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APPLICATION OF LAW AND LEGAL CERTAINTY PROGRAMME
34 Meeting | Belgrade
22 December 2021
KOPAONIK SCHOOL OF NATURAL LAW SLOBODAN PEROVI!
Universitas Iuris Naturalis Copaonici
ONLINE INTERNATIONAL
SCIENTIFIC CONFERENCE
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PROGRAMME
APPLICATION OF LAW AND LEGAL CERTAINTY
KOPAONIK SCHOOL OF NATURAL LAW - SLOBODAN PEROVIĆ
Thirty-Fourth Meeting
ONLINE INTERNATIONAL SCIENTIFIC CONFERENCE 22 December 2021
THE HEXAGON OF NATURAL LAW I Right to Life II Right to Freedom III Right to Property IV Right to Intellectual Creation V Right to Justice VI Right to a State Ruled by Law
EDITORIAL BOARD, INTERNATIONAL SCIENTIFIC COMMITTEE AND ORGANIZING COMMITTEE Editor in Chief, Chair of the Editorial Board, the Organizing Committee and the International Scientific Committee
Prof. Dr. Jelena S. Perović Vujačić Editorial Board: Prof. Dr. Đorđe Đorđević, Prof. Dr. Nataša Delić, Dr. Hajrija Mujović, Gordana Petković, LL.M., Prof. Dr. Edita Kastratović, Dr. Božidar Otašević, Prof. Dr. Milan Škulić, Prof. Dr. Olga Cvejić-Jančić, Prof. Dr. Dobrosav Milovanović, Prof. Dr. Zoran Lončar, Dr. Christa Jessel-Holst, Prof. Dr. Dragor Hiber, Academician Prof. Dr. Zoran Rašović, Prof. Dr. Nikola Mojović, Ljubica Milutinović, Prof. Dr. Nina Planojević, Prof. Dr. Gordana Ilić-Popov, Academician Prof. Dr. Mirko Vasiljević, Dr. Dragiša Slijepčević, Miroslav Nikolić, Jasminka Obućina, Dr. Vladimir Čolović, Dr. Mirjana Glitić, Prof. Dr. Jelena S. Perović Vujačić, Dr. Thomas Meyer, Dr. Nataša Hadžimanović, Academician Prof. Dr. Vitomir Popović, Prof. Dr. Stojan Dabić, Predrag Trifunović, Dimitrije Milić, Prof. Dr. Sanja Danković Stepanović, Prof. Dr. Gordana Stanković, Prof. Dr. Rodoljub Etinski, Academician Prof. Dr. Radovan Vukadinović, Dr. Jelena Vukadinović Marković, Prof. Dr. Gordana Vukadinović, Prof. Dr. Saša Bovan, Prof. Dr. Vladan Petrov Editorial Board Secretary: Andrea Nikolić
––––––––––––––––––––––––––––––––––––––––––––– The Programme is an invitation to the authors to present their papers at the international scientific conference 34th Meeting of the Kopaonik School of Natural Law “Application of Law and Legal Certainty”
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Organizing Committee: Dr. Marko Perović, Predrag Vasić, Irena Mojović, Ljubica Tomić, Ilija Dražić, Nenad Janićević, Snežana Marinković Jekić, Milan Vučetić, Đorđe Vukotić
International Scientific Committee: Xavier Blanc-Jouvan (Professor Emeritus at the University of Paris I Panthéon-Sorbonne, France), Rajko Kuzmanović (President of the Academy of Sciences and Arts of Republika Srpska, Bosnia and Herzegovina), Prof. Dr. Gian Antonio Benacchio (University of Trento, Italy), Prof. Dr. Francesca Fiorentini (University of Trieste, Italy), Zoran Rašović (Montenegrin Academy of Sciences and Arts, Montenegro), Vlado Kambovski (Macedonian Academy of Sciences and Arts, North Macedonia), Prof. Dr. Aleksandra Maganić (Faculty of Law, University of Zagreb), Dr. Mateja Durovic (King’s College London, UK)
PROGRAMME OUTLINE OF THE THIRTY-FOURTH MEETING
22 December 2021
10.00–11.45 OPENING OF THE 34th MEETING
Prof. Dr. Jelena S. Perović Vujačić Chair of the Kopaonik School of Natural Law – Slobodan Perović
WELCOME REMARKS
“PROFESSOR SLOBODAN PEROVIĆ” AWARD Public announcement of the winners and presentation of the Awards
INTRODUCTORY REPORT Conclusion of Contracts and Legal Certainty – Application of International Standards in Serbian Contract Law
Prof. Dr. Jelena S. Perović Vujačić
12.00–19.30 Schedule of Work of Departments and Sections Participants are free to join working sessions at their own choice Schedule of working sessions by Departments is given at the end of the Programme
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First Department
RIGHT TO LIFE
1. Life
1. Stalking as a Type of Right to Life Endangerment – Prof. Dr. Đorđe Đorđević, Full Professor, University of Criminal Investigation and Police Studies, Belgrade.
2. The Criminal Offence of Manslaughter in the Heat of Passion (Art 115 Penal Code) – Prof. Dr. Nataša Delić, Full Professor, Faculty of Law, Belgrade University.
