Law - Theory and Practice

COMPENSATION FOR DAMAGE RESULTING FROM THE UNLAWFUL CONDUCT OF PUBLIC ENFORCEMENT OFFICERS

Dejan Bukazić — 2026-04-09

The liability of public enforcement officers for damage caused by unlawful conduct is grounded in constitutional guarantees, standards of professional care, and the rules of the law of obligations. The right to compensation for damage derives from the principle of the rule of law and the state’s duty to ensure the effective enforcement of court decisions, applying a heightened standard of care inherent to holders of public authority. The current legal framework provides for the personal and unlimited liability of enforcement officers, while excluding state liability, which raises questions regarding its compatibility with legal certainty and the case law of the European Court of Human Rights. As a sustainable solution, strengthening professional standards, mandatory professional liability insurance, and the subsidiary liability of the state in exceptional cases are proposed

THE EMPLOYMENT STATUS OF JOURNALISTS IN THE REPUBLIC OF SERBIA

Aleksandar Antić — 2026-04-09

The paper examines the employment status of journalists in the Republic of Serbia, with a focus on individual and collective rights, as well as the mechanisms for their protection. Journalists carry out their profession under different legal arrangements – they may be permanently employed, freelancers, or engaged under contracts for specific tasks. The Law on Public Information and Media (2023) stipulates specific provisions regarding working hours, the right to disconnect, special protection against dismissal, and collective rights. An analysis of the application of the Law on Peaceful Settlement of Labor Disputes (2004) shows that journalists frequently use out-of-court methods to protect their rights, thanks to well-developed trade unions, professional associations, and a high level of awareness. Unlike other employees, who are often unaware of the opportunities offered by the Republic Agency for Peaceful Settlement of Labor Disputes – where procedures can be conducted quickly, efficiently, and free of charge – journalists are willing to use these procedures, thereby further ensuring the protection of their rights and contributing to the stability and professional development of the media sector.

CONSTITUTIONALIZATION OF PATRIOTISM – IS CONSTITUTIONAL IDENTITY POSSIBLE?

Tijana Perić Diligenski — 2026-04-09

Constitutionalization of patriotism implies insisting on unquestionable and universal values around which social cohesion is achieved, instead of insisting on differences, which are often insurmountable. Constitutionality is a metavalue, a value above personal and narrow group interests, as well as national, religious, cultural, or political affiliation. The key research question is whether constitutional patriotism can be an alternative to nationalism. In this paper, the author seeks to provide sociopolitical and legally grounded answers to a number of other dilemmas: whether this concept is suitable for achieving social cohesion and political loyalty in multicultural societies, whether it serves as a tool for the political empowerment of citizens, and whether conflicts in deeply divided societies can be mitigated through it. In addition to the normative consideration of this concept, by applying the empirical comparative law method, the author examines the credibility of constitutional patriotism in states governed by the rule of law with a developed democratic and civic political culture. The findings of the paper show that constitutional identity is not possible in deeply divided societies marked by war wounds and national traumas. Societies accustomed to nationalism as a political technology do not constitute an adequate milieu for the constitutionalization of patriotism. Constitutional patriotism is difficult to achieve in an environment characterized by widespread corruption, clientelism, a subservient political culture, and dysfunctional institutions. In other words, the rule of law and a state governed by the rule of law are prerequisites for building a constitutional patriotic identity.

APPLICATION OF ESG STANDARDS IN LABOR RELATIONS IN THE REPUBLIC OF SERBIA

Nedeljko Krajišnik — 2026-04-09

ESG standards (Environmental, Social and Governance) represent a modern concept of sustainable and responsible business, which is increasingly reflected in labor relations throughout Europe, including in the Republic of Serbia. Although Serbia still does not have a single law or strategy that would systematically regulate the ESG obligations of business entities, labor legislation contains most elements of the social dimension of ESG, while certain segments of the governance (G) and environmental (E) components are reflected indirectly through other regulatory areas. In this regard, domestic labor law demonstrates a high degree of normative readiness for the integration of modern ESG principles, particularly in the areas of occupational safety and health, prohibition of discrimination, trade union rights, and transparency. The aim of this paper is to provide a comprehensive analysis of the existing legislative framework of the Republic of Serbia relevant to the application of ESG standards in labor relations. Special attention is devoted to the review of judicial practice, which significantly contributes to the operationalisation of ESG principles, especially in cases of discrimination, workplace harassment, violations of occupational safety and health regulations, abuse of corporate powers, and whistleblower protection. The paper also discusses the indirect influence of European regulations, primarily the Corporate Sustainability Reporting Directive (CSRD) and the Corporate Sustainability Due Diligence Directive (CSDDD), which, although not formally binding on Serbia, have a significant impact through the operations of foreign investors and affiliated companies. It is concluded that expectations regarding ESG standards in labor relations will inevitably increase, and that it is necessary to further strengthen institutional capacities, improve labor inspection oversight, and develop corporate policies that promote a sustainable working environment.

