Pravo - teorija i praksa

COMPARATIVE LEGAL REVIEW OF STATUTORY PROVISIONS ON THE EVIDENTIARY MEASURE OF TEMPORARY SEIZURE OF OBJECTS

Anja Koprivica — 2025-12-31

Temporary seizure of objects represents an evidentiary measure in modern criminal procedural law, aimed at securing items that may be of significance for proving facts in criminal proceedings. This evidentiary measure is prescribed by the Criminal Procedure Code of the Republic of Serbia. Its specific characteristic lies in the fact that it may be undertaken independently or within the execution of other evidentiary measures-most commonly during on-site inspections and searches-when items are also temporarily seized. This evidentiary measure holds an important place in ensuring the principles of a fair and efficient criminal procedure, as it enables the collection and preservation of material evidence essential for establishing facts in the course of criminal proceedings. The validity of this procedural action must be accompanied by a certificate of the temporarily seized items, which is issued to the person from whom the items are taken and represents its formal element. It is also of particular importance that the seized items be individually listed and described, both in the certificate and in the official record of the evidentiary action, which is prepared by the authorized officials during its execution. This paper analyzes the evidentiary measure of temporary seizure of objects within the criminal procedural law of the Republic of Serbia, with the aim of emphasizing its significance. In addition, through a comparative review of legal solutions in Austria, the Federal Republic of Germany, and the Russian Federation, the paper examines different approaches to regulating this measure. The analysis includes the conditions and procedures for its application, the legal position of the person from whom the objects are seized, as well as the process of returning temporarily seized items.

MODUS OPERANDI AS AN ANALYTICAL TOOL IN CRIMINAL PROFILING

Željko Bjelajac — 2025-12-31

In contemporary criminology, modus operandi represents one of the key tools for understanding, reconstructing, and predicting criminal behavior. This paper examines modus operandi not only as a technical pattern of crime execution but also as an analytical instrument within the framework of criminal profiling. Special emphasis is placed on the principles and elements of modus operandi, its evolutionary nature, the analysis of modus operandi in investigative practice, the challenges of its application, and the relationship between modus operandi and the offender’s motives. Through qualitative content analysis, case studies, and comparative methodology, the research identifies ways in which modus operandi is used to recognize behavioral patterns, connect multiple criminal acts, and narrow the circle of suspects. The paper also highlights practical challenges in applying modus operandi, including behavioral variability, deliberate deception of investigators, and emphasizes the distinction between the functional modus operandi and the offender’s signature—a unique element that fulfills emotional and psychological needs. The results indicate that modus operandi, when properly interpreted, can have significant analytical and operational value in the process of criminal profiling. It is concluded that integrating modus operandi into forensic and investigative analysis is essential for a deeper understanding of crime dynamics, particularly in the context of serial offenses. At the same time, excessive reliance on modus operandi when analyzing crimes and creating offender profiles should be approached with caution due to the deceptive nature of criminal offenders.

THE RIGHT TO HEALTH IN THE CONTEMPORARY WORLD – THE APPLICATION OF ARTIFICIAL INTELLIGENCE FROM THE PERSPECTIVE OF HEALTHCARE PROFESSIONALS

Milena Galetin — 2025-12-31

The application of artificial intelligence has become inevitable in almost all areas of life and it is indisputable that it also affects different human rights. In the paper, the authors deal with the impact of artificial intelligence on the right to health, one of the basic human rights, and in this sense explore the attitudes of healthcare professionals regarding the application of artificial intelligence in this sector. In addition to empirical research and theoretical analysis, the most important legal documents related to the application of artificial intelligence in healthcare are presented. In the last part of the paper, the authors present concluding considerations and indicate further steps that should be taken in this sector regarding the application of artificial intelligence.

