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Уједињене нације и међународно право

Author(s): Matej Savić / Language(s): Serbian / Issue: 3/2012

Along with centuries-lasting open military pretensions of world superpowers, modern diplomacy has developed, as beginning a war, as well as coming to peace demanded political activity which resulted, first in signing, and then coming into effect of international documents, on the basis of which, a foundation for the modern international order has been cast. Further on, by the formation of international organisations, codification has been allowed, as well as a progressive development of international law. Additionally, in the sense of preserving international peace and security, first the League of Nations was formed, and following the ending of World War II, the UN. Generally, the functioning of the United Nation’s organs, has been regulated by legal rules, however political goals, tendencies, and mechanisms which the member states are using determine greatly the activity above all of the Security Council, but furthermore of the General Assembly, as a plenary organ. Nevertheless, the achieved results of the Commission for International Law in the meaning of creation of international conventions, as well as state adhering to the same, present unassailable achievements in the sense of development of international law. On the other hand, tendencies of motion of international relationships are aimed at establishing a multi-polar system in the international community. Today, the political scene is assuming a new appearance, by which the nearly built international system is already awaiting further progressive development.

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Усвојење у немачком и аустријском праву

Author(s): Ana V. Čović / Language(s): Serbian / Issue: 3/2014

The paper will analyze the provisions of the German Civil Code and the Austrian Civil Code which governing institution of adoption, with reference to the position of LGBT people in this area. At the international level, this area is governed by the Hague Convention on Protection of Children and Co-operation in inter-country adoption which was ratified by Germany and Austria. Although basing intercountry adoption changes the state of origin of the child, with the possibility of some abuse in practice, the fact is that for children, when we cannot find adopters among local citizens, it is often the best option . For this reason, it is interesting to see, what is the prevailing trend when it comes to establishing international adoptions in Germany and Austria.

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Усклађивања кривичноправног законодавства Републике Србије са правом Европске уније у области заштите животне средине

Author(s): Željko Bjelajac,Joko Dragojlović / Language(s): Serbian / Issue: 56-57/2016

We live in a time in which there is constant progress in technology that contributes to higher labor productivity and more efficient utilization of existing capacities and natural resources. However, there are also big threats to the environment and that is the main reason why environmental protection recently has been increasingly actualized. Environmental endangerment through the variety of illegal acts is a major problem of modern society. In recent years, criminal – law protection of the environment considerably expanded because the number of acts which it threatens increased several times. In addition, this type of crime is particularly susceptible to the expansive development because of the possibility of achieving high profits with minimal risk of detection and prosecution, especially when it comes to criminal acts with elements of the transnational organized crime. For this reason, the authors will first make a reference to the ecological crime, and then will analyze the regulations of the European Union relating to the criminal law framework for the protection of the environment, as well as national regulations related to that matter. At the end of the paper, the point will be on the importance of establishing European standards in the protection of the environment through criminal law.

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УСЛОВИ ЗА ПРУЖАЊЕ ДИПЛОМАТСКЕ ЗАШТИТЕ ДОМАЋИМ ДРЖАВЉАНИМА У ИНОСТРАНСТВУ

