Faculty of Law, Kragujevac
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Item A Novel Integrated Fuzzy-Rough MCDM Model for Evaluation of Companies for Transport of Dangerous Goods(2021) Vojinović, Nikolina; Sremac, Sinisa; Zlatanović, DraganThe organization and execution of the transport of dangerous goods is conditioned by a series of legal, technical, technological, safety, and engineering requirements, which must be met. In this way, a complex system is created which has a large number of participants and in which optimization should be performed at each stage from all the above aspects. The main goal of this paper is to create a novel Fuzzy-Rough MCDM (Multiple-Criteria Decision-Making) for the evaluation of companies engaged in the transport of dangerous goods. A group decision-making model was created to evaluate 11 transport companies based on nine legal, technical, technological criteria. The improved fuzzy stepwise weight assessment ratio analysis (IMF SWARA) method was used to calculate the criterion weights, while transport companies were ranked based on Rough Measurement Alternatives and Ranking according to the COmpromise Solution (R-MARCOS). The integration of these methods into a single model that combines two theories of uncertainty, fuzzy and rough, was performed for the first time in this study, which represents a significant contribution. The results show that the most significant criteria are as follows: dangerous goods are classified and permitted under ADR (Agreement Concerning the International Carriage of Dangerous Goods by Road), the prescribed documents are in the transport unit, and the equipment is in the transport unit. When it comes to the evaluation results of companies, it can be noticed that A1 and A4 show the best performance, while A8 and A9 are in the last position. In order to test the stability of the model developed, sensitivity analysis, comparative analysis, and the influence of the dynamic formation of the initial matrix were created.Item Ability of Persons Deprived of Legal Capacity to Exercise Their Personal Rights(Faculty of Law, University of Kragujevac, 2018) Ponjavić, ZoranIn 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.Item Advokatura i besplatna pravna pomoć(Faculty of Law, University of Kragujevac, 2020) Radulović, UrošSince the Republic of Serbia has adopted the Law on free legal aid, according to kay, providers are free to truly assist legal lawyers and to unify authentic improvement and local self-government. Advocacy, as an independent and independent profession, will participate in the protection of the rights and legal interests of the most vulnerable citizens. The law identified three categories of citizens who are entitled to a free lawyer, primarily those receiving social assistance or child allowance. As legal aid providers, lawyers will be adequately rewarded for their engagement in the form of monetary compensation prescribed by the Decree of the RS Government. Establishing a single register of service providers in the ministry, as well as within the Serbian Bar Association and other regional bar associations, will prevent possible abuse and allow even distribution of cases to lawyers.Item ADVOKATURA KAO OBLIK PRUŽANjA PRAVNE POMOĆI(Faculty of Law, University of Kragujevac, 2019) Kijevčanin, RužicaThe emergence of the world and civilization was accompanied by interpersonal disagreements, which turned into disputes. In the disputed parties, the party seeks to preserve and protect the rights and freedoms guaranteed by the state-legal order. On this path, they have different kinds of legal assistance, of which the best known is, but also the most controversial аdvocacy. Advocacy is as old as the state and law and is an essential element of a well-organized, progressive society, as well as a confirmation of a legal and democratic state. The way of organizing this independent and independent activity, as well as the tendency to change its functionality and role in the legal apparatus of the state are just some of the issues that will be addressed in the upcoming work.Item AGENCIJSKO ZAPOŠLjAVANjE(Faculty of Law, University of Kragujevac, 2019) Radulović, UrošConsidering that there is no law in the Republic of Serbia that stipulates the rules on the establishment of employment through specialized agencies, the subject of the research will be directed to agency employment. The Ministry of Labor came up with a draft law on agency employment, whose adoption is expected this year. Based on the draft, it can be concluded that this form of employment is a novelty in labor law, which has "lived" in practice without legal regulation so far. So for the first time we have one law, which stipulates that all the employees who work through the agency (on "leasing") will have a labor contract and the same working conditions in the future as well as employees with the employer. By studying this topic, the rules will be analyzed, envisaging the future Law on Agency Employment, the rules contained in the Labor Law and other applicable regulations. At the same time, an analysis of the comparative law, establishment and operation of employment agencies, their importance, as well as proposals for further regulation of the issue of leasing of labor or transfer of employees will be carried out.Item AKSIOLOŠKE OSNOVE USTAVNE DEMOKRATIJE I POPULIZMA(Faculty оf Law University оf Kragujevac, 2021) Matić, DejanThe paper discusses the axiological foundations of constitutional democracy and populism, as well as the influence of populist movements on law, legal processes, liberal democracy and the state order as a whole. The conceptual definition of populism in the situation of stable functioning of the political system inevitably leads to the conclusion that it represents an anomaly and an absolutely retrograde political phenomenon in the conditions of globalization and constant changes in modern societies. A serious crisis of the political system, that is, consequently, of the statelegal order as a whole, puts things on a completely new basis, providing an opportunity for a deeper and more complete understanding of the phenomenon of populism and its impact on constitutionalism and democracy.Item AKTUELNOST EDIKTA NE QUIS IN SUGGRUNDA U SAVREMENOM SRPSKOM PRAVU(University of Kragujevac, Faculty of Law, 2018) Sovrlić, MilicaIn