Расположливи начини на приближување на националното трговско право на Република Македонија со трговското право на Европската Унија

Author(s): Goran Koevski / Language(s): Macedonian Publication Year: 0

Traditionally, the Commercial (Business) law in Macedonia is comprised of three main parts: 1) company law (legal business forms); 2) commercial contracts; and 3) securities and payment instruments. All Commercial law constitutive parts, at the moment, are on different level of harmonization with the EU Law, although they cannot be analyzed independently from each other. Although the general perception might be that the Company law part should be the most harmonized due to the globalization and erasure of the world or European trade boundaries, the situation in practice is not as expected. Comparatively, the formal and the functional convergence of the national with the EU law are the two basic harmonization methods. The formal convergence means nothing else but harmonization of substantive and adjective legal rules by formal activity of the national legislator (the national parliament). Although the most certain, this approach seems to be the most difficult, mainly because of its openness to political lobbying and pressure from the opponents for such convergence. The formal convergence might be achieved by using several techniques: via (in)direct transplants of company and similar laws; through convergence motivated by political dictate, such as the ongoing formal convergence of the EU member states laws by implementing or enforcing different EU directives or regulations.

Рачунарски криминалитет у Србији и европски стандарди

Author(s): Dragan Jovašević / Language(s): Serbian Issue: 47-48/2014

The new criminal law of the Republic of Serbia, which was adopted in 2005, prescribes criminal liability and punishability for a number of criminal acts against the security of computer data. The perpetrator performs these computer criminal acts by the abuse of computers, this causing property or non-property damage to other natural or legal persons. These incriminations basically include European standards defined by the Convention on Cybercrime and the Additional Protocol to the Convention on Cybercrime as well as a number of other European documents. The paper analyses the basic characteristics of cyber crimes in Serbia and to what extent they are harmonised with the European standards.

РЕАЛИЗАЦИЯ НА ЗАДЪЛЖЕНИЯ С АДМИНИСТРАТИВЕН ХАРАКТЕР

Author(s): Bogdan Yordanov / Language(s): Bulgarian Issue: 2/2019

This study follows the established order for the implementation of obligations of an administrative nature in the current Administrative Procedure Code. In considering this issue, the author expresses his position, taking into account the positive contributions of the Code on these issues and at the same time notes the ambiguities about the precision of the regulations, which also lead to contradictory case law. The use of the analytical method aims to justify the need for rational solutions to improve the regulatory framework and the formulation of de lege ferenda proposals.

Ревизија и надзор задружног пословања у домаћем и европском праву

Author(s): Marina Protić / Language(s): Serbian Issue: 77-78/2022

Cooperatives are a unique combination of a society of persons and capital, autonomous and established economic entities based on democratic governance and respect for cooperative values and principles. As for other economic entities, special rules on audit, control, and supervision of operations also apply to cooperatives, which are more or less harmonized with the rules that apply to other economic entities. The present paper aims to consider different concepts of audit, control, administrative and inspection supervision of cooperatives in domestic cooperative law with a comparison of solutions present in the cooperative law of some EU member states. The analysis starts from the assumption that in national legislation, there is uniformity in the regulation of business activities of cooperatives. A more detailed overview of the regulatory framework and the legal nature of special forms of audit and supervision of cooperative business in Serbia should point out certain differences between domestic and European law, which may be important for further harmonization of our cooperative legislation with EU law.

Регионална конференција „Интегрирање на разлики – човекови права, социјална инклузија и социјална кохезија на Балканот кон патот до Европската Унија”

Author(s): Jana Lozanoska / Language(s): Macedonian Issue: 3/2009

The Euro-Balkan Institute from 28-31 May 2009, in Ohrid, "Klimentica" and "Pela" organized a regional conference titled "Integrating Differences - Human Rights, Social Inclusion and Social Cohesion in the Balkans on the Road to the European Union", supported by the Jean Monnet Program of the European Commission and the Government of the Republic of Macedonia.

