Pravo - teorija i praksa

SOME REMARKS ON THE CULTURAL IDENTITY OF BUNJEVCI IN VOJVODINA

Dragana Ćorić — 2024-12-31

This paper presents some remarks on the cultural identity of the Bunje people or Bunjevci, a national group that has historically undergone a long and difficult journey in preserving their identity. Their struggle – challenging their very existence and fighting for a “rebirth”, including their re-recognition and the restoration of the rights they have held since their arrival in these regions in the 17th century – warrants a place in academic discourse. Although the Bunjevci have been recognized both as a nation and as significant contributors to numerous social and political events since their settlement in these areas, their existence was completely erased by a political decision in Serbia in the mid-20th century. This paper briefly outlines the key elements of the cultural identity of Bunjevci, which sustained them during a period of figurative exile. These include their origin, language, education, and customs, with particular emphasis on their role in some crucial historical events for Serbia. Each of these aspects deserves greater attention, and through this work, we express the need for deeper exploration of these elements, in order to support the Bunjevci in maintaining their permanent status as a national minority.

DIGITAL EVIDENCE IN CRIMINAL PROCEEDINGS – CHALLENGES AND SOLUTIONS

Jelena Matijašević — 2024-12-31

In the last decade, digital evidence in criminal proceedings has become a key tool in modern forensic investigation, with the help of which it is possible to identify, analyze and verify information that can be crucial for making a decision in court proceedings. Digital data, through the perception of various forms of electronic records, are increasingly becoming the basic evidence in criminal cases, and because of this, no distinction is made between existing material evidence and modern digital evidence. In this research, the importance of digital evidence, its advantages and challenges in collection and processing, as well as the legal and ethical aspects of its use in criminal proceedings were pointed out and indicated. The importance of the methodological approach in the forensic analysis of digital evidence was also pointed out, all in order to achieve the admissibility of digital evidence before a criminal court. The challenges and opportunities presented by this evidence are drawn throughout the research and pointed out. The hypothesis of this research is contained in its title and refers precisely to controversial issues and the legislative application of digital evidence in criminal proceedings. The aim of the work is to consider this topic by looking at the new regulation and directive that have been passed and will only be adopted in 2026, but in principle to consider the issue of digital evidence through practice because this topic remains crucial for the further development of the judicial system in the digital age. During the writing of this research, an analytical method was used in order to consider the legislation of the European Union, and make a comparison with the domestic legislation. Then, the normative method was used when considering the criminal procedure and defining digital evidence, and certainly the deductive method was also used.

INTERNAL AUDIT AS ONE OF THE KEY FACTORS OF EMPLOYEE ACCOUNTABILITY IN PUBLIC ADMINISTRATION

Jovana Anđelković — 2024-12-31

Internal audit is one of the key mechanisms of good governance, which contributes to increased accountability, with auditors serving as specific guardians of the lawful and proper functioning of an organization. The goal of establishing internal audit is to improve the efficiency and effectiveness of the organization’s operations. This paper presents the research findings on the most common irregularities in the work of internal auditors within the public sector. The paper aims to identify the most frequent types of irregularities in the work of internal auditors and highlight the importance of establishing internal audit in public administration as one of the key factors of accountability and proper organizational functioning.

INTERACTIONS BETWEEN REGULATIONS, LAW, NEW TECHNOLOGIES, AND ORGANIZATIONAL POLICIES IN FINANCIAL FRAUD DETECTION – A CASE STUDY OF SERBIA

