International Journal of Economics and Law.
Pursuant to Article 14 of the Rulebook on Categorization and Ranking of Scientific Journals,
the International Journal of Economics and Law is in category M23
Volume 12 | No. 35
ADMINISTRATIVE-LEGAL PROTECTION OF ENVIRONMENT IN THE REPUBLIC OF SERBIA
Administrative-legal protection of environment in the Republic of Serbia is exercised within administrative procedure and administrative dispute. The framework of this protection is created by the Law on General Administrative Procedure as well as separate laws such as the Law on Free Access to Information of Public Interest, Law on Environmental Impact Assessment, Law on Strategic Environmental Impact Assessment and Law on Integrated Prevention and Control of Environment Pollution.
Within the administrative procedure, the right to legal protection can be exercised by filing a complaint against a decision which a party considers unsatisfactory. Within the procedure of exercising right to access to ecology-related information, as information of public interest, a dissatisfied party may file a complaint to the Commissioner for Information of Public Importance if they consider that their right to the access to these pieces of information was violated. In addition, administrative-legal protection of environment is exercised within the procedure of inspection and monitoring of implementation of provisions of the laws regulating the environmental field.
An extraordinary importance of administrative-legal protection is reflected in its preventive nature which is mirrored in the issuance of relevant permits, inspection monitoring, taking certain preventive activities and other measures because if such kind of protection is missing, there is no possibility to have further civil-legal protection within the judicial procedure which would address the issue of damage compensation.
Taking into account all of the above as the starting point, this paper analyses administrative procedures where environment protection can be exercised bearing in mind that a great number of ecological law norms belong to administrative law. For example, within the environmental impact assessment procedure, the right to a complaint can be exercised within the second phase of the procedure – the phase related to the establishment of the scope and content of the environmental impact study against a decision of a competent body adopted upon a filed request while, against a decision of a competent body adopted within the third phase of this procedure – the procedure related to the decision-making on the approval of the impact assessment study, an administrative dispute can be initiated.
In addition, the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters which established the right to environmental protection within administrative and judicial procedure is especially important.
HYDROSPHERE IN THE REPUBLIC OF SERBIA: LEGAL FRAMEWORK, CONDITION AND MECHANISMS OF RESTORATION AND PROTECTION THROUGH THE GREEN TRANSITION PROCESS
The right to clean water is recognized as human right, although, it is considered within the framework of the rights to the clean environment. It can also be viewed independently. However, for the purposes of this paper, we will consider the right to water within the framework of the right to a healthy environment. The aforementioned rights represent human rights guaranteed by numerous international treaties and acts of a declarative nature. The water regime in Republic of Serbia is considered to be the most unfavorable one in Europe, with major flaws reflected in the incomplete sewage network, with an insufficient number of collectors for wastewater treatment, as well as insufficient control of scattered (diffused) emissions of polluting agents. The enormous pressure on the water regime in the Republic of Serbia does not give us the possibility of an individual approach to the problem solution. It is necessary to have a comprehensive plan, which would be implemented by combining different sectoral policies and by implementing mutually compatible programs. Solving certain issues such as the occurrence of eutrophication, the emission of phosphorus, heavy metals and other substances can give full results only as part of a broader action plan.
INDEX OF REVEALED COMPARATIVE ADVANTAGES IN THE SYSTEM OF NUMERICAL DATA AT OILSEEDS
The index of revealed comparative advantages (RCA), which we express in percentages, can be used to calculate exports and imports by year and country. In this paper, we will analyze the RCA of soybeans and sunflowers, where if the values of this index are greater than zero in the analyzed years, comparative advantages in exports have been achieved, and vice versa. The subject of the research is the index of discovery of comparative advantages (RCA), as an indicator that determines the realized turnover and, based on the results, gives a suggestion to the country for the turnover of the given product (oilseeds – soybeans and sunflowers and their products). The most important export products from oilseeds are sunflower and soybean oil for human consumption and sunflower and soybean meal as animal feed. The turnover of these products on the domestic market takes place in favor of the EU and CEFTA countries, which reflects our comparative advantages. The main goal of the research is to use scientific methods to analyze the RCA of plant production in oilseeds and their products for the period from 2019 to 2022, through primary and secondary data. The paper also used tables in which summarized data for the most important regions and plant crops were presented, supplemented by more graphic representations through graphs. The main sources of data used in this scientific and research work are statistical yearbooks of Republic of Serbia and statistics of foreign trade, internal material Reports of the business association “Grain of Republic of Serbia”, studies on the competitiveness of Republic of Serbian agriculture, data collected via the Internet, as well as author’s research published in books, other magazines and publications. Among the foreign statistical sources, the database www.fao.org, www.eurostat and world agriculture magazines Nitra, foreign trade statistics, USDA (United States Statistical Date) were used the most. This paper aims to make a theoretical and practical contribution in defining a long-term development strategy for oilseeds and their products with reference to RCA.