3. Introduction of the “AMBER Alert” System in the Work of the Serbian Police for the Protection of the Lives of Children and Minors – Prof. Dr. Željko Nikač, Full Professor, University of Criminal Investigation and Police Studies, Belgrade; Branko Leštanin, Interior Ministry, Republic of Serbia.
4. Right to Life and Wrongful Sentences – Sretko Janković LL.M., Judge of the Court of Appeal in Belgrade.
Editor: Prof. Dr. Đorđe Đorđević, Full Professor, University of Criminal Investigation and Police Studies, Belgrade
2. Health
1. Problems of the Regulatory Framework of Transplantation in the Republic of Serbia – Dr. Hajrija Mujović, Principal Research Fellow, Institute of Social Sciences, Belgrade, Legal Research Centre.
2. Introduction of Measures for the Protection of Public Health During the Covid-19 Pandemic – Dr. Sofija Nikolić Popadić, Research Fellow, Institute of Social Sciences, Belgrade; Dr. Marko Milenković, Senior Research Fellow, Institute of Social Sciences, Belgrade.
3. Pathological-Anatomical Autopsy During the COVID-19 Pandemic – Prim. Dr. Ivana Stojanović, Specialist Pathologist and Cytopathologist, Niš Clinical Centre.
Editor: Dr. Hajrija Mujović, Principal Research Fellow, Institute of Social Sciences, Belgrade
3. Ecology
1. Illegal Traffic of Hazardous Waste in Law and Practice - Gordana Petković, LL.M., ECOLIBRA, Director of Agency for Environmental Consulting, Belgrade.
2. Half a Century of Development of Contemporary International Environmental Law and Implementation of International Agreements – Prof. Dr. Dragoljub Todić, Full Professor, Institute of International Politics and Economics, Belgrade.
3. The Right to Life and Environmental Protection in the Case Law of the Human Rights Committee, the European Court of Human Rights and the European Court of Justice – Nikola Paunović, Third Secretary at the Ministry of
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Foreign Affairs of the Republic of Serbia, Ph.D. Candidate, Faculty of Law, Belgrade University.
4. Energy Efficiency – Special Area of the Energy Law or Principle of the Energy Law – Dr. Branislava Lepotić Kovačević, President of the Board of Serbian Energy Law Association.
5. Perspective of Ecocide as an International Crime – Ljubomir Tintor, LL.M., Ph.D. Candidate, Faculty of Law, Belgrade University.
6. Overview of Carbon Border Adjustment Mechanism (CBAM) and Its Impact on Energy Sector and Legal Certainty in the Republic of Serbia – Varvara Aleksić, Master of Law, Ph.D. Candidate at the Central European University in Vienna; Miloš Kuzman, Energy Law Specialist, NIS a.d. Novi Sad, Deputy President of the Board of Serbian Energy Law Association.
Editor: Gordana Petković, LL.M., ECOLIBRA, Agency for Environmental Consulting, Belgrade
4. Sport
1. Organization of Sports Events in the Circumstances of COVID-19 – Prof. Dr. Edita Kastratović, Full Professor, Faculty of Business Economics and Entrepreneurship, Belgrade; Dr. Milan Dragić, Assistant Professor, Faculty of Business Economics and Entrepreneurship, Belgrade.
2. Are There Restrictions for Those Who Create Competition Rules for Certain Sports – Dr. Blanka Kačer, Associate Professor, Faculty of Law, University in Split.; Prof. Dr. Hrvoje Kačer, Full Professor, Faculty of Law, University in Split.
3. The Role of Sports Federations in Opposing Violence at Sports Events – Dr. Božidar Otašević, Assistant Professor, University of Criminal Investigation and Police Studies, Belgrade; Dr. Bojan Janković, Associate Professor, University of Criminal Investigation and Police Studies, Belgrade.
4. Criminal Liability for Doping in Sport – Dr. Vanda Božić, Assistant Professor, Faculty of Law, University Business Academy, Novi Sad; Dr. Mirjana Đukić, Assistant Professor, Faculty of Law, Priština University, Kosovska Mitrovica.
Editors: Prof. Dr. Edita Kastratović, Full Professor, Faculty of Business Economics and Entrepreneurship, Belgrade; Dr. Božidar Otašević, Assistant Professor, University of Criminal Investigation and Police Studies, Belgrade
Second Department
RIGHT TO FREEDOM
1. Protection of Personality under Criminal Law and Procedural Law
1. One View of the Criminal Procedure Code in the Context of the Role of Constitutional Court and the Relationship between Criminal Procedural Law/Criminal Law and Constitutional Law - Prof. Dr. Milan Škulić, Full Professor, Faculty of Law, Belgrade University and Deputy President of the Constitutional Court of Serbia.
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2. Detention in the Pandemic Time – Dr. Vanja Bajović, Associate Professor, Faculty of Law, Belgrade University.
3. Measure of Prohibition of Leaving a Dwelling in Criminal Proceedings – Dr. Ivana Miljuš, Lecturer, Faculty of Law, Belgrade University.
4. Costs of Misdemeanour Proceedings – Ivana Radisavljević, Lecturer, Faculty of Law, Belgrade University.
5. Criminal Proceedings – Triumph of Procedural Technicalities and Anachronous Formalism – Branko Perić, Judge of the Court of Bosnia and Herzegovina.
