Pravo - teorija i praksa

LEGAL STATUS OF COMPLIANCE OFFICERS – OPEN ISSUES

2024-02-15T15:12:47+00:00

Legislators only sporadically regulate the compliance function within companies, primarily in the financial sector. The primary task of compliance officers (CO) is to ensure that the overall business operations comply with legal norms. When discussing the potential liability of compliance officers, it is necessary to analyze their legal position within the corporation. The liability of compliance officers should primarily be considered as the employee’s responsibility towards the employer. From the perspective of corporate law, the theoretical background should focus on whether compliance officers have a distinct legal status within the company. The authors aim to contribute to the discussion on potential changes in corporate governance, where corporate officers such as compliance officers gain more influence, and to raise awareness of the precarious position of compliance officers under current solutions of both the Anglo-American and Continental European models.

IMPLEMENTATION OF FOOD SAFETY POLICY IN THE ЕUROPEAN UNION – GUIDANCE, VARIETY, AND RESOLUTION OF CHALLENGES

2024-01-26T17:48:53+00:00

The paper explores the intricate landscape of implementing food safety policies within the European Union (EU) context. Through an examination of key themes, including discretion and enforcement of policies, the EU’s problem-resolution strategies, and the concept of individualization that surpasses mere adherence to laws, the paper sheds light on the complexities and nuances inherent in ensuring food safety across the diverse member states. The paper scrutinizes the role of discretion in the enforcement of food safety policies within the EU. It delves into how regulatory bodies exercise judgment in interpreting and applying policies, taking into account the varying contexts and challenges faced by member states. The discussion highlights the need for a balanced approach that considers both uniformity in enforcement and flexibility to address specific regional or sectoral requirements. Further, the paper focuses on the EU’s problem-resolution strategies concerning food safety policies. It explores the mechanisms in place for identifying and addressing challenges that arise during the implementation phase. This includes an analysis of coordination among member states, collaboration with stakeholders, and the role of regulatory bodies in mitigating issues and fostering a harmonized approach to problem-solving. In the end, the paper introduces the concept of individualization, emphasizing how a diverse range of policies and practices exists beyond mere adherence to overarching laws. This section explores the unique approaches taken by member states in tailoring food safety policies to suit their specific circumstances. It investigates the benefits and potential challenges associated with such individualization, considering its impact on overall policy effectiveness and coherence.

PROVISIONS OF MAŽURANIĆ'S ACT ON THE ORGANISATION OF PUBLIC SCHOOLS AND TEACHER TRAINING SCHOOLS AND LEGISLATIVE FRAMEWORKS FOR ENCOURAGING CREATIVITY IN EDUCATION

2024-02-15T14:56:18+00:00

Ivan Mažuranić, Croatian Ban who reigned from 1873-1880 implemented significant reforms in education, administration, and judiciary since his political programme focused on the provision of the modern legal framework for Croatian autonomy. During the second year of his reign, on 19th August 1874, Ban Mažuranić proposed to the Parliament a draft Act on the organisation of public schools and teacher training schools (original in Croatian Zakon ob ustroju pučkih školah i preparandijah), which was adopted and confirmed by the Austrian Emperor and Hungarian-Croatian King Francis Joseph I already on 14th October 1874. That Act is considered to be the first Croatian autonomous school law and one of the most liberal school laws in Europe, as it secured the schools the status of secular institutions.
Many of the provisions of that Act are still accurate and applicable in today's Croatian educational system. However, being proposed back then, they caused serious debates and protests of all social classes. A qualitative comparative analysis of the Act on the organisation organization of public schools and teacher training schools and the current Act on education in primary and secondary schools will compare the legislative frameworks for encouraging creativity in education, which provide prerequisites for the creative and autonomous work of teachers. Having passed this law, Ban Mažuranić proved himself to be serious in fulfilling his election promises. Along with other laws enforced in judiciary and administration, this Act opened the way for the modernisation of the former Croatian state and its faster adoption of European standards of a modern civil state.

