KULTURA POLISA

GENERATIVE ARTIFICIAL INTELLIGENCE AND COPYRIGHT

2026-04-06T15:20:09+02:00

The rise of generative artificial intelligence has intensified the debate on whether AI generated content qualifies for copyright protection. In legal systems that define a copyright work as an original intellectual or spiritual creation of an author, the question is whether AI generated outputs satisfy the core requirements of authorship, originality, and expression in a specific form. This paper examines the concept of a copyright work under the Law on Copyright and Related Rights and relevant European Union case law, particularly the standard of “the author’s own intellectual creation” developed by the Court of Justice of the European Union. The analysis argues that originality in copyright law requires free and creative choices made by a human author. While generative AI systems can produce statistically novel and formally structured outputs, such outputs lack the personal intellectual contribution necessary for copyright protection unless a human exercises decisive creative control. The paper concludes that copyright protection cannot be extended to purely AI generated content without undermining the conceptual foundations of authorship and originality in copyright law.

HUMAN TRAFFICkING DURING THE MIGRANT CRISIS IN THE BALКANS (CASE STUDY: ALBANIA)

2026-04-05T16:48:59+02:00

The migration crisis in the Western Balkans (2015–2020) has increased Albania’s vulnerability to human trafficking. As a transit and increasingly destination country, Albania faced challenges in identifying, protecting, and reintegrating victims, particularly migrants, refugees, and unaccompanied minors. This study examines the legal and institutional framework, including the National Referral Mechanism and cooperation with NGOs, as well as the role of international actors (UNHCR, IOM, GRETA, OSCE). Despite progress in legislation and victim protection mechanisms, challenges remain in victim identification, professional training, and inter-agency coordination. The study highlights the need for regional cooperation, a human-rights-based approach, and technological tools for more effective anti-trafficking measures.

MARKET SHARE THRESHOLDS AND LEGAL CERTAINTY IN THE DRAFT REVISION OF THE EU TECHNOLOGY TRANSFER BLOCK EXEMPTION

2026-03-27T20:11:15+01:00

In this paper, the authors analyze the proposed amendments contained in the draft new block exemption regulation on technology transfer agreements in comparison with the currently applicable Commission Regulation (EU) No 316/2014. Particular attention is devoted to the market share thresholds applicable to the contracting parties and to the extended transitional (“grace”) period.

The methodology is based on a critical analysis of the proposed normative solutions and a comparative assessment vis-à-vis the existing regulatory framework and the relevant doctrine in the field of technology transfer and EU competition law. The findings indicate that the retention of the nominal market share thresholds limits the practical scope of application of the block exemption and increases reliance on self-assessment under Article 101 TFEU. Conversely, the extension of the grace period enhances the stability of the exemption’s application in situations of temporary market fluctuations.

THE PROTOCOL ON PROTECTION OF CHILDREN FROM PARENTAL ABUSE AND NEGLECT AND CONSEQUENCES FOR CHILDREN’S INTEGRITY AND PERSONALITY DEVELOPMENT

2026-03-27T18:34:08+01:00

The paper summarizes the legal regulations regarding child protection in case of parental abuse and neglect. The current protection system was analyzed, and gained insight are presented alongside explaining a l steps for ensuring the we l-being of the child. An attempt was made to point out the importance of the current protection system implemented by the guardianship authority and other amenable authorities, but also to examine the issue critica ly by presenting a case from practice that i lustrates opportunities for continuous improvement. The methods used in writing this paper are: theoretical analysis of available content from legal acts and relevant scientific papers, normative method, synthesis of relevant information within various fields, such as law and psychology, and concretization based on the presented case from practice. The aim of this paper is to introduce the protection measures, the basic rights of the child and the principle of its best interest in all procedures, as we l as to point out the work methods of Center for Social Work. Despite the lack of adequate data on the extent of these actions against children, the paper emphasizes the need for establishing a more efficient reporting system and changing people's awareness regarding the correctness of such behavior. Due to aforementioned difficulties in obtaining sufficient and relevant data on the topic, there is a lack of statistics that would expedite the development of prevention measures and the system improvements.