6. Main Principles of the New Criminal Code of the Republic of Srpska – Prof. Dr. Miloš Babić, Full Professor, Faculty of Law, Banja Luka University, Judge of the Court of Bosnia and Herzegovina, retired; Prof. Dr. Ivanka Marković, Full Professor, Faculty of Law, Banja Luka University.
7. Criminal Law Cooperation in the European Union: Authorities, Corpus Iuris and Protection of Human Rights – Dr. Miodrag N. Simović, Vice-President of the Constitutional Court of Bosnia and Herzegovina, Full Professor of the Faculty of Law, Banja Luka University, full member of Academy of Sciences and Arts of Bosnia and Herzegovina; Amna Hrustić, LL.M., Senior Lecturer, Faculty of Law, Zenica University.
8. Guarantees in Criminal Procedure Legislation of Republika Srpska – Prof. Dr. Ljubinko Mitrović, Human Rights Ombudsman in Bosnia and Herzegovina; Dr. Veljko Ikanović, Associate Professor, Paneuropean University “Apeiron” Banja Luka and Judge of the Supreme Court of Republika Srpska.
9. Alternative or Diversional Proceedings in Juvenile Criminal Law of Bosnia and Herzegovina - Justification and Purpose of Application – Dr. Sadmir Karović, Associate Professor, Faculty of Law, Travnik University; Dr. Suad Orlić, Associate Professor, Zenica University.
10. Probatio diabolica with the “Fruits of the Poisonous Tree” – Dr. Andreja Mihailović, Assistant Lecturer, Faculty of Law, University of Montenegro.
11. Institution of a Protected Witness in Serbian Customary Law – Dr. Dragan D. Pantić, Attorney-at-Law in Veliko Gradište.
Editor: Prof. Dr. Milan Škulić, Full Professor, Faculty of Law, Belgrade University and Deputy President of the Constitutional Court of Serbia
2. Freedom of Personality – General Freedom and Freedom of Personality under
the Family Law
1. The Protection of Children Born Abroad through Surrogacy Arrangement – Prof. Dr. Olga Cvejić Jančić, Full Professor, Faculty of Law, University of Novi Sad, retired; Dr. Melanija Jančić, Assistant Professor, Faculty of European Legal and Political Studies, University Business Academy, Novi Sad.
2. Restriction of the Right to Family Life in Case of Separation of the Child from the Parents - Prof. Dr. Zoran Ponjavić, Full Professor, University of Kragujevac, retired; Ivana Ponjavić Serdar, Judge of Basic Court in Kragujevac.
3. Joint Custody – Prof. Dr. Olga Jović Prlainović, Full Professor, Faculty of Law,
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University of Priština, temporarily in Kosovska Mitrovica.
Editor: Prof. Dr. Olga Cvejić-Jančić, University of Novi Sad
3. Protection of Freedom Under the Administrative Law
1. Silence of Public Administration – Prof. Dr. Dobrosav Milovanović, Full Professor, Faculty of Law, Belgrade University.
2. Exemption of an Official in Administrative Proceedings – Prof. Dr. Zoran Lončar, Full Professor, Faculty of Law, University of Novi Sad.
3. Broad Judicial Control over the Public Authorities: Primary Objective of the New Law on Administrative Disputes of the Republic of North Macedonia – Prof. Dr. Ana Pavlovska Daneva, Full Professor, Faculty of Law Iustinianus Primus, University of Ss. Cyril and Methodius, Skopje; Konstantin Bitrakov, Macedonian Academy of Sciences and Arts, Assistant Researcher.
4. Electronic Services of the Ministry of Interior of the Republic of Serbia - Challenges for Citizens – Nataša Marković, Assistant Head of Administrative Affairs Directorate, Ministry of Interior of the Republic of Serbia.
5. Acts of Statement in the Work of the Cadastre – Dr. Milica Torbica, Senior Advisor, Republic Geodetic Authority.
6. European Court of Human Rights Ruling as Basis for Repetition of Administrative Proceedings and Administrative Disputes – Vesna Čogurić, Judge of the Administrative Court of the Republic of Serbia.
7. Distribution of Electricity as an Electric Power Activity of General Interest – Milan Kovačina, Chief of the Legal Department at the Regulatory Commission for Energy of the Republic of Srpska.
Editor: Prof. Dr. Dobrosav Milovanović, Full Professor, Faculty of Law, Belgrade University
T h i r d D e p a r t m e n t
RIGHT TO PROPERTY
1a. General Issues/Codifications
1. The Importance of Professor Slobodan Perović’s Kopaonik School of Natural Law for the Beginnings and Development of Modern Codification of the Law of Obligations – Prof. Dr. Branko Morait, Professor, Faculty of Law, University of East Sarajevo, Judge of the Court of Bosnia and Herzegovina.
2. Legal (Un)certainty in Macedonian Civil Law – Dr. Angel Ristov, Associate Professor, Faculty of Law Iustinianus Primus, University of Ss. Cyril and Methodius, Skopje.
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3. Operis novi nuntiatio in Roman Law – Milica Sovrlić, Lecturer, Faculty of Law, University of Kragujevac.
