Pravo - teorija i praksa

ENFORCEMENT IN FAMILY RELATIONS – THE HANDING OVER AND TAKING AWAY OF A CHILD, WITH EMPHASIS ON THE ROLE OF THE GUARDIANSHIP AUTHORITY

Dejan Bukazić, Milan Počuča — Sun, 12 Oct 2025 00:00:00 +0000

The enforcement of court decisions in family matters is becoming increasingly important in the legal system of the Republic of Serbia, which is a direct consequence of the rise in divorces and the growing need to regulate parental relationships after the dissolution of marriage or extramarital unions. It is expected that these provisions of the Law on Enforcement and Securing of Claims will be applied more frequently in the future, which necessitates their detailed consideration and analysis. Special attention should be paid to the specific enforcement mechanisms used in these cases, as well as to the impact that the enforcement of court decisions has on the child, parents, and other family members. The best interests of the child must remain the key criterion in enforcement proceedings in family matters, especially in cases concerning child custody, the regulation of personal contact with parents, and child support. Although the Law on Enforcement and Securing of Claims has specifically regulated this area, numerous dilemmas arise in practice, especially regarding the relationship between the court and the guardianship authority. The specificity of this procedure lies in the fact that, in certain situations, the court becomes an auxiliary body to the guardianship authority, even though its traditional role is the opposite — to make decisions that administrative bodies implement. This legal solution raises certain practical concerns and requires further consideration. This paper aims to analyze the legal framework for enforcement in family relations through the provisions of Articles 368–381 of the Law on Enforcement and Securing of Claims, with a critical review of the challenges in their application. Through the analysis of judicial practice and a comparison with potential alternative enforcement models, the paper highlights possible directions for improving the system to ensure greater legal certainty, protection of the child’s rights, and efficiency of the enforcement procedure.

THE EMERGENCE OF DIGITAL IDENTITY AS A NEW LEGAL CONCEPT

Jelena Stojsic Dabetic, Predrag Mirković, Nina Aleksić Oliveira — Sun, 12 Oct 2025 00:00:00 +0000

With the development of modern digital society, the degree of interaction among subjects taking place in the digital space is increasing. This interaction is based on the use of personal data between subjects for the purpose of confirming and verifying their identity. The issue of applying personal identity in the digital space has created the reality of the de facto existence of digital identity as a new form of personal identification. Digital identity is an identity composed of information stored and transmitted in digital form. Therefore, the question arises as to how the new concept of personal identity, as digital identity, can be encompassed by legal rules in order to enable transactions. The authors argue that digital technology calls for a new philosophy of identity. They further argue that digital identity necessarily requires a redefinition of the traditional legal framework. In the following discussion, the paper will examine who may be treated as a legal subject in transactions conducted through digital identity. It will also consider how legal presumptions may change to include new realities, and, most importantly, it will present the legal treatment of the technical structure that constitutes digital identity.

CHANGE IN THE TRAFFIC CRIME RATE IN THE REPUBLIC OF SERBIA DURING THE FIRST DECADE OF THE GLOBAL ACTION FOR ROAD SAFETY

Aleksandra Petrovic, Sasa Atanasov, Joko Dragojlovic — Sun, 12 Oct 2025 00:00:00 +0000

With the adoption of the Law on Road Traffic Safety in the past decade, better known as the Decade of Global Action for Road Safety, normative frameworks were established for successful and efficient progress in the field of road safety, requiring strategic and systemic action in the prevention of traffic offenses. The basic task of traffic safety policy lies in establishing a protective system that will have long-term effects in reducing the number of committed traffic offenses and their consequences. In this regard, traffic safety management policy has a direct impact on the criminal policy of combating traffic crime. These two policies intertwine and form a unified system with inseparable connections, since greater success in the field of traffic safety management means greater safety, fewer violations of traffic regulations, and consequently a reduction in the number of traffic offenses. Today, as we enter the second Decade of Global Action for Road Safety, we can look back on the effects of the first decade. Analyses of the impact of numerous measures on road safety in the previous decade show that the establishment of a protective system in traffic contributed to a reduction in the number of traffic accidents and accident victims. However, the analysis of traffic crime rates has not been addressed. Therefore, this paper examines how changes in the normative framework and its application in the Republic of Serbia during the first decade affected traffic crime. Using statistical methods, the trend of traffic crime from 2010 to 2019 was analyzed. The research findings indicate that,in the observed period, the traffic crime rate was declining.