CIVIL LAW PROTECTION AGAINST DISCRIMINATION IN EMPLOYMENT AND RECRUITMENT

Dalibor Krstinić — 2025-12-31

Discrimination in the field of employment and recruitment constitutes a violation of personality rights guaranteed by civil law. In the Republic of Serbia, direct and indirect discrimination in employment relationships and during the recruitment process is prohibited, and injured parties have access to judicial protection under special anti-discrimination regulations as well as under the general rules of civil law. This paper analyzes the normative framework for the prohibition of discrimination in the field of labour, as well as civil-law protection mechanisms, with particular emphasis on the right of the injured party to claim compensation for non-pecuniary damage resulting from the violation of their rights. In light of Article 21, paragraph 4 of the Constitution of the Republic of Serbia: “Special measures introduced by the Republic of Serbia for the purpose of achieving full equality shall not be considered discrimination…” – socalled affirmative measures – the paper also presents the forms of judicial protection (actions for prohibition, removal of consequences, determination of discrimination, compensation for damages, etc.) and the conditions under which the injured party may seek equitable satisfaction. The paper relies on relevant judicial practice in Serbia, including decisions of the Supreme Court of Cassation, which confirm that discriminatory conduct constitutes a violation of honour, reputation, dignity, and other personal rights that enjoy judicial protection, both through claims for cessation of the violation and claims for damages. Despite progress in normative and institutional protection, practical challenges remain – from proving discrimination under special rules on the burden of proof, to inconsistencies in judicial practice regarding the awarding of non-pecuniary damages. Therefore, it is important to continuously improve the application of the law and awareness of the right to equal treatment in employment relationships, in order to ensure that civil-law protection against discrimination is effective and comprehensive.

PROPERTY RELATIONS BETWEEN PARTNERS IN NON-MARITAL AND SAME-SEX UNIONS

Uroš Novaković — 2025-12-31

By defining the concept of a non-marital union in the Family Law of the Republic of Serbia, the legislator highlights the key similarities and differences between non-marital and marital unions, particularly in terms of their formation and the evidentiary standards required to establish their existence—factors that directly impact the exercise of property rights. The authors’ intention is to present, through an analysis of broader scholarly literature and relevant judgments of the European Court of Human Rights, the nature and various approaches concerning property relations in nonmartial and same-sex unions. The study employs a comparative legal method, analysis of statutory provisions, legal doctrine, and case law. By examining relevant legislative provisions and judicial decisions, the aim is to assess the legal framework, identify challenges in its application, and explore potential avenues for extending the protection of these relations within the existing legal system, taking into account the practice of the European Court of Human Rights and the principles of non-discrimination.

CONTRIBUTIONS TO THE STUDY OF THE HISTORY OF FINANCIAL LAW IN ANCIENT ROME – THE REIGN OF EMPEROR DIOCLETIAN

Danko Špoljarić — 2025-12-31

Roman law, as the legal system that was in force for nearly thirteen centuries in Ancient Rome, did not disappear with the fall of the Roman state. Rather, in a more or less modified form, it became positive law in contemporary European states. The reception of Roman law, especially the fundamental institutions of private law (private ownership, freedom of contract, and freedom of testamentary disposition), forms the legal foundation of modern private law. A part of the Roman legal system is also public law (ius publicum) which deals with general state interests (Ulpian, Digest 1,1,1, 2). The purpose and aim of this research is Roman financial law, and the subject of the paper is the fiscal system during the reign of Emperor Diocletian. Through a comparative method of available sources and texts from relevant authors of Diocletian’s time and the period immediately after him (a smaller number), as well as scientific studies from the modern era (referring to the past hundred or more years), it is concluded that the public-law acts of financial law from that period were, in some of their solutions, far ahead of their time and are partially applicable even today.

