Law - Theory and Practice

JOINDER OF ACTIONS FOR PROTECTION AGAINST DOMESTIC VIOLENCE

Gordana Stanković , Sanda Ćorac — Fri, 09 Oct 2026 00:00:00 +0200

Active legitimation for the purpose of protection against domestic violence belongs to the family member who was a victim of domestic violence, the legal representative of the victim of violence, the guardianship authority, as the authority for family protection, and the public prosecutor, as a state authority. The procedure for protection from domestic violence can also be initiated ex-officio. Given that different plaintiffs can initiate a lawsuit for protection against violence against the same defendant who behaved violently, the question arises whether it is possible to join the initiated lawsuits for protection against domestic violence, especially those initiated by the victim of violence and the public prosecutor, in order to effectively determine one or more measures for protection against domestic violence through joint discussion, investigation and decision-making in the joint procedures and achieve not only effective protection of the victim of violence, but also cost-effectiveness and legal certainty.

THE RELATIONSHIP BETWEEN THE MIGRATION CRISIS AND CRIME IN THE REPUBLIC OF SERBIA

Jasmina Igrački , Ratomir Аntonović , Maja Petrović — Fri, 09 Oct 2026 00:00:00 +0200

The main problem discussed in the paper is the existence of a causal relationship between certain criminal phenomena in the Republic of Serbia and the European Union, on the one hand, and the migrant crisis, on the other. A special problem is represented by certain criminal acts that can be classified as a direct consequence of migrant population movements. The time frame is the period of the past ten years, during which the migrant issue has been considered one of the most topical issues in the European Union. The aim of the paper is to indicate the existence of a correlation between the migrant crisis and intensive criminal activity in the countries of the European Union, as well as in the countries located on the so-called migrant route. The hypothesis of the paper is that intensive migrant changes contribute to a change in the demographic picture and additional criminalization of Europe. The co-authors use analytical, historical, comparative and normative methods. The research results partially confirmed the hypothesis that the migrant crisis has an impact on the demographic picture of Europe, but the part that relates to the additional criminalization of Europe was not proven, because no parameters were established that could confirm this.

LEGAL PROTECTION OF THE RIGHT TO PERSONAL DATA AND LIABILITY FOR DAMAGES – BETWEEN THE NORMATIVE FRAMEWORK AND ACTUAL EFFECTIVENESS

Maida Bećirović-Alić , Tanja Varađanin — Fri, 09 Oct 2026 00:00:00 +0200

The right to protection of personal data is one of the key modern human rights, the violation of which is becoming increasingly frequent amid intensive digitization and mass data processing. Although the normative framework, especially in the European legal space through the General Data Protection Regulation (GDPR, 2016), provides for the right to compensation for material and non-material damage due to the violation of this right, in practice, this raises the question of the real effectiveness of civil law protection for injured persons. The aim of this paper is to examine the scope and limitations of civil liability for the violation of the right to the protection of personal data, with special reference to the institution of compensation for non-material damages. The paper applies the normativelegal and comparative legal method, as well as an analysis of the relevant case law of the Court of Justice of the European Union, especially with regard to the interpretation of Article 82 of the GDPR (2016). Special attention is devoted to the consideration of the relationship between the violation of rights and the existence of legally relevant damage, as well as the problems of proving non-material damage in national legal systems. The research results indicate the existence of a normatively established, but in practice, often fragmented system of civil legal protection, in which uneven judicial practice and the absence of clear criteria for establishing the existence and amount of compensation for non-material damage reduce the real effectiveness of the right to compensation. In conclusion, the work points to the need for further harmonization of civil law institutes with the objectives of the right to protect personal data, in order to ensure complete and effective legal protection of injured subjects.

BEYOND DETERMINISM – LEGAL RESPONSIBILITY IN THE AGE OF PROBABILISTIC AI SYSTEMS

Žaklina Spalević , Ratko Ivković , Milan Ječmenić — Fri, 09 Oct 2026 00:00:00 +0200

This paper examines the fundamental distinction between classical deterministic programming and contemporary artificial intelligence systems, with particular emphasis on the legal consequences arising from the non-deterministic behavior of AI models. By analyzing the basic postulates of programming, the Softmax function as a key mechanism for output generation, and stochastic factors in training and generative processes, the paper demonstrates that artificial intelligence deviates from expected norms of predictability—an aspect that has far-reaching implications for the law of obligations, consumer protection, and tort liability regimes. In addition to a theoretical overview, the paper provides a legal analysis of the European Union’s AI Act in the context of non-determinism, highlighting regulatory efforts to address this characteristic of AI models through a risk-classification system as well as technical and organizational requirements. The paper aims to contribute to an interdisciplinary understanding of AI-related challenges by positioning legal scholarship as a key factor in developing a new model of liability in the digital age.