INFLUENCE OF BIO-CLIMATIC CONDITIONS OF MOUNT ZLATIBOR ON HEALTH TOURISM

2024-02-02T14:40:57+00:00

Introduction: Bioclimatic conditions are of great importance for all forms of tourism, especially for health tourism, as they should encompass therapeutic and prophylactic characteristics. Over the last three decades, tourism in Zlatibor has been continuously growing in terms of tourist numbers and the development of tourist infrastructure. This paper presents the bioclimatic and climatic conditions on Mount Zlatibor from the perspective of their impact on tourism. More precisely, it examines their influence on tourist movements on this mountain and their significance for the development of health tourism. Materials and Methods: Research data were obtained through the analysis of temperature, air pressure, humidity, insolation, and precipitation levels. Based on these data, physiological equivalent temperature (PET) values and the universal thermal climate index (UTCI) were calculated. Results: The obtained results of bioclimatic indices (PET and UTCI) indicate potential stress due to extreme cold in the mornings and evenings from late October to the second decade of March. Pleasant warmth prevails during the summer months in the mornings and evenings. In terms of health, the climate of Zlatibor is suitable for maintaining health, as well as for treating various lung diseases, anemia, heart and blood vessel disorders, especially thyroid disorders. Bioclimatic conditions closely correlate with tourist movements on Zlatibor, as evidenced by climate data and the results obtained from PET and UTCI calculations. Conclusion: Comparing tourist numbers over a five-year period reveals that bioclimatic conditions significantly influence Zlatibor’s peak tourist season, which occurs during the summer months. This period offers the most favorable bioclimatic conditions, attracting the highest number of visitors to the mountain, especially those seeking health and recreational activities.

PROHIBITION OF MARKET ABUSE – EUROPEAN LAW AND THE LAW OF THE REPUBLIC OF SERBIA

2024-01-26T13:49:00+00:00

Market abuse encompasses trading based on insider information and market manipulation. Such unfair market activities can endanger the entire market and, in their most intense and most pronounced form, seriously disrupt market dynamics, conferring undue advantages to certain participants, thus undermining principles of fair competition. Therefore, when defining legal regulations in the field of market abuse prohibition in a country, understanding the morphology of the market is crucial. It is important to consider both positive and negative consequences for the country’s market economy, if the goal is to form a transparent, integrated and efficient market, which would be attractive to investors based on such characteristics and thereby contribute to the economic growth and development of the country. The Republic of Serbia still lacks sufficiently developed mechanisms and appropriate legal solutions necessary for the functioning of a market economy, but its advantage lies in the model, experience, and judicial practice of developed markets within the member states of the European Union.

RELATIONSHIP BETWEEN ECONOMIC AND ORGANIZED CRIME IN MODERN SOCIETY

2024-03-21T13:31:02+00:00

Organized crime and related economic crime are the focus of interest for all modern, well-organized states. Theoreticians generally agree that organized crime has closely followed the development of modern states, while economic crime has evolved with the development of the economy and business, both at national and supranational levels, alongside the expansion of information and communication technologies. Despite being viewed as two distinct types of crime, economic and organized crime are highly interdependent and interconnected. While a small number of economic crime offenses lack the characteristics of organized crime, a significant number of criminal activities exhibit organized elements within the realm of the economy and economic activities. Thus, the relationship between these two types of crime is directly proportional, wherein the development of organized crime follows the development of economic crime, and vice versa. In addition to the introduction and conclusion, the paper consists of three interconnected and interrelated parts. The first part elucidates the philosophy of organized crime. It highlights the problems of defining, the lack of a unique definition, and its multidisciplinary nature. Additionally, it presents the most significant characteristics and manifestations of organized crime in theory and practice. The second part deals with the issues of economic crime. Similarly to the first part, it discusses the process of determining and defining the concept of economic crime, presenting its basic characteristics and contemporary types. Finally, the third part of the paper examines the relationship between these two categories of crime.

MINIMUM WAGE – THE RULE INSTEAD OF THE EXCEPTION IN THE LABOR MARKET

2024-01-26T14:34:58+00:00

The issue of the minimum wage has been attracting attention for many years, not only from experts, but also from the general public. Determining the minimum wage in every country, including Serbia, aims to establish minimum standards for personal income and combat poverty. The basic feature of the minimum wage is that it is a temporary measure, lasting up to 6 months, as a response to an employer’s poor financial performance, and as such it represents an extraordinary measure, which should be abolished upon returning to the normal economic conditions. Upon resuming normal business operations, the employer is required to compensate employees for the shortfall, ensuring they receive their contracted salary in full. However, instead of the minimum wage being an exception, used only in extraordinary circumstances, it has now become commonplace in the labor market, challenging the original concept of the minimum wage and raising questions about its effectiveness. This paper aims to examine the concept of wage and minimum wage in Serbia, along with its practical implications in the domestic labor market.