4. On Encroachment of the Adjoining Land by Olive Tree Branches according to the General Property Code for the Principality of Montenegro – LL.M. Jelena Rašović, Advisor in the Office of the Representative of Montenegro before the European Court of Human Rights, Ph.D. Candidate, Faculty of Law, University of Montenegro.
1b. Ownership and Other Property Rights
1. Alterations to Other Person’s Movable Property in the Preliminary Draft
of Serbian Civil Code – Prof. Dr. Nina Planojević, Full Professor, Faculty of Law, University of Kragujevac.
2. Demarcation of Right of Retaining Possession and Possessory Pledge in Movables (Pignus) – Dr. Aleksandra Pavićević, Assistant Professor, Faculty of Law, University of Kragujevac.
3. Property Rights of a Spouse on Real Estate under New Normative and Living Circumstances – Gordana Jovanović, Ph.D. Candidate, Faculty of Law, Belgrade University, Notary Public in Belgrade.
4. Condominium Property as a Subject of a Mortgage – Dr. Radenko Jotanović, Associate Professor, Faculty of Law, University of Banja Luka.
5. The Concept of “State Poperty” in the Practice of Constitutional Court of Bosnia and Herzegovina – Dr. Darko Radić, Associate Professor, Faculty of Law, University of Banja Luka.
1c. Ownership and Inheritance
1. Legal Nature of the Right to the Acquisition of Household Objects of Lesser
Value (Personal Chattels) – Dr. Dimitrije Ćeranić, Associate Professor, Faculty of Law, University of East Sarajevo.
2. Extraordinary Testamentary Forms – Dr. Tamara Đurđić-Milošević, Assistant Professor, Faculty of Law, University of Kragujevac.
Editors: Prof. Dr. Dragor Hiber, Belgrade University; Academician Prof. Dr. Zoran Rašović, Full Professor, Faculty of Law, University of Podgorica; Prof. Dr. Nikola Mojović, Full Professor, Faculty of Law, University of Banja Luka; Dr. Christa Jessel-Holst, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany, Ljubica Milutinović, Judge (retired), Supreme Court of Cassation of Serbia; Prof. Dr. Nina Planojević, Full Professor, Faculty of Law, University of Kragujevac
2. Taxes
1. Tax Aspect of Cross-Examination of Property Increase of a Natural Person in Serbian Legal System – Prof. Dr. Gordana Ilić Popov, Full Professor, Faculty of Law, Belgrade University.
2. Social Implications of Contemporary Taxation – Prof. Dr. Marina Dimitrijević,
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Full Professor, Faculty of Law, University of Niš. 3. Property Rights and Taxation – Case Analysis – European Court of Human
Rights – Prof. Dr. Sejdefa Dzafche, Associate Professor, Faculty of Law and Political Science, AUE-FON University, Skopje.
Editor: Prof. Dr. Gordana Ilić Popov, Full Professor, Faculty of Law, Belgrade University
3. Commercial Companies 1. Company Law of the Twenty-First Century- Full Professor, University of
Belgrade, President of the Permanent Arbitration at the Serbian Chamber of Commerce and Industry
2. Insolvency of a Group of Companies in International Law – Dr. Dijana Marković Bajalović, Full Professor, Faculty of Law, University of East Sarajevo.
3. Rehabilitation of Companies through Regulatory Actions – Jasminka Obućina, President of the Commercial Court of Appeal in Belgrade.
4. Liability of the Controlling Member for the Obligations of a Company Terminated by Forced Liquidation – Dr. Marko Radović, Judge of Commercial Court in Belgrade.
Editors: Prof. Dr. Mirko Vasiljević, Belgrade University; Jasminka Obućina, President of the Commercial Court of Appeal in Belgrade
4. Insurance
1. Viability of Principles of Utmost Good Faith in Reinsurance Contract Law – Dr. Mirjana Glintić, Research Fellow, Institute of Comparative Law, Belgrade.
2. Financial Stability and IFRS 17 “Insurance Contracts” – Prof. Dr. Wolfgang Rohrbach, Danube University Krems, Austria; Dr. Katica Tomić, BVM Law Office, Vienna, Austria.
Editors: Dr. Vladimir Čolović, Institute of Comparative Law, Belgrade; Dr. Mirjana Glintić, Institute of Comparative Law, Belgrade.
5. International Commercial Contracts/Arbitration
1. General View on Forwarding Contracts with Special Reference to the Law of Bosnia and Herzegovina – Academician Prof. Dr. Vitomir Popović, Full Professor, Faculty of Law, University of Banja Luka. 2. Settlements in the European Union Antitrust Law – Prof. Dr. Stefan Šokinjov, Full Professor, Faculty of Law, University of Kragujevac. 3. Claims under the FIDIC Conditions of Contract – Dr. Jovan Nikčević, Attorney-
at-Law, Managing Partner at Nikčević & Kapor Law Office, Belgrade. 4. The Issue of Applicability of the CISG to Auction Sales – Dr. Maša Mišković,
Lecturer, Faculty of Law, Belgrade University.
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5. Artificial Intelligence as a Mediator in Dispute Resolution Process – Near or Distant Future? – Andrea Nikolić, Assistant Lecturer, Faculty of Organisational Sciences, Belgrade University, Ph.D. Candidate at Faculty of Law, Belgrade University.