Roman law absence of maintenance of the external parts of objects or the placement of various objects on them was sanctioned. The principle of the objective responsibility was applied and the responsible person was punished with a fine for the created state of danger. Even today when passing through the city we can see the plants on the terraces that are not secured, the facades that threaten to fall off, and the broken billboards, etc. For this reason, the issue of responsibility for endangering the safety of citizens and their property is always a priority. To point out historical aspect of legal responsibility, the author in his work starts from Roman law rules, and then analyzes domestic laws which are the backbone of the topic.Item ALTERNATIVNI INVESTICIONI FONDOVI U EU I OSVRT NA STANjE U REPUBLICI SRBIJI(Faculty of Law, University of Kragujevac, 2022) Labudović Stanković, JasminaAlternative investment funds belong to the category of institutional investors who base their activities on very risky investment strategies. They operate all over the world, especially in the so-called offshore countries due to more favorable tax treatment. In the first part of this paper, the author presents these funds in the EU, as well as the risks they can cause. In the second part of the paper, the author talks about alternative investment funds in Serbia. The adoption of the Law on Alternative Investment Funds in 2019 created conditions for the establishment and operation of these funds. The reasons for passing the law are primarily political, but also the need to attract investors and encourage the development of the domestic capital market.Item ANONIMNI SVEDOCI I ZAŠTITA LjUDSKIH PRAVA(Faculty оf Law University оf Kragujevac, 2021) Turanjanin, VeljkoТhe author deals with the problem of anonymous witnesses in the context of the right to a fair trial in the jurisprudence of the European Court of Human Rights. One of the problems in the application of Article 6 of the European Convention on Human Rights is related to the testimonies of anonymous witnesses in criminal proceedings. The case law of the European Court of Human Rights has developed certain criteria that must be followed in national legislation, but it is obvious that there is insufficient knowledge regarding this problem, as well as the reluctance to apply the mentioned rules. The standards developed by the ECtHR are very important for national laws and jurisprudence. The author explains the development of a three-step test that needs to be examined when assessing a violation of the right to a fair trial, through an analysis of a multitude of judgments, in order to provide guidance on the application of Article 6 § 3 (d) of the European Convention on Human Rights. After introductory considerations, the author explains who can be a witness under the Convention, since this question is raised independently of national legislation, and then explains the right to examine witnesses, the admissibility of testimonies by anonymous witnesses and the examination of the three-stage test, and gives concluding remarks.Item Autonomna kvalifikacija ugovora o distribuciji u međunarodnom privatnom pravu Evropske unije(Faculty of Law, University of Kragujevac, 2020) Đorđević, SlavkoItem Bankarski uslužni poslovi(Faculty of Law, University of Kragujevac, 2020) Vujisić, DraganThe subject of this paper are banking transactions where the bank does certain services to third parties by the order of its client (banking services). Specifically, these are letter of credit (documentary and ordinary), bank guarantee and documentary bills for collection. These transactions include a couple of parties, three at least and they are the bank, orderer and user (of the letter of credit guarantee), but there may be a few banks as well. Special analysis is made of legal relationships between the participants in these transactions. These banking services are often used in international transactions (sale, others) and this fact then additionally makes their application complex (implying as a rule, participation of several banks having main offices in different countries). A special emphasis is also put on their role, the documentary letter of credit as a means of payment the bank guarantee as a means of securing but often it may be of multiple character (the documentary letter of credit may also have the function of means of funding and means of securing). In addition, all these services have similiraties to other legal activities (assurance, security, contract in favour of a third party contract on crediting and the like) but they are independent and autonomous legal activities.Item Behavioral Approach to the COVID-19 Vaccination Policy: An Empirical Study in Serbia(2022) Mojašević A.; Vučetić D.; Vučković, Jelena; Stefanović, NenadThe article presents the results of empirical research on the general population’s attitudes towards the COVID-19 vaccination policy in the Republic of Serbia. The research aims to examine if and to what extent the respondents were vaccinated against COVID-19, their attitudes towards the vaccination policy, and, especially, why they did not get vaccinated or were hesitant. The research was conducted on a sample of the general population (n = 501) by distributing a specially designed questionnaire comprising twelve open and closed questions. The starting hypothesis was that there was significant resistance to vaccination and that respondents were reluctant to get vaccinated due to distrust not only of the COVID-19 vaccines but also of the Serbian health authorities and the public vaccination policy. The findings confirm this hypothesis and reveal specific reasons for resistance and hesitancy, including concerns about the vaccine’s safety, side effects, and insufficiently tested vaccines. A large number of respondents disclosed distrust in the health authorities and noted that they were not prone to changing their minds. The authors explain these reasons by numerous cognitive biases. The conclusion provides an overview of specific behavioral measures for improving the effectiveness of the vaccination policy in Serbia.Item Biblioteka Apolonovog hrama(Faculty of Law, University of Kragujevac, 2020) Vladetić, SrđanThe public libraries in the Ancient Rome, have been opened one after the other, during the time of the