Law - Theory and Practice

LABOR LAW REGULATION OF MATERNITY PROTECTION IN SERBIA AND THE CRIMINAL-LAW TREATMENT OF VIOLATIONS OF RIGHTS ARISING FROM EMPLOYMENT AND SOCIAL INSURANCE

Dejan Logarušić — 2026-07-11

The rights to special protection of maternity, maternity leave, and leave from work for the purpose of childcare, as well as for the special care of a child or another person, are regulated by labor law provisions and are grounded in constitutional norms. The purpose of these provisions is reflected in the protection of the best interests not only of the mother, and not only of the child, but of the family as a whole. In addition to a theoretical analysis of the protection of women at work and in connection with work, as well as the right to work, this paper, through the application of a normative methodological approach, also presents the statutory standards relating to maternity protection, maternity leave, and leave from work for the purpose of childcare or special care of a child or another person. Furthermore, the paper addresses the fundamental issues concerning the criminal-law treatment of violations of rights arising from employment and social insurance rights, which are considered the basic incrimination within the entire chapter.

ROMAN LAW FOUNDATIONS OF THE MODERN INSTITUTION OF PERSONAL SERVITUDES

Nenad D. Stefanovic — 2026-07-11

Although servitudes did not originally emerge in Roman law, but much earlier, Roman law laid the legal foundations for this institution, as well as for the majority of legal institutions that, through the influence of Roman legal history and tradition, were subsequently received into modern legal systems, including the contemporary legal system of the Republic of Serbia. Following the division of the Roman Empire, Serbia relied politically, culturally, religiously, and legally on its eastern part, the so-called Eastern Roman Empire, better known as the Byzantine Empire. Although medieval Serbian law was initially archaic and predominantly customary in nature, through the reception of institutions from Byzantine law, servitudes gradually found their place within the legal system of medieval Serbia. A major milestone in the reception of Roman law institutions was the enactment of the Serbian Civil Code of 1844, through which traditional Roman law institutions were implemented indirectly via the Austrian Civil Code. Contemporary Serbian law continues its course under the sails of Roman law and, as such, belongs to the family of continental European legal systems, whose origins, spirit, and tradition are rooted in the Roman state and legal heritage. In this manner, the Roman Empire, as the cradle of modern civilization, continues to live on today through its legal institutions. Roman law recognized two forms of servitudes: predial (land) servitudes and personal servitudes. By employing historical, analytical, and comparative methods, the co-authors aim to present the historical development and significance of the institution of personal servitudes from the period of Roman law to contemporary legislative solutions, with the purpose of emphasizing the universality of the Roman legal legacy.

THE ETHICS OF FAMILY RELATIONS IN CONTEMPORARY SERBIA AND THE INFLUENCE OF THE SERBIAN ORTHODOX CHURCH

Dalibor Krstinić — 2026-07-11

The contemporary family in Serbia is undergoing a complex process of transformation shaped by profound social, economic, and cultural changes. Processes of modernization, globalization, and secularization significantly affect traditional family roles and the ethical norms governing family relations. In this context, the Serbian Orthodox Church represents one of the key social actors seeking to preserve and transmit traditional moral values related to marriage, parenthood, and family solidarity. The subject of this paper is the analysis of the relationship between ethical norms, religious teachings, and the legal protection of the family in contemporary Serbia. The main research question is: To what extent and in what way does the Serbian Orthodox Church actually influence the ethics of family relations within the framework of a secular state governed by the rule of law? The specific contribution of the paper lies in its interdisciplinary approach, which connects ethics, sociology, religion, and family law, with the aim of demonstrating how the moral authority of the Church is exercised within the framework of the constitutional protection of the family and the value pluralism of contemporary society. The methodology is based on the analysis of relevant domestic and foreign literature, as well as on a critical examination of contemporary social processes in Serbia.