ITEMS OF AFFECTIVE VALUE IN ENFORCEMENT PROCEDURE

Tamara Gajinov — 2025-12-31

Recognizing the particular significance certain possessions hold for their owners, this paper examines their status within the enforcement procedure in Serbia, especially in light of the core principle of safeguarding the debtor’s personal dignity. Over the past several decades, marked by dynamic socio-political shifts in the region, the treatment of items with affective value has evolved. Through a historical analysis of the list of exempted items and a comparative overview of normative solutions across the former Yugoslav republics, the authors identify several commendable legislative adjustments. Nonetheless, the overarching assessment suggests a degree of legislative backsliding: rather than fostering progressive, compassionate changes in the treatment of debtors, recent amendments have shown declining concern for not only economic and social factors but also the debtor’s professional, ethical, and emotional standing. As such, the current legal framework—focusing narrowly on the existential minimum—fails to adequately safeguard the dignity of debtors and their families, thus impeding the development of more humane enforcement practices in Serbia.

SENTENCING JUVENILE IMPRISONMENT

Ivan Joksić — 2025-12-31

Juveniles represent a sensitive category of delinquents, due to which they enjoy a special criminal-legal status. Their age necessitates different models of criminal-legal reaction in which educational measures dominate as the primary criminal sanctions. In exceptional cases, the legislator has prescribed possibilities for pronouncing a juvenile imprisonment sentence. This compassionate attitude towards juveniles stems from the fact that they are, as yet, psychologically and physically immature individuals. Hence, in literature, they are referred to as “delinquents in miniature” and “great criminals in waiting”. However, regardless of this “privileged” status, juveniles may be sentenced to juvenile imprisonment. Its specificity is reflected in the application of the principle of exceptionality in sentencing, a shorter duration, special general and specific rules for determining the sentence, as well as a special method of execution. The specificity of juvenile imprisonment particularly comes to the fore during sentencing. Special rules are applied here, with a simultaneous reference to the application of norms that relate to adults. Consequently, we consider it necessary to present the area of juvenile sentencing from the perspective of our legislator.

CHALLENGES TO COPYRIGHT ON THE INTERNET – COLLECTIVE MANAGEMENT OF COPYRIGHT AND BITTORRENT PLATFORMS

Stanislav Radulović — 2025-12-31

The development of information and communication technologies and the Internet has fundamentally changed the traditional concept of copyright and related rights, causing a crisis in its functioning. Forms of copyright inefficiency on the Internet are reflected in the fact that there is a factual impossibility for the author to effectively exercise and protect their copyright or related rights. The search for potential solutions is demanding and complex, ranging from the following efforts: to maintain the traditional concept of copyright and related rights, to implement a reform of the traditional system, to change it from the ground up, to the approach that copyright has no practical reach in the digital environment. BitTorrent platforms have recently become one of the most recognizable forms of copyright infringement in the Internet environment. Although we have witnessed many court proceedings aimed at preventing the activities of BitTorrent platforms on which unauthorized direct sharing of copyrighted content takes place, the expected results have not yet been achieved. In search of a potential solution, the research directed us towards collective management organizations, specialized entities that have the capacity to overcome certain challenges in the context of copyright inefficiency, particularly in relation to the unauthorized distribution of copyrighted content via BitTorrent platforms. The basic aim of this scientific research is to offer concrete proposals which, in the future, if implemented, could potentially represent a solution to part of the problem of the most common and widespread form of copyright inefficiency on the Internet.

INSTITUTE OF PROPERTY RIGHTS THROUGH A HISTORICAL PRISM

Vesna Rajaković Jovčić — 2025-12-31

The institute of property rights is one of the oldest legal institutes. It appears as a historically determined form of social relations that arises in connection with the appropriation and possession of material goods. Since its inception, it has been the subject of fierce battles, but also the subject of a person’s greatest factual and legal protection. However, property is not only a legal concept, but also an economic, social, ethical, and even a religious concept. The development of the institute of property is interwoven with turbulent changes, which reflect the direction of societal development and evolve in accordance with its needs. For this reason, the institute of property rights is the most suitable legal institute, through which social relations in different periods of society’s development are viewed. Therefore, in this paper we will analyze the institution of the right of ownership across several historical periods: Roman law, the era of feudalism, the bourgeois revolutions, as well as the modern age.