Author(s): Zoran Radivojević / Language(s): Serbian / Issue: 31/1991

La protection diplomatique des citoyebs du pays à l'étranger est née comme l'expression de l'opposition clasique des principes territorial et personal dans le droit international. La règle générale que chaque Etat détient le pouvoir sur toutes les personnes se trouvant dans son territoire n'enlève pas d'importance à la liaison personnelle d'un individu avec son propre Etat. Faisant appel à sa souverainté per-sonnelle, l'Etat est autorisé de fournir, dans les mesures déterminées par le droit in-ternational, la protection à ses citoyens pendant leur séjour à l'étranger.La première condition essentielle pour l'exercice de la protection diplomati¬que est l'existence d'une liaison de citoyenneté entre l'individu qui a subi un dom¬mage à l'étranger et l'Etat protecteur. Si cette liaison n'existe pas ou si elle n'est pas continue et effective, il n'y aura pas de protection diplomatique. En outre, le droit de l'Etat de recourir à la protection de ses citoyens lésés est conditionné par l'épui¬sement préalable des voies de recours de l'Etat territorial. Ce n'est qu'au cas où l'or¬dre juridique de l'Etat étranger n'offre aucune possibilité de réparation, l'Etat national peut se mettre à la place du citoyen lésé et intenter le procès devant un or¬gane international compétent.On considère la citoyenneté et l'épuisement des voies de recours internes comme les conditions sommunément admises de fournir la protection diplomati¬que. Cependant, les opinions sont partagées à l'égard des autres conditions deman¬dées dans certains cas pour l'exercice de celle-la. L'auteur de cet article estime que l'Etat peut protéger las droits d'une peronne lésée seulement au cas où celle-ci s'est comportée correctement envers l'Etat étranger en respectant sa réglementation. D'autre part, il croit que le citoyen du pays ne peut renoncer d'avance la protection diplomatique par une clause spéciale du contrat, car elle représente le droit de l'E¬tat, et non de l'individu.

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Условия и ред за работа на граждани на трети държави в България

Author(s): Rayna Koycheva / Language(s): Bulgarian / Issue: 1/2019

The Labour Migration and Labour Mobility Act contain a number of restrictive measures regarding the access of third-country citizens(outside the EU) to the Bulgarian labour market, which aim to protect both our domestic labour market from the unregulated influx of cheap labour and the one in the other EU Member States. At the same time, the employment of third-country citizens may in some cases be useful and necessary, such as in the case of highly qualified or seasonal workers. That is why the legislator has regulated the matter flexibly and in detail. This article analyzes the conditions and procedures for permitting access of third-country citizens to the Bulgarian labour market.

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Условна и/или суспендирана присъда и пробация в Хърватска

Author(s): Nikolay Nikolov / Language(s): Bulgarian / Issue: 1/2005

In Croatian criminal law the suspended sentence is one of two non – custodial measures (the second is admition) with the purpose of giving the perpetrator a reprimand wich achieves the purpose of criminal sanctions by pronouncing a sentence without executing it. This work examines from all sides the criminal law practice in Croatia referring to conditional and suspended sentence and probation.

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Условно осъждане и помилване

Author(s): Anna Popova / Language(s): Bulgarian / Issue: 1/2005

The following project is dedicated to the issues of suspended sentence and reprieve. A comparison is made between the current legal organisation of these two institutes of law but the emphasis is put on their differences.

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Условното осъждане според словенското наказателно право

Author(s): Stefka Popova / Language(s): Bulgarian / Issue: 1/2005

Conditional and Suspended sentence according to Slovenian criminal law. This work describes the criminal law practice in Slovenia concerning conditional and suspended sentence, and probation. Basic provisions- In Slovenian criminal law there are three kinds of admonitory sanctions: a suspended sentence, a suspended sentence with custodial supervision, and a judicial admonition. Conditions-If the sentence is imprisonment for a term not exceeding two years or a fine, this sentence may be suspended. A partial sustention of sentences is not possible Attached general or special conditions-The period for the fulfillment of such obligations is determined by the court within the limits of the term of suspension. Supervision of compliance. The procedure after a breach of a condition and the consequences.

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УСТАВ СР ЈУГОСЛАВИЈЕ (1992) И МЕЂУНАРОДНО ПРИВАТНО ПРАВО

Author(s): Mirko Živković / Language(s): Serbian / Issue: 36-37/1996

The provisions of the Constitution of FRY (1992) that are of significance for the Yugoslav international private law are determined in this paper. Particular attention is devoted to the Article 70 of the Constitution, which regulates the problem of actual rights of foreigners and stateless persons. Alongside with this, the incompatibility is stated between the Paragraph 3 of the Article 70 of the Constitution and the provisions of the Article 16 of the Convention related to the status of stateless persons. In general, this also opens the problem of the relationship of the Federal Constitution with international treaties present in our legal system.

