Pravo - teorija i praksa

CONCEPTUALIZING JUDICIAL TRANSPARENCY AND PUBLIC TRUST – FRAMEWORKS FOR COMMUNITY-CENTERED JUSTICE

2025-05-12T17:21:35+00:00

Judicial transparency and public trust represent the foundations of a functional rule of law and democratic governance. Transparency encompasses institutional openness, procedural clarity, and the public perception of fairness, forming the basis for accountability, equitable justice, and participatory governance. Despite growing global efforts, achieving substantive transparency remains a significant challenge for judicial systems. This paper examines the theoretical underpinnings of judicial transparency and trust, presenting a universal framework for integrating these principles into justice systems. Through a comparative analysis of global case studies, it identifies applicable strategies—including the use of emerging technologies such as artificial intelligence (AI) and blockchain—to improve transparency, enhance inclusivity, and address systemic inequalities. The findings show that transparent practices and participatory mechanisms strengthen public trust and inclusivity, offering practical guidance for future reforms.

THE ROLE OF ADMINISTRATIVE DISTRICTS IN THE ADMINISTRATIVE SYSTEM OF SERBIA

2025-05-22T11:15:14+00:00

This paper analyzes the role of administrative districts and local units of state administration authorities, as well as the needs and possibilities for their reform. The non-central aspect of public administration itself constitutes a complex whole with multiple distinct elements, interrelations, and needs. In this context, the paper examines the possibilities and methods for “strengthening administrative districts” and “improving vertical and horizontal oversight in the execution of original and delegated tasks” at the non-central level, as defined by current planning documents. The core of this analysis is grounded in positive legal provisions, as well as strategic and planning documents in Serbia, accompanied by relevant comparative references. The main research dilemma concerns the limited possibilities for enhancing the performance of state administrative tasks through or within administrative districts. This limitation stems from the nature of the non-central aspect of public administration as a complex subsystem with two components: local self-government with its own original tasks (decentralized aspect), and local self-government with delegated tasks alongside local units of state administration authorities (more or less centralized aspect), which are interconnected through the administrative district.

ARTIFICIAL INTELLIGENCE AND EU INTEGRATED BORDER MANAGEMENT

2025-04-17T13:57:33+00:00

The future development of artificial intelligence and the expansion of its application across many areas of social life represent a global phenomenon. The normative regulation of artificial intelligence development within international organizations has become a dynamic process throughout 2024. Considering both the potential benefits of artificial intelligence for humanity and the possible devastating effects on human rights, the EU—as a leading international regulatory entity— has established a legal framework for the use of artificial intelligence in nearly all areas of public governance, including migration, asylum, and the management of its external borders. This paper examines the emergence, connection, significance, and integration of artificial intelligence in border control, as well as the relevance of EU legal norms for its current and future application within the model of integrated management of the EU’s external borders. A key focus of the research is the implications of artificial intelligence use on the fundamental rights of vulnerable groups, alongside the role of Frontex in researching the application of specific artificial intelligence systems in border and migration management.

CYBERCRIME AND LAW – MANAGING CHALLENGES AND PROSPECTS IN THE DIGITAL AGE

2025-04-28T13:49:57+00:00

Cybercrime has emerged as a global threat in the digital age, posing significant challenges to legal systems worldwide, particularly in terms of their effectiveness and applicability. This paper examines how these challenges are addressed within international and national legal frameworks, highlighting key obstacles and offering perspectives for improvement. It reviews existing legal mechanisms, such as the Budapest Convention, the General Data Protection Regulation (GDPR), and national legislation in Serbia, and evaluates their adaptability to contemporary technological threats and potential for reform. The research adopts an interdisciplinary methodology, combining theoretical analysis of international and domestic legal texts with empirical examination of statistical data and case records. Practical challenges of legal enforcement are assessed through a systematic review of relevant sources, including the number of reported cyberattacks, and insights drawn from Interpol and Europol reports. The findings highlight systemic challenges, such as jurisdictional limitations, ineffective laws, and insufficient technical capacities. Proposed solutions emphasize enhanced international cooperation, modernization of legal frameworks, investment in technology, and public education. The paper concludes that building legal resilience to cybercrime requires a coordinated international effort to address legal and technological vulnerabilities exploited by cybercriminals.