DUTIES OF DIRECTORS OF COMMERCIAL COMPANIES FACING THE LIKELIHOOD OF INSOLVENCY

2026-04-25T18:30:11+02:00

Following the adoption of EU Directive No. 1023/2019 on preventive restructuring frameworks and its implementation into the national legislation of EU Member States, as we l as beyond the EU, specific statutory duties have been introduced for directors of commercial companies facing the likelihood of insolvency. In the course of regular business operations, directors owe specific duties to the company and its shareholders. Until recently, special duties towards the company’s creditors arose only upon the occurrence of a ground for insolvency. The moment at which such special duties towards creditors arise has now been shifted to the pre-insolvency stage, thereby expanding the scope of responsibilities inherent in responsible corporate governance. In such circumstances, directors of a debtor company primarily owe particular consideration to the interests of creditors, shareholders, and other stakeholders. Furthermore, they are obliged to take appropriate steps to prevent the insolvency of the company. Fina ly, they must refrain from actions or omissions that, either intentionally or through gross negligence, jeopardize the sustainability of the company’s business operations. These duties represent the minimum standard established by the provisions of the Directive, a lowing Member States to introduce a broader range of obligations. however, the Directive does not define what constitutes the likelihood of insolvency, nor does it specify the content of the duty of care. Moreover, it fails to clarify which other stakeholders are encompassed by this duty of care. This gives rise to numerous questions, such as the precise moment at which special duties of care arise, the substance of such duties and their potential breach, and the identification of the persons who are beneficiaries of these duties. The aim of this paper is to analyse the newly introduced special duties of directors, the manner and scope of their implementation into national legal systems, and the practical consequences of their application. The research is based on the normative method, complemented by a comparative legal analysis of the implementation of the Directive’s provisions, while case studies provide insight into practical application.

THE LEGAL CHARACTER OF THE SUBJECTIVE TIME LIMIT UNDER ARTICLE 515 OF THE LAW ON OBLIGATIONS: BETWEEN GOOD FAITH AND FORMALISM

2026-03-27T19:44:11+01:00

The legal nature of the subjective time limit set forth in Article 515 of the Law on Obligations of the Republic of Serbia, which regulates the buyer’s right in cases of eviction, raises a number of theoretical and practical issues. Although prevailing legal doctrine and case law regard this time limit as preclusive, such interpretation becomes problematic in situations where the seller was aware of a third party’s right and failed to disclose it. The paper particularly examines the limits of contractual exclusion of the seller’s liability, viewed through the lens of the principle of good faith and fair dealing. By analyzing relevant judicial decisions and comparative legal solutions in German, French, Anglo-American, and international commercial law (CISG), the study argues for a clearer legislative determination of the nature of the time limit under Article 515 and for the introduction of exceptions in cases of the seller’s bad faith. It concludes that such a reform would enhance legal certainty, safeguard contractual equilibrium, and align Serbian contract law with modern European standards.

REVENGE OR COERCIVE PORNOGRAPHY – A NEW CRIMINALIZATION OF GENDER-BASED VIOLENCE IN CONTEMPORARY CRIMINAL LEGISLATION

2026-04-06T15:19:22+02:00

Based on international documents, as we l as the views of legal theory, criminal liability and punishability for a new incrimination within the framework of gender-based violence against women or girls have been established in European criminal legislation in recent years. This offense is referred to as “revenge or coercive pornography.” It is an incrimination directed against an individual’s personal freedom (privacy), that is, against his or her sexual freedom. With the increasingly widespread use of modern computer and information technologies, cases of their misuse have emerged in various ways, resulting in violations of sexual dignity, personal freedom, and the privacy of another person or multiple persons. Accordingly, certain criminal legislations in our region already recognize this incrimination, including those of Bosnia and Herzegovina, Montenegro, Croatia, and North Macedonia. In the Republic of Serbia, the introduction of a similar incrimination is expected under the title “Misuse of a recording, photograph, portrait, audio recording, or written material with sexually explicit content.” These materials may have been created with the consent of the injured party, but are subsequently made available to other persons without authorization. Based on international standards and comparative legal solutions, this paper analyzes the content, characteristics, constitutive elements, and forms of manifestation of this incrimination, as we l as the possibility of its introduction into the legal system of the Republic of Serbia.

