1. State secrets privilege visà-vis protection of human rights : controversies in the case of Abu ZubaydahVesna Stefanovska, 2022, izvirni znanstveni članek Opis: Purpose: This paper analyses the dilemma regarding secret state privilege and the necessity to protect human rights. The purpose of the paper is to emphasize that in some occasion’s secret state privileges have been used to provide impunity and/or avoid further investigation which can point to acts of torture or acts that are contrary to international human rights law and international criminal law. Design/Methods/Approach: The descriptive method has been used for reviewing primary and secondary sources accompanied with the comparative method in order to make retrospective between different cases. Findings: The results show that human rights are often sacrificed by invoking secret state privilege. Extraordinary renditions have been used to transfer detainees from one state to another without any legal reason for purpose of interrogations which often end with torture. The main question is: should human rights be violated in the name of national security and fighting terrorism? The logical answer is no - the respect for human rights should be the top of the iceberg and no sacrifice can be done when the right to life and prohibition of torture are in question. Indeed, the Zubaydah case triggers the issue related to impunity for acts of torture and oversight on the government and security and intelligence agencies acts. Moreover, it raises questions about the very nature and purpose of secret state privilege by elaborating that even an information that has entered the public domain falls within the secret state privilege. Originality/Value: The content of the article deals with current topic and the controversies which surround the state secret privileges in several cases as well as comparison between different courts’ decisions which have in common the issue of invoking secret state privileges in the name of national security.
Ključne besede: state secrets privilege, human rights, extraordinary rendition, torture
Objavljeno v DKUM: 27.01.2023; Ogledov: 92; Prenosov: 4
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3. Biosimilars and the patent lawMarek Świerczyński, Zbigniew Więckowski, 2019, izvirni znanstveni članek Opis: Biopharmaceuticals are one of the most important recent medical innovations which revolutionised many areas of medicine. Dynamic development of the market for biopharmaceuticals in recent years is related to the expiration of the IP exclusive rights on original innovative biological medicinal products. This has resulted in introduction to the market of biosimilars. One of the greatest challenges concerning the emergence of biosimilars is modifying the law to ensure balance between the market development of biosimilars and access of patients to biological therapy. The development of biopharmaceutical inventions works hand in hand with the patent system. It should be underlined that IP rights in the biopharmaceutical sector are crucial for promoting innovation due to the very long time of product development. It is exactly the area in which patents make sense to fill the gap between innovation and the risk of imitation. However, the existing patent system is too expensive and slow for biotechnology development. It should be further adapted to the needs of biopharmaceuticals.
Ključne besede: biopharmaceuticals, biologic medicinal product, IP exclusive rights, innovation, intellectual property
Objavljeno v DKUM: 15.01.2021; Ogledov: 494; Prenosov: 61
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4. Comparative analysis of legal status of women sentenced to deprivation of freedom in Russia and in the USAMarina Minster, 2011, pregledni znanstveni članek Opis: Purpose:
The purpose of this research is elaboration of scientifically based recommendations aimed at perfection of lawmaking in the sphere of execution of sentence. The work is based on complex analysis of regulatory control of legal status of women sentenced to deprivation of freedom in Russia and in the USA and on the revealing of peculiarities of exercising of rights.
Design/Methods/Approach:
In this research the author uses comparative law methods, formal logical and structured system methods. The methodology also includes sociological methods: the study of documents, survey (questionnaire poll); and statistical methods.
Findings:
During the examination of issues of legal status of women sentenced to deprivation of freedom the distinctive features of women and their special needs in the period of serving the sentence in correctional institutions of Russia and the USA were found and taken into account. The author also gives scientifically based recommendations concerning improvement of lawmaking both in Russia and in the USA concerning legal status of women incarcerated in places of deprivation of freedom.
Practical implications:
Conclusions and suggestions of this article can be taken into account in practical activity of correctional facilities for women. It also can be used as a basis for methodological recommendations concerning correctional influence on different types of sentenced people. The research can be useful for training of personnel in correctional facilities; it can give a profound knowledge about problems of legal status of women in places of deprivation of freedom.
Originality/Value:
This research is useful for further improvement of lawmaking and its practical use in the sphere of execution of punishment in the form of deprivation of freedom regarding sentenced women.
