https://casopis.pravni-fakultet.edu.rs/index.php/ltp/issue/feed Pravo - teorija i praksa 2023-12-31T00:00:00+01:00 Phd. Jelena Matijašević Obradović [email protected] Open Journal Systems <p>Since 2010, together with the publishing house "PRAVO" from Novi Sad, the Faculty of Law for Commerce and Judiciary of the University Business Academy in Novi Sad has been publishing the scientific journal "Pravo - teorija i praksa<span style="font-size: 0.875rem;">". The journal has already been published for thirty-seven years. During the period from 2011 to 2018, the journal was categorized as the M53 category of academic journals by the Ministry of Education and Science. In 2019, the journal was categorized as a prominent national journal (category M52). In 2020, the journal is recognized as a top journal of national importance (category M51) for the scientific field of Law and Political Science. In 2023, the journal is recognized as </span><span style="font-size: 0.875rem;">a national journal of international significance (Category: M24).</span></p> <p>By nurturing the exchange of opinions and ideas, the journal aims at promoting positive solutions in the normative, judicial and administrative practice. The journal deals with issues from all areas of law. Its sections are continually enriched by new content: current issues, views and opinions, original articles, new regulations, extracts from foreign law, comments on new regulations, comment on the existing court practice, overviews of monographs from seminars and conferences and conference proceedings.</p> <p>A large number of authors, research associates and renowned experts from all areas of law participate in the creation of the academic journal "Pravo - teorija i praksa".</p> <p>Thanks to its highly relevant and quality content, the journal has gained an envious reputation both in our country and abroad and has become a useful and reliable reference book for everyday legal practice.</p> <p>The academic journal "Pravo - teorija i praksa" is intended for all jurists and judicial bodies, institutions, businesses, private companies and entrepreneurs, as well as all legal entities who wish to stay informed and get introduced to new regulations, as well as court and legal practice. The journal is supposed to promote lawful, efficient and successful procedures in everyday legal practice.</p> <p>We invite you to subscribe to the academic journal "Pravo - teorija i praksa". There is a 37-year long tradition behind us as a guarantee of the quality of the periodical.</p> <p>The journal is issued in the form of four issues per volume, every three months, and the subscription is 25,000.00 dinars (250 euros for authors from abroad) per manuscript (we are exempt from payment of V.A.T.).</p> https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/754 STANDBY LETTER OF CREDIT AS A MEANS OF SECURITY IN INTERNATIONAL CONTRACTUAL RELATIONS 2023-10-23T11:11:39+02:00 Dukić Mijatović Marijana [email protected] Dragan Đorđević [email protected] <p>The subject of this paper is a type of letter of credit that is not commonly encountered in the practices of domestic banks. It is not specifically regulated by domestic legislation; however, its significance is expected to grow in the international business relations of our businessmen with companies from other countries where the use of this payment security instrument is common in the banking industry. This type of letter of credit is theoretically of disputed legal nature, raising questions about whether it qualifies as a letter of credit, a type of guarantee, or a distinct legal institute. The focus of the research is on the standby letter of credit as a security measure in international contractual relations, particularly in sales and construction contracts. In sales contracts, the standby letter of credit serves to secure the interests of the seller, while in construction contracts, it can secure interests of both the client the contractor, depending on the party for whose benefit it was issued. The paper aims to define the standby letter of credit, explain its role in protecting the rights and interests of contracting parties, and explore its legal nature. In particular, we will conduct a comparative analysis between this legal institute and a ‘classic’ documentary letter of credit and a bank guarantee. In our legal theory, and to a greater extent in American and English legal theory, there are numerous works that deal with the topic of standby letters of credit. However, the legal regulations related to banking operations have changed over time, which requires a fresh perspective. The goal of this work is to familiarize our companies and banks engaged in transactions with foreign entities, where the issuance of this type of letter of credit is customary, with the role of a standby letter of credit as an instrument for ensuring contractual obligations. In addition to that, the paper aims to explore the legal relationships established with this type of letter of credit.