Faculty of Law, Kragujevac
Permanent URI for this collectionhttps://dspace.unic.kg.ac.rs/handle/123456789/8213
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Item Kriminalistika(Pravni fakultet Univerziteta u Kragujevcu, Institut za pravne i društvene nauke, 2012) Simonović, BranislavItem INTERVIEW WITH IVAN DJOROVIC, HEAD OF POLICE, KRAGUJEVAC, SERBIA(2010) Simonović, BranislavBS: 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.Item Video surveillance of the employees between the right to privacy and right to property after lópez ribalda and Others V. Spain(2020) Turanjanin, VeljkoThe tension between safety and privacy has become an important issue in the modern world. Video surveillance systems are indeed powerful tools for fighting crime on the one hand, and for the protection of property from theft on the other. The European Court of Human Rights (ECtHR) has examined the issue of video surveillance in many of its decisions. In this work, the author analyses the issue of video surveillance over employees and its influence on fundamental human rights and freedoms. He elaborates upon the ECtHR's case of López Ribalda and Others v. Spain in order to identify the balance between the right to privacy and the right to property. This is a case from the civil law, but with elements that could may be used in the criminal proceedings. Furthermore, it is important to determine when exactly the video footage of employees may be used as evidence in criminal proceedings. After the introductory remarks, the author briefly deals with the facts of the above case and explains the basic applicable international legal acts. He then observes the issue of video surveillance from two points of view - those of Article 8 and Article 6 of the European Convention on Human Rights and Fundamental Freedoms (ECHR). Finally, he concludes that the ECHR took the right direction in establishing the balance between the protection of property and the right to privacy.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 Community Service as a Criminal Sanction in Serbian Criminal Legislation(2022) Ćorović E.; Turanjanin, Veljko; Spasić, DraganaThis paper analyses the normative framework governing the punishment of community service in Serbian criminal legislation. In this legislation, community service is prescribed as a criminal sanction. Accordingly, the paper has analyzed the provisions of every law that regulates this criminal sanction as well as statistics. A good normative framework is a precondition for the proper implementation of all legal institutes, including community service. Comprehensive analysis of the substantive, procedural, and executive regulations related to the punishment in question, seeks to identify certain failures in its regulations, as well as to give certain suggestions de lege ferenda.Item DIGITALIZATION AND ARTIFICIAL INTELLIGENCE: NEW DIMENSIONS IN TOURISM(University of Kragujevac, Faculty of Hotel Management and Tourism, 2022) Lučić, SonjaArtificial intelligence (AI) offers a wide range of opportunities that increase productivity in the tourism sector. Travel companies use AI for various administrative tasks as well as for customer support. Hotels and other travel companies have already used chatbots on social media platforms and instant messaging apps. In addition to customer support, AI may be used in tourism for quick and accurate collection, sorting and interpretation of data. The author in this paper will point out the positive impact of AI and digitalization in the tourism sector. Besides that, the author will explore the ways in which the new possibilities of digital technologies can make travel services more accessible, easier and more customized in the future. Yet, the research will show that in tourism, the replacement of the human factor with artificial intelligent technologies in certain situations is still impossible and undesirable.Item THE ROLE OF TRAVEL HEALTH INSURANCE IN TOURISM DEVELOPMENT - CHALLENGES AND PERSPECTIVES(University of Kragujevac, Faculty of Hotel Management and Tourism, 2021) Glušac, DanijelaTravel health insurance is insurance for travellers during their travel and stay in a foreign country in case of necessary assistance in connection with the arrangement and provision of necessary treatment, transport to the medical institution or country of residence, due to sudden illness or injury of the insured. The onset of the COVID-19 pandemic mainly affected this area of insurance, and therefore, insurers were presented with challenges. The need for research on travel health insurance can be seen in the complexity of the relationships, types and modalities. The author analyses the essential characteristics of this type of insurance, indicating the legislative framework and contract regulation in general and special conditions of insurers. This paper aims at contributing to research of travel health insurance. This study will significantly to the limited literature on travel health insurance, and it will have an implication on the insurance sector for further diversification of their productsItem PRAVA PUTNIKA KAO KORISNIKA USLUGA PREVOZA U DRUMSKOM SAOBRAĆAJU(University of Kragujevac, Faculty of Law, 2022) Miladinovic, ZoranIn all types of transportation, passengers are the weaker party to the contract of transportation and do not have the possibility to contractually oblige the carrier to fully respects its obligations of orderly execution of transportation. Noticing the problems that passengers as users of transport services encounter in all types of transport, the EU as a regional organization has taken significant steps in the last few years in terms of protecting passengers as a special category of consumers in all types of transport, which means also in road transport. The essence of the adopted regulations is the enhanced protection of passengers in the sense that passengers are recognized (guaranteed) with certain rights when they