This paper analyses the theoretical, legislative and practical advantages and limitations of mediation as an alternative way of resolving the conflict between perpetrator and victim of domestic ...violence in Serbia. Starting from the premise that mediation in lighter cases of domestic violence is more preferred form of social reaction from the initiation of criminal proceedings; the authors analyse the legislation of the Republic of Serbia and point out that the mutual incompatibility of laws disables use of mediation in practice. Based on acceptability of the concept of restorative justice, this scientific work analyses the advantages and limitations of mediation as an alternative way of resolving the conflict of the offender and the victim in cases of domestic violence. Authors use the comparative method, legal dogmatic method, case study method (examples for court practice in Serbia) and statistical data to examine the hypothesis that mediation may constitute a constructive way of resolving less violent conflicts within the family members and why is not enough applied in practice. Modern criminal political orientation of the "zero" tolerance of domestic violence, which was adopted in law in practice in Serbia is "blocking" use of mediation, which, in public opinion, is seen as an inadequate response to this crime. Results of the analysis show that the Serbian legislature opted for a punitive response and measures of restraining as most important mechanisms for the prevention of domestic violence. These data provide insight into the marginal segment of the formal response to domestic violence in Serbia. Few studies in Serbia comparing foreign experience and domestic social possibilities for the success of mediation in cases of domestic violence.
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 with-in 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. Adapted from the source document.
This paper presents the Principles of European Tort Law insofar as they relate to damages for non-pecuniary loss. The provisions contained in these Principles are intended to reconcile the ...contradictions that exist between common law and civil law, as well as between the Roman and Germanic variants of civil law. In addition, the acceptance of key standards prescribed by regional international organizations that relate to human rights, day-to-day lives of people, and the development of transportation and international trade, requires legislation to be harmonized, thereby fostering interest in the Principles of European Tort Law.
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