RESTRICTIVE AGREEMENTS AS A FORM OF COMPETITION VIOLATION IN SERBIA – THEORY AND PRACTICE

2024-02-19T13:05:31+00:00

Restrictive agreements are agreements among market participants that significantly restrict, distort or prevent competition. This paper aims to elucidate the concept of restrictive agreements as a form of competition infringement within the scientific, professional and businesslegal communities. The paper systematizes the definitions of this concept and examines the relevant laws and regulations governing it. Additionally, the paper will analyze and evaluate the efficacy of the Commission for the Protection of Competition, highlighting both its strengths and weaknesses in making decisions on the prevention of monopolies. Through an analysis of the commission’s decisions concerning companies operating within the territory of the Republic of Serbia, this paper identifies challenges and proposes solutions to enhance the Commission’s effectiveness.

THE ETIOLOGY OF JUVENILE DELINQUENCY

2024-02-15T15:00:10+00:00

In contemporary societies characterized by advanced information technology and widespread accessibility to various resources, social and psychological factors leading to adverse personal and societal consequences significantly influence minors, providing fertile ground for the emergence of juvenile delinquency. Juvenile delinquency is a serious problem for all contemporary societies, encompassing different forms of deviant behaviors among minors, including criminal acts that trigger legal proceedings and sanctions. Since there are a lot of theories and studies which focus on the distinctions between delinquency and criminality, this paper does not deal with that in greater detail. Instead, it focuses on elucidating juvenile delinquency as a foundational concept for understanding diverse forms of deviant behavior from criminal, psychological, and sociological perspectives. The paper identifies causes of juvenile behavior and early indicators for identifying young offenders. The primary research objective is to explore delinquency prevention strategies tailored to offenders. The examples illustrate the most frequent criminal acts perpetrated by reported, accused, and convicted minors, categorized by gender, age, and type of criminal sanction.

STRUCTURE AND RATIO LEGIS OF RETENTION RIGHT IN CONTEMPORARY CIVIL LAW

2024-02-29T13:20:32+00:00

The subject of this work is critical analysis of key segments of the civil law institute of retention, i.e., the right to retain the debtor’s property – primarily in positive Serbian law, but also in European regulations with the longest tradition of civil codes. Through the application of various scientific methods, particularly axiological and comparative law, the author analyzes and evaluates the following segments of Ius retentionis: definition, content and effect, forms, conditions for establishment, protection, and termination, with demarcation from related institutes. Commenting on various positive legislative solutions, the author also reflects on: the solutions of two previously drafted drafts that embody potential proposals for future Serbian civil law; as well as the model-rule DCFR, which constitutes part of the “soft” law of the EU, with which the domestic solution is useful to harmonize in the future, with the aim of determining the direction of further development of this institute. By providing explanation of some doctrinal and disputed retention issues (such as: permitted object, scope, legal nature), the author provides an authentic picture of this useful, but controversial institute. The author concludes that retention can be described as unfinished real right sui generis, an atypical legal real guarantee authentically exercised by self-protection technique, whose ratio legis is threefold: social, material and procedural justification. All of this finally outlines the direction of its further affirmation, i.e., the strengthening of retention in all segments of the institute, regarding: effect, content, expansion of the object, simplified conditions for establishment, as well as an increasing number of modalities.

DEPRIVATION OF PARENTAL RIGHTS AND “THE BEST INTEREST OF THE CHILD”

2024-02-19T12:42:21+00:00

In contemporary times, children are recognized as holders of their own rights, which is a departure from past practices. The state delegates authority to participate in and intervene in family matters through designated guardianship bodies and local courts. The deprivation of parental rights carries significant and enduring consequences for both parents and children, with the entire process governed by the legal principle of the best interest of the child. Unfortunately, the “best interest of the child,” while a widely used concept, lacks precise legal definition, potentially leading to adverse effects on the child’s psychological and physical development.