</p> 2023-12-31T00:00:00+01:00 Copyright (c) 2024 Dukić Mijatović Marijana, Dragan Đorđević https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/766 МEDIA AND CRIMINAL BEHAVIOR – BETWEEN SOCIAL RESPONSIBILITY AND DESTRUCTION 2023-11-20T13:15:28+01:00 Željko Bjelajac [email protected] Aleksandar Filipović [email protected] <p>This paper examines the interplay between media and criminal activities, highlighting the numerous stereotypes and misconceptions about criminality that often originate from the media’s construction of reality, driven by sensationalism and profit-seeking. In scrutinizing the media’s engagement with criminal matters, the paper comprehensively analyzes the intricate dynamic between providing informative content and the allure of sensationalism. The paper accentuates the pivotal role of the media in disseminating information to the public, promoting justice, and stimulating discourse on the causal factors and repercussions of criminal behavior. The paper underscores the adverse societal impacts of the media, including the propagation of disinformation, the endorsement of violence and aggression, the cultivation of media dependency, and the ramifications for mental health. It meticulously explores the dissemination of false news, identifies sources of disinformation, and formulates strategies to mitigate this predicament. The nexus between the media’s portrayal of violence and tangible instances of aggressive conduct is scrutinized, delving into industry self-regulation and the roles played by family, education, and society in addressing this issue. Furthermore, the paper conducts an in-depth analysis of how the media portrays criminal activities, with a particular emphasis on popular television genres centered on criminal themes. It elucidates the psychological dimension of the appeal of such narratives, offering insights into diverse motivators prompting viewers to identify with criminal acts. In conclusion, the paper presents an empirical research into the perceptions of citizens in Serbia concerning the influence exerted by both legacy and new media.</p> 2023-12-31T00:00:00+01:00 Copyright (c) 2024 Željko Bjelajac, Aleksandar Filipović https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/767 CHARACTERISTIC PHENOMENA OF ECONOMIC CRIME IN LEGAL THEORY – FRAUD IN THE FIELD OF INDUSTRY AND PRODUCTION 2023-11-20T13:52:03+01:00 Jelena Matijašević [email protected] Marija Jakovljević [email protected] <p>Economic crime is a constant and rather dynamic negative social phenomena which skillfully adapts to the social-economic and political situation in society. Fraud in the field of industry and production is a characteristic and a conspicuous form of economic crime in the legal doctrine. The motive behind committing fraud is typically personal gain, with perpetrators utilizing their positions in business or official authority within a state or public institution to obtain an illegal advantage in the form of money or goods. This paper, focusing on the subject, begins with defining the term and describing the characteristics and main classifications of economic crime. This part is followed by an in-depth analysis of a characteristic form of economic crime in legal theory, specifically fraud in the field of industry and production. Despite adequate legislation at both the European and national levels, current control systems in the field of industry and production may be perceived as insufficient to prevent fraud in a timely manner. Besides, the modalities of committing fraud in this sphere have continuously evolved and adapted to current business circumstances and the legal framework, which is why the perpetrators very often succeed in evading detection and sanctioning of the committed fraud. Considering the transnational nature of fraud in the field of industry and production, it has become evident that security procedures need to extend beyond national frameworks and include international measures.