“CATCH ME IF YOU CAN!” – LEGAL STATUS OF DIGITAL ASSETS IN BANKRUPTCY PROCEEDINGS IN THE REPUBLIC OF SERBIA

Đuro Đurić — 2026-07-11

The very emergence of digital assets represents a revolutionary phenomenon in technology, economics, and law. Their regulation introduces into the legal system a new institute of property law, whereby digital assets, alongside things, rights, and legitimate expectations, become objects of property rights. Since digital assets represent a certain, although often fluctuating, asset value, and since the property of every person constitutes security for the settlement of creditors’ claims, it is important to ensure adequate protection of creditors’ rights and interests within the legal framework. This is particularly important in the context of collective settlement of creditors’ claims in bankruptcy proceedings. In 2020, the Republic of Serbia adopted a law regulating digital assets, their subject matter, issuance, trading, and pledging. Holders of rights relating to digital assets may be both natural and legal persons. Bearing in mind that Serbian legislation recognizes bankruptcy proceedings only in relation to legal entities, attention will be focused on the digital assets of legal entities as subjects of bankruptcy proceedings. It is in the interest of their creditors to achieve successful settlement of claims against the debtor’s assets. The authors of this paper analyze the reform of Serbian legislation in this high-tech field and point to possible shortcomings in the treatment of digital assets in bankruptcy proceedings and in the protection of creditors’ claims. They also recommend further development of the regulatory framework governing digital assets, including the professional training of relevant judicial professions. This paper employs the normative method, comparative law method, and statistical method.

THE IMPACT OF GLOBALIZATION AND DIGITALIZATION ON THE OPERATIONS OF SMALL AND MEDIUMSIZED ENTERPRISES – ECONOMIC CHALLENGES AND LEGAL REGULATION

Maja Kovačević — 2026-07-11

The subject of this research is an analysis of the impact of globalization on the operations of modern enterprises, with particular emphasis on small and medium-sized enterprises (SMEs) striving for internationalization, with the aim of providing a comprehensive and systematic overview of the influence of globalization on the transformation of corporate competitiveness in the context of digitalization and the expansion of digital platforms. The paper identifies critical transition points towards proactive business models, accompanied by a detailed analysis of the associated risks and the regulatory frameworks necessary for overcoming them. The research indicates that, under conditions of intensified global competition, companies must continuously innovate and employ modern information and communication technologies in order to achieve a sustainable competitive advantage through overcoming geographical barriers and efficient resource management. The paper also provides an overview of the legal regulations in the European Union and the Republic of Serbia that are relevant to the development of the modern SME sector, particularly in light of the impact of digitalization on the operations of economic entities. The research results highlight the importance of timely alignment of SME operations with innovative market trends, which are closely followed by national legal regulations harmonized with the regulatory framework at the level of the European Union.

LEGAL FRAMEWORK AND STANDARDS OF GOOD PHARMACY PRACTICE IN PHARMACEUTICAL WASTE MANAGEMENT

Jovana Cicmil — 2026-07-11

Recognizing the importance of proper pharmaceutical waste management is of utmost significance from several different perspectives. Pharmaceutical waste may pose a potential problem for all types of healthcare institutions. It is not limited to expired medicines, but also includes various types of packaging containing traces of toxic substances, protective equipment, instruments used in the administration or preparation of medicines, as well as veterinary medicinal products. Naturally, different types of pharmaceutical waste carry different types of risks. It can be said that many chemical substances primarily used in healthcare may become a risk to human health and may adversely affect the environment if handled improperly. Following the conceptual definition of medical and pharmaceutical waste and an overview of their characteristics, the paper analyzes the legal framework governing the treatment of pharmaceutical waste in Serbia and also provides an overview of the standards of good pharmacy practice in pharmaceutical waste management.