HISTORICAL DEVELOPMENT OF THE PRIVATIZATION CONCEPT IN SERBIA – EXPERIENCE AND CONCLUSIONS

Miloš Filić — 2025-12-31

Privatization is a process of crucial importance for the transformation of a planned economy into a market economy. Requirements and procedures for the change of ownership over social and public capital and assets in the Republic of Serbia were regulated by the Law on Privatization (2014). In conceptual terms, privatization is not a novelty, even though rules and legal regulations have changed, evolved and adapted to the needs of the economy and society. The paper analyzed the historical development of the privatization concept in Serbia, considering that it would be interesting to make an overview of the evolution of privatization from 1989 to 2001 and from 2001 to 2014, as well as the contemporary concept of privatization that was introduced in 2014. In terms of methodology, the paper was based on a theoretical analysis of relevant contemporary views, normative analysis of legislative sources and quantitative analysis of statistical indicators of various parameters of privatization effects from 1989 to the present day. The research was founded on numerical indicators and available data on contemporary theoretical–practical analyses of privatization development in Serbia. This comprehensive research encompassed the entire privatization process, from its initiation in 1989 to the modern concept introduced in 2014.

ADDRESSING WORKPLACE CYBERBULLYING – KEY CHALLENGES AND THE EVOLVING ROLE OF LABOUR LAW

Slađana Gligorić — 2025-12-31

The Fourth Industrial Revolution has made the use of internet technologies and digital tools standard components of modern workplaces, particularly among white-collar employees. Alongside these advancements, new forms of workplace misconduct have emerged, including cyberbullying. This phenomenon may be understood as inappropriate behavior – whether repeated or as a single act with enduring consequences – conducted through emails, messaging applications, social media, or other digital platforms, with the intent to harass, intimidate, or demean colleagues, subordinates, or workers in general. Unlike traditional „face-to-face” bullying, which requires direct interaction, cyberbullying transcends physical boundaries, taking place in digital environments both during and outside working hours. Its persistence makes it difficult to escape, often following victims through their devices and networks, thereby posing serious risks to health and overall well-being. The paper employs normative and comparative legal methods to examine existing legal provisions on workplace cyberbullying within selected jurisdictions, with the aim of identifying models of good legislative practice for improving Serbian labour law. Current Serbian legislation on the prevention of workplace harassment does not explicitly define or address cyberbullying, creating regulatory gaps that leave workers insufficiently protected. As the world of work increasingly shifts toward virtual and digital spaces, a holistic legal approach to the prevention of cyberbullying and the protection of affected workers becomes essential. Strengthening the normative framework is critical not only for safeguarding workers’ rights, but also for fostering a healthy and more sustainable working environment.

INTERNATIONAL PROTECTION BEYOND THE REFUGEE CONVENTION – ANALYSIS OF TEMPORARY AND SUBSIDIARY PROTECTION IN THE EU AND THE REPUBLIC OF SERBIA

Jovana Tosic — 2025-12-31

This article explores the discretionary application of temporary and subsidiary protection mechanisms in the European Union and the Republic of Serbia, set against the backdrop of intensifying global migratory flows. The analysis uncovers a pronounced selectivity in the approach to international protection, which is primarily shaped by political and security considerations. This is most evident in the divergent treatment: the automatic and selective granting of temporary protection is sharply contrasted with the individualized assessment required under regular asylum procedures, despite both situations involving mass influxes of refugees. Through a comparative examination of the EU and Serbian legal frameworks, the paper evaluates the key legal challenges and the scope of political discretion in safeguarding refugee rights. This inherent inconsistency calls into question the coherence of international refugee and human rights law, underscoring the urgent need for harmonized regional responses. By identifying legal inconsistencies, the ultimate goal of this paper is to formulate possible recommendations for future improvements and greater legal consistency in protection mechanisms.