6. Updates in the Rules of Arbitration Institutions: Transitional or Permanent Solutions? – Nikolina Tomović, Assistant Lecturer, Faculty of Law, University of Montenegro, Masters Student.
7. Liquidated Damages in Construction Contract When FIDIC 1999 is Contracted, and the Serbian Law is the Governing Law – Dragica Martinović, Legal Advisor for Contracting, Energoprojekt Holding a.d., Belgrade.
8. How to drill the Internet – New Regulations on Digital Change at the EU Horizon - Dr. Thomas Meyer, GIZ Program Director, Good Governance in Public Administration, Ukraine.
Editors: Prof. Dr. Jelena S. Perović Vujačić, Chair of the Kopaonik School of Natural Law Slobodan Perović, Full Professor, Faculty of Economics, Belgrade University; Dr. Thomas Meyer, GIZ Program Director, Good Governance in Public Administration; Dr. Nataša Hadžimanović, Attorney-at-Law in Switzerland
6. Labour Relations
1. Child Labour and Labour Relations with Minors in Serbia – Prof. Dr. Radoje Brković, Full Professor, Faculty of Law, University of Kragujevac; Zoran Ž. Marković, Ph.D. Candidate, Faculty of Law, University of Kragujevac. 2. Legal Framework and Actual Position of Female Employees in Pregnancy and Maternity – Dr. Vesna Bilbija, Senior Advisor at the Administrative Court of the Republic of Serbia. 3. Gender Dimension of the COVID-19 Pandemic: Trade Union Involvement in Combating Gender-Based Violence and Domestic Violence – Dr. Vida Vilić, Assistant Director for Legal Issues, Clinic of Dentistry Niš; Dr. Kosana Beker, Programme Director, FemPlatz Association of Citizens Pančevo.
Editor: Predrag Trifunović, Judge of the Supreme Court of Cassation (retired)
7. Banks and Banking
1. Reverse Mortgage - Some of the Questions – Prof. Dr. Mirjana Knežević, Full Professor, Faculty of Economics, University of Kragujevac. 2. Consequences of Nullity and Termination of Loan Agreement – LL.M. Predrag Knežević, Attorney-at-Law in Belgrade; Nataša Stoiljković, Attorney-at-Law in Belgrade. 3. Clear and Unambiguous Data on Loan Costs in the Legal Position of the SCC on the Permissibility of Contracting Loan Costs – Predrag Ćatić, Legal Affairs Specialist, Association of Serbian Banks.
Editor: Prof. Dr. Stojan Dabić, International Centre for Development of the Financial Market, Belgrade
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F o u r t h D e p a r t m e n t
RIGHT TO INTELLECTUAL CREATION
1. Trademark Protection for Product Packaging with Analysis of Trade Dress Institute – Nikola Milosavljević, Master of Law, Lecturer, Faculty of Law, University of Kragujevac.
Editors: Dimitrije Milić, Attorney-at-Law, Belgrade; Prof. Dr. Sanja Danković Stepanović, Full Professor, Faculty of Political Sciences, Belgrade University
F i f t h D e p a r t m e n t
RIGHT TO JUSTICE
1. Court in Connexity with Justice
1. Changes and New Legal Solutions in the Domain of Non-Contentious Procedure – Dr. Gordana Stanković, Full Professor, University of Niš, retired.
2. Presumptions for Verdict Based on Confession – Prof. Dr. Dušica Palačković, Full Professor, Faculty of Law, University of Kragujevac, retired; Dr. Sanda Ćorac, Assistant Professor, Faculty of Law, University of Kragujevac.
3. Special Appeal on Points of Law in Serbian Civil Procedure Code – Prof. Dr. Nikola Bodiroga, Full Professor, Faculty of Law, Belgrade University.
4. Counter-Enforcement – Prof. Dr. Nebojša Šarkić, Full Professor, Faculty of Law, Union University, Belgrade; Mladen Nikolić, Judge of Commercial Court of Appeal in Belgrade.
5. Exercising the Rights of the Common-Law Partner in the Legal Protection Procedure – Dr. Milena Trgovčević Prokić, Professor, Faculty of Law, Union University, Belgrade.
6. Remote Trial during the Pandemic as a Challenge for Judiciary – Dr. Biljana Lepotić, Judge of Basic Court in Novi Sad.
7. Collective Lawsuit in Montenegrin Legislation and Practice – Dr. Miloš Vukčević, Associate Professor, Faculty of Law, Mediteran University, Podgorica, Attorney-at-Law.
8. Application of Law through Court Practice to Legal Certainty - European Report on Traffic Accidents - Vladimir M. Vrhovšek, Judge of the High Court in Belgrade; Prof. Dr. Vladimir V. Kozar, Professor, Faculty of Law for Commerce and Judiciary, Novi Sad.
Editor: Prof. Dr. Gordana Stanković, Professor, University of Niš
2. International Relations and Justice
a) International Law 1. Complexity of Relationship between Legal and General Certainty:
Comparative Analysis of Approaches of the European Court of Human Rights and the International Criminal Court – Prof. Dr. Rodoljub Etinski, Faculty of Law, University of Donja Gorica, Faculty of Law, University of Novi Sad.
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2. The Right to Citizenship for Persons with International Protection – Prof. Dr. Ivana Krstić, Full Professor, Faculty of Law Belgrade University.
