inefficient sanction, given that people sentenced to life imprisonment are considered permanently excluded from society, that is, losing any kind of interest in rehabilitation. This paper analyses the issues related to long-term sentences - life imprisonment in the countries of the former Socialist Federal Republic of Yugoslavia (SFRY) and in the contemporary European criminal law.
Jelena Ćeranić Perišić
Годишњак факултета правних наука - АПЕИРОН, Volume 11, pp 77-90; https://doi.org/10.7251/gfp2111077p

Malgré le fait que la construction communautaire est fondée sur le principe d’unité d’application de droit communautaire, dès le début de processus de l’intégration européenne le principe de différentiation a été appliqué. L’idée principale était de préparer le terrain pour pouvoir poursuivre les objectifs communs. Déjà, lors des premiers élargissements de la Communauté européenne, les périodes de transition de certains États ont été prévues. La prise de conscience de l’impossibilité pour l’ensemble des États d’avancer de la même vitesse a conduit à la constitutionalisation du concept de différentiation/ flexibilité. L’intégration différenciée a été institutionnalisée par le traité d’Amsterdam (1997) sous la forme du mécanisme de coopération renforcée. Les modalités d’intégration différenciée sont assez nombreuses et diversifiées. On peut les trouver dans des matières différentes. Presque tous les domaines d’actions de l’Union sont potentiellement ou effectivement concernées par la différenciation. L’hétérogénéité de l’intégration différenciée se manifeste aussi à travers la multitude d’expressions désignant cette notion. Une gamme des notions diverses est développée. Ainsi, cet article présente un essai de faire une typologie des modalités de l’intégration différenciée. La difficulté ne consiste pas dans la découverte d’un classement de la flexibilité, mais plutôt dans le choix de typologies décisives. Une classification est la plus courante en doctrine. On peut donc la qualifier de classique et elle est examinée dans la première partie de cet article. Étant donné que cette classification s’avère plutôt politique que juridique et qu’elle ne reflète pas suffisamment le droit positif, les nouvelles typologies sont analysées dans la deuxième partie.
Nana Weber
Годишњак факултета правних наука - АПЕИРОН, Volume 11, pp 54-76; https://doi.org/10.7251/gfp2111054w

The article deals with Slovenian regulation of the termination of employment contracts due to business reasons. According to settled case law, any termination of an employment contract is ultima ratio of the employer. In addition to pre-redundancy alternatives in ZDR-1 and a review of measures from the PKP packages, the options offered to employers by the state to prevent redundancies, at least at the moment do not provide a sufficient basis for the legality of redundancies solely because of an economic crisis due to the pandemic.
Veljko Ikanović
Годишњак факултета правних наука - АПЕИРОН, Volume 11, pp 151-165; https://doi.org/10.7251/gfp2111151i

The author deals with the new position of the injured party in criminal proceedings, persons who may refuse to testify and exceptions from the direct presentation of evidence due to the unavailability of witnesses after the amendments to the Criminal Procedure Code of Republika Srpska from 2021. Starting from the current regulation of this matter, pointing to the solutions in the comparative legislation, the analysis of these changes indicates the consequences of such inconsistent and in some institutes unnecessary and erroneous standardization of this sensitive matter. Attention is drawn to the contradiction between the decision on the privileged witness and juvenile legislation, which is in line with the conventions protecting their position, and the European Convention for the Protection of Human Rights and Fundamental Freedoms. In that sense, the legislator is critically pointed out the shortcomings of certain solutions and suggests appropriate changes and additions in order to eliminate the problems that may arise during their practical application.
Siniša Macan
Годишњак факултета правних наука - АПЕИРОН, Volume 11, pp 186-199; https://doi.org/10.7251/gfp2111186m

Cyberspace is becoming the dominant global arena for the exchange of goods and services. In addition, cyberspace is playing an increasing role in meeting the social needs of the modern human being. Services provided by public administrations are moving to the Internet and modern information and communication technologies. In such an environment, the need for reliable identification of an individual in cyberspace becomes increasingly demanding. E-commerce, as well as e-business in most cases implies the possession of bancing cards as an instrument of non-cash payment transactions. Therefore, a banking card is recognized as an instrument that confirms the identity of an individual within electronic interactions, and the bank can also be seen as a provider of trust services in electronic identification procedures. In a large number of electronic transactions in cyberspace, there is often no need for identity verification via credit cards, because no financial transaction. At the same time, there is a need to reliably determine the identity of an individual in cyberspace. The intensive development of the Internet, the transfer of a large number of business and social activities in cyberspace has led to the need to adapt legal solutions that regulate some activities on the Internet, or the mentioned cyberspace. Thus, a system of reliable digital authentication of transactions and recognition of an individual’s identity when appearing in cyberspace has been developed. In the Republic of Srpska, but also in Bosnia and Herzegovina, legislation has been adopted that recognizes electronic signatures, as well as trust and electronic identification services. Back in 1999, the European Union adopted a regulation for digital signatures, which was replaced by the Regulation on electronic identification and trust services for electronic transactions in the internal market number 910/14, popularly called eIDAS. eIDAS regulations legally regulate the methods of digital identification, as well as the legal validity of electronic documents and electronic business with traditional documents and business. The paper studies the levels of electronic identifications, possible solutions in legislation and practice in the Republic of Srpska and Bosnia and Herzegovina and presents examples from neighboring countries.
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