RECIPROCITY AS A CONDITION FOR THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN THE PRIVATE INTERNATIONAL LAW OF SERBIA

Snežana Đurđević — 2025-12-31

In many national systems of private international law, reciprocity is still a condition for the recognition and enforcement of foreign judgments in civil and commercial matters. However, in the modern globalized economic and social context, where legal and natural persons enter into cross-border private law relationships and international transactions on a daily basis, the question is whether this condition is justified and necessary. Although many states have taken a more flexible approach to this issue in the last few decades, this condition still exists in the legislation of a certain number of states and is considered to be a major obstacle to the recognition and enforcement of foreign judgments. In the legislation of the Republic of Serbia, reciprocity is also one of the conditions for the recognition of foreign judgments. In order to be able to respond to the ever-increasing economic interest expressed through crossborder trade and investments, it would be desirable to consider amending our applicable legislation, as well as the Republic of Serbia’s acceding to the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments. Namely, it has entered into force recently and is aimed at giving a truly global significance to the unification of conditions for the recognition and enforcement of judgments. At the same time, this would also eliminate the problem of reciprocity in relations between the Republic of Serbia and states party to the Convention, both in terms of difficulties related to the procedure for its establishment and the recognition of judgments of the courts of the Republic of Serbia in the states requiring diplomatic reciprocity in this respect.

COP29 OUTCOMES AND PERSPECTIVES

Ana Lekić — 2025-12-31

The COP29 Conference, held in Baku in 2024, represents an important milestone in further advancing and implementing the Paris Agreement in the context of strengthening the global fight against climate change. Considering the not-so-favorable climate conditions and the rising climate crisis, COP29 represents a crucial point for identifying solutions and setting new goals. In that regard, the focus of the conference was aimed at new frameworks for financing climate change, relating to the enhancement of Nationally Determined Contributions (NDC), the adoption of a new collective financing goal after 2025, as well as support for developing countries. Observing the geopolitical situation, it is evident that numerous economic and political challenges can significantly affect the implementation of previously adopted solutions with particular implications for developing countries. Regarding the outcomes of the conference, COP29 has set new guidelines for global climate policy in relation to climate change, yet questions remain concerning its core implementation. The subject of research in this paper will be examining the development of the international climate regime through the prism of outcomes and challenges of implementation of the COP29 standards. Special attention will be devoted to analyzing the key expectations of the international community in the context of achieving the goals set through COP29.

FORMATION OF COOPERATIVE CAPITAL – CHALLENGES, LEGAL FRAMEWORK AND DEVELOPMENT POTENTIAL

Sonja Končar — 2025-12-31

A cooperative, as a specific form of business entity primarily focused on the joint realization of the aspirations of its members, holds a significant position in modern business flows, affirming itself as a relevant factor in the sustainable development of a social community. On a global level, cooperatives are faced with many complex challenges, among which the problem of securing adequate financial prerequisites for their functioning is especially emphasized. In that regard, the formation of cooperative capital as a basic financial resource intended for business operations, represents one of the key challenges in terms of survival and further development of the cooperative sector. Although different factors influence the availability of cooperative capital, legislative support represents a key determinant since the compliance of the legal framework with modern business tendencies and current practices within the formation of the cooperative capital area, as well as the level of its flexibility and efficiency in application, significantly determines the development potential of a cooperative. At the same time, this fact opens up space for critical consideration of existing legal solutions within the field. In this paper, we first analyze the modern business environment and the importance of cooperative capital formation, considering current solutions and development perspectives in this area. Subsequently, using a comparative method to examine the legal frameworks of Serbia and Croatia, the domestic legislation is critically assessed in the segment related to the formation of cooperative capital. The aim of this paper is: 1) to examine whether the existing model of cooperative capital formation within positive legislation enables a cooperative’s competitive market positioning and contributes to its sustainable development, and 2) to offer solutions through de lege ferenda proposals for improving the legislative framework in the field of financing cooperative business operations, in accordance with contemporary economic trends.