Faculty of Law, Kragujevac

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INTERVIEW WITH IVAN DJOROVIC, HEAD OF POLICE, KRAGUJEVAC, SERBIA
(2010) Simonović, Branislav
BS: Would you briey say something about yourself and your education? ID: I was born in 1968 in Priština, the Republic of Serbia, where I nished primary school. I started secondary school in Priština and nished it in Kragujevac, where I had moved with my family in 1984. I started at the Faculty of Law and graduated in Kragujevac at the beginning of 1992.
Kriminalistika
(Pravni fakultet Univerziteta u Kragujevcu, Institut za pravne i društvene nauke, 2012) Simonović, Branislav
Patent law protection of inventions in medicine and pharmaceutical industry
(2013) Miladinović, Zoran; Varga, Siniša; Radojković, Marija
Serbia's Republic Directorate for Communal Services
(2013) Vladetić, Srđan
Purpose: Serbian communal services sector reform is of vital significance for reform of the entire public sector. Toward such reform, 2010 saw two drafts of the Law on Communal Services that include creation of a Republic Directorate with the goal of promoting and developing communal services. The author aims to analyze the solutions from the draft regarding the status of this Directorate and its powers essential for effective operation. Design/methodology/approach: This paper analyzes the draft of the Law on Communal Services, as well as the comments provided by management of utility companies and wider professional public concerning drafts of the law. The paper also analyzes other legal acts connected to communal services, such as the current Law on Communal Services, Law on Public Enterprises and Services of Common Interest, Law on Companies and Law on Public Property. Findings: This paper points out consequences resulting from extensive but inefficient power of the Republic Directorate for Communal Services, concerned primarily with prices of communal services and entrusting communal services to such a position. Research limitations/implications: No literature exists concerning the Serbian Republic Directorate for Communal Services. The author was limited in research sources so the result of the paper is prediction of possible outcomes of establishing the Republic Directorate for Communal Services in the Republic of Serbia. Practical implications: If while drafting a new Law on Communal Services the view is accepted that directorates have authority, it achieves the purpose for which it was established, economic regulation. Originality/value: The author in this paper provides insight into some directions in which communal sector reform goes. Given the fact that the draft of the Law on Communal Services foresees the establishment of the Republic Directorate for Communal Services as an entirely new regulatory body, this article focuses on the problems that this body might face in the process of fulfilling its major objectives, predominantly in the economic sphere. © Emerald Group Publishing Limited.
Public-private partnership: Coca-Cola and the University of Belgrade
(2013) Stanković, Emilija
Purpose: Analyzing the memorandum of cooperation conducted between Coca-Cola HBC Serbia AD Zemun and the Faculty of Organizational Sciences (FOS), University of Belgrade, the purpose of this paper is to demonstrate which multinational companies invest in education. The importance of cooperation is emphasized, since cooperation has indirect effects on corporate social responsibility and the external positioning of the Faculty of Organizational Sciences and Coca-Cola, promoting direct cooperation between institutions and education. Design/methodology/approach: The analyses are based primarily on analysis of a memorandum of cooperation signed between Coca-Cola Hellenic and the FOS in the presence of Serbian government representatives. Other Serbian legislative acts are discussed that allow the operation of multinational companies in Serbia, providing cooperation process transparency related to higher education. Findings: This article points out which forms of cooperation exist between Coca-Cola and educational institutions in Serbia, the effects of such cooperation, and the benefits to local staff development, especially community development. Originality/value: The article is based on a special memorandum on cooperation that enables familiarity development with concrete investments by multinational companies in education in Serbia. Positive outcomes of such an investment are discussed. © Emerald Group Publishing Limited.