APPEAL IN THE ADMINISTRATIVE PROCEDURE DUE TO, SO-CALLED, ”SILENCE OF THE ADMINISTRATION”
In this paper, the author tried to point out a specific problem in the functioning of public administration in the countries of the Western Balkans, which is not specific to other European countries. This specifically deals with the conscious/unconscious neglect of the obligation of the public authority to respond to the party’s request. This type of non-action of public administration, in practice has been called ‘’administrative silence’’. That failure to exercise public powers conferred by law, leads to legal uncertainty, because the party cannot be sure that he will exercise the right that he demands, ie, for which he submits an application. In this regard, this paper did not ask whether the request was founded at all, but only whether the administrative body responded to the request. Whether the response is positive or negative for this type of problem is not important, because when the administrative body makes any decision, a positive or negative one, the party is allowed by law to challenge such a decision if he believes that the administrative body made a mistake. Therefore, the problem arises when the applicant is prevented from trying to exercise his right by means of legal remedies, before the administrative authorities or later before the competent court. Unfortunately, we see this type of problem often in our administrative practice, and it is necessary to point out the problem, in order to reduce this illegal phenomenon as much as possible and eventually eliminate it completely from practice.
FINANCIAL LITERACY AND ENTREPRENEURIAL EDUCATION AS A PREREQUISITE FOR THE DEVELOPMENT OF ENTREPRENEURSHIP IN THE REPUBLIC OF SERBIA AND NORTHERN MACEDONIA
Adriana Jović Bogdanović
Entrepreneurship is not a legacy of the new age. It has been present in various forms for centuries. However, in the last fifty years, entrepreneurship has has a a larger focus, and attention is paid to it by entire countries and numerous researchers. It has become a subject of institutional and non-institutional education. The reason for the increased interest in entrepreneurship is primarily its compliance with modern ways of life and work, and it seems that the generations that are maturing accept to an even greater extent the opportunities it offers. Entrepreneurship education and financial literacy, as its key components, are the focus of national education strategies in the Western Balkans. Thus, in the Republic of Serbia and Northern Macedonia, entrepreneurial education and financial literacy have been in the focus in the last ten years. In this context, there has been an increase in the number of seminars and trainings on this topic. There are also numerous associations and organizations that call for starting a business, as well as numerous initiatives for the introduction of entrepreneurship in all levels of the education system. The primary goal is to awaken the entrepreneurial spirit and innovative way of thinking in the younger population. Through the implementation of elements of financial literacy we should strive to create a good basis for recognizing the chance to start their own business. In the continuation of thia paper, the authors analyze the level of presence of entrepreneurial education and financial education / literacy in the countries of the Western Balkans, with special reference to the current situation in the Republic of Serbia and Northern Macedonia.