ORIENTALISM AS A FACTOR IN THE DEVELOPMENT OF INTERNATIONAL LAW ON NUCLEAR SECURITY

2025-04-16T09:10:26+00:00

Orientalism refers to the discursive process through which Western societies construct a spatial imaginary of the “Orient” or the East. This conceptual framework can be useful in analyzing contemporary nuclear relations. The dichotomy between nuclear powers and Third World states stems directly from the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), whose provisions established which states were granted the status of nuclear powers. Consequently, all other countries—those that did not possess nuclear weapons at the time the treaty was adopted—were denied such a status. In the decades that followed, several Third World states developed their own nuclear programs, including India, Pakistan, North Korea, Israel, and Iran. Some of these countries never accepted the provisions of the NPT, while others later withdrew from the obligations they had undertaken. This paper investigates the role of Orientalism as a contributing factor in the development of international law on nuclear security. It analyzes how Orientalist viewpoints have shaped the formation of international legal norms, with particular emphasis on their disproportionate effects on Third World states. The paper concludes by underscoring the need to reassess existing paradigms in international relations in order to reduce geopolitical tensions and enhance global nuclear security.

THE RIGHT OF DIVULGATION AS A FORM OF THE RIGHT TO PRIVACY

2025-05-05T10:25:16+00:00

The author’s personal right of divulgation—the right to publish a work—is not universally recognized in all countries. Considering its potential significance for the author, it is necessary to examine the rationale behind its legal regulation. To that end, in the first part of the paper, the authors, applying legal dogmatic and sociological methods, analyze the right to privacy, its legal foundations, and its various forms. In the second part, using the legal dogmatic method, they examine the concept and scope of the right of divulgation and conduct a comparative legal analysis. By applying deductive and comparative methods, the authors further explore potential legal grounds for the recognition of the right of divulgation, particularly its relationship with the right to privacy. Based on this analysis, the authors conclude that the right of divulgation can be viewed as a form of the right to privacy, thereby highlighting the need for its broader international recognition in order to protect the author’s privacy interests.

THE SIGNIFICANCE AND CONNECTION OF THE PRINCIPLES OF CONSTITUTIONALITY AND LEGALITY WITH THE LEGAL ORDER AND RULE OF LAW

2025-05-08T13:41:28+00:00

The rule of law is one of the oldest and most significant ideas in the history of legal and political thought. Contemporary legal scholars widely emphasize that this concept occupies a central place in clearly articulated views concerning the state, law, politics, and economics. As an ideal worth striving toward, the rule of law has been addressed by leading figures in law, economics, and political theory. The discourse on the principles of constitutionality and legality has consistently served as a cornerstone in affirming the importance of the rule of law in modern legal systems. This is particularly relevant given that these principles are essential to the existence of the legal state. In accordance with the focus of this paper, the authors analyze several key issues: how to determine the significance of the relationship between the principles of constitutionality and legality and the rule of law, how to conceptually present the essence of constitutionality, legality, the rule of law, and the legal state.

DIFFERENCES BETWEEN CIVIL AND CRIMINAL LIABILITY

2025-05-23T18:43:33+00:00

Liability denotes the capacity of a legally competent person to distinguish permitted from prohibited acts and accordingly to be held accountable for them. Beyond the term “liability” itself, there are numerous distinctions between civil liability and criminal liability. Practically, the purpose of liability is diametrically opposed. To be liable means to bear the appropriate consequences for one’s conduct. Accordingly, whether referring to civil liability or criminal liability, the essence of both legal responsibilities lies in enduring the consequences arising from the actions of the liable party. The aim of this paper is to comprehensively and systematically, yet concisely and authentically, highlight the fundamental and most significant differences between these types of liability, also addressing, within civil liability, the distinctions between contractual and tortious (non-contractual) liability. Through reasoned explanations, derived conclusions, and detailed analysis of statutory provisions and judicial decisions, the key differences among these liabilities will be elucidated—an endeavor important for both theoretical scholarship and judicial practice.

THE SUBCULTURE OF CLOTHING BETWEEN HUMAN RIGHTS AND THE THREAT OF TERRORISM

2025-05-15T20:21:09+00:00

Although at first glance clothing choices appear to be a matter of individual freedom—subject only to certain exceptions involving unwritten, or more rarely written, norms that typically carry no serious sanctions—there are situations in which this issue is raised to a much higher level. It is often linked to specific garments associated with Muslim women, such as the hijab, niqab, burqa, and others. In line with this, the paper highlights certain challenges related to human rights issues, but also to security concerns, which require a more in-depth and nuanced approach, especially considering numerous instances in which men dressed as women have carried out terrorist attacks or evaded law enforcement. In order to propose a suitable legal solution—a compromise that would respect individual rights while also addressing potential security risks—the paper employs several methodological approaches. A comparative method is used to examine the legal frameworks of different countries. Documentary analysis is applied to judgments of the European Court of Human Rights. Additionally, an analytical approach is used to examine relevant passages from the Qur’an that pertain to clothing and the obligation to cover certain parts of the body.