</p> 2023-12-31T00:00:00+01:00 Copyright (c) 2024 Jelena Matijašević, Marija Jakovljević https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/761 MISTAKE IN THE CRIMINAL LAW OF THE REPUBLIC OF SERBIA 2023-10-30T12:41:29+01:00 Ivan Joksić [email protected] <p>The paper presents the institution of mistake (<em>error</em>) in our criminal law, focusing on its legal regulation as a ground for exculpation. The fact that mistake is a psychological and legal concept whose meaning includes several substantial elements is acknowledged. The legal relevance of mistake contributes to its various treatment in legislation. Given that criminal law, as a branch of legislation, deeply engages with human rights, mistake becomes a crucial institution for excluding the guilt of a perpetrator. Depending on the type of mistake, and the legal and situational circumstances in which it is considered, two main categories can be recognized: mistake of fact (<em>error facti</em>) and mistake of law (<em>error iuris</em>). Their effect must be evaluated in the contest of a specific criminal case. This paper will elucidate the general term and types of mistakes, exploring their effects on the culpability of the perpetrator of the criminal act.</p> 2023-12-31T00:00:00+01:00 Copyright (c) 2024 Ivan Joksić https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/763 THE IMPACT OF ARTIFICIAL INTELLIGENCE (AI) ON EDUCATION – BALANCING ADVANCEMENTS AND ETHICAL CONSIDERATIONS ON HUMAN RIGHTS 2023-11-20T13:18:07+01:00 Lazar Stošić [email protected] Aleksandra Janković [email protected] <p> <span class="fontstyle0">The primacy of artificial intelligence (AI) in education has become increasingly relevant in recent times, aiming to facilitate the easier acquisition of material. There is a growing emphasis on the implementation of AI and the search for ways to incorporate it into everyday work. However, this story brings into play ethical, copyright, and many other rights. The text discusses the growing role of artificial intelligence (AI) in education, emphasizing its potential benefits and ethical challenges. It explores the use of models like Generative Pre-trained Transformer (GPT) to enhance learning processes, yet highlights concerns related to transparency and ethics.</span> </p> 2023-12-31T00:00:00+01:00 Copyright (c) 2024 Lazar Stošić, Aleksandra Janković https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/764 REVIEW OF THE DEFINITION OF CRIMES AGAINST HUMANITY IN CASE-LAW OF THE AD HOC TRIBUNALS 2023-11-27T11:10:32+01:00 Bojan Budiša [email protected] Joko Dragojlović [email protected] Branislav Babić [email protected] <p> <span class="fontstyle0">Crime against humanity is one of the oldest international crimes, sanctioned by the international community since the early twentieth century. Throughout the twentieth century, the concept of this international crime has evolved, and its definition and scope have undergone changes from the Nuremberg Tribunal, through ad hoc international tribunals for the former Yugoslavia and Rwanda, up to the Statute of the International Criminal Court. However, ever since the first codification of this international crime, there has been a challenge in fully determining it. This is evident from continuous efforts at the United Nations to adopt a comprehensive special convention that will codify all rules related to crimes against humanity. This paper will demonstrate the development of the definition of crimes against humanity through statutory prescriptions in the statutes and jurisprudence of ad hoc tribunals and the International Criminal Court, which have significantly influenced the definition of crimes against humanity.</span> </p> 2023-12-31T00:00:00+01:00 Copyright (c) 2024 Bojan Budiša, Joko Dragojlović, Branislav Babić https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/743 ETHICAL AND LEGAL ASPECTS OF PUBLIC RELATIONS 2023-10-18T13:18:12+02:00 Milovan Vuković [email protected] Dejan Dašić [email protected] Aleksandra Vuković [email protected] <p><span class="fontstyle0">Public Relations (PR), a significant component of the media industry, also represents a management function that helps establish and maintain beneficial connections between the organization and various stakeholders. The evolution of the public relations profession is commonly perceived as a qualitative shift from the unethical practices that dominated several decades since the 1920s to strategically and ethically conducted campaigns in contemporary business. However, when considering the practice of PR in the first decades of the 21st century, numerous concerns arise regarding ethical dilemmas, conflicts, and, consequently, the ethical decisionmaking process. The main objective of this paper is to offer an overview of ethics and its development in PR. The application of ethical principles based on utilitarian, deontological, situational and virtue approaches is discussed. This study also analyzes the most frequently encountered ethical problems in contemporary PR practice. Finally, the paper delves into some models of the ethical decision-making process and discusses the legal consequences of PR.