STATISTICAL ANALYSIS OF THE RELATIONSHIP BETWEEN OBSERVED CHARACTERISTICS
All statistical surveys are conducted using statistical methods, where one phenomenon can be analyzed independently of other phenomena, where in that case we consider such an analysis as one-dimensional. On the basis of the results obtained during the analysis, a conclusion is made, ie. a decision is made.However, individual phenomena in nature and society cannot always be presented and observed individually because they are intertwined.There is a certain interdependence between them.Such a relationship between phenomena is simply a consequence of a certain legality, regularity.In statistical research of time series, one basic feature is that based on data from the past and present, future events can be predicted, while at the same time, the existence of relationships between phenomena is determined.This analysis does not represent a cause and effect analysis, but determines the relationship between observed phenomenaIt gives an answer to the question of whether changes in one phenomenon result in a change in another phenomenon, i.e. They determine the interconnectedness of phenomena and their strength, or some would emphasize whether there is a certain agreement in the movement of variations..These interdependencies are determined by statistical methods based on the combination of variations. It is on this basis that the research presented in the paper is based.The aim is to examine a certain statistical relationship between total electricity production in BiH and exported electricity from BiH.There is much research in the literature on the association of phenomena using linear regression.The notion of correlation is briefly explained, represented by the correlation coefficient Pearson’s coefficient, Spearman’s coefficient.
DO ANTECEDENTS OF JOB SATISFACTION DIFFER BASED ON TURNOVER INTENTION IN AUTOMOTIVE SPARE PARTS SECTOR: CASE OF BOSNIA AND HERZEGOVINA
Tatjana Mamula Nikolić
Purpose — The aim of this paper is to examine whether antecedents of job satisfaction differ between employees who intend to change their current job and employees who do not want to change their current job.
Design/methodology/approach — The study is part of the annual surveying of the retail sector of Auto Milovanovic company from Bosnia and Herzegovina. The sample consisted of 204 respondents who were retail staff, dominantly males (98%) between 31-40 years old (61%), who participated in the survey about employee satisfaction that lasted for two years. In order to provide an answer to the research aim multiple linear regression was conducted.
Findings — In the group of employees with high turnover intentions, predictors that significantly predicted job satisfaction were satisfaction with working conditions, salary, and job safety, while the relationship with other employees was a significant predictor of job satisfaction among the employees with low turnover intentions.
Originality/value — While most of the studies only indicate the existence of an association between job satisfaction and turnover rates, the current study tries to get a deeper understanding about the relationship between job satisfaction and turnover intentions. By exploring antecedents of job satisfaction among two subgroups of employees – those who have high intention to change current work, and employees with low turnover intentions, the study indicates the importance of nurturing good relations between co-workers.
THE STATE AS A LEGAL ENTITY
In this paper, the author starts from the concept of the state, and looks at the fact that the state can be the holder of rights and obligations, ie whether the state can be understood as a legal entity. The state is an organization that has a monopoly of physical force in one country. This means that only the state can, through its competent authorities, apply instruments of coercion on its territory. Thus, e.g. certain state bodies conduct criminal proceedings (police, prosecutor’s office and court) and execute criminal sanctions. Coercion is exercised against individuals who have acted contrary to certain legal provisions in the field of criminal law. The state protects general social interests. However, the fact is that performing state affairs is of general, common interest. The state is a complex organization made up of a large number of people belonging to various social groups who perform various class or social affairs. The rule of law is achieved in such a way that administrative bodies (as well as judicial ones) cannot pass individual acts without concretizing and applying certain legal and other regulations. Thus, the state is an organization that has a monopoly of power and has the function of ensuring the realization of general interests and the survival of the ruling class in power.
CORRELATION OF COMPANY PERFORMANCE WITH THE ADOPTED TQM MODEL OF DIFFERENT LEVEL AND SIGNIFICANCE IN IMPLEMENTATION
This paper discusses the method of performance assessment and analysis with technical and economic aspects related to the realization of products and services in the company where TQM is implemented. This complex control method is based on a heuristic (first phase), and an algorithmic model in other phases. The best solutions are selected based on the results of optimization and analysis of feasible variances of defined products and services, for which special consideration is given to capacities and conditions under which they will be manufactured and delivered product and realise services, as well as parameters will be monitored on the level of processes and achieved effects. The focus is on the importance factors, the company’s ability with TQM and improved realization of defined plans. Everything that has been set and achieved is related to the level of implemented TQM, so that special quality of this consideration is given by comparisons of effects (total company performance and marginal performances by parameters) in relation to available TQM as program and its performance.