Private bailiffs as partners of the Serbian state
(2013) Planojević, Nina
Purpose: In a 2011 law, Serbia included the private sector in enforcement procedures implemented by private bailiffs in addition to those appointed by the court. The purpose of this paper is to determine whether this situation is a form of public-private partnership. Analyzing the causes of court enforcement crises, this paper establishes whether this step was necessary. Design/methodology/approach: In the development of this paper, normative, sociological, dogmatic and axiological methodologies have been used. Findings: The introduction of private bailiffs into civil enforcement is a unique public-private partnership, necessary and justified since it removes all causes of crises in the Serbian system of enforcement. Practical implications: It is more likely that Serbian citizens will entrust enforcement to private bailiffs. Social implications: This paper contributes to understanding private bailiffs' roles in Serbian society and builds a positive attitude toward this public-private partnership. Originality/value: In this paper, public-private partnership is examined from a new viewpoint and expands cases where the private sector is included from court sanctions. The paper contributes to a better understanding of the institution of private bailiffs, explains its role in the settlement of Serbian enforcement crises and suggests connections between the institution and strengthening the economy. © Emerald Group Publishing Limited.
Coalition government and possible course of UK political and electoral system reform after 2010 Parliamentary elections
(2013) Đorđević, Srdjan; Palević, Milan; Rapajić, Milan
In this paper the authors analyse the current state of affairs of a political system in theory and constitutional practice popularly termed the Westminster system, which also played the role of a prototype to ex-British dominions and some other countries. Exceptional for its longevity, it is also an example of stability and social consensuality about fundamental values. However, although this state creation has a monopoly in expressive symbolism, some weaknesses have been identified when it comes to the symbols and main elements of this system. One of its weak points is a two - party system of government, devoid of liveliness in a political process with latent agreement of different generations, and, in essence, the same or cosmetically changed political establishment. Consistence of government of one or another party is caused by nature of the electoral system, whose main characteristics are the surplus of inequity and deficit of modernity. Discussing the recent elections in Great Britain, authors give them the label of elections with precedent, especially because of the new type of government - the coalition cabinet, and they also consider the new people in official politics and their voice in the system of political relations - members of the third party, Liberal - Democrats. The issue of electoral system and directions of its reform remains open, which will inevitably lead to introducing changes into the political system. © 2013 Lex localis (Maribor, Graz, Trieste, Split).
New paradigms in the exercise of universal rights and freedoms
(2013) Palević, Milan; Matić, Dejan
The guarantee of a successful development of any modern, democratically oriented society, largely rests on continuous and fuller realization of a broad range of human and minority rights and freedoms. Current social trends in the world, reflected mostly in pervasive process of globalization, put modern society before a number of challenges which have their immediate impact on all aspects of social life. Therefore, reflection on, and thus consequently realization of universal freedoms and rights must necessarily start from the changes caused by globalization, both in general, worldwide scope, and in the content and character of humanity, in the context of marking a new phase in the evolution of modern society, with subsequent, far-reaching changes in the position of the man and the realization of his dignity. The complexity of social relations in the modern world is expressed by, among other things, disparities and inequalities among people. These disparities and inequalities gain intensity in the sphere of economic life, particularly in terms of the current global economic crisis. They are shown in an increase in unemployment, large social differences, and an increase in poverty. All these phenomena are global in scope and shaking all modern society, almost without exception, undoubtedly influencing the level of realization of human and minority rights and freedoms, even in those communities which strongly rely on their sincere and full respect. This paper aims to point out the necessity of full realization of all human rights and freedoms in the current social situation, since it is where an essential foundation of the re-development of a new, global society, undoubtedly based on stable foundations of democracy, tolerance and economic development, lies.
