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 4/2021
The relationship between lis pendens and exclusive international jurisdiction based on a choice of court agreement in the law of the Hague Conference and Bosnia and Herzegovina
Author: Adis Poljić Ph.D.
Basic Court in Zvornik, Bosnia and Herzegovina
ABSTRACT: The subject of the paper refers to the analysis of the exercise of the will of the contracting parties regarding the jurisdiction of the court in the law of the Hague Conference and Bosnia and Herzegovina. The exercise of the will of the contracting parties may be limited by the institute of lis pendens, which makes it impossible to conduct two proceedings between the same parties simultaneously for the same claim based on the same facts, giving priority to the first one, regardless of agreed-upon international jurisdiction. By agreeing on the jurisdiction, the contracting parties decide which court will resolve their dispute, which is extremely important for them. Based on the analysis of the Hague Convention on Choice of Court Agreements, it is concluded that preference is given to proceedings before the chosen court, with certain exceptions when the agreement of the parties will not apply. The law of Bosnia and Herzegovina applies the rules of lis pendens which may prevent the application of the agreement of the parties.
Keywords: lis pendens, jurisdiction, agreement, contracted jurisdiction, stay of proceedings
CURRENT ISSUEIssue 4/2021
The rule of law in international law and its application in practice
Author: Stefan Dugajlić
Ph.D. Student, Faculty of Law, University of Novi Sad
ABSTRACT: The subject of this article is to point out that the rule of law, often characterized as a national concept, crosses the national borders of sovereign states, and that the field of the rule of law has a direct impact on international law, relations between states, individuals and states, and between individuals. The increasing and more frequent interaction of the above subjects in international relations has led to the need to constitute certain rules – regulations, more precisely international law, and to ensure its enforcement, and to protect the subjects from possible violations of it. The rule of law becomes even more represented at the international level, with the establishment and later with the activities of international organizations such as: the United Nations, Council of Europe, European Union. By acceding to those organisations, by actively participating in instituting regulations and applying them, directly or through ratification, states renounce the acts of their sovereignty in a certain manner, accepting and enforcing those regulations, thus giving them a higher place in the hierarchy of regulations than national law. This article describes the path of the rule of law from the Grand Charter of Freedoms (Magna Carta Libertatum), as a national concept, to the present, where the rule of law has a strong and indispensable influence in creation, enforcement and protection of international regulations.
Keywords: rule of law, international law, national law, hierarchy of regulations
CURRENT ISSUEIssue 4/2021
On the shortcomings of the plea agreement
Author: Dragana Milošević
Ph.D. student, Faculty of Law, University of Belgrade
ABSTRACT: The plea agreement is an institute of criminal procedure law that was introduced into the Criminal Procedure Code in 2011 as one of three agreements that can be concluded by the public prosecutor and the defendant. The author points out the shortcomings of the agreement in terms of the absence of a prescribed penalty as a condition for concluding an agreement, determining the sentence without presenting evidence, with an emphasis on extenuating and aggravating circumstances, and provides suggestions on how to prevent or eliminate problems that could occur in praxis by applying valid legal solutions. In order to obtain answers to some of the above questions, a research questionnaire was created on the basis of which the author collected data from a court and public prosecutor’s office in order to prove the presented hypotheses. From the methodological aspect, in addition to documentary analysis, the comparative and historical method, prediction strategy and the medium-scale method were used for the purpose of the research.
Keywords: plea agreement, criminal proceedings, severity of the criminal offense, determining the sentence
CURRENT ISSUEIssue 4/2021
Legal inheritance mechanisms for the protection a decedent’s family members in Czech law
Author: Ivana Đokić
Ph.D. Student Faculty of Law, University of Niš
ABSTRACT: The subject of the author’s attention in this paper are certain regulations regarding legal inheritance in Czech law. We will try to give insight into inheritance mechanisms that are meant to protect the family members of a decedent, both through the prism of those regulations and that of Czech legal literature and the position of the highest court of the Czech Republic. We will pay special attention to the hereditary position of those subjects to which the decedent provided subsistence during his life and those persons who lived in a joint household with the decedent.