According to the presented method, it is possible to report the best solutions of products of similar categories and different purposes which work in different operating conditions. The methodology presented here has a practically universal application for the optimal choice of resources (in accordance with the required level of competence of the company in terms of performing of specific programs) for the implementation of products and services and achieving high performance after their placement.
STATISTICAL RESEARCH OF CORRELATION OF IMPLEMENTED TQM AND QUALITY SYSTEMS IN THE SUPPLY CHAINS BY FUNCTIONS AND PROGRAMS THAT ARE CERTIFIED INDIVIDUALLY
The authors started from the goals of both concepts and confirmed that the concepts of KMS and TKM differ in several key aspects. In the same sense, the results of the company achieved by implemented QMS or TQM are not identical.
QMS and TQM have in common is that the company works as good organized system according to a documented quality system. The differences are primarily reflected in the fact that KMS focuses on strong leadership, development of mutually beneficial relationships with suppliers and a systematic approach to management, while TKM focuses on: customers and their satisfaction, teamwork and employee cooperation with mutual respect, integration of organizational systems, strategic and systemic approach to governance, and considers relationships with all stakeholders to be beneficial.
However, according to knowledge by authors, some researchers suggest that the QMS needs to be first achieved (and ISO 9001: 2015 certification), in order to create a more favorable base with an environment for TQM implementation. On the other hand, according to research by several authors, QMS often acts as an obstacle to extrapolating the quality system to the level of TQM, through which the company achieves better performance.
Today, by the way, there is no firm consensus in theory and practice on the direct relationship between a certified QMS and TQM. The authors concluded that it is justified only if to first identify the performance of the company in accordance with the certified QMS, and then the performance in a similar company (applying benchmarking to companies of the same level of development and competitive potential) with the implemented TQM, and performs off comparison of both concepts. It is logical that both QMS and TQM directly affect the company’s performance, so that specific effects could be identify, observed, measured and analyzed.
The appropriate research model in this paper was tested by data collected by a survey from a significant number of companies that have different certified quality systems (QMS, EMS, IMS, SMS, HACCP, OHSAS, etc.) or unique TQM, with companies having different performance with QMS (focused on product delivery and high quality and repeatability services) and TQM (with main aim at continuously increasing consumer satisfaction achieved through the integral quality of delivered goods or services).
LIABILITY FOR DAMAGE DONE BY ANIMALS IN PUBLIC ROADS
Frequent traffic accidents in public roads in the Republic of Serbia, caused by an animal (most often a dog) entering a public road, raise the question of liability for damage done, which is material in most cases, but there have been quite a few examples of injured parties claiming both non-material and material damage. In order to determine liability for damage done, it is first necessary to establish the status of animals in positive law, i.e. whether they are considered to be dangerous objects and whether in the case of damage done in a public road as a result of an animal getting into the road it is possible to apply the principle of strict liability for damage done by dangerous objects and dangerous activities. On the other hand, it needs to be determined if the issue of liability for damage done varies depending on the type of animal having done damage and if one should resort to the criterion of differentiating between dangerous and non-dangerous animals or if it would be better to differentiate between the actions of wild and domestic animals. In addition, it is required to precisely define the measures for protecting traffic in a public road from game and other animals as stipulated in national regulations and how the entity liable for damage done varies depending on the public road type, which is often point at issue in practice. The author aims to answer the question of application of rules of liability for damage done by animals in public roads because of frequent dilemmas both in theory and in practice about who should be liable for damage done in these situations, which, in turn, makes injured parties unclear on who to bring their claims for compensation of damage against, i.e. which party ought to have capacity to be sued in compliance with law of the Republic of Serbia if action is brought before a competent court. Finally, the author attempts to answer the question in which cases, in compliance with positive law, the party liable may be exempted from liability for damage done in a public road with an involvement of an animal, as well as which circumstances suggest shared, i.e. joint and several liability in the situations specified.
