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.

The Bar association of Vojvodina

CURRENT ISSUEIssue 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

CURRENT ISSUEIssue 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

CURRENT ISSUEIssue 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

CURRENT ISSUEIssue 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

CURRENT ISSUEIssue 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

CURRENT ISSUEIssue 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.

CURRENT ISSUEIssue 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

ABSTRACT: Costs of civil proceedings may constitute a significant financial burden for the parties in exercising their rights. Ensuring redress enables transferring this burden “to the back” of the insurer and thus facilitating the parties’ conduct of civil proceedings in financial terms, which is also of influence on the possibility of exercising their rights. Providing redress covers only those legal costs that are necessary (necessary) to achieve protection of the legal interests of the insured. At the same time, the insurer reimburses legal expenses in accordance with the provisions of the procedural laws on the duty to compensate the costs of proceedings and regulations determining the amount and content of individual legal costs. The paper deals with the presentation and analysis of the coverage of legal sums in German law. Then, along with the model of the analysed coverage under German law, the coverage of the costs of redress in Croatian law is presented, while processing elements of legal costs (certain legal acts prescribed to pay appropriate fees, as well as the amount of such fees) which the legal protection insurers should take into account when forming the cover of the OP. Finally, the case law of the Court of Justice of the European Union relating to ensuring redress is presented.
Keywords: provision of redress, conditions of insurance, civil costs, legal costs, court costs.

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Issue 2/2021

The concept of knowledge as a subjective element in the criminal offense of crimes against humanity

Author: Olivera Ševo
Faculty of Law, University of Banja Luka

ABSTRACT: The subject of this paper is the analysis of knowledge as a subjective element in terms of crimes against humanity in international criminal law. Starting from the fact that committing an act within a widespread or systematic attack against a civilian population is a circumstance that turns a “common” crime into a crime against humanity, the paper seeks to answer the question of whether knowledge of committing an act within such an attack is an independent subjective element and whether there is a unified position regarding the necessary content of knowledge in international criminal law. The paper is based on a linguistic, normative, systematic and comparative legal analysis of relevant provisions of international criminal law sources, a documentary analysis of sample judgements of the three most important international courts, as well as a case study which analyzes this subjective element in the legislation and case law of Bosnia and Herzegovina. The results of the research show that in terms of the independence of knowledge as a subjective element in crimes against humanity, there is a relatively consistent position in international criminal law, while in terms of the content of knowledge there is no such agreement.
Keywords: knowledge, subjective element, crime against humanity, constructive knowledge, willful blindness, international criminal courts

Issue 2/2021

Compensation for material damages in Serbian industrial property law

Author: Bojana Spajić
Ph.D. student of the Faculty of Law University of Novi Sad

ABSTRACT: In the era of the digital revolution and the global market economy, the economic interests of holders of industrial property rights face threats from new and advanced forms of infringement. In order to guarantee the safeguarding of the material status of the rightsholders, standards of protection have been set at the international level as well as within the European Union – with harmonization expected to take place on a global scale. These standards, related to compensation for material damages due to the infringement on industrial property rights, largely deviate from the general rules on compensation for damages. The reason for the deviations lie in the specifics of the authorizations that are inherent to these rights and the intangible nature of the intellectual property that is the subject of the protection: hence the need for specific methods devised to calculate the compensation of damages caused by the infringement on industrial property rights. This paper analyses special rules on compensation for material damages caused by infringement on industrial property rights, observed in domestic law as it has developed from 1995 and onwards. The subject of the analysis are the relics of previous positive law, i.e., triple compensation, and compensation for up to three times the amount of the license fee, as well as the current regulations on the damages set as a lump sum compensation, under which it may not be less than the compensation for the legal use of the subject of protection and compensation equal to the tortfeasor’s gains. The aim of this paper is to propose de lege ferenda norms for an enhanced regulation of the matter of compensation for material damages in the field of industrial property.
Keywords: industrial property law, compensation for material damage, multiple compensation, punitive damages, lump sum compensation