</span> </p> 2023-12-31T00:00:00+01:00 Copyright (c) 2024 Milovan Vuković, Dejan Dašić, Aleksandra Vuković https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/758 ON LOCAL SELF-GOVERNMENT AND ITS CONSTITUTIONAL POSITION IN SERBIA 2023-11-20T13:50:42+01:00 Milivoje Lapčević [email protected] Milan Rapajić [email protected] <p>Local self-government is a form of decision-making and governance in local communities established on smaller parts of state territories. It is exercised either directly by its citizens, or by their elected representatives, as well as by other local bodies. The local authority, executed by local bodies, theoretically represents the government of citizens in local communities. Local self-government can be considered as the basic organization of power, and the history of constitutionalism cannot be imagined without it. In this paper, the authors first present the basic characteristics of self-government. These include: 1) the existence of a defined scope for certain local self-government activities, executed by local government bodies without interference from the central government; 2) citizens’ entitlement to choose their representatives in local communities through direct elections or to be directly involved in making decisions on important topics of interest to the local community; 3) local institutions’ independence in terms of their organization and personnel; 4) local selfgovernment having its own independent financing sources (taxes, own property); 5) local autonomy protected by the constitution and laws to ensure the unobstructed work of local self-government. In this paper, the authors analyze the elements of the constitutional position of local self-government in Serbia, including its concept, the method of decision-making, jurisdiction, the right to self-organization, and the protection of local self-government.</p> 2023-12-31T00:00:00+01:00 Copyright (c) 2024 Milivoje Lapčević, Milan Rapajić https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/759 FORGING PAYMENT CARDS AND CYBERCRIME 2023-10-30T13:04:38+01:00 Katarina Stojković Numanović [email protected] Boro Merdović [email protected] Dragan Živaljević [email protected] <p>Payment card forging and high-tech crime are deeply rooted problems in today’s society. These sophisticated forms of crime utilize advanced techniques and high-tech tools to illegally access financial resources and commit fraud. Payment card forgery involves the creation of fake copies of debit or credit cards with the intent of conducting illegal financial transactions. Access to card data is achieved through various methods, including skimming (illegally collecting card data), phishing (fraud through fake emails or web pages), or the physical theft of cards. Simultaneously, high-tech crime encompasses a wide range of activities aimed at the misuse of digital technologies and networks to achieve financial gain or harm to individuals, companies, or states. These crimes often include computer fraud, cyber-attacks, and digital fraud. This paper aims to highlight the importance and seriousness of payment card forgery, explore different methods and patterns of these criminal activities, and emphasize their specific connection with high-tech crime. Different methodologies were applied in the research including quantitative and qualitative content analysis, comparative analysis, as well as descriptive and analytical statistics. The obtained results clearly indicate the growing importance of this problem both in the legislative and in the criminological contexts, with a constant increase in the number of committed criminal acts. Additionally, the research highlights the inextricable link between payment card forgery and various forms of high-tech crime, which often intertwine and together constitute an overarching challenge to the justice system and the security of society. Finally, the paper will consider various strategies and methods that society and the state can use to counter the spread of these criminal activities. The ultimate goal is to preserve the safety and integrity of the financial system and protect the interests of individuals.