Keywords: inheritance, subsistence, life partnership, special rights, inheritance
CURRENT ISSUEIssue 4/2021
Nullity as a prerequisite of contract conversion
Author: Dražen Mijanović
Ph.D. Student, Faculty of Law, University of Novi Sad
ABSTRACT: Although it has been legally recognized since 1978, the conversion (lat. Conversio – conversion) of contracts is one of the institutes to which no deserved attention has been paid in domestic theory. In textbooks that cover the general part of civil law, and those used for teaching the law of obligations, this institute is, with certain exceptions, presented rather briefly – usually, beside the legal definition, we find only the field of application and examples of conversion. We were unable to find monographs on the subject of conversion. On the other hand, in foreign literature, mostly German and Italian, we find a large number of monographs on the topic of conversion. The suject of this paper is one part of the norm that prescribes the conversion of a contract, and that is the nullity of a contract, which is provided as a precondition for the application of the institute. The scope of application of conversion seems to be precisely and clearly defined, especially having in mind the text and the place of the norm within the Law Contracts and Torts, and in this paper we will see if that is actually the case. In the search for the answer, we also used the comparative legal method. The area of application of conversion was considered – and we did not limit ourselves only to null and void contracts, but we considered
the possibility of its application to non-existent, null and void, voidable contracts, then to partially null and void contracts, but also to valid contracts. Within null and void contracts, special attention is paid to those illegal and immoral, and within non-existent ones – to a simulated contract.
Keywords: conversion, nullity, voidability, relative simulation, requalification
CURRENT ISSUEIssue 4/2021
The Freedom of expression of lawyers through the practice of the European Court of Human Rights
Author: Dimitrije Đukić
Bar Association of Vojvodina
ABSTRACT: Freedom of expression represents an important aspect of liberty that has had a profound influence on the development of human society. Also, the protection of this freedom been explicitly stated in numerous national and international legal acts. This paper presents an analysis of the way in which the right to freedom of expression of a particular group of persons (i.e. lawyers) is protected through the practice of the European Court of Human Rights. The author’s view is that lawyers have to enjoy a higher degree of protection of the right to freedom of expression than other persons because of the importance of their role in society. Consequently, the limitations of this freedom should be restricted. Furthermore, the manner in which freedom of expression is protected by the European Convention on Human Rights and the practice of the European Court of Human Rights is analysed. Finally, a special emphasis is placed on the possibility of limiting this freedom through an analysis of the European Court of Human Rights’ verdicts on this matter.
Keywords: European Court of Human Rights, European Convention of Human Rights, communication, freedom of expression (Article 10), lawyer, court
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Issue 3/2021
ANALYSING THE LEGAL ASPECT OF FREEDOM OF EXPRESSION WITHIN THE FRAMEWORK OF POLITICAL DISCOURSE The current situation in legislature and judicial practice in the Republic of Serbia
Author: Aleksandar Stevanović MA
Institute of Criminological and Sociological Research
ABSTRACT: In this paper, the author considers the importance of the right to freedom of expression with specific reference to political speech, which is undoubtedly an important precondition for the establishment of democratic institutions. Free political speech encourages a well-informed and politically sophisticated citizenry to take part in political life. Thus, political speech has a privileged position in terms of legal protection. However, in some cases, the limits of freedom of expression can come into questions, as well as the scope of political speech. It is a well-established stance that politicians need to tolerate a greater degree of criticism due to their positions. Nevertheless, they also need to be protected when it comes to the endangerment of their personal rights, beyond justified political discussion.
Keywords: free speech, political speech, democratic institutions, public authorities, insult, rule of law
Issue 3/2021
McCann and Others v. the United Kingdom AND POSITIVE OBLIGATIONS PERTAINING TO THE PLANNING AND CONTROL OF THE OPERATIONS OF LAW ENFORCEMENT IN LINE WITH ARTICLE 2 OF THE ECHR
Author: Darija Martinov, Ph.D.
“Dr Lazar Vrkatić” Faculty of Law and Business Studies
ABSTRACT: Positive obligations are obligations of the Member States of the European Convention for the Protection of Human Rights and Fundamental Freedoms to take active steps to protect the rights guaranteed by this Convention. When it comes to the protection of the right to life, as one of the basic human rights, the case of McCann and Others v. the United Kingdom set a precedent and established new obligations for States party to the Convention when it comes to planning and conducting law enforcement operations. The manner in which these obligations were established, their scope and content, as well as the comments from jurisprudence and practitioners on this innovative judgment, are the subject of the analysis of this paper.
