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 ISSUE OF GLASNIKISSUE 3/2025
Authors:
Veljko Turanjanin, Ph.D.
Faculty of Law, University of Kragujevac
Mladen Jeličić, Ph.D.
Misdemeanor Court in Šabac
ABSTRACT: In this paper, the authors analyze the principle of non-punishment of victims of human trafficking through the prism of international legal standards in this field and the situation in the Republic of Serbia. Following introductory remarks on the importance of this issue, the authors point to the international legal framework underpinning the mentioned principle, as well as to examples from comparative law and the case law of the European Court of Human Rights. Given that the application of this principle in practice implies the prior identification of victims of human trafficking, the paper analyzes this procedure in the Republic of Serbia. Particular attention is paid to the Center for the Protection of Victims of Human Trafficking, which is the only state body competent for the implementation of this procedure. The authors then consider this issue from the perspective of GRETA’s third report and also address the current steps being taken by Serbia to fulfill its international obligations; accordingly, a summary analysis is provided of the provisions of the Draft Law on the Suppression and Prevention of Human Trafficking and the Protection of Victims in terms of the principle of non-punishment. The authors conclude that implementing the principle of non-punishment of victims of human trafficking into the current legal system of the Republic of Serbia, in line with international standards, should be accompanied by corresponding amendments to the Criminal Code, the Criminal Procedure Code, and the Law on Misdemeanors.
Keywords: human trafficking, victim, non-punishment of victims of human trafficking, criminal proceedings, misdemeanor proceedings
Author:
Milana Pisarić, Ph.D.
Faculty of Law, University of Novi Sad
ABSTRACT: The detection of tax crimes in Serbia falls within the jurisdiction of the Tax Administration, and these tasks are carried out by the Tax Police. Its activities are functionally linked to tax audits conducted by tax inspectors, since, in the course of establishing facts in an audit, information may emerge indicating grounds for suspicion that a tax crime has been committed. At that point, the role of the Tax Police is “activated,” and it acts in pre-investigation proceedings as a law enforcement authority. Tax inspectors and Tax Police inspectors are authorized to take certain measures and actions to collect information and evidence that may be relevant to criminal proceedings for tax crimes. This raises the question of whether their powers are adequate for the effective detection of tax crimes and their perpetrators. To answer that question, this paper analyzes the legal framework governing the actions of the Tax Administration, which is crucial for combating this form of financial crime. The results of a comprehensive analysis clearly indicate the need to improve the domestic legal framework, and the paper sets out certain de lege ferenda proposals for legislative intervention.
Keywords: tax crimes, Tax Administration, tax audit, Tax Police
Author:
Petra Stanojević
Institute of Social Sciences
ABSTRACT: The Constitution of the Republic of Serbia guarantees the right to a healthy environment, while the Law on Contracts and Torts leaves room for compensation for non-pecuniary damage arising from the violation of personal rights. The paper analyzes whether the right to a healthy environment is considered a personal right, what constitutes its violation, and whether a lawsuit for compensation for non-pecuniary damage arising from the violation of this right is the most effective mechanism for protecting the rights of persons endangered by pollution.
Keywords: right to a healthy environment, personal rights, pollution, non-pecuniary damage, state liability, environmental law, tortious liability
Author:
Ratko Gavranić
Bar Association of Vojvodina
ABSTRACT: The Law on the Protection of Whistleblowers of the Republic of Serbia has been applied in court practice for almost ten years. Inspired by this fact, the author, relying on the existing normative framework and the positions taken in case law, addresses key issues relevant to the judicial protection of whistleblowers. These issues concern the application of the Law on the Protection of Whistleblowers, statutes of limitations for whistleblower protection, passive standing in whistleblower protection proceedings, court jurisdiction, the existence of a causal link between acts of whistleblowing and harmful actions, and, finally, interim measures for the protection of whistleblowers as the most effective means of whistleblower protection. In order to cover the application of the Law throughout the territory of the Republic of Serbia, the paper analyzes the case law of all four appellate courts in the country, as well as the practice of the Supreme Court.