Регионална политика у Европској унији

Author(s): Ljiljana Mudrinić / Language(s): Serbian Issue: 59/2017

The paper discusses the political, legal and economic aspects of regional policy and regionalization in the context of the European Union and the regional reorganization of regionalism in modern states, which in the conditions of globalization processes redefine sovereignty of States Contemporary. The regionalization as the process of establishing the administrative, legal and political unit includes decentralization and the implementation of the principle of subsidiarity, and encourages balanced socio-economic development. The breakdown mentioned aspects aims at understanding the meaning, knowledge of the characteristics and the political, cultural, historical and socio-economic context of regionalism as a prerequisite for a rational understanding of the problems of regional development. Regional Policy of the European Union, although one of the oldest common policies, is the policy that the Western Balkan countries slowly followed, and in this area have done the least. The aim of the regionalization process which has spread over Europe to harmonize legal standards that would turn helped the integration processes in transitional Europe. To this end, there are legal, institutional and financial instruments of support. Throughout Europe, there are regional units of different sizes and varying in legal status and unambiguously regulated by the processes of deconcentration and decentralization of power. While the European Union has established a legal framework, however, the general formula for the European regional policy and standard form, European traditions and European legal practice does not recognize.

Регионална сарадња у области е-управе и улога поште

Author(s): Spasenija Ožegović,Dragana Šarac,Nevena Vidanović / Language(s): Serbian Issue: 49-50/2014

This paper includes the research of users’ needs for information society services, i.e. e-government on the basis of historical, cultural and economic ties in the territory of former Yugoslavia and the new trends in e-business and digital data transfer. It defines a functioning legal framework and economic viability for introduction of these services, and all this from the point of participation of post in the electronic market.

Регионално и пространствено развитие на средните по големина общини в Северен централен район

Author(s): Sonia Dokova,Kamen Petrov,Nikolai Tsonkov,Georgi Nikolov,Georgi Tsolov,Elka Vasileva,Nikola Tanakov,Cvetelina Berberova-Valcheva / Language(s): Bulgarian Issue: 5/2018

Reducing of number of city functions and slow urban development of medium and small cities among 30000 – 100000 people (which are research object) create terms of social economic disproportions. In this situation the main purpose of the research is analyzing the tendencies and regional development potential of medium size cities in North central region in Bulgaria. For the need of methodology, the authors use quantitative and qualitative methods as method of hidden internal dependencies between surveying objects; methods for detection of cause – effect relations between objects and phenomenon; comparison method; analysis and synthesis. Research task: To analyze social economic situation in medium size cities in North central Bulgarian region; The authors are going to realize systematic estimation of regional development instruments contribution, effectiveness and effects of strategy and regional and local plans for development related to regional development of surveying cities in the region; To formulate final conclusions on basis of municipalities analysis. In comparison to other regions in Bulgaria there are great misbalances. The tendencies and perspectives for their development illustrates realism and fulfilment of planning steps, activities and concrete projects in accordance to rehabilitate infrastructure – technical, educational, social and cultural.

Регламент (ЕС) 2016/399 - промяна във визията на Европейския съюз за граничния контрол, отразена в Кодекса на шенгенските граници с Регламент (ЕО) №562/2006

Author(s): Ivan Lolev / Language(s): Bulgarian Publication Year: 0

The report has the task of building a theoretical construct of the vision for border security. For this purpose, a comparative analysis of Regulation (EC) №562 / 2006 establishing a Community Code on the rules governing the movement of persons across borders and Regulation (EU) 2016/399 of March 9, 2016.

Регламент 2016/679: Учреждение права на переносимость личных данных

Author(s): Oleg Sedyakin / Language(s): Russian Issue: 2/2018

EU General Data Protection Regulation, or Regulation 2016/679 (GDPR), adopted in April 2016, comes in force in 2018, 25th May. Significant changes in data protection procedure are going to happen after the date and because of that, we can observe right now an increased attention of a private sector to methods and practices of data protection. GDPR introduces the new right into data protection legislation – the right to data portability, along with the right to erasure (or right “to be forgotten”). The author describes the essence of the introduced right to data portability, distinguishes its relations with regards to other provisions of the Regulation and draws attention to the main challenges, which will be faced by private business in the GDPR implementation process.