LEGAL FRAMEWORK OF SUSTAINABILITY DUE DILIGENCE REGIME AS A NEW STANDARD OF CORPORATE RESPONSIBILITY

Dejan Vukosavljević , Danijela Vukosavljević — Fri, 09 Oct 2026 00:00:00 +0200

The development of the sustainability due diligence regime in European Union law has opened a debate on whether this regulatory framework introduces a new standard of corporate responsibility or represents an extension of the existing concepts of professional and fiduciary diligence. The objective of our paper is to analyze the legal framework of the sustainability due diligence regime, established by Directive (EU) 2024/1760 on corporate sustainability due diligence, which introduces a qualitatively new standard of corporate responsibility. The findings indicate that the sustainability due diligence regime introduces a preventive and procedural model of risk management that extends the relevant sphere of responsibility of companies to value chains. Although certain normative elements compatible with this approach already exist in the law of the Republic of Serbia, the existing legal framework does not recognize such a systemic model of responsibility.

DISCRIMINATION AND HATE SPEECH AGAINST MUSLIM REFUGEES – LEGISLATION AND PRACTICE

Emilia Alaverdov , Miranda Gurgenidze , Milica Bošković — Fri, 09 Oct 2026 00:00:00 +0200

This paper examines discrimination and hate speech directed at Muslim refugees in contemporary democratic societies, with particular focus on the gap between formally guaranteed human rights and their actual implementation in practice. Although international and national legal frameworks guarantee freedom of religion, equality, and refugee protection, Muslim migrants increasingly experience stigmatization, exclusion, and hostility in everyday social, political, and institutional contexts. The study proceeds from the premise that these phenomena should not be understood as isolated prejudice or sporadic xenophobia, but rather as a structural and systemic phenomenon embedded in political discourse, media narratives, and administrative practices. Drawing on interdisciplinary theoretical perspectives from law and sociology, the research conceptualizes discrimination as cumulative, institutional, and intersectional, operating through both direct and indirect mechanisms. Using qualitative methods—including content and discourse analysis, comparative case studies, and secondary empirical data—the paper analyzes developments in Germany, the United States, and Australia to identify recurring patterns of migration securitization, labor market exclusion, and symbolic stigmatization of Muslim refugees. Particular attention is devoted to the role of hate speech and digital platforms in normalizing hostility and legitimizing restrictive migration policies.

THE CONSTITUTIONAL CONCEPT OF THE RESPONSIBILITY OF THE HEAD OF STATE

Anđela Nićiforović — Fri, 09 Oct 2026 00:00:00 +0200

In addition to its primary jurisdiction, the Constitutional Court also exercises certain specific competences, one of which is its jurisdiction to adjudicate cases involving high-ranking state officials. In this paper, the author analyzes this very particular competence of the Constitutional Court, directed at determining the responsibility of the head of state. The subject of the research encompasses the constitutional and legal grounds for initiating proceedings concerning the responsibility of the head of state, the authorized entities, the required majority, and the procedure for adopting a decision on the indictment against the head of state. The research aims to identify, through the application of the positivelaw and comparative-law methods, the similarities and differences in the existing normative solutions of certain European countries. In the final part of the paper, special attention will be devoted to how this issue has been addressed in the Republic of Serbia, as outlined in the 2006 Constitution. By examining existing solutions and their potential shortcomings, the author aims to highlight the need for possible constitutional reform in this matter in the Republic of Serbia.

ALGORITHMIC CONTRACTS IN MODERN CONTRACT LAW – CONCEPT, LEGAL NATURE, AND FUNDAMENTAL LEGAL ISSUES

Vladanka Malović, Predrag Mirković — Fri, 09 Oct 2026 00:00:00 +0200

The development of digital technologies has led to noticeable changes in the manner in which contracts are concluded and performed. Within this framework, algorithmic contracts have emerged as one of the forms of contemporary contracting. The subject matter of this paper is the analysis of algorithmic contracts in modern contract law, with particular emphasis on their concept, legal nature, and relationship to the traditional contract, the electronic contract, and the smart contract. The aim of the paper is to determine whether algorithmic contracts constitute a new legal institution or merely a specific form of contemporary contracting based on the application of digital technology, as well as to identify the fundamental legal issues arising in connection with their conclusion and performance. The paper is theoretical in nature and is based on the normative and comparative legal methods, along with an analysis of relevant domestic and foreign literature and legal sources. The main hypothesis of the paper is that algorithmic contracts do not constitute a separate and autonomous legal institution, but rather a specific form of contemporary contracting in which the existing rules of contract law continue to apply, subject to certain particularities arising from the use of digital technology and automation. The analysis shows that algorithmic contracts do not fall outside the framework of the general rules of contract law, but that there are certain distinctions of a qualitatively legal nature relating to issues of consent, attribution of decision-making, control over performance, and liability for the outcome of the automated process. Their significance, therefore, does not lie in the creation of a new branch of contract law, but in the fact that they clearly reveal the limits of the existing one.