THE IMPORTANCE AND ROLE OF ESPIONAGE AT THE INTERNATIONAL LEVEL
This paper defines espionage as the secret activity of collecting useful data. Old civilizations such as Ancient Rome, Greece or Egypt used a variety of spy techniques and methods in order to create a clear picture of their enemies. The XX century was marked by world wars and the bipolar world division, which resulted in great tensions and confrontations at the international level. It was the time when the world’s most powerful intelligence services were formed, while their agents used various abilities to harm the rival side. Therefore, this paper analyzes spy activities, as well as espionage that take place in modern times, in which the race for weapons and economic domination occupies the most important place. Nowadays we are confronting a new form of espionage (industrial espionage), because multinational companies are consolidating their dominant position.
THE OPINION OF PARENTS ON THE IMPACT OF DISTANCE EDUCATION DURING THE PROCESS OF THE COVID-19 PANDEMIC
This research was conducted in order to find out the views of parents of 1st grade elementary school students about the distance education process during the pandemic COVID-19. The sample of the research is a group of parents of a secondary vocational school (30 parents). When determining the study group, a type of sample was used, namely a purposeful type of sample. Data were obtained through online interviews with parents who participated in the research. Data were processed through descriptive analysis. The results of the research determined that parents could not use the given applications that were used in classes, that they had problems connecting to the Internet, that they could not connect to Google Classroom and access materials for the class, that the sense of responsibility of the students decreased , and that dependence on technology and social media has increased.
The majority of parents believe that distance learning is good, that the number of assigned tasks could have been a little higher, that communication between students and teachers was ensured, but also that Viber messages appeared late or did not reach students and parents at all . Parents also gave some suggestions for improving this process. Parents expressed their desire to continue remote work even when traditional teaching continues, but also to be involved in adequate training within the school.
PROTECTING THE EU’S INTEREST BY ESTABLISHING A SUPRANATIONAL EU BODY? FINANCIAL INTEREST OF THE EU AND THE EUROPEAN PUBLIC PROSECUTOR’S OFFICE
The fight against financial crime, that is, the fight against fraud directed against the financial interests of the EU, is set as one of the priority activities for the Eeropean Union (the „EU“) and the Member States. Although the EU acts proclaimed the principle of a joint fight against fraud and other illegal activities that harm the financial interests of the EU, significant results in this field have not been achieved for a long time. Namely, the lack of interest of the judicial authorities in the protection of the EU’s (financial) interest as their own interest, was noticed in the Member States, while, on the other hand, the measures taken at the EU level, at the normative and institutional level, were not adequate and sufficient to combat fraud directed against the EU budget. As a result of the above, the estimated damage suffered by the European Union budget on an annual basis was from €500 million to €3 billion. However, despite the mentioned worrying data, the path to the establishment of a supranational body whose work would significantly contribute to the detection of fraud committed against the EU budget and the prosecution of criminals – the European Public Prosecutor – was not an easy one. The word is about the „young body“ of the EU, which started its work in the middle of 2021, and which went through a „development path“ of 20 years – was first proposed in the project Corpus Juris (1997) and was established in 2017. Bearing in mind the importance of the establishment and work of the aforementioned body for the protection of the financial interests of the EU, the author indicates its origin and development, the arguments for and against its establishment, as well as the results achieved by this body in its work.
NATURAL DISASTERS AS A CAUSE OF EMERGENCY SITUATIONS FROM THE SECURITY AND LEGAL ASPECT
Nature strikes back at us, that is now completely clear. Since the emergence of civilization, man has sought to subordinate nature and to restrain its indomitable temperament, subordinating it to his own, often opportunistic needs. Also, nature has often been exploited beyond its limits of endurance, to its detriment and with open and often unjustified nihilism. Nowadays is the time for nature to collect its claim from humanity. Payment is made through frequent natural disasters and catastrophes, which begin to affect the whole world equally. There are more and more frequent weather disasters, earthquakes, fires and floods, and the reason for that should be sought in climate change, which occurred as a direct consequence of human actions.
The paper will not go into the problem of natural disasters, but the way to act in case of their occurrence. Humanity must build defense mechanisms against new weather conditions and protect itself from great consequences in the sense of human sacrifice and material damage. Also, adequate measures must be taken to prevent unforeseen weather situations and harmful consequences.