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Усъвършенстване на правната уредба на професионалната квалификация, образованието и обучението в съответствие с политиките за обучение на възрастни в Европейския съюз

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Усъвършенстване на правната уредба на професионалната квалификация, образованието и обучението в съответствие с политиките за обучение на възрастни в Европейския съюз

Author(s): Hristo Banov / Language(s): Bulgarian / Issue: XVI/2017

The results from two especially significant research studies conducted and announced over the past four years in the field of adult learning provide an opportunity to reach a number of important conclusions on the state of adult learning policies both in the European Union and hence, even more important to us – in Bulgaria. This, in turn, highlights the need for improvements in the Bulgarian legislation in the area under consideration.

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УТИЦАЈ ГЛОБАЛИЗАЦИЈЕ НА ПРАВНУ РЕГУЛАТИВУ МЕЂУНАРОДНИХ ЕКОНОМСКИХ ОДНОСА

Author(s): Aleksandar Ćirić / Language(s): Serbian / Issue: 76/2017

Globalization is a process of worldwide economic, political and cultural integration and unification. On the global scale, this process is accompanied by distribution of labour, migration of capital, human and production resources, standardization of legislation, and standardization of economic and technological processes. It is an objective process of systemic character which covers all spheres of social life. The changes underlying the globalization process give rise to a rapid development of information and telecommunication technologies, the creation of new legal norms and standards pertaining to almost all aspects of macroeconomic activity, the internationalization of capital and dynamic changes in all aspects of human life. In the opinion of anti-globalists, globalization undermines the public sector and weakens the system of social assistance. There are three principles which are important for globalization of international trade relations (ITR): a) prohibition of discrimination; b) transparency; and c) peaceful settlement of disputes. In essence, they are the cornerstones for liberalization of international trade. From the aspect of international trade, the notion of globalization implies the tendency to transform the world economy into a single market of goods, services, capital and labour (workforce). States are increasingly deprived of their independence and autonomy in implementing their trade policies and taking comprehensive unilateral legislative measures. The role of the state in creating normative and other conditions for ITR activities has been substituted by many international trade organizations, and national regulations are increasingly subjected to the multilateral trading legal regime of the World Trade Organization (WTO). The WTO law is the embodiment of the regulatory and institutional framework of the new “global trade law” system in the sphere of public law. The system of international agreements has established the multilateral legal rules of the WTO. In the domain of public law, the system which corresponds to the international agreements’ framework is the system of autonomous sources of international trade, known as lex mercatoria.

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Утицај глобализације права на нови светски поредак

Author(s): Radovan D. Vukadinović,Jelena Vukadinović Marković / Language(s): Serbian / Issue: 1/2017

Despite theoretical differences between both notion and content of globalization, as well as its impact to New World Order, the analyze has shown that current globalization of law is characterized by the following. Firstly, no matter if it is understood either in a broad or narrow sense, the process of globalization is being developed for the last several decades, and especially after the Fall of the Berlin Wall, in almost every country. Secondly, globalization of law is not a value and politically neutral process, but a tool for the implementation of the neo-liberal concept of production and means for establishing the New World Order and new world law. Thirdly, globalization of law is conducted by the process of enacting, interpretation and application of global norms created that way. In both processes the impact of the state is more questioned every day, which leads to sovereignty decline and deligitimization of enacted law. Fourthly, solutions imposed as global, originate from one centre, either directly from the USA or from international organizations and institutions, in which the USA have the leading role. Fifthly, the final aim of the globalization is the establishment of a global non-national society governed by the “World government”. For these reasons, it seems justifiable and in due course to set a question what will happen with the traditional sovereign state and its paternalistic role and duty towards its citizens, as one political and economic substratum. “What comes after the sovereign national state?And what can the legal history say about it?” “Was kommt nach dem souveränen Nationalstaat? Und was kann die Rechtsgeschichte dazu sagen?”