3. On Some Terminological Problems in Serbian Language in the Field of International Law – Academician Prof. Dr. Boris Krivokapić, Full Professor, Faculty of Business Studies and Law, MB University, Belgrade, Faculty of Law, Samara National Research University S.P. Korolev, Samara.
4. United Nations Peacekeeping Operations – Dr. Duško Dimitrijević, Principal Research Fellow, Institute of International Politics and Economics, Belgrade.
5. Endangering of Human Rights and Artificial Intelligence – Dr. Gordana Gasmi, Research Fellow, Institute of Comparative Law, Belgrade; Dr. Dragan Prlja, Research Fellow, Institute of Comparative Law, Belgrade.
Editor: Prof. Dr. Rodoljub Etinski, University of Novi Sad
b) European Union Law
1. The Reform of Preliminary Ruling Procedure in EU Law – Dr. Jelena Vukadinović Marković, Research Fellow, Institute of Comparative Law, Belgrade; Academician Prof. Dr. Radovan Vukadinović, University of Kragujevac.
2. Which Rule Is To Be Applied? Difficult Relationship between the EU Law and the Law of Member States – Prof. Dr. Gian Antonio Benacchio, Full Professor, Faculty of Law, University of Trento.
3. Ensuring Legal Certainty in Uncertain Times: The Role of British Courts in Ensuring the Continuing Application of EU Law after Brexit – Dr. Allan Francis Tatham, Associate Professor, CEU San Pablo University, Madrid.
4. Challenges of European Integration of the Western Balkan Countries Two Decades after the Beginning of the Process – Prof. Dr. Jelena Ćeranić Perišić, Principal Research Fellow, Institute of Comparative Law, Belgrade.
5. Duty of Information in European Private Law – Dr. Mateja Durovic, Reader in Law, King’s College London.
Editors: Academician Prof. Dr. Radovan Vukadinović, University of Kragujevac; Dr. Jelena Vukadinović Marković, Institute of Comparative Law, Belgrade
S i x t h D e p a r t m e n t
RIGHT TO A STATE RULED BY LAW
a) State Ruled by Law - Theory and Practical Experience
1. Application of Law as a Microsociological Analysis: An Example of the Law on Protection of Population from Infectious Diseases of Republic of Serbia – Prof. Dr. Saša Bovan, Full Professor, Faculty of Law, Belgrade University.
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2. (Ab)use of the Militant Democracy Measures – Loyalty of Civil Servants and Limits to Political Association – LL.M. Nikola Pantelić, Deputy Public Prosecutor in the Third Basic Public Prosecutor’s Office, Belgrade; Dr. Mijodrag Radojević, Research Fellow, Institute of Political Studies, Belgrade
3. The Duty to Know the Law, Legal Awareness of Law and Legal Certainty – Kristina Balnožan, Ph.D. Candidate, Faculty of Law, Belgrade University, student of initial training at Judicial Academy of the Republic of Serbia.
Editor: Prof. Dr. Saša Bovan, Full Professor, Faculty of Law, Belgrade University
b) State Ruled by Law – Constitutional Law Issues
1. The Constitutional Amendment Procedure in the Republic of Serbia in
“Venetian Mirror” – Prof. Dr. Vladan Petrov, Full Professor, Faculty of Law, Belgrade University, Judge of the Constitutional Court of Serbia, member of Venice Commission.
2. Principle of Legal Certainty in Decisions of the Turkish Constitutional Court and the Ombudsman institution of Turkey – Prof. Dr. Zehra Odyakmaz, Full Professor, Faculty of Law, Ufuk University; Prof. Dr. Bayram Keskin, Dean of Faculty of Law, Kocaeli University.
3. Standstill in Constitutional Review Proceedings – Dr. Vladimir Đurić, Senior Research Fellow, Institute of Comparative Law, Belgrade.
4. The First Presidential Veto in Serbian Constitutional Legal History – Dr. Miroslav Đorđević, Research Fellow, Institute of Comparative Law, Belgrade.
5. Constitutional Judiciary Dilemmas regarding the Application of the Law on Protection of the Right to Trial within a Reasonable Time in Enforcement Proceedings – Besfort Ramadani, Master of Law, Adviser to the Constitutional Court of the Republic of Serbia.
6. Theoretical-Terminological Analysis of the Translation of the Concept of the Rule of Law in the Constitution of Bosnia and Herzegovina – Benjamin Nurkić, Master of Law, Ph.D. Candidate, Faculty of Law, University of Tuzla.
7. The Right to Human Dignity – Basic Human and Personal Right – Prof. Dr. Rok Lampe, LL.M. (University of Utah), Full Professor, Institute of Business Law, Maribor, Slovenia.
8. Centralism in “Vidovdan” Constitution as an Element of Constitutional Identity and the Cause of the Collapse of the Kingdom of Serbs, Croats and Slovenes – Dr. Marko Stanković, Associate Professor, Faculty of Law, Belgrade University.
9. Models of Supervision of Constitutionality and Legality – LL.M. Hamdija Šarkinović, Judge of Constitutional Court of Montenegro, retired.
10. Normative Control of Constitutionality and Comparative Constitutional Judiciary – Dr. Osman Kadriu, Judge of Constitutional Court of the Republic of North Macedonia.