CRIMINAL-LAW PROTECTION AGAINST DISCRIMINATION IN THE REPUBLIC OF SERBIA

Jelena Matijašević — 2026-07-11

Discrimination represents one of the most severe forms of violation of human rights. Rules prohibiting discrimination are contained in numerous international human rights instruments, while states have enacted laws explicitly prohibiting discrimination and providing protection against it. In accordance with international instruments, as well as constitutional and statutory provisions, it may be concluded that the prohibition of discrimination constitutes a fundamental principle of every democratic society. The legal system of the Republic of Serbia provides various forms of civil-law, criminal-law, misdemeanor, and constitutionalcourt protection against discrimination. Criminal-law protection against discrimination in Serbia is regulated by the Criminal Code (2005), which prescribes a number of criminal offences related to the prohibition of discrimination, as well as offences containing elements of discrimination, thereby providing protection in cases of discrimination and violations of the principle of equality. Many unlawful acts prescribed as criminal offences by the Criminal Code originated from the criminal offence of violation of equality. For this reason, this incrimination is considered fundamental within the corpus of criminal offences protecting the equality of citizens and, accordingly, it constituted the subject of analysis in this paper. Nevertheless, it should be emphasized that the criminal-procedural response to the problem of discrimination, in comparison with other forms of protection, is of a secondary nature, as may be concluded from the overview of the presence of the criminal offence of violation of equality in the practice of judicial authorities in the Republic of Serbia.

THE RELATIONSHIP BETWEEN THE PROHIBITION OF DISCRIMINATION AND THE PROHIBITION OF HARASSMENT AT WORK AND DURING RECRUITMENT

Sanja Škorić — 2026-07-11

This paper analyzes the relationship between the prohibition of discrimination and the prohibition of harassment at work and during recruitment within the framework of contemporary labor law. Since the prohibition of discrimination is broadly conceived from a legal perspective, and must be applied across all areas of the socio-political and economic system, the paper examines certain aspects of the prohibition of discrimination and some of the possible grounds for unequal treatment of particular categories of persons, namely employees and job applicants. It is precisely in this area that the prohibition of discrimination and the prohibition of harassment significantly overlap, and although they constitute distinct legal institutions, they share a common objective—the protection of employees’ dignity at work and in connection with work, as well as the principle of equal treatment for all. The paper provides an overview of the relevant legislation of the Republic of Serbia, theoretical interpretations, and a comparative legal analysis of solutions adopted in European Union law and international law. Special emphasis is placed on the practical aspects of the overlap between discriminatory and harassing conduct, as well as on the importance of addressing these issues and implementing preventive mechanisms by employers in order to create a safe and dignified working environment.

THE ROLE OF SPORT IN THE INTEGRATION OF IMMIGRANTS

Blanka Mateša — 2026-07-11

The topic of this paper is highly relevant and of great importance. There is a large number of immigrants worldwide, particularly in Europe, and it is necessary to identify mechanisms that will ensure their successful adaptation to the society into which they have immigrated, both for their own benefit and psychological well-being and for the benefit of society as a whole, including legal certainty and the rule of law. Therefore, this topic requires a multidisciplinary approach, and the authors of this paper are experts in the fields of psychology and law. The aim of the paper is to examine whether and to what extent sport can contribute to the integration of migrants into the host society, particularly in terms of their social inclusion, connection with the local community, reduction of social distance, and development of a sense of belonging. The paper analyzes the psychological role of sport in the integration of migrants, drawing on European research as well as specific Croatian examples, such as Filipino basketball and Indian cricket initiatives, which foster social connectedness, resilience, and cultural adaptation. Various scientific methods have been applied in the paper, particularly the inductive and deductive methods; the methods of analysis and synthesis, abstraction and concretization, generalization and specialization; the methods of proof and refutation, classification, and description; as well as the historical, compilation, and comparative methods. The paper concludes with findings that confirm the proposed hypothesis.

PARTICULAR EXAMPLES OF FEDERAL BICAMERALISM AND CONSTITUTIONAL SOLUTIONS IN BOSNIA AND HERZEGOVINA

Darko Golić — 2026-07-11

Every form of bicameralism contains certain specific features, as it reflects the particular characteristics of a political community and the interests within it that need to be institutionally expressed. This paper examines distinctive examples of cooperative federal and consociational models (Germany and Belgium), which effectively reflect a higher level of constitutional complexity. However, the primary focus is placed on the constitutional solutions in Bosnia and Herzegovina, as an atypical case. Bosnia and Herzegovina continues to represent a state with significant potential for political conflict, while the constitutional balance conditioned by its complex ethnic structure is still faced with serious legal and political challenges. The aim of the paper is to point to the specificity and rationale of these solutions, as well as to deviations from, or differences in relation to, standard models. Balancing various interests, i.e. preventing majorization, in a state that has undergone both dissolution and aggregation and that possesses a greater conflict potential than other states, requires such a complex mechanism. Nevertheless, the necessary complexity of the mechanism must be accompanied by an appropriate political culture – a lasting commitment to achieving agreement among the constituent peoples.