SPECIFICS OF THE UNIFIED ADMINISTRATIVE PROCEDURE IN THE REPUBLIC OF SERBIA

Milica Torbica — Fri, 09 Oct 2026 00:00:00 +0200

The unified procedure represents a set of activities and procedures carried out by the competent authority in connection with the construction, extension and reconstruction of buildings, i.e. the execution of works. This procedure is constructed in such a way that it is carried out in phases that are mutually correlated in a cause-and-effect relationship, and in most cases the administrative action in one phase is conditioned by the completion of the previous one. In certain phases, the administrative body undertakes administrative actions, while in others it issues administrative acts. The unified procedure is carried out entirely in electronic form. It is carried out by the administrative body responsible for urban planning and construction works, within the legally prescribed short deadlines, with the authority to obtain, ex officio, all necessary acts from other administrative bodies and legal entities entrusted with public powers. The author’s intention is to show through this work the specifics of the unified procedure, which are reflected in a well-designed organization, by clearly prescribing the rights and obligations of both the parties and all authorities participating in it, and the way in which transparency and cost-effectiveness are ensured in its implementation. Also, since the unified procedure is most often regarded in scholarly theory as an example of the single administrative place — an institution governed by administrative procedural legislation — this paper will demonstrate that it bears greater similarity to the concept of the electronic single administrative place established by the law governing electronic administration.

ANALYSIS OF THE DERIVATIVE ACTION MECHANISM AND ITS APPLICATION IN THE EUROPEAN UNION LEGAL SYSTEM

Ilja Lučić — Fri, 09 Oct 2026 00:00:00 +0200

The primary objective of this paper is the scientific research and critical analysis of the derivative action as a specific procedural legal instrument for protecting the pecuniary interests of companies with state-owned capital. The study seeks to determine how this mechanism, which inherently derogates fundamental corporate principles of majority rule, can function as an effective tool for safeguarding public resources against the misconduct of management bodies. The significance of the study arises from the normative imprecision of the domestic regulatory framework and the marginal application of derivative actions in the practice of the Republic of Serbia, despite its significant potential to curb corporate corruption and enhance transparency in state asset management. The methodological framework is based on a multidisciplinary approach. A legal-dogmatic method was applied to analyze relevant regulations, alongside a comparative-legal approach covering the models of Germany, England, and Serbia. Through content analysis of relevant case law and EU directives, modern trends in minority shareholder protection were explored. Additionally, a teleological method was employed to determine the social purpose of the institute within the context of public property protection, while the method of analysis and synthesis deconstructed the complex procedural-legal relationships among the company, management, and minority members, enabling the formulation of coherent legislative proposals. Findings indicate that the key barriers to the effective application of derivative actions in Serbia include high litigation costs, information asymmetry, and the risk of abuse of procedural powers. A comparative analysis of European Union models confirms that high-functioning systems implement mechanisms for preliminary judicial review of admissibility and precisely regulated cost allocation, establishing a balance between preventing corporate obstruction and ensuring effective judicial protection for bona fide members. In conclusion, this research provides specific normative proposals for reforming domestic legislation in alignment with European standards, aiming to strengthen corporate accountability within the public sector.

INVESTOR’S LIABILITY FOR THE LEGAL AND FACTUAL SUITABILITY OF AN APARTMENT UNDER CONSTRUCTION

Branislav Mirković, Sonja Končar — Fri, 09 Oct 2026 00:00:00 +0200

The subject matter of this paper is an analysis of the investor’s liability to ensure that an apartment under construction constitutes, at the moment of delivery and legal transfer, a legally and factually suitable object of acquisition. The aim of the paper is to determine whether the investor’s liability towards the buyer may be understood solely within the framework of the traditional sale of property and the general rules of contractual liability, or whether it represents a more complex form of liability arising at the intersection of public-law requirements governing construction, contractual relationships established during the construction process, and the marketability of the final object of acquisition. The paper is theoretical in nature and is based on normative, doctrinal, analytical, and systemic methods, accompanied by an analysis of relevant domestic legal scholarly literature and applicable legal sources. The principal hypothesis of the paper is that the investor’s liability for the legal and factual suitability of an apartment under construction does not constitute a separate and autonomous legal institution, but rather a specific form of complex contractual and transactional liability, within which the existing rules of public law, the law of obligations, and property law are applied subject to certain specific features arising from the multistage nature of a construction undertaking. The results of the analysis demonstrate that the investor’s liability towards the buyer is not formed only at the moment of sale, but considerably earlier, through the planning, permitting, design, supervisory, and execution phases of the construction process. Consequently, the content of such liability cannot be adequately explained if the investor is viewed merely as a seller or merely as the employer of works under the construction contract.