Editor: Prof. Dr. Vladan Petrov, Full Professor, Faculty of Law, Belgrade University, Judge of the Constitutional Court of Serbia
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PAPERS COMPETING FOR THE AWARD “PROFESSOR SLOBODAN PEROVIĆ”
1. Witness Examination in the Main Hearing – Aleksandar Kvastek, Master of Law,
Ph.D. Candidate, Faculty of Law, Belgrade University. 2. Scope of the Principle of Establishment of Truth in Criminal Proceedings –
Aleksa Škundrić, Master of Law, student of master academic studies, Faculty of Law, Belgrade University.
3. Protection of Animals under Criminal Law - (Non)application of the Law in Practice – Natalija Živković, Ph.D. Candidate, Faculty of Law, Belgrade University.
4. Jurisdiction for Ancillary Proceedings under the Insolvency Regulation through the Prism of Relationship with the Brussels Regulation – Aleksandra Višekruna, Research Assistant, Institute of Comparative Law, Belgrade, Ph.D. Candidate, Faculty of Law, Belgrade University.
5. Enforcing the Pre-Arbitral Steps within Multi-Tier Dispute Resolution Clauses: A Roll of the Dice – Marija Ralević, Undergraduate Student, Faculty of Law, Belgrade University.
6. International Investment Disputes - Issues of Applicable Law – Stefan Jovanović, Assistant Lecturer, Faculty of Law, Belgrade University.
7. Current Trends in the Development of Labour Law: between Deregulation and Legal Certainty – Tijana Kovačević, Ph.D. Candidate, Faculty of Law, Belgrade University.
8. Application of Law and Legal (Un)certainty – Principle of Equal Pay for Equal Work or Work of Equal Value: between Myth and Reality – Mina Kuzminac, Master of Law, Ph.D. Candidate, Faculty of Law, Belgrade University.
9. Competition Law and Data Protection: The Need for Legal Certainty in a Necessary Relationship – Andrea Piletta Massaro, Ph.D. Candidate, University of Trento.
10. Reform of the Constitution and Legal Certainty – Gordana Krstić, Master of Law, Ph.D. Candidate, Faculty of Law, Belgrade University.
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REVIEW OF THE KOPAONIK SCHOOL OF NATURAL LAW
No. 2/2021 1. Blockchain as a Method of Resolving Hold-Up Problem – Prof. Dr. Predrag N.
Cvetković, Full Professor, Faculty of Law, University of Niš. 2. Corporate Purpose with a View to COVID-19 Pandemic – Prof. Dr. Vuk Radović,
LL.M. (University of Pittsburgh), Full Professor, Faculty of Law, Belgrade University.
3. The Concept of National Treasures under Polish and EU Cultural Heritage Law – Dr. Andrzej Jakubowski, Opole University, Poland.
4. The ECJ’s Coman Judgement: Indirect Recognition of Same-Sex Marriage? – Prof. Dr. Milena Petrović, Full Professor, Faculty of Law, University of Kragujevac, retired.
5. Costs Incurred in the Course of and in Connection with Civil Proceedings in Croatian Law – Prof. Dr. Mihajlo Dika, Professor Emeritus, Faculty of Law, University of Zagreb.
6. Civil Disputes as a Consequence of COVID-19 – Prof. Dr. Aleksandra Maganić, Full Professor, Faculty of Law, University of Zagreb.
7. Third Party Funding and Access to Justice – Milan Lazić, Attorney-at-Law, Senior Partner, Karanović & Partners Law Office, Belgrade; Milica Savić, Attorney-at-Law, Partner, Karanović & Partners Law Office, Belgrade.
8. Investment Arbitration and the MFN Conundrum – the Long and Winding Road from Maffezini to Içkale – Uroš Živković, LLM (Cantab) Returning Point Circular Migration Project Expert within the United Nations Development Program.
9. Reform of Key Interest Rates on the Money Market and Some Implications for Credit Markets – Prof. Dr. Đorđe Đukić, Full Professor, Faculty of Economics, Belgrade University.
10. Macroeconomics and Political Misuse: Interpreting Economic Policy – Prof. Dr. Aleksandra Praščević, Full Professor, Faculty of Economics, Belgrade University.
Editor: Prof. Dr. Jelena S. Perović Vujačić, Chair of the Kopaonik School of Natural Law – Slobodan Perović, Full Professor, Faculty of Economics, Belgrade University
15
SCHEDULE OF WORK
22 December 2021
Plenary Session 10.00–11.45
OPENING OF THE 34th MEETING INTRODUCTORY ADDRESS Prof. Dr. Jelena S. Perović Vujačić Chair of the Kopaonik School of Natural Law – Slobodan Perović,
WELCOME REMARKS
“PROFESSOR SLOBODAN PEROVIĆ” AWARD Public announcement of the winners and presentation of the Awards
INTRODUCTORY REPORT
Conclusion of Contracts and Legal Certainty – Application of International Standards in Serbian Contract Law
Prof. Dr. Jelena S. Perović Vujačić
* * *
Schedule of Work of Departments and Sections
Sections will run concurrently as per the following schedule
12.00–13.45 First Department
RIGHT TO LIFE
1. LIFE – Prof. Dr. Đorđe Đorđević, Full Professor, University of Criminal Investigation and Police Studies, Belgrade
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Second Department RIGHT TO FREEDOM
2. FREEDOM OF PERSONALITY – Prof. Dr. Olga Cvejić-Jančić, University of
Novi Sad
Third Department RIGHT TO PROPERTY
3. COMPANIES – Academician Prof. Dr. Mirko Vasiljević, Belgrade University;
Jasminka Obućina, President of the Commercial Court of Appeal in Belgrade
4. INSURANCE – Dr. Vladimir Čolović, Institute of Comparative Law, Belgrade; Dr. Mirjana Glintić, Institute of Comparative Law, Belgrade.