LAW ON ACCOUNTING IN THE REPUBLIC OF SERBIA AND APPLICATION OF IAS/IFRS

2025-04-16T08:55:13+00:00

In accordance with its legal accounting framework, the Republic of Serbia has adopted IAS/IFRS as the sole financial reporting framework for all entities, while taking into account certain formal specificities of medium-sized and small enterprises. The International Accounting Standards Board (IASB) played a key role in this approach. These initial observations aim to highlight the quality of financial statements as a result of the application of the current accounting legislation in the Republic of Serbia. The issue of comparability and harmonization of financial statements is particularly relevant to medium-sized and small enterprises, as well as to companies whose securities are listed on the stock exchange. Research findings suggest that the application of the existing legal framework— specifically the mandatory and exclusive use of IFRS—has become a limiting factor in the quality of financial statements and, consequently, their representational value. The thematic scope of this paper involves the application of a methodology based on the collection of secondary data from relevant domestic and international sources. Through processing and analysis, this information enables an assessment of the current state of financial reporting quality. From the perspective of financial information users—primarily investors and creditors—the second part of the paper presents research findings and proposes measures to improve accounting regulations with the aim of enhancing the quality of financial statements.

THE LEGAL-REGULATORY GAP IN DATA PROTECTION BETWEEN THE EUROPEAN UNION AND THE UNITED STATES OF AMERICA – CHALLENGES AND IMPLICATIONS

2025-05-08T13:37:50+00:00

In the era of global digitalization, the legal regulation of data protection has become a key challenge for international law and business. While the European Union establishes robust privacy standards through the General Data Protection Regulation (GDPR), the United States applies a fragmented approach through various federal and state laws, creating legal challenges in transatlantic data protection regulation. This paper analyzes the legal consequences of the regulatory gap between the EU and the United States, particularly in light of the annulment of the Privacy Shield agreement. Through comparative legal analysis and case studies, the paper explores how differing legal frameworks impact the global digital economy, user privacy, and international corporations. Special attention is given to the extraterritorial reach of the GDPR, its influence on U.S. legislation, and potential legal mechanisms that could contribute to regulatory harmonization. The paper highlights the need for harmonizing international data protection standards that establish a balance between legal security, privacy protection and encouraging innovation in the digital ecosystem.

THE PROBLEM OF SOVEREIGNTY IN THE PHILOSOPHY OF THE 17th–18th CENTURIES (T. HOBBES AND S. PUFENDORF)

2025-05-05T10:15:18+00:00

This study presents a philosophical reflection on the question of sovereignty, viewed through a comparative analysis of two philosophers: Thomas Hobbes and Samuel Pufendorf. The field of inquiry lies between political philosophy and the philosophy of law. The literature review centers on prominent thinkers such as Machiavelli, Bodin, Spinoza, Locke, Montesquieu, Rousseau, Kant, and others, in order to provide a broader and deeper understanding of the questions surrounding sovereignty. The bibliographic research is oriented toward a comparative and analytical approach. A foundational understanding of Hobbes’s and Pufendorf’s philosophical positions is essential, as the comparative analysis aims to articulate their discourse on topics such as the idea of objective social unity and the ways in which national sovereignty is concretized. The comparison focuses on the form and substance of the social contract. At the core of the discussion is the relationship between popular (political) sovereignty and state sovereignty. The discourse highlights the nature of sovereign power and the issue of freedom, challenging the principle of representativeness. Positioned between the idea of indivisible force and the power to realize justice, sovereignty is situated within the conflicting contexts revealed through this comparison. The study further explores the political-legal system and the concept of the rule of law. Additionally, it addresses the complex relationship between internal and external sovereignty, wherein the essence of sovereignty is often compromised.

THE IMPORTANCE OF THE NATIONAL CERT INSTITUTION FOR THE REPUBLIC OF SERBIA

2025-05-05T10:20:35+00:00

The National CERT is the institution responsible for coordinating, preventing, and protecting against current security risks in the information and communication systems of operators at the national level. This article explores the mechanisms of protection, prevention, and response to security threats, emphasizing the role and importance of the CERT institution for the Republic of Serbia, the application of the Law on Information Security, and the raising of public awareness about information security. Various research methods have been applied, including the method of concretization, the combined method of analysis and synthesis, the inductive-deductive method, the comparative method, and the statistical method. The Law on Information Security regulates protective measures against security risks in information and communication systems, defines the responsibilities of legal entities in managing and using such systems, and determines the competent authorities for implementing those measures. Through supervision, control, and recordkeeping of all security threats in the Republic of Serbia, the National CERT enables proactive engagement by competent institutions, thereby enhancing the level of national security and Serbia’s position on the global stage.