REGULATORY ASPECTS OF COSMETIC PRODUCT TESTING AND THE ROLE OF ALTERNATIVE MODELS IN MODERN STRATEGIES

Gabor Katona — 2026-04-09

Modern regulatory frameworks in the field of cosmetic products increasingly promote the use of alternative methodologies (New Approach Methodologies, NAMs) based on in vitro, ex vivo, and in silico approaches, accompanied by strict limitations or complete bans on animal testing. In such a regulatory environment, interest is growing in models capable of bridging the gap between cellular systems and complex in vivo studies. Zebrafish (Danio rerio) embryos have been recognized as a potential bridging model due to their high biological relevance, testing versatility, and the more favorable ethical status of early developmental stages. This paper provides a systematized overview of regulatory frameworks in the EU, the USA, Asia, and Serbia, highlighting the degree of acceptance of alternative methods and the specific status of zebrafish in the context of the safety assessment of cosmetic products and ingredients. It analyzes the scientific advantages and limitations of the zebrafish model, including genetic similarity to humans, embryonic transparency, and rapid development, as well as limitations that restrict its use as primary evidence in regulatory documentation. The comparative analysis indicates that zebrafish are most appropriately used as a supplementary source of data within weight-of-evidence and NAM-oriented strategies, particularly in early-stage hazard screening and the mechanistic understanding of the effects of new bioactive substances. In line with international trends and the harmonization of the national regulatory framework with EU requirements, the findings suggest that zebrafish embryos represent a valuable research and development tool, but not a substitute for validated methods that form the basis of regulatory safety assessment of cosmetic products.

COMPENSATION FOR NON-MATERIAL DAMAGE FOR MENTAL ANGUISH SUFFERED DUE TO UNLAWFUL DEPRIVATION OF LIBERTY AND WRONGFUL CONVICTION

Tanja Varađanin — 2026-04-09

Compensation for non-material damage for mental anguish suffered as a result of unlawful deprivation of liberty and wrongful conviction represents one of the forms of compensation for non-material damage. The Constitution of the Republic of Serbia directly guarantees the fundamental rights and freedoms of every person. Violation of an individual’s psychophysical integrity is prohibited. Everyone has the right to personal liberty and security (Article 27(1) of the Constitution of the Republic of Serbia). Deprivation of liberty is permitted only on grounds and in a procedure prescribed by law. In the event of unlawful deprivation of liberty or wrongful conviction, the injured party’s freedom and dignity—and consequently their reputation in society—are jeopardized. Although the presumption of innocence applies, the proceedings themselves constitute a source of discomfort and stress for the person against whom they are conducted. Such a person suffers mental anguish as a result of unlawful deprivation of liberty and wrongful conviction. In view of the foregoing, the aim of this paper is, on the basis of statutory regulation and relevant judicial decisions, to present general legal solutions in a more concise and systematic manner, as well as to outline the procedure for exercising the right to this type of compensation for non-material damage. The paper also seeks to clarify the subjective and objective circumstances that courts assess when determining the amount of compensation and the merits of the injured party’s claim for nonmaterial damage, and to point to inconsistent judicial practice that should be harmonized.

MEETING OF THE SHAREHOLDERS’ ASSEMBLY OF A JOINT-STOCK COMPANY – CHALLENGES OF ELECTRONIC COMMUNICATIONS

Mirjana Knežević — 2026-04-09

The development of electronic communications has created the preconditions for defining different, inherently alternative rules compared to the traditional rules of joint stock company law governing the convening and holding of shareholders’ assemblies. New methods of notifying shareholders of the shareholders’ assembly are being introduced, including the granting of electronic proxies for voting, as well as the participation of shareholders in the work of the shareholders’ assembly by electronic means. The rules defined in domestic legislation are harmonized with EU law and provide an adequate response to the needs of practice and to the new conditions and advancements in electronic communications in the field of convening and holding shareholders’ assemblies of joint-stock companies. The aim of this paper is to analyze certain issues in this area through an overview of the legislative framework and to highlight the positive effects of the application of electronic communications, such as efficiency, lower costs, and simplicity in the procedure for convening and holding assembly meetings. Examples from the current legal environment indicate the existence of virtual assembly meetings, which are not recognized by the Serbian Law on Business Companies. Possible directions for the further development of national legislation in this area include the introduction of virtual assembly meetings, while physical meetings should remain the rule and virtual meetings the exception that companies may use.