Регламент № 1672/2018 на ЕП и на Съвета относно контрола на паричните средства, които се внасят в съюза или изнасят от него и санкциите в българското законодателство при недеклариране на парични средства

Author(s): Tamara Vlaykova / Language(s): Bulgarian Issue: 4/2018

This article focuses on the sanctioning regime in our national legislation on cash carrying The timeliness of the problem is conditioned by the fact that a new European regulation on cash control, which is part of international measures to counter money laundering and terrorist financing, has been adopted. The aim of the study is to analyze our current legal framework in this area and to make de lege ferenda proposals based on the analysis.

Регламентът на Европейския съюз относно осъществяването на засилено сътрудничество в областта на приложимото право при развод и законна раздяла

Author(s): Yordanka Zidarova / Language(s): Bulgarian Issue: 2/2016

Регулатива Европске уније у борби против дечије порнографије на интернету

Author(s): Nataša Tanjević,Ilija Galjak / Language(s): Serbian Issue: 37-38/2011

Certain features such as anonymity of Internet communications, access, free movement of various facilities and the like open space for different types of abuse and many dangers that can particularly affect vulnerable children. The increase in criminal activities committed through the Internet require a more effective fight against this form of crime that would result in fewer risk behaviours of Internet users and children in particular as well as in the increased awareness of potential abuses. This problem that has been put in the spotlight of the European and world public opinion in some countries is a top priority when it comes to computer crime and organized crime in general (for example in France, Great Britain, Germany, USA). This paper discusses the place and role of the European Union in preventing and combating child pornography. In addition, we have analyzed the most important decisions of the European Union in this field as well as their importance in detecting, preventing and combating this type of crime. It is also shown how the provisions of the Criminal Code of Serbia have been brought into line with international norms and standards in this field.

Регулатива Европске уније у области азила

Author(s): Anđela Đukanović / Language(s): Serbian Issue: 45-46/2013

During the last decade, the issue of Asylum within the EU had great importance, and in this sense can be identified evident effort to establish a uniform asylum system for all Member States. There has been some progress in achieving this goal, through the adoption of several legislative documents, in particular Council Directive 2003/9/EC, Council Directive 2004/83/EC, Council Directive 2005/85/EC and Council Regulation EC No. 343/2003 (Dublin II Regulation). It can be argued that the European asylum system primarily focuses on limiting secondary movements of asylum seekers and efficiency in solving claims for asylum, rather than the protection of human rights. Also, the issue of asylum was in the recent period of particular importance for the Republic of Serbia, in the context of the increased number of fake asylum seekers in the EU who originate from the Republic of Serbia.

Регулатива Европске уније у области ирегуларних миграција

Author(s): Anđela Đukanović / Language(s): Serbian Issue: 43-44/2013

During the last decade, the issue of irregular migration has increasingly been recognized as a significant problem in the European Union. The harmonization of EU law started slowly after the adoption of the Amsterdam Treaty. Common standards and procedures to be applied in Member States for returning illegally staying third-country nationals are given and special attention is given to the protection of persons who are victims of trafficking in human beings. EU regulation is primarily focused on the border control and significant progress has been attained in this area through Frontex agency. It remains to be seen how much will be achieved in combating irregular migration through the control of the labour market. However, it could be said that significant differences are still present in laws of EU member states.

Регулатива заштите од обмањујућег оглашавања

Author(s): Jelena Jovanović / Language(s): Serbian Issue: 55/2016

The reason for writing this paper was the First Extraordinary Session of the National Assembly of the Republic of Serbia in 2016 at which the Draft Law on Advertising was adopted. The subjects of this paper are Directives of the European Union and the legislation of the Republic of Serbia, which is partly based on them. The aim of this paper is to provide information that would help readers to be more familiar with the term misleading advertising and what it entails. Companies who offer products or services in that manner that their advertising messages provide accurate and timely information enable themselves to enhance their good reputation, gain customers and have prospects for a successful business. On the other hand, customers who are well informed about their rights and about products or services for which they are interested in purchasing, are less likely to be intentionally or unintentionally mislead. Also, consumers who are well aware of their rights rarely find themselves in a situation to be somehow deceived when advertised products or services are in some way different in reality than they are in ads.