Keywords: whistleblowers, judicial protection of whistleblowers, Law on the Protection of Whistleblowers, case law
Author:
Jelena Radovanović
Faculty of Law, University of Belgrade
ABSTRACT: Redundancy has become an increasingly prevalent problem in many sectors and organizations. The reasons for redundancy are numerous. Technological advances, which often replace labor with machines and software, as well as inefficient work organization within a company or economic and financial crises, such as the crisis caused by the COVID-19 pandemic, can lead to a situation where a certain number of employees become redundant. The consequences of this situation are profound, as individuals who lose their jobs face financial difficulties, while society faces rising unemployment. However, there are solutions to this problem. This applies in particular to the various instruments for dealing with redundancy, the most important of which are employment measures, including employee reassignment, which is the focus of this paper. Reassignment is one of the key measures used for effective human resource management, thereby preventing collective dismissals. This practice allows employees to move from one position to another, within the same organization or even within a broader system. Therefore, this paper will analyze measures for resolving redundancy, with particular emphasis on employee reassignment, while identifying issues related to concluding an employment contract amendment, what is considered another “suitable” position, and the abuse of the employer’s powers related to determining employment measures.
Keywords: employee reassignment, job change, redundancy, employment contract amendment
Author:
Anja Balšić
Faculty of Law, University of Belgrade
ABSTRACT: This paper aims to explain the nature of employees’ right to severance pay in situations where the employer resorts to collective dismissal due to economic, organizational, or technological changes. The validity of setting up public funds that would, together with the employer, participate in the payment of severance and their financing is called into question, as well as the possibility for foreign investors to use money from public funds in the event of collective dismissal. The author also identifies a problem related to employers’ autonomy to make business decisions on economic, organizational, and technological changes and the (un)justified interference of courts in such decisions. The paper also offers a recommendation regarding the moment that is considered relevant for determining whether certain persons are affiliated, for the purposes of exercising employees’ right to severance. Certain solutions adopted by domestic legislation are criticized, and potential future solutions are proposed. Employees’ right to severance pay is primarily examined from the perspective of domestic positive law, but comparative-law solutions are also mentioned with respect to certain related institutes. A brief overview is also provided of other measures that an employer can take before terminating employment contracts on the stated grounds and paying severance.
Keywords: severance pay, collective dismissal, redundancy, public funds, employment measures
ISSUE 2/2025
Author:
Jelena S. Radmanović
Faculty of Law, University of Novi Sad
ABSTRACT: The criminal offense of unauthorized wiretapping and audio recording has long been an integral part of the body of criminal offenses established under domestic criminal legislation. Until now, due to its peculiarities (specifically the fact that the basic forms of this offense under Article 143, paragraphs 1 and 2, are prosecuted by private action), it has not occurred frequently in practice. However, with the development of technology, the possibilities for committing this offense have significantly increased. Today, most citizens possess the means, or rather, the devices, suitable for committing it. For this reason, it is necessary to analyze in detail the individual elements of this offense in order to avoid inconsistent interpretation and application in practice. Furthermore, it is essential to set the boundaries of criminal unlawfulness regarding this act, since the values it protects are, in certain situations, not more significant than the values that may be protected by its violation. Accordingly, it is necessary to prescribe special conditions for the exclusion of unlawfulness, the content of which this paper will seek to propose.
Keywords: unauthorized wiretapping and audio recording, Criminal Code, right to privacy, freedom of expression, unlawfulness
Author:
Miljana Buha, Ph.D.
Faculty of Law, University of Banja Luka
ABSTRACT: The procedural position of the injured party is the most favourable pursuant to the Criminal Procedure Code of Republika Srpska, when compared to other criminal procedure laws of Bosnia and Herzegovina. Namely, the injured party can submit a motion to present evidence that is important for the subject claim and they can assume criminal prosecution after the indictment has been confirmed.1 However, what is the importance of these procedural rights of the injured party if they do not have the right to appeal a judgment on the basis of an incorrect or incomplete finding of facts? It is particularly important to improve the procedural position of the injured party when it comes to discovering and proving the criminal offense of human trafficking. As the purpose of human trafficking is, unfortunately, acquiring material gains by exploiting the victims of human trafficking, the confiscation of assets acquired through the criminal act appears to also be a useful means to compensate the victim, even when the criminal procedure is not completed due to procedural issues related to running the proceedings. The court is not required to decide on a property claim in criminal proceedings if that would delay the criminal proceedings, which is an additional reason why the confiscation of assets acquired through the criminal act is an efficient measure via which every person that is the victim of human trafficking can realize their right to compensation.