Aleksandar Đorđević — 2024-12-31

Digitization has led to the emergence of increasingly sophisticated forms of financial fraud, necessitating more advanced and integrated approaches for their rapid detection and prevention. This challenge prompted the authors to examine relevant literature and analyze current policies and measures for detecting financial fraud within the digital environments of organizations, with the aim of enhancing proactive prevention strategies. To this end, an online empirical survey was conducted with 118 executives and managers from Serbia during the first half of 2024, supported by the Association of Employers of Serbia and the Association of Managers. The research focused on the impact of new technologies, particularly AI, on the regulations and organizational policies related to financial fraud detection. Qualitative research, which utilized 12 predefined statements within each impact group using a five-point Likert scale, provided insights into the actual experiences and perspectives of participants concerning financial fraud as a distinct business, social, and economic issue. Multiple correlation approaches were employed to analyze the data. The outcomes suggest that all analyzed factors contribute to addressing financial fraud, with new technologies – especially those based on artificial intelligence – and corporate policies and strategies playing significant roles. Conversely, regulations have a lesser impact, attributed to their correctness, implementation, and enforcement. These findings enhance the understanding of the significance of taking a comprehensive approach to combating fraud, corruption, and financial crime, and highlight the roles of continuous technological advancements, employee digital education, and enhanced communication with the public and investors in building trust and maintaining a company’s reputation.

SOCIO-DEMOGRAPHIC CHARACTERISTICS OF TRAFFIC OFFENDERS

Aleksandra Petrović — 2024-12-31

The human factor is regarded as the most significant element in traffic safety. Its complexity and impact on delinquent traffic behavior bring this issue into focus, especially in developing countries. In criminological studies of the causes of traffic delinquency, it is crucial to identify the personality traits of traffic participants that lead to behaviors deviating from socially desirable norms. In other words, it is necessary to point out those characteristics of traffic participants (personality traits, demographic characteristics, attitudes, habits) that contribute to socially deviant behavior and the commission of traffic offenses. The importance of studying these characteristics lies in their application to find adequate measures to influence the behavior of traffic participants and prevent traffic delinquency. This paper analyses the socio-demographic characteristics of traffic offenders in the Republic of Serbia (age, education level and marital status), based on statistical data on traffic offenses for the period 2010- 2019. These characteristics are essential for understanding the social and demographic structure and specific social peculiarities of traffic offenders. Numerous studies have shown that socio-demographic characteristics are significantly positively correlated with safe road user behavior. The results of this research on the socio-demographic characteristics of traffic offenders in Serbia for the period 2010–2019 confirm this conclusion, which is presented in this paper.

SPECIAL OMBUDSMEN WITH REFERENCE TO THE POSITION OF THE COMMISSIONER FOR INFORMATION OF PUBLIC IMPORTANCE AND PROTECTION OF PERSONAL DATA

Milan Rapajić — 2024-12-31

In addition to the expansion of general-type ombudsmen, it has been recognized that, for the protection of citizens’ rights, it is necessary to have the so-called specialized ombudsmen, who focus their activities on administrative oversight and the protection of citizens’ rights in specific areas of social life. Thus, there are public law ombudsmen of an external type, internal ombudsmen, and private law ombudsmen. This paper pays particular attention to the position of the Commissioner for Information of Public Importance and Protection of Personal Data in the Republic of Serbia, who is, in fact, a special public law ombudsman of an external type. The paper discusses this special ombudsman’s complex jurisdiction, which is defined by the Law on Free Access to Information of Public Importance and the Law on Personal Data Protection. The authors analyze the competences of this special type of ombudsmеn.

AVAILABILITY TIME AND THE RIGHT TO COMPENSATION OF VEHICLE CREW IN ROAD TRANSPORT

Velisav Marković — 2024-12-31

The working hours of vehicle crews in road transport are regulated by a special jurisdiction – ratione personae. The Law on Working Hours of Vehicle Crews in Road Transport and Tachographs addresses the working hours of vehicle crews differently than the general labor relations framework. A significant difference is that availability time is not considered working time. During availability time, a crew member is entitled to appropriate compensation, as defined by labor regulations, specifically those governing salaries and based on availability time. In this paper, the authors, using the normative and comparative law method, examine the concept and legal nature of availability time for crew members in both domestic and comparative law, as well as the right to compensation for availability time. The authors also propose a more comprehensive regulation of the right to compensation based on availability time.