Issue 2/2021

Initiating the reorganization procedure according to the Law on Bankruptcy. Reorganization vs. prepackaged reorganization plan

Author: Amina Kajević
Ph.D. student, Faculty of Law University of Belgrade

ABSTRACT: This paper discusses the initiation of the reorganization procedure by comparing the initiation of the “classic” type of reorganization and the initiation of the reorganization in accordance with the prepackaged reorganization plan. The analysis of the initiation of these two types of reorganization will be conducted based on an overview of the three elements most important for the initiation of the reorganization procedure within one legal system; namely, when the reorganization procedure is initiated, who is authorized to initiate this procedure and what the mandatory content of the reorganization plan is. The way in which these three elements are arranged can significantly affect the quality of the reorganization plan and its successful implementation. The aim of this paper is to analyze the initiation of two types of reorganization in the Serbian Law on Bankruptcy by comparing these three elements, as well as to point out some controversial issues that arise when initiating these two proceedings.
Keywords: initiating reorganization proceedings, prepackaged reorganization plan, contents of the reorganization plan

Issue 2/2021

(Il)Legal evidence in criminal procedures in the case law of the Supreme Court of Cassation in 2019 and 2020

Author: Milana Pisarić, Ph.D.
Faculty of Law, University of Novi Sad

ABSTRACT: The Criminal Procedure Code stipulates that court decisions may not be based on evidence which is, directly or indirectly, by itself or in the manner of obtaining it, contrary to the Constitution, this Code, other laws or the generally accepted rules of international law and ratified international treaties, except in proceedings conducted for the purpose of obtaining such evidence. Illegal evidence cannot be used in criminal proceedings and is therefore separated from the case file. If the judgment is based on illegal evidence, it can be challenged by the appeal against the judgment, but also by the request for the protection of legality. The subject of the paper is the analysis of the recent case law of the Supreme Court of Cassation (in the period from January 1, 2019 to December 31, 2020) regarding the requests for the protection of legality stated in connection with illegal evidence.
Keywords: criminal procedure, illegal evidence, Supreme Court of Cassation

Issue 2/2021

The protection of confidential communication between a lawyer and a client in the case law of the European Court of Human Rights

Author: Dimitrije Đukić
Bar Association of Vojvodina

ABSTRACT: Confidentiality of communication is a very important human right that gains in importance when the communication is conducted between a lawyer and a client. Namely, for a lawyer to be able to adequately represent their client, the client must be sure that the information they entrust to the lawyer will not reach third parties, i.e. that the communication will remain confidential. In this sense, protecting the confidentiality of communication between a lawyer and a client is very important not only for representing the client in each case, but also for the proper functioning of the legal system. This paper aims to establish which articles of the European Convention protect the right to confidential communication between a lawyer and a client and how this communication is protected in practice by the European Court of Human Rights. The paper also examines whether it is possible to prescribe a measure by which such an important right as the right to privileged and confidential communication between a lawyer and a client could be limited and if so under what conditions.
Keywords: European Court of Human Rights, European Convention on Human Rights, communication, confidentiality, right to privacy (art. 6), right to a fair trial (art. 8), lawyer, client

Issue 2/2021

The development of protections for the right to marry guaranteed by Article 12 of the European Convention for the Protection of Human Rights and Fundamental Freedoms

Author: Jovana Vojvodić
Ph.D. student of the Faculty of Law University of Novi Sad

ABSTRACT: Starting from the 21st century, the European Court of Human Rights has changed the approach regarding the interpretation of the right to marry protected under Article 12 of the European Convention on Human Rights. The new liberal attitude towards the content of this right has opened up opportunities for new categories of persons to enter into marriage and start a family. The question arises whether the European Court of Human Rights will continue with this trend of interpretation and what consequences that could cause for the international understanding of marriage and family.
Keywords: European Convention for the Protection of Human Rights and Fundamental Freedoms, European Court of Human Rights, right to marry, Article 12.