Keywords: injured party, property claim, human trafficking, confiscation of assets
Author:
Bojana Arsenijević
Faculty of Law, University of Niš
ABSTRACT: The Act on Establishing the Facts about the Status of Newborn Children who are Suspected of Having Disappeared from Maternity Hospitals in the Republic of Serbia was adopted in 2020; colloquially known as the Missing Babies Act, it regulates the right of parents and relatives to fair monetary compensation for nonpecuniary damages in cases of violations of their right to respect the family life. This paper is the first paper that analyses the results of the implementation of this Act in regards of awarding non-pecuniary damages. Empirical research was conducted at the Higher Court in Novi Sad, the Higher Court in Belgrade, the Higher Court in Kragujevac, and the Higher Court in Niš. Using the statistical and the random sample methods, the research analyses court cases involving request for compensation of non-pecuniary damages resulting from the infringement of one’s right to respect for family life in the “missing babies” cases. The paper also examines the earlier judicial practice in cases with similar factual situations, with special reference to the judgment of the European Court of Human Rights in the case of Zorica Jovanović v. Serbia (App. no. 12794/08). Furthermore, using the normative and comparative law methods, the paper presents an analysis of non-pecuniary damages and its purpose. The paper aims to provide a theoretical and empirical analysis of court judgments awarding non-pecuniary damages in the “missing babies” cases for violation of the right to respect for family life. According to the research findings, the parents’ decades-long struggle yielded a Pyrrhic victory in the form of monetary compensation for non-material damages but, in the vast majority of cases, no facts were established regarding the actual fate of the missing children.
Keywords: The Missing Babies Act, case Zorica Jovanović v. Serbia, purpose of non-pecuniary damages, just satisfaction, empirical research
Author:
Ratko Gavranić
Bar Association of Vojvodina
ABSTRACT: Within the legal framework of the Republic of Serbia, temporary and occasional work represents one of the most prominent forms of flexible employment. Despite its significance, this specific type of flexible work remains largely underexplored and overlooked in domestic legal literature. However, given that labour market flexibilization (hereinafter: labour flexibilization) and flexible employment are currently highly relevant topics, many publications do address the issue of temporary and occasional work within this broader context. This paper seeks to explore the extent to which this form of employment genuinely contributes to labour flexibilization and where the boundaries of such flexibility should be drawn. It particularly scrutinizes the exact point at which the use of this employment model crosses into the territory of misuse, i.e., “flexploitation” of individuals engaged in such work, as well as their legal standing. The core of the paper, which addresses the misuse of temporary and occasional work, is grounded in judicial practice, as the substantial body of case law on this topic provides significant insights.
Keywords: temporary and occasional work, flexible employment, flexploitation
Author:
Jelena Radovanović
Faculty of Law, University of Belgrade
ABSTRACT: A fixed-term employment contract is a flexible form of employment that allows employers to respond to the temporary needs of the labour market. However, in practice, this form of employment is often abused, which leads to employee insecurity and violations of labour rights. This paper analyzes the legal framework and purpose of fixed-term employment contracts and identifies the most common forms of abuse. In the conclusion, recommendations for improving legislation and strengthening supervision over the implementation of fixed-term employment contracts in order to reduce abuses and improve the protection of workers’ rights are provided. The starting hypothesis of this paper is that the positive legal provisions have not clearly determined the situations in which a fixed-term employment relationship can be established, thus, it is necessary to determine precise and concrete circumstances that characterise a certain activity which can only exceptionally justify the absence of the need for a permanent or longer lasting employment of the employee, as well as that insufficient capacities for labour inspection and other mechanisms to prevent abuse of fixedterm employment contract facilitate violations of regulations in this area of labour law in the Republic of Serbia by employers, as the stronger party in the employment relationship.
Keywords: employment relationship, fixed-term employment contract, abuse, violation of labour rights
Author:
Biljana Lepotić, Ph.D.
Higher Court in Novi Sad