Ključne besede: sentenced women, places of deprivation of freedom, comparison of rights
Objavljeno v DKUM: 11.05.2020; Ogledov: 590; Prenosov: 29
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5. Perceptions of the Belgrade police detectives about core principles of democratic policing in SerbiaRadomir Zekavica, Želimir Kešetović, Tanja Kesić, 2011, izvirni znanstveni članek Opis: Purpose:
The main subject of this paper is the analysis of attitudes of police officers (detectives) in Belgrade Criminal Investigation Department (CID) about the core principles of democratic policing – protecting the citizens, commitment to the law, legal constraints of police activities and their impact on the effectiveness of policing, control of police and their legal liability. We also analyzed their views on legal solutions regulating the application of those police powers which are of greatest importance for the protection of human rights and freedoms of citizens.
Design/Methods/Approach:
The work is based on empirical research conducted in the period from September to October 2009 which included 250 (a 25 % sample) police officers in the Belgrade Police Depatment. The questionnaire comprised 49 question, the first six of which pertaining to demographic data. Most questions were of the closed form.
Findings:
The results of the research show that Belgrade police highly value objectives that are in the function of protecting interests of citizens, cooperation with citizens and absence of all forms of discrimination. They have shown animosity towards the law, as they perceive the law as a factor that limits thier efficiency. Efficiency of the police work is higly valued even at the cost of potentially violating human rights during the investigation. They consider the control of police work neccessary, preceiving the forms of internal control more useful than external control, especially those exerted by courts.
Research limitations:
This is an exploratory research, its results show tendencies and broad generalizations are not possible.
Practical implications:
Research results can be useful for police managers and for trainers in adjusting performance and attitudes of police officers in Belgrade PD.
Originality/Value:
The paper presents the findings of research upon which conclusions have been drawn regarding the perception of subjects regarding the most important issues arising from the democratic reform of police in Serbia.
Ključne besede: police, law, efficiency, human rights, control, accountability
Objavljeno v DKUM: 04.05.2020; Ogledov: 834; Prenosov: 28
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6. Trial by jury in Russia : from the cornerstone of the judicial reform to the constitutional history artifactAnna Gurinskaya, 2015, izvirni znanstveni članek Opis: Purpose:
The article explores the process of gradual legislative encroachment on the constitutional right to be tried by jury in Russia that had started in 2008 when offenders accused of committing terrorist crimes were denied the right to opt for the jury. The objective is to show how the initial use of the security argument made possible further limitations of this right.
Design/Methods/Approach:
The research is based upon qualitative analysis of documents (drafts of legal bills, explanatory notes to the drafts, minutes of the Parliamentary hearings), decisions of the Constitutional Court of the Russian Federation and judges’ dissenting opinions, statements of public officials, media reports.
Findings:
Jury trial that was once a cornerstone of the major judicial reform of the 1990-ies risks becoming a constitutional history artifact. The process of its curtailment came as a result of the inability of this institute to get adjusted to the realities of the Russian criminal process as well as of the need of the state to meet the challenges of the risk society. It is argued that the use of security argument allowed for the initial bill aimed at limiting this right for terrorists to be adopted swiftly and without much debate. It also opened the window of opportunity for further limitation of this right that came under vague agenda of victims’ protection and case review system reform. The author demonstrates that decisions of the Constitutional Court of Russia have played a significant role in promoting limitations of jury trials.
Practical Implications:
The approach used in the article can be applied to researching other cases of limiting citizens’ rights in the name of security.
Originality/Value:
The article represents an attempt to provide empirical evidence of the ‘security paradoxes’ described in the security literature.
Ključne besede: trial by jury, comparative criminal justice, Russian criminal justice, security, human rights, fair trial
Objavljeno v DKUM: 16.04.2020; Ogledov: 657; Prenosov: 31
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7. Harmonization of the Police law of the Republic of Serbia with the European standards of human rights protectionTomislav Radović, Žarko Braković, 2015, pregledni znanstveni članek Opis: Purpose:
Universality of human rights as part of natural and inalienable civilization values makes the rights a current issue of scientific treatment from various aspects. Legal regulation of human rights has both international and national component. On the other hand, governmental law-enforcement organizations play a very significant role in the realization, implementation and protection of human rights. A significant segment of the national legislation compliance belongs to the harmonization of laws and other state regulations with the European standards concerning human rights. With this work authors tried to realize the opportunities for further harmonization of police regulations in Serbia related to the field of human rights in accordance with European standards.
Design/Methods/Approach:
The authors use the method of analyzing expert literature, laws, international regulations and legal sources, as well as the descriptive method, the method of analysis and synthesis, the inductive-deductive method, and the compilation method.
Findings:
Serbia is obliged to comply with the laws of the European Union as part of the Stabilization and Association Agreement. The overall harmonization of law will certainly require harmonizing law-enforcement laws and provisions. The current Law on Police will very quickly be replaced by a new legislature in that, inter alia, pay special attention to compliance with its provisions with European human rights standards.