suffer certain inconveniences or damages due to traffic disruptions. The adopted regulations established a whole range of passenger rights, that is numerous obligations and responsibilities of carriers for non-fulfilment or improper fulfillment of their obligations to passengers, which are mainly the result of traffic disruptions (delayed departure, cancellation of departure, trip interruption, etc.) are established. In essence, it is about increased protection of passengers in relation to current international and national regulations, because carriers are sanctioned for the irregular performance of their contractual obligations. The rights of passengers as users of transportation services in road traffic are regulated by EU Regulation no. 181 from 2011. The essence of this Regulation is that passengers are granted some special rights in the event of a delay in the departure of the means of transport, a delay in the course of transport, an interruption of the trip, etc. By recognizing these special rights, passengers are provided with stronger legal protection compared to the general rules of civil law. In accordance with the determination of the Republic of Serbia to become a member of the EU, which also means that it must harmonize its legislation with EU law, it was to be expected that Serbia would make appropriate changes to the regulations in this area in order to harmonize them with EU law, however, when it comes to the road transport of passengers, Serbia to this day she has not done so. liability of the road carrier.Item USLUGA IZVRŠENjA NOVČANOG POTRAŽIVANjA NA ZARADI LICA LIŠENOG SLOBODE – TEORIJSKA I PRAKTIČNA OPRAVDANOST INSTITUTA(Faculty of Law, University of Kragujevac, 2022) Milojević, MarijaIn this paper, the author analyzes the justification of the introduction of the execution of a monetary claim on the earnings of a person deprived of liberty in the Serbian legislation. The subject of the work is divided into three parts. In the first part, the possibility of compensating the injured person from convict’s labor earnings is analyzed, which is necessary for three reasons: in order to comply with the principle of restorative justice, the principle of compensation for damages and international standards regarding the rights of persons injured by a criminal act. The second part examines the possibility of settlement from the prisoner's earnings when it is not about the compensation for the victim but about the monetary claim of other persons. The realization of the principle of compensation for damages is given here as a reason for justification. In the end, the author gives a special review of what effect the execution on the earnings of a person deprived of liberty could have on the rehabilitation of the convict, the fulfillment of the purpose of labor treatment and the guaranteed rights of persons deprived of liberty. In this regard, it is recommended that the execution of compensation on convict’s labor earning has certain limitations.Item ULOGA RAZVOJNE AGENCIJE SRBIJE U PODSTICANjU INVESTICIJA(Faculty of Law, University of Kragujevac, 2022) Brašić Stojanović, JovanaThe Republic of Serbia, like many modern countries, saw the realization of new investments and the arrival of foreign capital on its soil as a way to solve pressing economic problems and overcome the unfavorable financial situation. In order to encourage investment, numerous economic policy measures are taken, various instruments and mechanisms are used, numerous bodies are established with the purpose of contributing to the improvement of the investment climate and facilitating the entire process of realization of the investment project. In order to facilitate the realization of the general interest, the Development Agency of Serbia was established by a special law, whose main fields of activity are investment and export affairs. The Development Agency of Serbia has the legal status of a public agency, and its core activity consists of development, professional and regulatory tasks, which are considered to be more effective than state administration bodies. By providing services of general interest to investors and other economic actors, the Development Agency of Serbia influences the stimulation and direction of economic development. The question of its legal nature and status, although complex, is not questioned, but its competences are broad, bearing in mind the interweaving of the interests of different parties in the field of its activity.Item OSNOVNI PRAVNI I ETIČKI PROBLEMI U VEZI „USVOJENjA EMBRIONA”(Faculty of Law, University of Kragujevac, 2022) Vlašković, VeljkoThe rules which, under certain conditions, enable the donation of embryos not used in the procedure of homologous medically assisted reproduction, respect to a certain extent the special moral status and limited natural capacity of an embryo. The mentioned possibility is also accepted by domestic law on medically assisted reproduction, so that spouses or cohabitants can agree to donate their unused embryos to another infertile married couple, cohabitants or single woman. From the aspect of embryo recipients, such services are often referred to in the legal literature as "embryo adoption", since their ultimate goal is to establish legal parenthood in favor of the intended parents. Although this expression is terminologically incorrect because "adoption of an embryo" cannot be equated with "adoption" of a child, in this way an attempt is made to preserve, to the extent possible, the moral status of the embryo. In this context, allowing the intended mother of the child to have the experience of giving birth and becoming psychologically attached to a child that is not genetically hers even before its birth, is not ithe primary goal.Item UGOVOR O NASLEĐIVANjU KAO INSTRUMENT MORTIS CAUSA RASPOLAGANjA(Faculty of Law, University of Kragujevac, 2022) Đurđić Milošević, TamaraThe demands of modern legal transactions that initiate the