Conducting public utilities in Serbia: Providing and maintaining services in Kragujevac
(2013) Petrović, Milena
Purpose: The purpose of this paper is to demonstrate the conditions and manner in which communal services are performed in Serbia. All public utility companies face significant issues such as unclear ownership, politicized management, insufficient funds for investment, and dominant market positions. These issues are cited as reasons why they are ineffective, chronically illiquid, insufficiently modernized, and unable to offer citizens satisfactory service quality. Design/methodology/approach: The article is based on an analysis of current legislation, especially the Law on Communal Services and the Law on Public Enterprises, and on laws regulating the communal sector. Since this area is in transformation, proposals for new laws are discussed with strategies for restructuring public utility companies and with suggestions from experts on drafts of legislative solutions. Findings: The article points out major issues related to inefficiency of public utility companies, and the reasons why citizens are provided with low-quality services. Research limitations/implications: There is a dearth of literature, especially critical literature, on this topic in Serbia. This paper fills this gap partially. Practical implications: This paper has direct implications for improving performance of communal services in Serbia. Combining all other observations and suggestions, it should intrigue creators of new legislative solutions in this area. Originality/value: This paper is based on a survey of existing legislation and legislation under review, representing a significant contribution to understanding the issues faced by the communal sector. © Emerald Group Publishing Limited.
State aid for innovation clusters in the Republic of Serbia
(2013) Miladinović Z.; Varga, Siniša; Vujisić, Dragan; Zdravkovic M.
Purpose – The purpose of this paper is to examine conditions for and initial results of granting state aid for innovation clusters in the Republic of Serbia. Design/methodology/approach – This paper is based on primary research data and secondary sources of scientific information. Due to interpretation of legal acts, a normative method was adopted. Findings – There is a legal and institutional framework for granting state aid to innovation clusters in the Republic of Serbia. It is important because state aid distorts competition and may reduce economic growth if it is not controlled and moderate. Serbian state aid for innovation clusters is more than moderate so less than 1 per cent of Serbian businesses are joined within innovation clusters. Research limitations/implications – The legality and effects of granted state aid are not explored. Requests for access to agreements signed with and reports submitted by beneficiaries remained unanswered. Originality/value – Few studies examine the topics discussed in this paper; legal issues concerning government intervention's effect on the economy are often neglected. This paper explores legal regulations, procedures, and confinements of state aid for innovation clusters as a measure of economic policy. © 2013, Emerald Group Publishing Limited
Terms of clinical research consent's validity
(2014) Živojinović, Dragica; Planojević, Nina; Banović, Božidar
Dragomir Milojević, president of the Serbian Supreme Court
(2015) Simonović, Branislav
© 2015 by Taylor and Francis Group, LLC. I had been trying to organize the interview with the president of the Supreme Court of Serbia for 2 months without success. When I lost hope that I would succeed, I was granted an interview, thanks to the persistence of Professor Dilip Das and one prominent Serbian lawyer.
Symbiosis of politics, the shadow economy, corruption, and organized crime in the territory of the western balkans: The case of the republic of serbia
(2015) Simonović, Branislav; Boškovič G.
© 2016 by Taylor & Francis Group, LLC. All rights reserved. International sanctions and a total embargo on business operations of Serbia with the world (in the elds of the economy, science, and the entire international communication and exchange of ideas, and suspended cooperation of the Interpol with the Serbian police) led to not only great economic, political, social, and security consequences in the country, but also a backlash inuence outside the country. Due to the economic collapse and growth of unemployment, even the ordinary citizens who are not close to those in power got involved in the shadow economy, by way of small-scale smuggling inside the country or illegal shiing of de-cient products from abroad into the country in order to survive. e sanctions of the international community imposed on Serbia contributed to hyperination and the collapse of the domestic currency.cWhat was le of the economy also went from legal business operations into the sphere of the shadow economy, which led to shortages of goods in the legal market, and the only possibility to buy these goods was in the gray market. e Shadow economy as a deviation from the ocial economy in the time of crisis, i.e. in the period of sanctions, turned into the main ow of purchase of energy generating products and some consumer goods (Pilic-Rakic, 1997, p. 12).
Police corruption in Kazakhstan: The preliminary results of the study
(2015) Nurgaliyev, Bakhyt; Ualiyev, Kuatzhan; Simonović, Branislav
© 2015, Review of European Studies. All right reserved. This article presents the results of studies on the preventive and operational measures used to combat the police corruption in Kazakhstan on the background of the similar measures used by the police in the CIS and western countries. It analyzes the frequency and evaluation of the applied anti-corruption measures and efficiency of fighting corruption in the Kazakh police in accordance to the international reports.