NEW PUBLIC MANAGEMENT AND LOCAL GOVERNMENT – AUTONOMY OF LOCAL PUBLIC SERVICE MANAGERS

Daniela Franić — Sun, 12 Oct 2025 00:00:00 +0000

This paper addresses the question of the autonomy of managers of entities that provide local public services (companies established by local self-government units for the performance of communal activities), inspired by the principles of new public management. It analyzes the extent of their autonomy, with particular emphasis on the influence of political factors and managerial capacities. On the theoretical level, the paper examines the relationship (dichotomy) between public authorities and the governing bodies of local utility companies, as well as the types of autonomy that arise from this relationship. The empirical part of the study is based on data collected through a survey conducted in 36 utility companies in the Republic of Croatia during 2023. The aim of the paper is to answer whether public authorities influence the managerial activities and autonomy of local public service managers, and how their roles and functions are interconnected. It has been concluded that clearly defined goals, the establishment of accountability, and constructive cooperation are crucial for the effective delivery of quality and accessible services that meet the needs of the local community.

THE IMPORTANCE OF INVESTMENT MOTIVES AND FINANCIAL STRATEGIES IN MERGER AND ACQUISITION (M&A) PROCESSES IN TRANSITION COUNTRIES WITH REFERENCE TO THE REGULATORY FRAMEWORK – A MULTIDISCIPLINARY ANALYSIS

Branka Laličić, Jelena Vapa Tankosić , Jovana Gardašević — Sun, 12 Oct 2025 00:00:00 +0000

Mergers and acquisitions (M&A) are among the key strategies for the growth and development of companies, particularly in transition countries, where they significantly contribute to economic growth. This is especially relevant in the period following the crisis of M&A transactions caused by the COVID-19 pandemic and the military conflict in Ukraine. Therefore, the aim of this research is to identify the key investment motives, taking into account financial strategies and risks, with reference to the institutional framework in transition countries. By applying the Systematic Literature Review (SLR) method and a multidisciplinary analysis of the factors influencing M&A activities in these economies, the research seeks to contribute to a better understanding of the key drivers of these processes and to provide relevant implications for company managers and policymakers. The findings point to three dominant motives for M&A in transition countries. They expand the knowledge of M&A motives in transition economies and highlight the need for further research on this topic, given the complexity of the market and its turbulent dynamics, as evident also in the sphere of innovative technologies.

RECENT DEVELOPMENTS OF DIGITAL CONSTITUTIONALISM IN EUROPE

Vladimir Mikić — Sun, 12 Oct 2025 00:00:00 +0000

The influence of modern digital technologies on contemporary constitutional law, both at the national and comparative level, has been steadily increasing. Having emerged in the early 21st century, digital constitutionalism, although one of the youngest categories of public law, significantly affects constitutional principles and values, particularly in Europe. Digital constitutionalism is especially significant because its existence and original development require at least a partial redefinition of constitutional law, particularly in the context of protecting fundamental rights and freedoms. This paper examines the normative framework for the European Digital Constitution (EDC), which encompasses the extensive set of digital law regulations adopted by the European Union (EU) and the Council of Europe (CoE). The paper also analyzes the Venice Commission’s Principles for a Fundamental Rights– Compliant Use of Digital Technologies in Electoral Processes. The concept of the EDC is elaborated, along with its main objectives.