INDIVIDUALIZED RISK ASSESSMENT OF RADICALIZATION IN CRIMINAL JUSTICE SYSTEMS – A LEGALFORENSIC APPROACH

Olga Tešović — 2026-07-11

The phenomenon of radicalization represents a growing challenge for contemporary criminal justice systems, particularly in light of the increasing overlap between criminality and violent extremism. This paper examines the need for an individualized approach to assessing the risk of radicalization within criminal justice systems and their legal frameworks. The main objective of the study is to analyze existing criminal justice mechanisms and assess whether they are adequate for identifying and evaluating the risks posed by individuals involved in extremist activities. The research is based on a qualitative analysis of relevant academic literature, international documents, and selected risk assessment tools used in the context of violent extremism. Particular attention is devoted to the role of the prison environment as a setting in which processes of radicalization may develop, but also be prevented, as well as to the limitations of existing standardized assessment instruments. The findings indicate that current legal approaches often fail to ensure sufficient integration of multidisciplinary knowledge, particularly in the field of risk assessment. The paper argues that the involvement of court-appointed experts in the assessment process could significantly improve the accuracy and reliability of judicial decision-making. The main contribution of this paper lies in identifying the key components of an integrated legal-forensic model of individualized risk assessment, combining legal, psychological, and security dimensions. Such an approach may enhance both preventive capacities and the protection of fundamental rights within criminal justice systems.

CONSERVATION OF PROTECTED AREAS AND THE SUSTAINABLE DEVELOPMENT OF RURAL TOURISM – CHALLENGES IN BUSINESS LAW REGULATION

Milica Rašević — 2026-07-11

Rural areas possess natural capacities for tourism development and an authentic tourism offer, the value of which has been increasingly recognized by a growing number of tourists in recent years. This paper focuses on a more precise definition of the concept of rural tourism, the concept of sustainable development, the legal treatment of the protection of natural assets and the parameters that define them more closely, as well as on clarifying the mutual influence and interdependence between the environment and rural tourism. A significant characteristic of rural tourism is certainly the aspiration to minimize the impact on the ecological elements of the areas visited by tourists. This principle is particularly important in situations where the tourism offer includes protected natural values and protected natural areas. An increasingly popular aspect of tourism offers includes the consumption of domestic, indigenous products, as well as familiarization with the customs and culture of the local population. It is clear that such forms of tourism are associated with visits to protected natural areas. What is of paramount importance in such situations is the existence of environmental awareness among all participants, as well as the preservation of protected areas and a healthy environment, as a necessary starting point for the development and improvement of tourism in general, and rural tourism in particular.

CHILD ABUSE AND NEGLECT – PREVENTION AND CRIMINAL LAW RESPONSE

Zoran Pavlović — 2026-07-11

Child abuse and neglect are phenomena that have been at the center of public and professional debates on the protection of children’s rights over the past several decades. The introductory part of the paper provides a conceptual definition of abuse and neglect, addresses the determination of age limits in relation to children, and examines the effects that abuse and neglect have on children. The second part discusses various approaches to identifying the modalities of child abuse and neglect, including the standard of gross neglect. The third part focuses on preventive activities and provides an analysis of the advantages and disadvantages of home monitoring of a child’s family from (pre-)birth. The criminal law response to child abuse and neglect is accompanied by a research component in which the author analyzes available official statistical data and draws conclusions regarding the overall number of criminal offences involving child abuse and neglect. The paper also offers suggestions for possible improvements in the field of prevention and reviews collected judgments, as well as the difficulties associated with assessing insufficiently valid data for drawing more general conclusions. The concluding discussion presents proposals for improving the current state of child protection from violence, particularly through preventive measures, trained professionals, and the establishment of a comprehensive system for protecting children from victimization.