Right to anonymous childbirth
(2017) Ponjavić, Zoran; Palačković, Dušica
© by the Demographic Research Centre of the Institute of Social Sciences & the Association of Demographers of Serbia. In this paper, the authors present the institute of anonymous childbirth which is not regulated by the Republic of Serbia positive laws, but it is in a small number of other European countries. Contrary to the usual review of this issue, through the prism of the child's right to know its origin, which has become the usual way of reviewing any question from the domain of paedo-centric family law, the authors hereby attempt to shed the light from another angle - the right of woman (mother) to a private life and the right of a child to be born in medically accepted conditions, which is the interest of the society as a whole. The authors also point out to the possibility of positive demographic effects of introducing this institute which have been the case in the countries which regulate this matter. The arguments in favor of introducing this institute can be found both in comparative law and in the practice of European Court of Human Rights in Strasbourg whose rulings reshape the legislation of European countries, thus actually becoming the sources of law. There is an example from French legislation, which, according to the Court's opinion, established a fair balance between conflicted rights and interests, which was the key point for reaching the famous decision in the case Odièvre v. France. This decision set a precedent for the following rulings in similar cases, which proved that this decision was not incidental, but represented a long-term orientation of this Court in solving similar cases. In concluding remarks, the authors emphasize that introduction of this institute into Serbian legislation would not mean complete exclusion of the child's right to know the facts related to his origin, which today is the key argument against its introduction. In any case, this regulation would represent a more advanced solution from the point of view of child's protection if compared to some that already exist in Republic of Serbia positive law, which completely prevent a child to learn the facts of his origin.
The Justification for the Existence of Fiduciary Duties in Company Law
(Faculty of Law, University of Kragujevac, 2018) Mihajlović, Borko
Fiduciary duties are a widely recognized legal institution, and they present one of the most important attempts in law to solve the first agency problem and to constrain broad management powers. The subject of this paper is the issue of the justification for the existence of fiduciary duties, which has been present almost since the inception of this institution. At the beginning, the author presents a short overview of the emergence of fiduciary duties in the Anglo-Saxon law and the legal transplant of these duties to continental Europe. In the next part of the paper the author considers the first aspect of the main issue of the paper that is the justification for the existence of fiduciary duties. The first aspect deals with the various theories dedicated to reason, purpose, and rationale for the existence of fiduciary duties in company law. The second aspect of the issue deals with the modern views, which strive to determine whether the fiduciary duties’ existence in company law is justified at all. Finally – in the conclusion – the author tries to determine the relevance of the questions raised in this paper for Serbian company law.
ZAŠTITA GEOGRAFSKIH OZNAKA JAKIH ALKOHOLNIH PIĆA
(University of Kragujevac, Faculty of Law, 2018) Lučić, Sonja
The Court of Justice of the European Union (CJEU) published an interesting judgement in Case C-44/17. Following the action initiated in Germany by the Scotch Whisky Association (SWA), the Court of Hamburg had asked the CJEU to interpret EU legislation on GIs spirit drinks (Regulation (EC) No 110/2008), in particular with respect to the depth of "evocation". The case opposes the SWA and a distillery located in Germany, which produces and markets whisky under the designation "Glen Buchenbach". The product’s label also indicates “German product”. The SWA considers that the use of the term "Glen", in connection with whisky, infringes the GI "Scotch Whisky" as it is liable to cause consumers to make an inappropriate connection to the GI. “Glen” in fact is widely used in Scotland to refer to “valley” and is an element of the trade mark of Scotch Whisky producers. With respect to the concept of evocation, which is a powerful tool to protect GIs against the exploitation of their reputation and other practices which aim at establishing a connection between the products sold and GIs, the main elements of the judgement are: The “conceptual” proximity between a GI and the contested name can result in an evocation. This has to be evaluated by national courts, taking into account the fact that an average European consumer, who is reasonably well informed and observant and circumspect, when confronted with the name at issue, the image triggered in his mind is that of the product whose indication is protected. This is the first case which puts it beyond doubt that evocation can exist even where the name at issue is not similar phonetically or visually to the GI. The indication of the true origin of the good at issue does not exclude automatically the evocation of a GI. As a result, in the present case, the German court will have to determine whether an average European consumer thinks directly about the GI “Scotch Whisky” when he is confronted with a comparable product bearing the name “Glen” (“Glen Buchenbach” whisky).