expansion of private law autonomy pertaining to death, impose at the same time the need for the reform of inheritance law in the direction of introducing more flexible instruments for the transaction of goods and services. In favour of more extended private law autonomy mortis causa, speaks the ongoing process of so-called contractualization of inheritance law, which is reflected in the introduction of inheritance agreements, as a flexibile instruments of transfer of the goods. One of the representatives of these contracts is the inheritance contract as an important instrument of estate planning, whose introduction is provided by the request of the modern market. The legal proposal of their introduction into Serbian law is included in the Draft of Serbian Civil Code, as well. That is why the research of this institute is a burning issue in the contemporary legal doctrine and requires specific attention, with the final aim to accelerate the circulation of services and goods in the 21st century.Item UPRAVLjANA KONKURENCIJA NA TRŽIŠTU ZDRAVSTVENE ZAŠTITE(Faculty of Law, University of Kragujevac, 2022) Labudović Stanković, JasminaThe work is dedicated to the so-called model managed competition in the healthcare market. The reason for the creation of this model is the necessity to reduce the high costs burdening many states. Although much was expected from managed competition, the effects did not match to expectations. Additional costs and other shortcomings appeared. The healthcare market is a very specific market that cannot be compared with other markets of goods and of services. Therefore, "the market should not control the right to life, that is, access to health services."Item NORMATIVNA ZAŠTITA OD SEKSUALNOG UZNEMIRAVANjA NA UNIVERZITETU U KRAGUJEVCU(Faculty of Law, University of Kragujevac, 2022) Đorđević, SrdjanThe importance of the protection of human rights in the overall process of social development has caused the need to pay more attention to this issue, both at the national and international level. It should be pointed out that the issue of normative protection is extremely important for citizens because it promotes the importance of human rights in general, but also the sanctioning of any form of their violation. Therefore, discrimination as an extremely harmful phenomenon must be clearly recognized, but mechanisms must also be designed to eliminate all the harmful consequences that occur through the implementation of discriminatory behavior. It"s very important to point out that in this area too, preventive actions and actions that should be aimed at mechanisms to prevent discriminatory behavior towards any individual are of great importance. If this type of behavior does occur, it is necessary to devise mechanisms through which the person who discriminates will be adequately sanctioned, as well as mechanisms that will be directed to remedying all the harmful consequences suffered by the discriminated person. The subject of this article will be a special type of discrimination, primarily gender and sexual discrimination, which refers to sexual harassment.Item PRAVNA PITANjA SMRTI ČOVEKA KAO USLOVA ZA TRANSPLANTACIJU ORGANA(Faculty of Law, University of Kragujevac, 2022) Živojinović, Dj, DragicaThe concept of death - determining the moment when a person dies, is mostly in domain of medicine and natural sciences. However, this concept is not unknown to lawyers as well, particularly in the context of organ transplatation. Namely, one of the prerequisites for harvesting organs of the decesed, a potential organ donor, for transplantation purposes is that his death is diagnosed with certainty. In that context, the subject of the author's research is to review the current European supranational and national laws which regulate the issue of organ transplantation in relation to diagnosing the death of the organ donоr. In the first part of the paper, the author reviews the importance of complying with the „dead-donor rule“ and points to the medical concept of the moment of death. The second part of the paper is dedicated to to the analysis of the current state of legislations regulating organ transplantation. The author finds out that formal legal concept of the moment of death in European laws is developed according to the model existing in contemporary medicine. She also points to the fact that most legislations take brain death as the moment of human death but, also, that a number of European legislations reaquire, in addition, the existance of circulatory (cardiac) death for the determination of death. This double concept of the moment of death is considered more functional and appropriate in terms of closing the gap between the supply and demand of organs suitable for transplantation. Finally, the author concludes that death should be diagnosed by at least two medical professionals of certain specialties who will do it independently from each other.Item USLUGE ORGANIZACIJA ZA BORBU PROTIV NASILjA U PORODICI(Faculty of Law, University of Kragujevac, 2022) Bataveljić, DraganIn the paper, the author points to the constant increase in domestic violence. This phenomenon has been particularly intense in the last few decades and represents a very significant problem. First of all, women and children are exposed to this violence, but for almost two decades, men have also suffered from domestic violence. We meet this phenomenon in the Republic of Serbia, as well as in other countries of the world. This problem is particularly expressed in the United States of America. The Republic of Serbia is trying to solve this problem by passing appropriate laws and adopting the National Strategy for the Prevention and Suppression of Violence. That is why domestic violence has become the subject of wider social discussion and scientific research. It was also characterized as a criminal offense by the adoption of the Criminal Code and the Family Law from 2005. Our society's answer is unambiguously, because