ALCOHOLISM AS A CRIMINOGENIC FACTOR IN CRIMINAL OFFENSES AGAINST PUBLIC TRAFFIC SAFETY

Anita Ilić Antanasijević — 2026-04-09

This paper analyzes alcoholism, that is, the consequences of alcoholism from health, social, and criminal law perspectives, bearing in mind that certain criminal offenses may be closely related to it. Accordingly, the paper presents the effects of alcohol as a criminogenic factor in criminal offenses against public traffic safety, providing an overview of the existing legal framework as well as judicial practice regarding the imposition of criminal sanctions for this offense. Criminal offenses against public traffic safety were selected for analysis due to their significance in the modern world, as well as the fact that today virtually everyone participates in traffic, either directly or indirectly, and may therefore appear as a perpetrator of such an offense or as its victim. Since the consequences of alcoholism can be multifaceted, it is necessary to examine and reassess this issue, particularly in judicial practice, while identifying potential problems encountered in its application.

SUBJECT MATTER AND NATURE OF LABOR DISPUTES

Sumeja Smailagić — 2026-04-09

This paper examines the legal framework and judicial practice concerning labor disputes in the Republic of Serbia, with particular emphasis on the application of the Labor Law (2005). It analyzes the fundamental concepts of the employment relationship, the conditions for its establishment, court jurisdiction, the typology of claims (constitutive, condemnatory, declaratory, and combined), and the substantive law nature of the preclusive period for filing claims. Special attention is devoted to exceptions concerning employees lacking legal capacity and cases involving incorrect legal guidance, in accordance with the principle in dubio pro laboris. Methodologically, the paper combines a normative analysis of the legislative framework with a critical review of the case law of the Supreme Court of Cassation and empirical examples, enabling the identification of key challenges and effective mechanisms for the protection of employees’ rights. The analysis indicates continuity in judicial practice both before and after the entry into force of the Labor Law (2005), emphasizing the balance between legal efficiency, the protection of employees’ interests, and the legitimate interests of employers. The conclusions underscore the importance of integrating theoretical and practical aspects of labor law, the necessity of improving institutional and preventive mechanisms, and the role of judicial practice in safeguarding legal certainty and the stability of employment relations. The paper contributes to a deeper understanding of the complexity of labor disputes, the application of the principle of preclusion, and the effective protection of employees’ rights, providing a basis for enhancing legal practice and fostering a secure and stable working environment.

LEGITIMACY AND LEGALITY OF REVOLUTION IN THE THEORETICAL THOUGHT OF EDMUND BURKE

Predrag Terzić — 2026-04-09

Within legal doctrine, a longstanding debate has persisted as to whether revolution may be regarded as a legitimate and lawful means of altering state authority. From the perspective of a democratic constitutional order, revolution constitutes a violent change of state authority; however, within certain ideological frameworks, it is perceived as an instrument for transforming authoritarian regimes. Historical experience demonstrates that while some revolutions have constituted the only “effective” remedy against autocracy, others have served merely as a means of its establishment. The French Bourgeois Revolution and the October Socialist Revolution represent the opposing poles of these interpretations. Each, in its own manner, revealed both positive and negative consequences, as they were ultimately betrayed by their leaders, who appropriated them for their own ends. This study employs a range of scientific methods—most prominently historical, comparative, inductive, and hypothetico-deductive—in pursuit of an integral approach aimed at highlighting the importance of Edmund Burke’s theoretical thought. It should not be overlooked that the distinguished Serbian legal theorist Slobodan Jovanović devoted particular attention to this author, especially in the context of examining revolution as a means of violently replacing one political order with another.

LEGAL CHALLENGES OF DIGITAL ASSETS – NORMATIVE FRAMEWORKS AND DEVELOPMENT PERSPECTIVES

Milan Jevtić — 2026-04-09

Digital assets have become a significant and indispensable part of the modern financial system and have brought innovations in the areas of payments, investments, and financial intermediation. However, their expansion brings numerous regulatory challenges, particularly with regard to preventing money laundering, user identification, the legal treatment of decentralized finance, and privacy protection. Approaches to the regulation of digital assets vary significantly among jurisdictions – while some countries introduce comprehensive legislation, others apply restrictive or fragmented policies. Serbia has positioned itself as one of the first countries in the region to adopt a specific Law on Digital Assets (2020), thereby establishing a regulatory framework for this market. This paper analyses the legal challenges of digital assets, exploring national and international regulatory approaches, including the European Union’s MiCA Regulation. It also examines the need to strike a balance between fostering innovation and ensuring the stability of the financial system. The key finding is that continuous international cooperation and a flexible regulatory framework are necessary to enable the sustainable development of digital assets and the technologies that support them.