DIGITAL PROPERTY – SPECIFIC ISSUES IN THE APPLICATION OF PRIVATE INTERNATIONAL LAW RULES

Jelena Stojšić Dabetić — 2024-12-31

Digital property emerges as a new segment of property law, while simultaneously being a consequence of the digitalization of financial intermediation and representing a form of technological innovation that substitutes payment services and investments in the banking and stock markets. Key issues that arise include the choice of governing law, internationally competent courts, and the recognition and enforcement of foreign court and arbitration decisions related to transactions in cryptocurrencies, which are the most widespread form of digital assets. This paper is designed to highlight the specific features of digital property that are important for the application of existing private international law (PIL) rules. It does not focus on a specific legal system, but rather situates the analysis within PIL as a branch of legal science with its own regulatory postulates, which are largely harmonized across legal systems. The aim of the paper is to see the scope of the possibility of applying traditional institutes of international private law to digital property as a legal and regulatory novelty that stands between property or things and rights or financial instrument. By synthesizing core issues that emerge in application of private international law rules to digital assets, we aim to provide a comprehensive understanding of regulatory challenges which encompass digital assets’ role in modern law and economies.

REFERENCE TO THE COMPETENCE AND SPECIALIZATION OF AUTHORITIES FOR THE PROSECUTION OF PERPETRATORS OF HIGH-TECH CRIMINAL OFFENSES

Joko Dragojlović — 2024-12-31

With the development of technology, especially the emergence and expansion of the internet over the past two decades, many traditional crimes have acquired new methods and means of execution, such as the use of computers, mobile phones, or other devices. In response to these new ways of committing crimes, the international community, within the framework of the Council of Europe, adopted the Budapest Convention in 2001, specifically addressing cybercrime. After ratifying the convention, the domestic legislator passed the Law on the Organization and Competencies of State Bodies for the Fight against High-Tech Crime, incorporating legal provisions from the convention. This law has not been significantly changed or amended since its adoption. However, the provisions in this law, especially in terms of jurisdiction, have proven to be inadequate and overly broad. The wide range of criminal offenses covered by this law has made it relatively ineffective and has overburdened the prosecutor’s office responsible for prosecuting high-tech criminals. Moreover, the approach taken by the legislator in 2005, which concentrated jurisdiction in the High Public Prosecutor’s Office and the High Court in Belgrade, is no longer justifiable in today’s age of widespread technology, internet access, and social networks. This paper aims to provide a brief overview of the Budapest Convention, which served as the foundation for the adoption of national regulations, and to highlight the shortcomings and unsustainability of the legal solutions proposed by the domestic legislator when national regulations in this field were established in 2005.

LIABILITY OF ONLINE PLATFORMS FOR CONTENT MODERATION FROM THE PERSPECTIVE OF THE EUROPEAN COURT OF HUMAN RIGHTS – CHALLENGES AND RECENT DEVELOPMENTS

Marijana Mladenov — 2024-12-31

While not a novel phenomenon, online platforms have gained significant economic and societal importance over the past decade, and the public discourse around their responsibilities and liabilities has reached an exceptional level. Online platforms significantly contribute to facilitating the exchange and access to information, enabling the widespread distribution of all types of content, regardless of their legality. The regulation of content on online platforms undoubtedly impacts the protection of human rights, particularly freedom of expression, which has led the European Court of Human Rights (ECtHR) to establish important criteria through its jurisprudence. To understand the implications of the ECtHR’s case law, it is important to briefly present the concept of platform liability within the European legal framework, which is outlined in the opening section of the paper. In the subsequent part, the authors analyze the relevant ECtHR jurisprudence. The aim of the paper is to clarify the main standards of the ECtHR’s approach to the human rights implications of online platforms’ liability for content moderation, while also potentially highlighting their limitations.

