HISTORY

The Glasnik of the Bar Association of Vojvodina was founded as a professional journal on June 1st 1928 by the Bar Association in Novi Sad, currently the Bar Association of Vojvodina. It is one of the oldest legal journals not only in Serbia, but in the region of the former Yugoslavia, which has been continually published. Since 1981 it has been classified as a journal of legal theory and practice. In the first half of 1996 it established criteria that apply to the rank of scientific publications, while since 2004 it has had the status of a scientific journal, in accordance with the criteria set by the Ministry of Science of the Republic of Serbia. The journal publishes original scientific articles, discussions, legal essays, case studies from the history of law, book reviews, texts which relate to the legal practice and reports on the work of the Bar Association of Vojvodina. The Glasnik primarily publishes legal scholars, professors and assistant professors form faculties of law, together with lawyers and judges, as well as other legal experts, but also experts whose practice relates to law. The journal is published quarterly.

CURRENT ISSUEIssue 3/2020

Committing the most dangerous convicts to serve prison sentences

Author: Ivan D. Milić, Ph.D.
Faculty of Law, University in Novi Sad

ABSTRACT
There are more than thirty penal institutions in the Republic of Serbia in which persons deprived of liberty “reside” due to different reasons as prescribed by law. A convicted person is committed to serve a prison sentence after the final court judgement. This is the rule, however, there is an exception. The position of a convict while serving a prison sentence depends on the type of penal institution in which the convict serves the sentence. There are many circumstances prescribed by law that determine to which penal institutions a convict will be committed to. Since 2009, there have been special rules on serving prison sentences for a certain category of convicts in the Republic of Serbia. This is when the Law on the Enforcement of the Prison Sentence for Criminal Offenses of Organised Crime was enacted. The author focuses on the committal of the most dangerous convicts to serving prison sentences. In this regard, the author points out who the most dangerous convicts are, where they serve the prison sentence, and how the procedure of committing the convict to serve the sentence is organised.
Keywords: convict, referring, court, prison sentence, organised crime, Special Department.

CURRENT ISSUEIssue 3/2020

Personal data protection from the criminal law perspective

Authors: 
Miloš B. Sekulić; Ph.D. student of the Faculty of Law, University of Novi Sad
Gordan Grujić; Ph.D. Student at the Faculty of Law for Commerce and Judiciary, University Business Academy in Novi Sad

ABSTRACT
The right to privacy is one of the fundamental human rights that serves to realize a man as a social being and protect the private spheres of their life. Even though this right can be looked at in different ways, due to the modern development of information and communication technologies, it is largely related to personal data and their availability to other persons. In that sense, the right to privacy is also protected via personal data protection. The basis for such protections in Serbian law has already been implemented in the Constitution of Serbia, and by adopting a new Personal Data Protection Law, the legislator has shown their determination to intensify and expand that protection. As it relates to criminal justice protection, a separate criminal offence of unauthorized collection of personal data is prescribed in Article 146 of the Criminal Code. The authors of this scientific paper will try to expose the threat to the right to privacy and personal data, and to give a clearer picture of how criminal justice protection of these values is realized in the Serbian law by presenting the elements of the aforementioned crime.
Keywords: the right to privacy, unauthorized collection of personal data, Criminal Code, Law on Personal Data

CURRENT ISSUEIssue 3/2020

The arbitration clause in general terms and conditions of business transactions: current trends in international trade versus consumer arbitration

Author: Slobodan Vukadinović, Ph.D.
Union University Faculty of Law in Belgrade and The Institute of Comparative Law, Belgrade

ABSTRACT
This paper shows the diverging tendencies in the understanding of the arbitration clause contained in the general terms conditions of business transactions (GT&CBT) in (international) commercial law and consumer protection law. The results show that inverse logic is currently used regarding the issue of bringing attention to the arbitration clause contained in a GT&CBT and the necessity for such an arbitration agreement to be contained in a separate and personally signed document. International commercial arbitration, encompassing both legal dogma and arbitration and court praxis, has shown a tendency towards a more liberal and flexible understanding of the written form in the past several decades, in terms of the validity of the arbitration clause contained in a GT&CBT referred to in an underlying substantive contract. By contrast, in consumer protection law, there is a tendency for the arbitration clause contained in a GT&CBT, which has not been brought to attention, to be considered a null and void provision. Namely, it is required for the arbitration clause to be contained in a separate document signed by both parties. This points to the conclusion that special attention should be paid to consumer disputes that are to be resolved by arbitration, while court and arbitration praxis in international commercial disputes lately records cases in which the court explicitly took the opposite position. Traders’ claims stating that they were not aware that the GT&CBT contained an arbitration clause and that no attention was drawn to it are considered unfounded by the courts. Namely, the application of both GT&CBTs and arbitration in international trade are, nowadays, considered ordinary.
Keywords: arbitration, arbitration clause, alternative dispute resolution, arbitration agreement, contract, general terms and conditions, prorogation of jurisdiction, consumer.

CURRENT ISSUEIssue 3/2020

Legal and historical overview of the protection of possession in Serbian law

Author: Biljana Gavrilović
Ph.D. student; Faculty of Law, University of Kragujevac

ABSTRACT
The subject of this analysis are the mechanisms of possession according to the Serbian Civil Code and the Code of Civil Procedure from 1929, during the period between 1844 and 1941. The development of the protection of possession during this period is mostly reflected in the fact that possession in the Principality of Serbia and the Kingdom of Serbia was protected, first of all, by means of criminal justice, while in the Kingdom of Yugoslavia, this role was played by civil law. Although possession and its protection in the Principality of Serbia and the Kingdom of Serbia were also regulated by civil-law norms, the people were still relying on the criminal justice system to get protection. Beside the many ambiguities in the Serbian Civil Code related to it, the protection of possession was not regulated separately from standard civil procedures in the Code of Civil Procedure from 1865. Thus, only when the Yugoslav Code of Civil Procedure went into effect did possession get proper, civil-law protection on the territory of Serbia.
Keywords: possession, Serbian Civil Code, protection of possession, civil procedure

CURRENT ISSUEIssue 3/2020

Representatives of companies

Author: Sima Knežević, Ph.D.
Bar Association of Vojvodina

ABSTRACT
This paper explores the mechanism of representation and its core purpose, compares the regulations on representation found in the Law of Contracts and Torts and the Companies Act, and references different legal solutions. Furthermore, it discusses the term “legal (statutory) representatives” used in the Companies Act and points out the confusion caused by the use of this term in relation to other laws, as when used elsewhere it has a different meaning. In the end, we analyse the regulations found in the Companies Act, as they relate to legal (statutory) representatives of companies, other representatives, ex officio representatives, and procurators.
Keywords: representation, legal representatives, companies, procuration

CURRENT ISSUEIssue 3/2020

Creating justice and law through the juxtaposition of the representations of Odysseus and the Suitors

Author: Željko Kaluđerović, Ph.D.
Faculty of Philosophy, Novi Sad

ABSTRACT
In the paper the author analyses Homer’s specific representation of justice, primarily from the perspective of his Odyssey. In this epic we can identify an additional dimension of justice, beside the characteristics of equivalence and correlativity and the principle “might makes right” which were mentioned in the previous essay, and that is its implied application in inter-polis relations. In addition, we should add the special position that belongs to Zeus, through whom the Hellenes should comprehend that justice is necessary for the resolution of their conflicts. As the highest representative of justice in general, Zeus punishes those whose acts are not in compliance with justice, which, in the end, tells the Achaeans that they should establish a community founded on justice – the polis.
Keywords: Homer, Odyssey, justice, law, inter-polis relations, Zeus, Hellenes, morality

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