</p> 2023-12-31T00:00:00+01:00 Copyright (c) 2024 Katarina Stojković Numanović, Boro Merdović, Dragan Živaljević https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/753 JUVENILE IMPRISONMENT 2023-10-19T12:54:15+02:00 Bogdanka Grbić [email protected] <p class="P68B1DB1-Normal2" style="text-align: justify; line-height: 150%;"> <span class="fontstyle0">Juvenile delinquency is a negative social phenomenon and a socio-legal problem that has always existed in all societies of the world. In our country, the social response to juvenile crime has evolved over time. Initially, juveniles were treated as adults, and the primary purpose of punishment was repression. However, with the adoption of the Law on Juvenile Offenders and Criminal Protection of Juveniles in 2005, significant changes occurred. The new system of punishment primarily focuses on the protection, correction, and rehabilitation of juveniles. For this purpose, corrective orders are issued first. However, when the dimensions of juvenile crime surpass the possibilities offered by the application of corrective orders, criminal sanctions are imposed. Juvenile imprisonment is the only punishment recognized by our juvenile criminal legislation. It is applied as an “ultima ratio” for older juveniles, only when the legal requirements are met. The subject of the paper is precisely the analysis of the content of the sentence of juvenile imprisonment, the legal conditions for imposing it and the manner of its execution. The aim is to review the fundamental positive legal decisions in the Republic of Serbia related to the sentence of juvenile imprisonment and the criminal legal status of juveniles.</span> </p> 2023-12-31T00:00:00+01:00 Copyright (c) 2024 Bogdanka Grbić https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/757 FUNDAMENTAL BREACH OF CONTRACT UNDER THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS 2023-10-05T12:51:43+02:00 Nevena Tepavac [email protected] <p>The concept of fundamental breach of contract under the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 1980 plays a pivotal role in determining the legal remedies available to the aggrieved party. It allows for contract termination only in instances where a breach is deemed fundamental. This paper delves into a comprehensive analysis of the institution of fundamental breach of contract and its characteristics, providing insight into how the Convention distinguishes between a fundamental breach and a non-fundamental breach. As a result, it assists in resolving potential uncertainties and dilemmas the aggrieved party might face concerning the choice of legal remedies. The analysis begins with an exploration of the background and drafting process of Article 25 of the Convention. The focus then shifts to an in-depth analysis of the institution of fundamental breach of contract. This covers how and why the distinction between a fundamental breach and a non-fundamental breach emerged, leading up to an intricate examination of all the conditions and features of a fundamental breach of contract, all with the aim of accurately defining this term in line with the provisions of the Convention. The study also encompasses a review of pertinent judicial and arbitral practices, aiding in a better understanding of the practical application and interpretation of the institution of fundamental breach of contract. Special attention is devoted to analyzing how the aggrieved party can be confident in its right to terminate the contract and how to sidestep potential hazards and consequences of an unjustified termination.</p> <p>Through a detailed review of the Convention's provisions and both judicial and arbitral practices, this paper offers a succinct insight into the institution of fundamental breach of contract in the context of international sales of goods. It investigates how contracting parties can safeguard themselves and how they can act in accordance with the rights and obligations stipulated by the Convention.</p> 2023-12-31T00:00:00+01:00 Copyright (c) 2024 Nevena Tepavac https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/745 LESSONS WE CAN LEARN ABOUT HUMAN RIGHTS AFTER THE COVID-19 VIRUS PANDEMIC IN THE REPUBLIC OF SERBIA 2023-11-09T10:58:08+01:00 Sanela Veljković [email protected] <p><span class="fontstyle0">The spread and danger of the Covid-19 virus in 2020 demonstrated how unprepared states were for such threats. Each state took measures it believed to be adequate at the time to protect its population. In the Republic of Serbia, numerous measures were implemented after a state of emergency was declared in March, to prevent the spread of the virus. Many of these measures led to derogations of various human rights. However, even in extreme situations like a state of emergency, derogating human rights should meet the requirements of necessity, and proportionality. This paper examines the state of certain human rights, namely the right to information and freedom of peaceful assembly during the state of emergency in the Republic of Serbia. The analysis aims to determine whether there was a derogation of these rights or rather their gross violation. In this way, the paper seeks to provide specific lessons about human rights that every citizen can draw after the Covid-19 virus pandemic in the Republic of Serbia.</span> </p> 2023-12-31T00:00:00+01:00 Copyright (c) 2024 Sanela Veljković