Augustus, as a part of his restauration. One of those libraries was the Library of the Apollo's Temple (Bibliotheca Templi Apolinis). The time of founding this library would be analyzed in this work, as well as the it's exterior and interior design, organization, its materials and services that this library provided for the users.Item Biblioteka Asinija Poliona (bibliotheca asini pollionis): prva javna biblioteka u starom Rimu(Faculty of Law, University of Kragujevac, 2020) Vladetić, SrđanThanks to Greek influence, firstly through some individuals, and after that through conquests, Romans have come to contact with books and libraries. The first Roman libraries were private collections that belong to the military commanders and to the members of higher social class. Development of public libraries starts at the end of the 1st century BC with founding of Library of Asinius Pollio. In this work it would be pointed out on when, how and where this particular library was found. In addition, it would present overview of library collection and library staff. At the end in the article services that library has provided to its clients will be presented, as well as its influence and importance for the work of other public libraries in Ancient Rome.Item BIBLIOTEKA OKTAVIJINOG TREMA(Услуге и владавина права, 2021) Vladetić, SrđanBibliotheca Porticus Octaviae, was one of the three public libraries that have been open in the time of the Augustus. In the work some of the questions that still remain unanswered will be analyzed, Some of those questions are: by whom the library has been built, to who it was dedicated and who made that dedication, and where it was located. In addition, we analyze questions of the library's collection, how it's been improved and enlarged and library's internal organization necessary for the providing of the services.Item BIBLIOTEKA TIBERIJEVE PALATE(Faculty of Law, University of Kragujevac, 2022) Vladetić, SrđanLibrary in the Domus Tiberiana are likely to be the subject of many researches and works of academics. Firstly, because the remains of the complex that Domus Tiberiana has been the integral part of are very modest and there are controversies on its location, development, reconstruction, and expansion. All of those facts are reflecting on the research of the library. There is no physical evidence of its existence, and accordingly of library design and functioning. In the research, it is possible only to lay upon sources from literature. Besides the overview on the history of construction of Domus Tiberiana, this work presents the attempt to answer several questions through the analysis of available sources. Questions such as: Do we talk about the emperor's personal library or the public one? Who were the users? How was it organized? What fields and subjects have been covered with its collection and library materials? When did the library get its name and until when it was operational?Item BIBLIOTEKA U HRAMU MIRA(Faculty of Law, University of Kragujevac, 2021) Vladetić, SrđanThe Temple of Peace (Templum Pacis) library was one of the many public libraries whose services were available to the citizens of Rome. By analyzing the Temple of Peace, where the library was placed the author will point on the location of the library, its architectural design, book fund, the ways the fund has been renewed and also its further destiny after the damage caused by fire, as well as the purpose of the Temple of Peace itself.Item BIBLIOTHECA ULPIA(Faculty of Law, University of Kragujevac, 2022) Vladetić, SrđanBibliotheca Ulpia was the public library in the city of Rome, established by the Emperor Traianus. It represents one of the most important libraries in the antic world, and it was the one that worked for the longest period of time. This work, at first, will give the overview of the Forum Traiani, where the library has been placed. Questions of financing library's construction, as well, as its exterior and interior design will be analyzed in this article. One of the subjects will be determination of contents of its funds and capacities for storage of library’s material. In addition, the organization of library and services provided by it are the issues analyzed in this work, together with the determination of the period it stopped with its work.Item BORBA PROTIV HAJDUČIJE U KNEŽEVINI SRBIJI: IZMEĐU ZAKONITOSTI I BEZBEDNOSTI(University of Kragujevac, Faculty of Law, 2018) Čvorović, ZoranThis article is concerned on social and legal phenomenon of brigandry, and it’s degradation from a form of fight for national liberation during the period of Otoman occupation into a serious criminal problem in restored Prinicipality. Accordingly, the first chapter of the article determines causes that led to massive occurrence of brigandry in Serbs during the Otoman rule.Central part of the work presents criminal and procedural actions that the Principality of Serbia enforced to contain brigandry. The fight against bringandry is analyzed from the point of numerous legal documents dedicated to this criminal act, enacted from the beginning of Milos Obrenovic’s rule to the moment the first Serbian Criminal law (Kaznitelni zakon za Knjazevstvo Srbiju) was adopted. In that respect, exceptional character of specific measures that the state was undertaking against brigands is studied in this article, and in particularly their relation to principles of legality and to specific basic personal rights guaranteed by (so called) Turkish Constitution from 1838.Item „BUDžETIRANjE OD NULE“ KAO POLUGA EFEKTIVNOSTI JAVNIH USLUGA(Услуге и владавина права, 2021) Lapčević, MilivojeIn this paper, the author's attention will be paid to the analysis of the so-called " Zero-Base Budgeting ", in many ways a specific format of public budgeting. It is about the approach to public budgeting through was made the greatest shift in relation to the classic model of planning the financial coverage of public goods and services. The paper will indicate the extent to which the application of this budget model is appropriate to improve the quality of the public service system. The basic advantages that have popularized this budget technique in certain countries will be pointed out, as well as the reasons that influenced the national managers to give up from the full application of this budget-technical solution.