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
Author:
Stojana Petrović, Ph.D.
Faculty of Law, University of Banja Luka
ABSTRACT: In both observed entities of Bosnia and Herzegovina, the Republika Srpska and the Federation of Bosnia and Herzegovina, there are areas where the existing real estate records have been destroyed or damaged, and their restoration will certainly be carried out. Since establishing real estate records is a lengthy process, legislators provide for special procedural rules when such real estate is proposed as an object of compulsory enforcement. In this way, legislators are trying to compensate enforcement creditors for the still-present irregular maintenance of public registers, or rather their non-existence in certain areas, and to enable carrying out compulsory enforcement against such real estate as well. This is especially true in situations where the enforcement debtor has no other object of enforcement that they could propose. The aim of this research is a normative-dogmatic analysis of the domestic legislative model for enforcement against real estate that is not entered in the public register because the register has been destroyed or damaged. The analysis of domestic and comparative dicates that the special procedural rules applied in this situation in both entities of Bosnia and Herzegovina do not correspond to the interest of the enforcement creditor in the realization of efficient enforcement against such real estate. Given the observed weakening of the general principle of judicial management of the proceedings, a conclusion can be drawn about the excessive burden on the enforcement creditor, as well as the unjustified, overly conditional, and therefore rare judicial conduct of such real estate seizure inventory.
Keywords: enforcement proceedings, real estate, registration of real estate rights, cadastre, land register
Author:
Marija Milojević
Faculty of Law, University of Kragujevac
ABSTRACT: This paper analyzes the concept of the criminal procedural subject through a theoretical, normative, and comparative framework, with particular reference to the position of the injured party and the victim of a criminal offense in criminal proceedings. It begins with the traditional understanding according to which criminal procedural subjects are holders of certain procedural functions – adjudication, prosecution, and defense – and classifies them as principal and secondary subjects. Within this framework, the injured party is defined as a secondary procedural subject, but one with a complex procedural status, as they may simultaneously perform multiple functions (e.g., testifying, initiating prosecution, or submitting a property claim). Special attention is devoted to distinguishing between the concepts of the injured party and the victim of a criminal offense in domestic legislation and international instruments, particularly Directive 2012/29/EU and the 1985 UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. The analysis demonstrates that the concept of a victim encompasses a broader range of rights, including extraprocedural protection, support, and assistance, thereby transcending the traditional procedural framework of the injured party. The paper concludes that harmonizing domestic legislation with international standards requires either the normative recognition of the victim as a distinct procedural subject or the expansion of the existing concept of the injured party, while preserving the adversarial nature of criminal proceedings and ensuring effective victim protection both within and beyond their formal scope.
Keywords: criminal procedural function, secondary procedural subject, injured party, victim of a criminal offense, three-dimensional model of criminal proceedings, international standards in victims’
Author:
Miodraga Tošić
Basic Court in Sokolac, Bosnia and Herzegovina
ABSTRACT: In practice, it is necessary to distinguish between dismissal for failure to achieve work results and dismissal for the lack of knowledge and skills required to perform a particular job, since these are two separate grounds for dismissal, while legal gaps and the lack of case law make it more difficult to effectively exercise the right to protection against unjustified dismissal. In that regard, the author begins with the premise that legal certainty and the objective determination of work norms contribute to preventing abuse of the right to dismiss; that introducing a statutory obligation to establish criteria and authority for assessing employees’ knowledge and skills contributes to greater legal certainty in the field of protection against unjustified dismissal; and that a more complex dismissal procedure may play a significant role in preventing labor disputes. The article also concludes that the current statutory solutions are rightly subject to significant criticism, because they cannot be identical for all grounds for dismissal, and that reinstatement, as a legal consequence of unlawful dismissal, has no practical significance in the case of this ground for dismissal.
Keywords: dismissal, failure to achieve work results, lack of knowledge and skills, reinstatement
Author:
Andrijana Ristić
Faculty of Law, University of Belgrade
ABSTRACT: The development of technology and accelerated changes in the world of work have led to the emergence of new, specific forms of employment, which are seen as a response to the changed needs of employers and workers shaped by these circumstances. However, the distinctive features of these forms of employment, and the fact that in most countries around the world they remain legally unregulated, have resulted in workers engaged in them remaining largely “invisible” to legal systems, whereby they are not guaranteed even the minimum level of labor and social rights that should be available to all economically active individuals. Such a situation poses a serious risk to the enjoyment of the right to decent work and creates a favorable environment for the emergence of labor exploitation. In light of the growing importance of new forms of employment, these circumstances represent the key reasons that prompted the author to choose this topic. Accordingly, the paper analyzes the interconnection of new forms of employment, the labor-law position of workers engaged in them, and the increased risk of labor exploitation. Finally, the author seeks to concisely highlight the need to reconsider the existing boundaries of labor-law protection in light of new forms of employment, as well as to propose legal solutions that may contribute to overcoming the problems identified in this regard.
Keywords: new forms of employment, work based on information and communication technologies, online work, labor exploitation, decent work
Author:
Natalija Nedeljković
Faculty of law, University of Niš
ABSTRACT: The European Court of Human Rights consistently recognizes the right to know one’s biological origins as an integral element of the right to respect for private and family life, as well as the internationally recognized right of the child to identity. States Parties to the European Convention on Human Rights have a positive obligation to ensure a fair balance between the child’s right to know their origins, on the one hand, and the putative parent’s right to respect for private life and physical integrity, or the existing legal parents’ right to preserve the stability of family relations, on the other hand. In this paper, the author examines the scope and probative value of DNA analysis, while addressing broader socioethical issues – whether DNA analysis can or should be mandatory, the consequences of non-compliance, and whether the legal system provides alternatives to refusal. This research aims to synthesize the key standards in this field through a theoretical and empirical analysis of the Court’s case law. The author employed the following methods in the paper: the normative-dogmatic method, the comparative law method, content analysis, the case study method, and purposive sampling.
Keywords: DNA analysis; medical expert testimony; right to know one’s origins; case law of the European Court of Human Rights; right to respect for private and family life; maternity and paternity disputes
Author:
Dejan Terzić
Judge Appellate Court in Novi Sad
ABSTRACT: The paper provides, from the perspective of an experienced practitioner, a comprehensive overview of the provisions of domestic procedural legislation on the method of establishing facts in criminal proceedings, with special emphasis on illegal evidence, with a critical analysis of certain solutions, both from the current regulation and from the draft amendments and supplements to the Code of Criminal Procedure, but also through current case law.
Keywords: criminal proceedings, evidence, illegal evidence
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