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Утицај демографских и климатских промена на државу и међународне односе

Author(s): Hatidža Beriša,Mile Rakić / Language(s): Serbian / Issue: 58/2016

It is difficult to foresee consequences of climate changes, but it is reasonably enough known that it is possible to understand their risks and how to mitigate them. In contrast to the climate changes, demographic changes are much easier to get elaborated, but it is also difficult to put them under control, in particular the case of demographic expansion and its own risks that they bring with them in particular regions. The changes in demographic structure and global climate changes are not limited to the borders of one state. The climate changes have become a very serious global problem with potential consequences of such a great intensity that they might get beyond the capability of one state to adopt to them. The objective of this paper is to underline a rising role of the demographic and climate factors to a capacity of one state and international relations alike. In this paper authors made an analysis of demographic factors and main causes of global climate changes and consequences that might emerge at the beginning of 21st century, as well as their impact on global and national security of the states and international relations in general. In the paper there is also analysed a mutual influence of demographic factors, levels of resource exploitations and global climate changes.

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Утицај Европског суда за људска права на заштиту људских права радника у Србији

Author(s): Dejan Pavlović / Language(s): Serbian / Issue: 2/2017

This paper presents the analysis of the impact of the ECHR jurisprudence on the judicial protection of workers’ human rights in Serbia. There are considerations of the institutional deficiencies, legal and socio-economic context, and the fundamental problems the workers face with. The analysis is followed by pointing out the capacity and success of the ECHR in overcoming the systemic problems of the Council of Europe member states. The focal points are the right to fair trial in a reasonable time and right to property, as the greatest challenges before the Serbian institutions. Assessment of the available Rule of Law indicators, primarily material and procedural preconditions for respect of the workers’ human rights, leads to conclusion that existing reform measures produce limited effects, with insufficient consolidation of the institutions. ECHR has considerable potential to positively influence the level of respect for workers’ rights, particularly those affiliated to the human rights guaranteed by the Convention. The paper provides the overview of the most notable achievements in member states of the Council of Europe. There are theoretical foundations for the impact of ECHR as supranational law to the national legal order of Serbia, in line with the Fairness doctrine, rational choice or managerial model. However, the conclusion is that we can not verify such an impact in practice, due to systemic problems in the realm of the Rule of Law.

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УТИЦАЈ МЕЂУНАРОДНИХ ПРАВНИХ СТАНДАРДА НА ОБЛИКОВАЊЕ ПРИПРЕМНОГ СТАДИЈУМА КРИВИЧНОГ ПОСТУПКА

Author(s): Tatjana Lukić / Language(s): Serbian / Issue: 2/2011

A thorough re-organization of the preliminary stage of criminal proceedings is announced as one of the most important changes in the future reform of Serbian system of criminal procedure. On this point, the essential novelty would consist of abolition of the investigating judges, and giving more investigative powers to the public prosecutors. This paper deals with international standards and requirements, directly or indirectly related to preliminary criminal proceedings. The author pays special attention to standards and requirements of the European Convention on Human Rights, the case law of the European Court of Human Rights and the Acquis Communautaire, particularly when it comes to legal status of the victim and the accused in the pre-trial and investigation stages. The author juxtaposes two models of criminal justice systems – the liberal model and the human rights model.

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УТИЦАЈ ПОЛИТИКЕ НА РАЗВОЈ И УОБЛИЧАВАЊЕ МЕЂУНАРОДНОГ КРИВИЧНОГ ПРАВА

Author(s): Branislav R. Ristivojević / Language(s): Serbian / Issue: 1/2011

It is a long time ago now since legal science has marked several obstacles to development and formation of the international criminal law. This paper intends to clarify the relationship between the politics, as one of the most powerful obstacles of that kind, and the international criminal law and the institutions of its system of justice. History of the international criminal law is the history of political influence on its formation and application. However, politics has a two-sided impact on the international criminal law. It is a burden for the international criminal law, but it is also a prerequisite of its existence. It stimulates and inhibits its promotion at the same time. The law and the politics are permanently interconnected in this sphere. They are indispensable to each other, as international criminal law cannot take effect without politics. They are also in constant dispute, in which politics may often prevail and hamper the law.