5. TAXES – Prof. Dr. Gordana Ilić Popov, Full Professor, Faculty of Law, Belgrade
University
F i f t h D e p a r t m e n t RIGHT TO JUSTICE
6. COURT IN CONNEXITY WITH JUSTICE – Prof. Dr. Gordana Stanković,
University of Niš
S i x t h D e p a r t m e n t RIGHT TO A STATE RULED BY LAW
7. STATE RULED BY LAW – THEORY AND PRACTICAL EXPERIENCE –
Prof. Dr. Saša Bovan, Full Professor, Faculty of Law, Belgrade University
* * * 14.00–15.45
First Department
RIGHT TO LIFE
1. HEALTH – Dr. Hajrija Mujović, Principal Research Fellow, Institute of Social Sciences, Belgrade
17
2. SPORT – Prof. Dr. Edita Kastratović, Full Professor, Faculty of Business Economics and Entrepreneurship, Belgrade; Dr. Božidar Otašević, Assistant Professor, University of Criminal Investigation and Police Studies, Belgrade
Third Department RIGHT TO PROPERTY
3. LABOUR RELATIONS – Predrag Trifunović, Judge of the Supreme Court of
Cassation (retired)
4. BANKS AND BANKING – Prof. Dr. Stojan Dabić, International Centre for Development of the Financial Market, Belgrade
F o u r t h D e p a r t m e n t RIGHT TO INTELLECTUAL CREATION
5. RIGHT TO INTELLECTUAL CREATION – Dimitrije Milić, Attorney-at-Law,
Belgrade; Prof. Dr. Sanja Danković Stepanović, Full Professor, Faculty of Political Sciences, Belgrade University
F i f t h D e p a r t m e n t RIGHT TO JUSTICE
6. INTERNATIONAL LAW – Prof. Dr. Rodoljub Etinski, University of Novi Sad
* * *
16.00–17.45
First Department
RIGHT TO LIFE
1. ECOLOGY – Gordana Petković, LL.M., ECOLIBRA, Agency for Environmental Consulting, Belgrade
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F i f t h D e p a r t m e n t RIGHT TO JUSTICE
2. EUROPEAN UNION LAW – Academician Prof. Dr. Radovan Vukadinović,
University of Kragujevac, Dr. Jelena Vukadinović Marković, Institute of Comparative Law, Belgrade
* * *
16.00–18.45
Second Department RIGHT TO FREEDOM
1. PROTECTION OF PERSONALITY UNDER CRIMINAL LAW AND PROCEDURAL LAW – Prof. Dr. Milan Škulić, Full Professor, Faculty of Law, Belgrade University and Deputy President of the Constitutional Court of Serbia
2. PROTECTION OF FREEDOM UNDER THE ADMINISTRATIVE LAW –
Prof. Dr. Dobrosav Milovanović, Full Professor, Faculty of Law, Belgrade University Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH
PANEL DISCUSSION: “ADMINISTRATIVE JUDICIARY REFORM”
Third Department RIGHT TO PROPERTY
3. GENERAL ISSUES/CODIFICATIONS; OWNERSHIP AND OTHER
PROPERTY RIGHTS; OWNERSHIP AND INHERITANCE – Prof. Dr. Dragor Hiber, Belgrade University; Academician Prof. Dr. Zoran Rašović, Full Professor, Faculty of Law, University of Podgorica; Prof. Dr. Nikola Mojović, Full Professor, Faculty of Law, University of Banja Luka; Dr. Christa Jessel-Holst, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany, Ljubica Milutinović, Judge (retired), Supreme Court of Cassation of Serbia; Prof. Dr. Nina Planojević, Full Professor, Faculty of Law, University of Kragujevac
4. INTERNATIONAL COMMERCIAL CONTRACTS/ARBITRATION – Prof.
Dr. Jelena S. Perović Vujačić, Chair of the Kopaonik School of Natural Law – Slobodan Perović, Full Professor, Faculty of Economics, Belgrade University; Dr. Thomas Meyer, GIZ Program Director, Good Governance in Public Administration; Dr. Nataša Hadžimanović, Attorney-at-Law in Switzerland
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Sixth Department RIGHT TO A STATE RULED BY LAW
5. STATE RULED BY LAW – CONSTITUTIONAL LAW ISSUES – Prof. Dr.
Vladan Petrov, Full Professor, Faculty of Law, Belgrade University, Judge of the Constitutional Court of Serbia
* * *
19.00–19.30
CLOSING OF THE 34th MEETING
KOPAONIKSCHOOL.ORG
KOPAONIK SCHOOL OF NATURAL LAW SLOBODAN PEROVI!
Universitas Iuris Naturalis Copaonici