Keywords: European Convention on Human Rights, positive obligations, right to life, planning and control of operations
Issue 3/2021
ENDOWMENTS IN EUROPEAN LAW Current state and perspectives
Author: Jelena Veselinov
Matica srpska
ABSTRACT: Throughout history, endowment, although with the same content, has developed differently in European countries in terms of law. The national legal regulations of the countries in this area define the basic elements, legal status and functioning of legal entities established in the spirit of endowment differently. The idea of the European Union as a market characterized by the free flow of people and capital inevitably led to the emergence of a very complex set of rules that apply to the member states of this union. The inclusion of endowments in the single market and the growing number of those characterized by internationally useful goals often lead to insurmountable problems in the operations of endowments outside national borders due to national legislations of EU countries not being synchronized, regardless of the general aim to create a single space without any barriers to the flow of people, services and capital. This is the starting point used to examine the subject of this paper – the need to regulate and resolve situations in the functioning of endowments and foundations in Europe: by creating special rules at the EU level and equalizing or harmonizing rules relating to these non-profit organizations. The subject of the research was chosen because of the importance of the topic in the process of developing private EU law in the non-profit sector. The aim of this paper is to analyze the legal regulations related to endowments and foundations in the national legislations of the EU member states comparatively in terms of law, but also to analyze the proposals for creating uniform legal rules.
Keywords: endowments, European Union, European Foundation
Issue 3/2021
Expanding the scope of claims falling under the one-year statute of limitations
Author: Dejan Pilipović, LL.M.
Senior assistant and doctoral student Faculty of Law, University of Banja Luka
ABSTRACT: This paper analyses the possibility of an analogous application of Art. 378 of the Law of Contract and Torts (LCT) to other similar (identical) claims. The aim of the research is to try to answer the central question of whether it is necessary to update the provisions of the LCT regarding the one-year statute of limitations in accordance with modern trends in terms of the scope of claims that should become statute-barred within this period. In order to answer this question, scientific research methods, that is, techniques are used, such as the dogmatic-normative, historical-legal, and comparative-legal one, content analysis and a questionnaire. This apparatus is used within the study of legislation, case law and legal literature, as well as in empirical research. Knowing the scope of claims that become statute-barred in a year is not only important for theoretical analysis, but is also of practical importance for court actions, as well as for consumers.
Keywords: obsolescence, one-year statute of limitations, Law of Contract and Torts, scope of claims, consumers
Issue 3/2021
The violation of the trademark right caused by signing a retail sales agreement over the internet
Author: Nikola Milosavljević
Faculty of Law, University of Kragujevac
ABSTRACT: The global development of electronic commerce is currently leading to extensive intellectual property rights violations. In this paper, the author has analyzed the definition of the internet retail contract and the place where it is concluded, as the possible area where the trademark infringement happens. Furthermore, there is an overview of electronic sales trademark infringements, as well as the solutions attempted. In the end, the author presents his opinion on methods that should be used in order to protect trademarks in electronic commerce, taking into account the interests of all market participants.
Keywords: electronic trade, retail sales agreement, internet, violation of trademark rights, internet intermediaries
Issue 3/2021
Preparation and planning of the hearing of the defendant for obtaining a lawful and complete testimony
Author: Željko D. Mirkov Ph.D.
Osnovno javno tužilaštvo u Kikindi
ABSTRACT: The paper deals with the measures for the preparation and planning of the hearing of the defendant, taken by representatives of the police or prosecutor’s office. In the introduction, the author provides general observations on the hearing of the defendant and his testimony in the criminal procedure. The paper then proceeds to outline the views of theoreticians regarding the significance of the preparation and planning of the defendant’s hearing, as well as specific measures that need to be taken when carrying out this activity. These measures consist of the following: 1) determining the person who will conduct the hearing; 2) determining the location and time of the hearing; 3) analysis of the situation in the case files before the first hearing and identification of all facts and circumstances concerning the criminal offence; 4) obtaining information on the defendant’s personality, and 5) preparation of the hearing strategy. The author considers these measures necessary assumptions for obtaining not only a lawful testimony – in line with the provisions of the law on criminal procedure, but also a complete testimony, which is able to shed light on the facts surrounding the criminal offence.
Keywords: measures for the preparation of the hearing of the defendant, significance of the hearing preparation, hearing of the defendant, police, prosecution.
Issue 3/2021
Preparation and planning of the hearing of the defendant for obtaining a lawful and complete testimony
Authors: Loris Belanić, Ph.D.
Jakob Nakić, Ph.D.
University of Rijeka Faculty of law in Rijeka