ANALYSIS OF THE APPLICATION OF ARTIFICIAL INTELLIGENCE IN SOCIAL WORK TEACHING

Milena Galetin — 2024-12-31

The application of artificial intelligence (AI) in education is inevitable, as in all other segments of modern society. Since this is a process that cannot be ignored or avoided, the focus should be on ensuring its effective implementation. This approach maximizes its benefits while minimizing the associated risks. This paper explores the perspectives of students and teaching staff on the use of AI in social work education at HE institutions in the Republic of Serbia, in which these programs are accredited. The paper is structured into three sections. Following the introduction and theoretical analysis, the second section presents the findings of empirical research conducted using a specially designed survey questionnaire targeting the mentioned groups. In the final section, the authors provide conclusions and recommendations for enhancing the application of AI in (higher) education.

PRESCRIPTION OF THE CRIMINAL OFFENSE IN THE LAW

Ivan Joksić — 2024-12-31

The prescription of a criminal offense in the law is one of the constitutive elements of a criminal offense. In addition to being legally justified, this element represents a logical method of incriminating specific behavior as a criminal offense. It legally embodies the well-known Latin legal saying nullum crimen, nulla poena sine lege, which in translation means there is no crime or punishment without the law. The necessity of prescribing a criminal offense in the law is rooted in legal certainty, which is unattainable without prior knowledge and a clear distinction between permissible and prohibited (incriminated) behavior. Although it has a distant origin, the prescription of a criminal offense in law has often become a convenient tool for political manipulation, particularly through the criminalization of verbal delicts or other offenses against the people and the state. Stricto sensu, authoritarian regimes have applied this principle to secure the appearance of legitimacy and legality for their rule. Consequently, it is essential to examine the prescription of criminal offenses in the law from the perspective of our legislator.

THE SELLER’S LIABILITY ARISING FROM THE CONTRACTUAL RELATIONSHIP REGARDING MATERIAL DEFECTS OF GOODS UNDER ARTICLE 479 OF THE LAW ON OBLIGATIONS

Tanja Varađanin — 2024-12-31

The seller’s liability for material defects in goods is an important institute in contract law. We witness the daily execution of legal transactions. Although the sale contract of sale is a named contract, it remains in the process of development, especially with the increasing prevalence of online sales. Due to frequent disputes between sellers and buyers, the questions of defining the seller’s liability – in what scope, in what manner, and within what deadlines – are of exceptional importance for legal practice, as well as for every individual. Therefore, the main subject of this paper is a detailed legal analysis of the seller’s liability for material defects in goods based on Article 479 of the Law on Obligations, 1978. The liabilities of the seller arising from the contractual relationship regarding defects in goods are examined critically, with a comparative analysis of this institute and solutions in other legal systems, particularly in countries of the region, i.e. neighboring countries.

ADMINISTRATIVE REFORM AND THE AGENCY MODEL OF PUBLIC ADMINISTRATION

Dejan Vučinić — 2024-12-31

Administrative reform in various countries is conditioned by various social, political, and economic factors. In this regard, we cannot talk about the same reasons for reform for every country. However, what is common to all cases is the crisis of state governance and the need to transform the existing system, reduce state interventionism, and increase efficiency and productivity. The terms “efficiency” and “productivity”, in the context of the state and its administrative system, take on a different quality and somewhat altered meaning compared to their usual context, as they are shaped by their connection to the public interest. The reforms implemented in the former socialist countries, however, have a different background. They are partly the result of aspirations for rapid economic progress and partly the outcome of mandatory changes required by the European Union. Without deciding which of these reasons prevail, the author will discuss the reasons that brought about the need for new models of public administration. These models aim to overcome the crisis of state governance, focusing particularly on the agency model of public administration, which, as a trend, has been widely adopted in many countries. This model of public administration has also been extensively applied in the case of administrative reform in the Republic of Serbia. Considering their role and prevalence, it can be said that this represents a unique model of public administration reform.This model of public administration has been commonly applied in the case of administrative reform in the Republic of Serbia. Considering their role and number, we can say that it is an authentic model of public administration reform.