The authors analyzed the foreign legislation and the legislation of the Republic of Serbia relating to compensation for physical pain. They recognize that the old civil codes from 19.century (in ...French or German Civil Codes e.g.) does not define the concept of damage, nor immaterial, while in modern codes accurately are determine which forms of non-pecuniary losses be legally justified. And the legal systems of the former socialist countries recognize the right to pecuniary compensation for non-material damage in case of serious violations of personal rights, for example Russia and Poland. In the law of obligations Serbia (as well as Slovenian, Croatian, Macedonia, Montenegro, Bosnia and Herzegovina) suffered physical pain is stipulated as a legally recognized form of non-material damage. Pecuniary compensation is determined on the duration and intensity of pain and other circumstances related to an event when the damage occurred, medical treatment and recovery and of the personality characteristic of the injured person.
This paper analyzes the imprisonment for debtors to pay a fine for a felony or misdemeanor. Legal nature imprisonment for unpaid fine is debatable. Unclear criminal-political reasons for default. The ...author compares the imprisonment for unpaid fines in German and French law, and the experience in practice in Germany, Sweden, England and Wales and Scotland. Cultural differences between societies affect the commitment of citizens to pay a fine, but in general it can be concluded that that the effective enforced collection (from the earnings or assets of the debtor) or replacement work in the public interest rather than mandatory use of imprisonment for unpaid fines.
The authors analyzed comparative legislation in the area of tort law. The paper referred different legislative solutions in legislations regarding prescribing fear as an independent form of ...non-pecuniary damage. They found that a small number of legislations in which fear determine as a special form of non-pecuniary damage. Such solutions have been adopted in legislations in states originating through secession from The Socialist Federal Republic of Yugoslavia (SFRY) in which have also taken over that Yugoslav Law of Obligations incorporating it into their own legislation: Slovenia, Bosnia and Herzegovina, Croatia, Macedonia, Serbia, Montenegro. In other European countries fear is not determined as a separate form of non-pecuniary damage, but the compensation for experienced fear, within mental suffering, is awarded by court’s decisions.
The issue of crop protection is very important because of a variety of risks that could cause
difficult consequences. One type of risk protection is insurance. The author in the paper states
various ...models of insurance in some EU countries and the systems of subsidizing of insurance
premiums by state. The author also gives a picture of crop insurance in the U.S., noting that
in this country pays great attention to this matter. As for crop insurance in Serbia, it is not at
a high level. The main problem with crop insurance is not only the risks but also the way of
protection through insurance. The basic question that arises not only in the EU is the question
is who will insure and protect crops. There are three possibilities: insurance companies under
state control, insurance companies that are public-private partnerships or private insurance
companies on a purely commercial basis.
We analyzed the reasons and consequences of decriminalization of defamation in the criminal legislation of Republic Serbia. Examples of comparative law shows that it was possible amendments to legal ...provisions and practices prevent the occurrence of violation of freedom of expression (violation of Article 10 of the European Convention on Human Rights and Freedoms). Decriminalization of libel the question arises as to sufficiency of civil law protection of honor and dignity. The author analyzes the judgments of the European Court of Human Rights in which the whole amount of damages assessed as unbalanced state interference with freedom of expression and notes that these guidelines and attempts to separate legislation to prescribe additional criteria for estimating the amount of damage indicate supremacy of the right to freedom of expression in relation the protection of honor and dignity.
This paper analyzes the comparative solutions in Common law and the European legal system concerning the execution sentence on weekends, in the regime of semi-custody or weekend custody. These ...solutions are regulated by the prison treatment as new, so called split sentences, special modes of execution of short term prison sentence or are used in the conditional release for additional control behavior of released prisoners and implementation of treatment. The advantage of these measures is that they are a convenience for the convicted persons retain a job or be allowed to continue their education. The disadvantages are related to difficulties in organizing the execution and low motivation of prisoners to engage in work activities that are organized for them during conditional release. However, solutions of the prison treatment can be inspiring for the Republic of Serbia, which has a large prison population convicted on short time prison sentences.
The status of national minorities, groups and communities in higher education depends on many factors. First of all, it depends on the state in which members of the above minority groups and ...communities live, i.e., on its willingness to allow the establishment of Universities, in which to educate the members of these nations and, also, others. Equally, their status depends on the agreement between the two states, one in which they live and the other, the mother country. The authors are made an analysis of the status of ethnic minorities, groups and communities in some European countries. Particular attention was paid to the situation in Romania, Hungary, and the former Soviet republics in this area. In addition, attention was paid to institutions of higher education in the Republic of Macedonia, and Kosovo. The main question raised in this article, refers to the fact of independence of these institutions in relation to the educational system, which was established in the territory in which they live these minority groups and communities, and how they can be related to their home countries. This issue is of great importance to the position of Serbs in Kosovo in this field.
The legal basis of state responsibility for damage caused by unfair sentence or unfounded arrest is the need to protect fundamental human rights and freedoms guaranteed by the Constitution and ...generally accepted international rules. The right to compensation on this basis (although subjective civil right) has a sui generis legal nature, because it is connected with the protection of human rights. Joint public-private legal nature of such a request is expressed in the legislation of the Republic of Serbia, because the circle of authorized persons and the conditions under which they may be entitled to compensation is determined by the criminal procedural rules, while the existence of a legally recognized forms of damage and the extent to which the damage may be reimbursed is estimated according to the general rules of Law of obligations. While the legislation is very progressive, it is observed that, in practice, the applications for compensation are usually submitted because of the most unreasonable detention of up to one month or three months, and the inefficiency of the criminal proceedings, suspended upon the expiration of the absolute limitation of prosecution. The state could easily affect these practices. Also, the priority of state must be meeting its financial obligations with regard to final adjustments, and the imposition of demands for compensation.
In the Republic of Serbia there is still neither a public fund for the compensation of the victims of the violent crime, nor do the until now undertaken reform of the penal law respect in the ...necessary measure the interests of the victims. The documents of the UN, the European Council and the EU contain guidelines for the foundation of funds for the public compensation of the victims of violence, and the comparative European experiences indicate by their action the existing system of social protection is completed. The authors analyses the reasons for the introduction of these funds and they plead for the compensation of the victims from public funds to be enabled for the reason of justice and humanity, according to the idea of prosperity within a state of prosperity. That reason should have priority in relation to other, pragmatic, criminal-political reasons and the obligation of the domestic legislation to (formally) adjust itself to the European standards.
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