THE RIGHT OF RETENTION AS A MEANS OF SECURING CLAIMS: STRUCTURE, LEGAL NATURE AND COMPARATIVE LEGAL ANALYSIS WITH SPECIAL REFERENCES TO THE THEORY AND PRACTICE OF THE REPUBLIC OF SERBIA

2026-03-27T20:32:17+01:00

The right of retention is a complex civil law institute that combines elements of real and obligation law, functioning at the same time as a real means of securing claims and a form of legally permissible self-protection of the creditor. Although it is often applied in everyday legal transactions, this institute in domestic legal doctrine is still assessed as insufficiently normatively rounded, primarily due to fragmentary legislation and limited judicial practice. Such a situation opens up numerous controversial issues regarding its legal nature, scope and limits of application, as we l as its relationship to related institutes. The aim of the paper is to systematically examine the concept of the right of retention, the conditions for its establishment, the way of exercising the right of retention, legal effects and the limits of the creditor's responsibility for damage caused to the retained thing, by applying a critical legal and normative analysis. In addition to the analysis of the domestic legal framework and court practice, the work also includes a comparative legal approach, through consideration of solutions developed in certain continental European legal systems, as we l as in international and model sources of contract law. In this way, common tendencies are pointed out, but also differences in the normative design and functional understanding of the right of retention. The goal of the work is to offer theoretically grounded and practically applicable interpretations that can contribute to a clearer understanding of this institute and to the improvement of legal certainty in its application, while relying on the experiences of comparative law as a corrective and inspiration for possible normative additions to domestic legislation.

SAFETY OF COSMETIC PRODUCTS: REGULATORY FOUNDATIONS AND PRACTICAL CHALLENGES

2025-12-10T17:55:53+01:00

This study analyzes the regulatory aspects of cosmetic product safety, focusing on the international, european and national legal frameworks, the practical implementation of regulations and current industry trends. Cosmetic products, including formulations for skin, hair and nail care, as we l as fragrances, must be safe due to their direct impact on consumer health. The study examines the definition and classification of cosmetics in relation to medicinal and biocidal products, as we l as innovations such as natural formulations, nanomaterials, and personalized cosmetics, which further complicate the regulatory framework. Regulatory systems encompass international guidelines, the european Regulation (ЕC) 1223/2009 and Serbian national legislation. Particular emphasis is placed on product safety assessment, preparation of the Product Information File (PIF), implementation of good manufacturing Practice (GMP), ingredient and nanomaterial control, labeling and advertising, as well as cosmetovigilance and post-market surveillance to ensure timely responses to adverse effects. In practice, challenges include improper labeling, the presence of unregistered products on the market, complex cross-border supply chains, online sales, the use of nanomaterials and an underdeveloped cosmetovigilance system. Recommendations include enhancing cosmetovigilance, educating manufacturers, importers and consumers, strengthening online market oversight, adapting regulations to technological innovations and promoting international cooperation. effective consumer protection requires the integration of strict regulation, responsible conduct by all stakeholders, continuous market surveillance and the use of digital tools for standardized monitoring of adverse effects, thereby improving product safety, transparency and consumer confidence in the cosmetics market.

LEGAL FRAMEWORk GOVERNING THE TYPES AND HANDLING OF MEDICINAL PRODUCTS WITH AN OVERVIEW OF PRINCIPLES OF GOOD PHARMACY IN THE PROVISION OF PHARMACEUTICAL SERVICES IN SERBIA

2026-04-05T16:52:08+02:00

The healthcare system represents one of the most complex systems in any state. Article 65 of the Law on Health Care stipulates that pharmaceutical healthcare is included among the activities constituting healthcare provision at the primary level. At the national level, each country establishes a positive legal framework governing the field related to the types and handling of medicinal products, as we l as other key issues, primarily through the adoption of relevant laws and bylaws. It is generally considered that any pharmacotherapy necessarily implies a coherent approach among all participants in the process — patients, physicians, pharmacists, and other professionals whose medical services may be required. Following a brief overview of the concept and significance of pharmaceutical activity, medicinal products, and medical devices, this paper analyzes the legal framework regulating the types and handling of medicinal products. In addition to examining the applicable laws, relevant bylaws are also presented. Finally, the paper provides an overview of the principles of Good Pharmacy Practice in the provision of pharmaceutical services in Serbia.

BETWEEN COOPERATION AND RIVALRY: ATTEMPTS OF YUGOSLAV AND ITALIAN COMMUNISTS TO DEFINE COMMON ATTITUDES TOWARDS MOVEMENTS OF THE EARLY NEW LEFT IN 1968