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Утицаји римског права на европско приватно право

Author(s): Ognjen Vujović / Language(s): Serbian / Issue: 3/2017

In this work a try has been made to identify impact of certain concepts of Roman delict law to some aspects of European private law tradition and culture. Therefore the Roman delict furtum has been chosen, because it represents threat to what is the core of every private law relations. It is so even though today theft represents criminal act and not personal delict. Because this delict has changed its character and survived expansion of concept, the Roman private law has become more inclusive, not only by concept but in the meaning of application to peregrine also, not only the Roman citizens. It could be said that contributed to gradual assimilation of indignant population. The Roman law strongly grew after proclamation of lex Aebutia which enlarged the role of praetor in court procedure and has been involved in formulary procedure. This is a certain procedure which basic purpose is effective resolution of dispute. But, there is no efficiency without justice and reason. That is how the Roman private law developed and upgraded gradually and patiently. Praetor was guided by the logic of reasonable politician who solved the problems of everyday life among citizens. He is dealing with issues with no political conflict, but only facing the personal interest. It seems that EU tries of unification of private law starts with similar needs, specifically having in mind the goals of so called Lando Commission. Many of legal principles and law rules which were made in antique Rome are the base of today most developed communities. Among others, those principles and those rules are used as resources for influences to other cultures.

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Участие иностранных военнопленных в восстановлении народного хозяйства Ленинграда и Ленинградской области. 1944–1949 гг.

Author(s): I. V. Pyankevich / Language(s): Russian / Issue: 21/2015

The article investigates the involvement of prisoners of war in the restoration of Leningrad and Leningrad region . The article analyzes questions of profitability forced labor of prisoners of war in the region.

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УЧАСТИЕ РОССИЙСКОЙ ФЕДЕРАЦИИ В СОВРЕМЕННОЙ СИСТЕМЕ МЕЖДУНАРОДНЫХ ДОГОВОРОВ В СФЕРЕ ОХРАНЫ ИНТЕЛЛЕКТУАЛЬНОЙ СОБСТВЕННОСТИ

Author(s): Roza Iosifovna Sitdikova / Language(s): Russian / Issue: 2/2016

The paper is devoted to the study of issues related to the participation of Russia in the international system of intellectual property protection. The relevance of this research is determined by the role of international treaties in protection of the rights of foreign authors in Russia and Russian authors abroad. The modern system of universal international treaties in the field of intellectual property protection, as well as the history of Russia’s accession to international treaties in the aspect of implementation in the Russian legal system and unification of the Russian legislation in this sphere are shown. International treaties of the Russian Federation are part of its legal system. Therefore, it is important to show the role of international treaties in the field of intellectual property with copyright laws. They influence the creation of laws. Some topical issues in the field of international protection of intellectual property rights associated with copyright restrictions, the removal of which is possible by conclusion of additional international agreements, are emphasized. The conclusion is drawn on the basis of the research results that the Russian Federation is a full member of the international intellectual property protection system, which is the basis for effective protection of the rights of foreign authors and Russian authors abroad.

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ФАЗИ НА СЪДЕБНИЯ ПРОЦЕС В МЕЖДУНАРОДНИЯ СЪД НА ООН

Author(s): Aleksander Dragiev / Language(s): Bulgarian / Issue: 1/2015

The procedure in the UN International Court of Justice consists of two time parts: written and oral proceedings. The written one consists of the communication to the Court and to the parties of the case of different documents. They are main evidence in the Court procedure: therefrom in each case, necessarily, there are documents and written proceedings, respectively. The oral proceedings are after the written one. They consist of the hearing by the Court of the agents, counsel and advocates of the parties to the case, witnesses and experts.

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