ENTREPRENEURS AND ENTREPRENEURSHIP IN THE LEGAL SYSTEM OF THE REPUBLIC OF SERBIA

Sanja Škorić, Nikola Pavlović — Sun, 12 Oct 2025 00:00:00 +0000

An entrepreneur, as a natural person engaged in a specific economic activity for the purpose of generating profit, can be analyzed and considered from various perspectives, including economic, legal (commercial law, labor law, etc.), social, and others. This paper presents some of the specific characteristics of an entrepreneur as a business entity, as well as the features that distinguish them from other types of companies, highlighting the advantages and disadvantages associated with this form of business organization. A significant number of entrepreneurs in the Republic of Serbia, along with the persons they employ, underscores the importance of analyzing and defining the basic concepts, as well as determining the role of entrepreneurs and entrepreneurship within the legal system. A historical and legal review of the emergence and development of entrepreneurship is also necessary to provide a clearer understanding of the position entrepreneurs occupy in the modern economy and their legal and regulatory framework.

LIMITS OF CONTRACTUAL EXCLUSION OF LIABILITY FOR LEGAL DEFECTS IN CONTRACTS OF SALE – BETWEEN FREEDOM OF CONTRACT AND BUYER PROTECTION

Danijela Despotovic, Živorad Rašević — Sun, 12 Oct 2025 00:00:00 +0000

This paper analyzes the seller’s liability for legal defects in contracts of sale, with particular emphasis on the limits of contractual exclusion of such liability. The focus is on the normative framework established in Articles 508–515 of the Law on Obligations of the Republic of Serbia, which sets out the conditions under which the seller is liable for thirdparty rights over the object of sale, as well as situations in which contractual provisions excluding liability have no legal effect. The paper examines the role of principles of contract law—primarily good faith, fair dealing, and freedom of contract—in interpreting and limiting contractual autonomy. Relevant case law is also analyzed, with particular reference to the Supreme Court of Serbia ruling Rev. 742/06, which confirms that the seller’s liability cannot be excluded when the principle of good faith is breached and when the buyer was not informed of legally relevant facts. The comparative section highlights similar solutions in the legal systems of France, Germany, Slovenia, Croatia, and Bosnia and Herzegovina, as well as in the Vienna Convention (CISG), confirming a high degree of normative alignment in European and international contexts. Particular attention is given to de lege ferenda issues, especially concerning the clarification of time limits and the standardization of contractual provisions that ensure a fair allocation of risk.

SPECIAL LABOUR LAW PROTECTION FOR FOSTER PARENTS AND THE CHILD IN THEIR CARE

Dragana Radovanović — Sun, 12 Oct 2025 00:00:00 +0000

The labour law implications of establishing foster care are reflected in the special protection granted to foster parents in employment. This protection is designed to ensure, with additional and intensive support from society, that a child without parental care, or a child under parental care who has developmental disabilities or behavioural disorders and is temporarily unable to live with their parents, can achieve optimal development in a family environment. The ultimate goal is the child’s return to the biological family, preparation for independent living and work, or the adjustment of protective measures. On the other hand, for the foster parent who directly cares for the child based on the decision of the guardianship authority, it is necessary to facilitate the reconciliation of family responsibilities with obligations towards the employer. This entails occasional leave from work for child care, as well as leave for special child care, job protection, and protection within the framework of working time regulations. This paper is based on the application of legal-dogmatic and comparative-legal methods, and aims to reaffirm the special protection of foster parents in employment, with an overview of the most important aspects of its regulationn at the international and national levels.

PROCEDURAL SPECIFICS IN SMALL-VALUE CLAIMS LITIGATION

Sanda Ćorac — Sun, 12 Oct 2025 00:00:00 +0000

This paper analyzes specific provisions of the Civil Procedure Law concerning procedural rules in small-value claims litigation. Due to the normative redefinition and expansion of the concept of small-value claims litigation, courts of general jurisdiction most often follow the rules applicable to this special procedure. In small-value claims proceedings, the right to legal protection is not exercised through the standard (full) cognitive procedure, but through special rules designed to ensure that these cases are concluded efficiently and economically. Given the limitations in the scope of this paper, the analysis focuses on the specific features that characterize this procedure, which also determined the content of the paper.