2026-04-06T15:20:26+02:00

Deep structural changes of the western European societies in the years after the Second world war and the creation of welfare state policies influenced leftist political thought in the countries of the western Block to take many different paths of ideological evolution. Two of the most important currents that emerged on the European left in the aftermath of the political turmoil which marked the year 1968 were Eurocommunism and ideologies of the New Left. Meanwhile, the League of Communists of Yugoslavia developed close cooperation with the Italian Communist Party, which would soon become the first Eurocommunist party in Europe, and participated in creation of the Reformist Block, an informal group of European Marxist parties that would start numerous political initiatives in order to weaken the Soviet influence in the international socialist institutions. This paper will try to summarize the results of historical research conducted in three archives in modern-day Serbia on the subject of Yugoslav participation in the formation of the collective attitudes and policies of communist parties from the Reformist Bloc towards political organizations associated with ideologies of the New Left. Also, the aim of this paper is to contribute in the long research process that could eventually provide an answer to the question – was cooperation between Eurocommunists and the New Left ever possible, and to what extent did their rivalry influence the events on the European left?

THE DISCRETIONARY POWERS OF PUBLIC ENFORCEMENT OFFICERS AND THEIR LIMITS

2026-04-07T19:10:12+02:00

Discretionary powers of the public enforcement officer represent a limited but significant margin of choice between several legally permitted solutions at the stage of enforcement. They are not systematically and explicitly regulated, but rather arise in a dispersed manner from the provisions of the Law on Enforcement and Security, which leave the enforcement officer with a degree of assessment when selecting the means and objects of enforcement, determining the order and dynamics of enforcement actions, as we l as the manner of undertaking auxiliary measures. Due to the intensity of interference with the debtor’s property rights, discretionary decision-making is legitimate only if it is strictly confined by the purpose of the proceedings and by the principles of legality, proportionality, and protection of the parties’ procedural rights, including the right to a reasoned decision and to a legal remedy. Judicial control ensures verification of whether the decision was made within the limits of the granted powers and supported by reasons that a low the review of legality, thereby preventing arbitrariness. The practical problems observed in the inconsistent application of these powers indicate the need for more precise criteria and a stronger obligation to provide reasoning de lege ferenda.

MORAL AND MATERIAL REHABILITATION OF PERSONS GROUNDLESSLY DEPRIVED OF LIBERTY

2026-04-06T15:20:39+02:00

The Right to Freedom is one of the basic human rights. This right was proclaimed by the Universal Declaration of human Rights, the Charter of Fundamental Rights of the European Union, and the right to freedom in domestic law was proclaimed by the Constitution of the Republic of Serbia. Given that the right to freedom is protected by basic international and domestic legal acts, states prescribe sanctions for persons who limit the individual's right to liberty. however, in cases where the state has limited the right to freedom, and especia ly when it has groundlessly deprived a natural person of liberty, the question arises as to whether it can be held accountable and what its obligations are to the natural person, whom its authorities, courts and police have groundlessly deprived of liberty. This paper will deal with the rights of a natural person who has been groundlessly deprived of liberty, to moral and material rehabilitation. This paper will focus on the determination of the legal nature of the institute of material and moral rehabilitation of persons groundlessly deprived of liberty.

GAMIFICATION OF RESTORATIVE JUSTICE PROCESSES: A CONCEPTUAL FRAMEWORK AND PRACTICAL APPLICATION

2026-04-08T12:28:03+02:00

This paper examines the possibilities and limitations of applying gamification within restorative justice processes, based on the assumption that contemporary interactive models can enhance participants’ understanding of conflict, the development of empathy, and reflective engagement. Restorative justice is grounded in dialogue between the offender, the victim, and the community, with the aim of fostering accountability, understanding harm, and repairing damaged relationships. However, its practical implementation is often hindered by participants’ limited readiness for perspective-taking, emotional barriers, and the lack of adequate methodological tools for preparation and facilitation. In this context, the paper explores the potential of gamification as an approach that employs game mechanics, such as role playing, interactive narratives, and decision-making simulations, to stimulate experiential learning and engagement. Through theoretical analysis, the paper identifies key phases of the restorative process, understanding harm, perspective-taking, dialogue, reparation, and reflection, and considers how gamified models might support each of them. Particular attention is given to the role of simulations in fostering empathy and preparing participants for restorative encounters, as we l as to the potential of reflective mechanisms to deepen the understanding of conflict consequences. At the same time, the paper highlights significant ethical and methodological limitations, including the risk of trivializing conflict, the psychological sensitivity of participants, and institutional constraints on the implementation of such approaches. In conclusion, gamification cannot be regarded as a substitute for restorative dialogue, but rather as a complementary tool that may enhance specific phases of the process. Its value lies in expanding the space for reflection, perspective, taking, and participant preparation, thereby contributing to the development of contemporary methodological approaches in restorative justice.