Originality/Value:
The article is a comprehensive, critical and presents a detailed analysis of the situation and proposals for harmonization of police regulations with European human rights standards. With regard to the process of Serbia joining the European Union conclusions expressed office may be relevant to the preparation of accession negotiations in the chapters dealing with such problems. The paper also aims at preparing a new impetus to the Police Act of the Republic of Serbia on issues related to normative regulation of human rights performance.
Ključne besede: harmonization, human rights, police, organization, standards, Serbia
Objavljeno v DKUM: 16.04.2020; Ogledov: 609; Prenosov: 27
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8. Diplomatic assurances and the stateʼs responsibility when considering extraditing a person whose human rights may be violatedVesna Stefanovska, 2017, strokovni članek Opis: Purpose:
The potential tension between a state’s need to protect its citizens from national security risks and to respect fundamental human rights is illustrated by current controversies concerning the use of diplomatic assurances in the context of extradition. The need to respect inviolable human rights brings into play the use of assurances in extradition matters, especially if the right to life and prohibition of torture are concerned.
Design/Methods/Approach:
Inductive and deductive methods are used to systematise legal cases which contain human rights violations in extradition proceedings and hold a direct relationship with diplomatic assurances. The analytical method is applied to obtain a clearer picture about violations of human rights in the extradition process.
Findings:
Diplomatic assurances are given by the requesting states for the purpose of supporting the extradition request and assuring that criminal offenders will not be subjected to ill-treatment or violations of other human rights guaranteed by the European Convention of Human Rights.
Research Limitations / Implications:
In practice, it has been proven that diplomatic assurances are highly problematic because international law does not generally outlaw the use of such assurances, but establishes legal requirements concerning the use of such assurances in the extradition context.
Originality/Value:
The article reflects the use of diplomatic assurances in extradition cases, an area that has received greater attention in past years because many states have been found responsible for human rights violations, but at the same time many suspects have managed to avoid extradition because judicial authorities have denied extradition due to assurances not being given.
Ključne besede: diplomatic assurances, extradition, torture, right to life, violation of human rights
Objavljeno v DKUM: 15.04.2020; Ogledov: 493; Prenosov: 27
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9. Patients' genetic data protection in Polish law and EU law : selected issuesKinga Michałowska, Karol Magoń, 2018, izvirni znanstveni članek Opis: The article entitled "Patients' genetic data protection in Polish law and EU law - selected issues" presents issues related to the protection of patients' rights and focuses on the legal basis for genetic testing and genetic data protection. Based on a comparison of regulations of international law and regulations on genetic tests introduced in foreign legal systems, the text analyzes the assumptions for the draft of the Polish act on genetic tests performed for health purposes. It presents the patient's consent to testing, the scope of information provided to the patient, the right to disclose research results to related persons and the protection of genetic data. In reference to the regulations set out in other acts, it was noted that they do not guarantee the protection of information obtained as a result of research. Due to the particular nature of genetic data, they require increased protection, which can be guaranteed through implementation of the Act on Genetic Research. In the final part, authors presented the most important achievements of the judicature of European Court of Human Rights in the field of genetic data protection.
Ključne besede: genetic research, genetic data, protection of genetic data, patient's rights, medical documentation
Objavljeno v DKUM: 09.10.2018; Ogledov: 1113; Prenosov: 67
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10. Important issues of providing genetic services in Serbia from the perspective of medical lawHajrija M. Mujović-Zornić, 2016, izvirni znanstveni članek Opis: Medico-legal issues that arise from the work of genetic health services became in recent time very current, especially regarding the Serbian law issues and dilema how to treat rare diseases patients among other vulnerable groups, wish often were not recognized in society. The legal system shall be an important mechanism, which could help by giving some solutions concerning the relations, rights and obligations of all parties in providing genetic services (informing, counseling, testing, keeping privacy). The law is invited to establish a delicate balance between legal qualification and more practical issues. In many countries there are medical guidelines for health professionals and biologists who work in the area of human genetics, according to which is done the essential rules for medical proceedings, with also significant parameters for legal decisions. Sometimes the legal situation is more complex when it includes malpractice cases due to violation of rights or breach of professional duties and contractual obligations in genetics. All issues should be consider from the aspect of Serbian legislator efforts to make a new codification in the area of genetic diagnostics, which is adopted in January 2015.
Ključne besede: medical genetic, legislation, human rights, case of Serbia
Objavljeno v DKUM: 09.10.2018; Ogledov: 807; Prenosov: 249
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