The Contemporary Penal Populism: the Global Trends and the Local Consequences
(Faculty of Law, University of Kragujevac, 2018) Sokovic, Snezana
The penal populism as a special approach to shaping the social reaction to crime has a global character and has been present for a few decades already. The global social changes connected with the appearance and strenthening of the neoliberal socioeconomic system, contributed to its appearance together with the role of the media, the changes of the appearing perception of the crime and the politization of crime. The basic characteristics refer to the establishment of new strategies of crime control, significant criminal-legal expansionism, more severe penal policy, the strengthening and expansion of the formal control, new penology. The most important consequence of the new criminal control practice is a great increase in the number of convicts with the prison penalty, which cannot be explained solely by the increase in crime. Since apart from the global character of the relevant social changes, the penal populism with its controversial consequences has not overtaken all the countries with the same intensity, a special attention is drawn by the countries which have kept the functional criminallegal system out of the new punitiveness. The relevant research show that the level of punitiveness is in a significantly stronger correlation with economic policy, i.e. investments into the social policy, than with the real state of crime. The local reception of the global trends, both generally and in the criminal legislation system of Serbia, is characterized by inconsistence and neglect of the institutional and cultural incompatibility and the standardisation of thy hybrid law institutes which have a great difficulty of fitting into the national legal systems.
Der Vertrag von Lissabon – ein Substitut für die gescheiterte europäische Verfassung
(Faculty of Law, University of Kragujevac, 2018) Bataveljić, Dragan
The European Union is facing major challenges at the beginning of the 21st century. The process of European integration raises the question of "European compatibility" of federalism or the development of a "European federation". Attention is drawn to the fact that federalism plays a significant role in European development and integration. To date, some models of federalism are known, but further development and integration of Europe require innovation, so that it can not be classified in already existing or predetermined models, but rather it is necessary to create a synthesis between unity and diversity; this is the reason why in recent years there has been "intensive research into a new European federalism" or debates about the future of the EU. The EU has undertaken a major reform of its internal organization, but the impact of past integration should be linked to its federal unity and, based on the principles of unity of law, the unity of institutional structures and the solidarity of the Member States.
Ability of Persons Deprived of Legal Capacity to Exercise Their Personal Rights
(Faculty of Law, University of Kragujevac, 2018) Ponjavić, Zoran
In spite of ratified international documents, the protection of persons with mental health problems, intellectual or physical disabilities in the legal system of the Republic of Serbia is still enforced by legal institutes such as deprivation of the legal capacity and a placing of these persons under guardianship. These legal solutions especially does not resolve a question of exercising personal rights that can be done by their holders exclusively in case they are capable of it. Since the guardian is not entitled to enforce them, it emerges that these rights do not exist for persons deprived of legal capacity. This paper endeavors to address an issue on abilities of these persons to make legally binding decisions concerning these rights. Possible solutions to the matter can be found in establishing natural capacity of these persons and through their participation in decision making to the extent that their mental and psychical condition allows. In case that these persons do not have even a minimum of capacity for decision making, the guardian must take a legally binding decision on behalf of a person deprived of legal capacity either on his own or upon the consent of a guardianship authority. Thereby certain criteria have to be taken into account so that the decision is in the best interest of the person represented.

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