the Constitution of the Republic of Serbia from 2006 guarantees every person equal legal protection without discrimination. This one, the highest general legal act, guarantees to every citizen of our country, the dignity and free development of personality, the inviolability of mental and physical integrity. That is why, in our country, there are numerous authorities responsible for preventing domestic violence and providing protection and support services to victims. Numerous legal and natural persons and associations, as well as non-governmental organizations, have a significant role in the provision of these services. Special attention is dedicated to the protection of minors and the realization of their rights, safety and security. Finally, a large increase violence against men is evident in the last decade. In order to protect, support and provide services to victims of violence, regardless of gender and age, there is an increasing number of safe houses, as shelters for vulnerable persons.Item ULOGA POVERENIČKE SLUŽBE U IZVRŠENjU VANZAVODSKIH SANKCIJA I MERA(Faculty of Law, University of Kragujevac, 2022) Sokovic, SnezanaLess than two decades of wider application of alternative criminal sanctions and measures in domestic legislation and practice is characterized by the constant improvement of normative, organizational and personnel capacities, but also by the persistence of certain obstacles, both in the imposition of these measures and sanctions, and in the process of execution of the pronounced sanctions and measures. The subject of this work is a critical review of the phase of execution of non-custodial sanctions and measures, primarily from the aspect of the role of the probation office in this process. The analysis of the normative framework and the situation in practice shows that the application of non-custodial sanctions and measures in practice does not reflect all the possibilities of the normative system and is still not functional to the extent that it could be concluded only on the basis of a positive growing trend of application. The non-custodial system is a relevant approach to the reduction of the prison population, but it still does not function as a stable and functional part of the overall formal reaction to criminality, which affects the decline of the prison population and relieves prison capacity, reduces recidivism and strengthens the processes of social (re)integration of criminal offenders. A planning and analytical approach to the improvement of the organizational and administrative capacities of the probation office is a key condition for the sustainability and improvement of the efficiency of the non-custodial system.Item PRAVO NA PRIVATNOST U MEDIJIMA(Faculty of Law, University of Kragujevac, 2022) Kijevčanin, RužicaIn the paper, the author will discuss the right to privacy in the media, as an issue that attracts attention every day and affects other spheres of life. On this path, first of all, he will define the concept of media, not stopping at the legal regulation, but taking into account the factual situation and the novelties brought by technological development. The new concept of the term media implies numerous advantages, but also negatives. On the one hand, sources with numerous, diverse information have never been more accessible to citizens, while on the other hand, we see great confusion and wandering in an unknown space that is challenging and full of dangers. The right to privacy, it seems, has never been more threatened, and we are definitely responsible for such a situation. There is a lot of unregulated space that needs to be covered by legal regulations, and in this sense it is important that we act as soon as possible, so that, first of all, we become aware that each of our clicks means a potential problem, that is, consent to give a part of ourselves to the unknown, and then protect ourselves and secure the future .Item O ZNAČAJU PRINCIPA „ZAGAĐIVAČ PLAĆA“– OSVRT NA POJEDINE ASPEKTE(Faculty of Law, University of Kragujevac, 2022) Stojanović, PredragThe "polluter pays" principle is one of the basic principles in the field of environmental protection both at the level of national and international public policies. The scope and application of this principle have changed over the past half century. There is a whole set of instruments this principle is realized through, both command-control and economic, and the ways of their application are determined differently. In order for the costs of pollution not to be borne by the entire society, the polluter should be responsible for each emission of pollution. Although it is grounded in the rules on objective liability, the "polluter pays" principle is different both in terms of the liability conditions and in terms of the object of protection, and is at a slightly "higher level" than the classical grounds of liability.Item OSTVARIVANjE PRAVA KORISNIKA TELEKOMUNIKACIONIH USLUGA(Faculty of Law, University of Kragujevac, 2022) Mihajlović, BorkoThe field of electronic communication services in Serbia is characterized by a significant number of complaints filed by consumers. The most common problems encountered by consumers in Serbia in this area are related to the limited right of choice, obstacles in exercising the right to change a service provider, low or inadequate quality of services provided, unfair provisions in consumer contracts, etc. The author analyzes the deficiencies in the existing legal framework, as well as problems in the implementation of existing legal rules, by reviewing the relevant formal sources of law and general usiness conditions of the largest telecom operators in Serbia. Prior to that, the author carried out the analysis of the definition of the main participants in the relationship created by the provision of telecommunication services, in order to identify the sources of law applicable to the contract on the provision of telecommunication services.