Регулатива индивидуалног стечаја у праву Европске уније

Author(s): Ana I. Opačić / Language(s): Serbian Issue: 37-38/2011

The principal focus of modern insolvency legislation and business debt restructuring practices no longer rests on the elimination of insolvent entities, but on the remodelling of the financial and organisational structure of debtors experiencing financial distress so as to permit the rehabilitation and continuation of their business. For private households, it is argued to be insufficient to merely dismiss debts after a certain period. It is important to assess the underlying problems and to minimise the risk of financial distress to re-occur.

Регулатива продаје на даљину (distance selling) у Европској унији - глобални оквир и случај Велике Британије

Author(s): Slaven Savić / Language(s): Serbian Issue: 49-50/2014

In recent time, distance selling becomes increasingly important in everyday business. But, it carries certain legislation traps. Although distance selling seems interesting for consumers, a very important question is to ensure fair commercial practice. This paper will do a detailed analysis of the EU legislation of distance selling as well as the legislation of this kind of trade in United Kingdom.

Регулаторне активности Европске уније у области финансијских услуга

Author(s): Snežana Sofijanić,Sandra Mijailović / Language(s): Serbian Issue: 65/2018

The financial crisis and the debt crisis which the European Union has experienced over the past decade has shown its incomplete economic and financial architecture was not sufficient to prevent the emergence of unsustainable policies and was not sufficiently resistant to effectively absorb the negative consequences that developed after that. Therefore, the institutions of the European Union have begun implementing a comprehensive package of measures aimed at strengthening economic and monetary union, which requires, first of all, the filling of the banking union and further progress of the Union towards a common capital market. In the past few months, the European Union has presented several important legislative and non-legislative initiatives for implementing measures related to risk reduction: regulatory and supervisory frameworks for preventing risk accumulation, reducing the level of non-performing loans, reducing costs for cross-border banking transactions, and counterfeiting of non-cash means of payment and improvement of financing for sustainable growth. Opening Chapter 9 - Financial services in Serbia's negotiations with the European Union points to some additional challenges that will have to be resolved by the end of the accession process. Bearing in mind that the European Union supervises the transposition of legal acquis into the domestic legal framework and the establishment of appropriate administrative structures capable of their implementation and realisation, monitoring of regulatory initiatives within the European Union is important for the success of accession negotiations and for further improvement of the financial stability of the Republic of Serbia.

Регулаторни домашај Пакта о стабилности и расту у европском монетарном праву

Author(s): Marko Dimitrijević / Language(s): Serbian Issue: 65/2018

The subject of the analysis in this paper is the identification and evaluation of the regulatory scope of the implementation of the Stability and Growth Pact in the European monetary law. In this respect, the focus is on issues related to the purpose and object of the original Stability and Growth Pact as a sui generis intergovernmental agreement, the importance of introduced fiscal rules and consideration of the problem of applying financial sanctions for non implementation of fiscal rules by the leading members of the Economic Monetary Union (EMU). In further research, the attention is paid to the analysis of the efficiency of the reformed Stability and Growth Pact in preventive and corrective part. The particular attention is paid to the determination of its importance for achieving the concept of monetary and fiscal legitimacy. By using the dogmatic, axiological and logical method, the author attempts to point out the main advantages and disadvantages of the newly developed solutions within the reformed Pact. The conclusion is that the reformed Stability and Growth Pact has failed to strengthen the concept of fiscal responsibility as a prerequisite for fiscal stability, which together with the concept of monetary stability is imperative of optimizing the direction of international monetary relations, preserving the acquest of international monetary order and achieving the necessary degree of fiscally unity in the European Economic Monetary Union.