Archibald Reiss Days

THE EUROPEAN UNION’S MODEL ON INTEGRATED BORDER MANAGEMENT TO COMBAT TRANSNATIONAL ORGANIZED CRIME

Johann Wagner — Fri, 26 Nov 2021 00:00:00 +0100

In the 21^st century, along with the process of globalisation, a constantly evolving security environment creates new dimensions of threats and challenges to security and stability of a trans-national nature. This seeks for comprehensive, multidimensional, collective and well-coordinated responses. The European Union and its specialised agencies, Organisation for Security and Co-operation in Europe, United Nations, Interpol as well as other international organisations are able to really contribute in developing cooperative and coordinated responses to these threats by relying on its broad membership and profound expertise and experience. During the past 25 years, huge processes of changes and renewals of law enforcement management standards took place in relation to strategic security management, inter alia, after the fall of the Iron Curtain, and the immense challenges in nation-building in Eastern and South-Eastern Europe. The abolition of border controls within the Union’s Schengen area and simultaneous introduction of necessary compensatory measures were additional challenges.

PROTECTION OF ADULT VICTIMS OF TRAFFICKING IN HUMAN BEINGS AND THE STATUS OF A PARTICULARLY SENSITIVE WITNESS

Zoran Djurdjevic, Aleksandra Spasojević — Fri, 26 Nov 2021 00:00:00 +0100

In addition to the introduction and conclusion, the paper consists of three logically related parts within which an analysis of certain international and national legal standards in the protection of victims of crime and particularly sensitive witnesses in criminal proceedings has been performed. A special subject of analysis were the national criminal law provisions regulating the protection of adult victims of the criminal offence of trafficking in human beings. Key problems and omissions in the protection of these witnesses were identified, as well as suggestions for overcoming them. In its conclusion, the paper underlines that particularly sensitive witnesses are not always provided protection in accordance with minimum international standards, and the reasons can be found in the impossibility of providing technical conditions, insensibility of acting officers, as well as an inadequate assessment by the authorities in charge of applying certain elements of criminal law protection.

SUPPORTING VICTIMS OF GENDER-BASED VIOLENCE IN CRIMINAL JUSTICE SYSTEM

Slađana Jovanović — Fri, 26 Nov 2021 00:00:00 +0100

The paper is focused on the actual status of victims of gender-based violence (with emphasis on domestic violence) in Serbia regarding the efforts made in the field of gender equality and victim support and protection (recently adopted National Strategy for Preventing and Combating Gender-Based Violence against Women and Domestic Violence, as well as the National Strategy on the Rights of Victims and Witnesses of Crime, and the Law on Domestic Violence Prevention). The emphasize is on the empirical data gathered in previously and recently conducted researches on victims’ satisfaction and needs articulated by their own experience from contacts with different state agencies, as well as on the requirements and recommendations of the Victims of Crime Directive 2012/29/EU and Istanbul Convention. Quality of the first contact with victim, offering relevant, useful information, efficient support and protection are of the great importance not just for victims themselves, but also in proving criminal offences of gender-based violence in criminal proceedings. Adequately treated victim will more likely become reliable witness.

DIGITAL EVIDENCE AND CRIMINAL LAW COOPERATION IN THE DIGITAL AGE

Jelena Kostić, Nataša Mrvić Petrović — Fri, 26 Nov 2021 00:00:00 +0100

Perpetrators of crimes, especially those that can be classified as economic crime, use various means to cover up the commission of crimes. These means include the use of information technologies, and many of these crimes are difficult to prove without special knowledge. Due to that, the detection and proving of these criminal acts is extremely difficult.

During the pandemic caused by the COVID-19 virus, there was a great need for the use of electronic evidence in criminal proceedings. Therefore, in an official communication, the European Commission addressed the European Parliament, the European Social Council and the Committee of the Regions by submitting a document on digitalization at the level of the European Union offered recommendations for overcoming the identified problems.

In this paper we started from the assumption that the national legislation of the Republic of Serbia needs to be further improved in order to be able to use electronic evidence at the national level and during criminal cooperation at the international level. Our conclusions are based on an analysis of international regulations, EU documents and national legislation.

THE ROLE OF CRIMINAL LAW IN TRADE SECRET PROTECTION

Mladen Milošević — Fri, 26 Nov 2021 00:00:00 +0100

The protection of confidential business information is one of crucial elements of corporate security policy. It is also an important tool for securing corporate reputation and market competitiveness. Trade secrets have legal protection through norms of Penal, Civil, Trade and Labor law. This paper focuses on the role of Criminal Law in prevention and reaction in cases of trade secret abuse. The author presents and analyses the provisions of Serbian Criminal Code that regulates trade secret breach. He also considers relations between different forms of liability for trade secret misuse in Serbian legal system. Special attention is given to the problem of poor court practice since criminal sanctions are very rarely imposed for trade secret breaches.

BULK SURVEILLANCE BETWEEN NATIONAL SECURITY AND RIGHT TO PRIVACY

Veljko Turanjanin — Fri, 26 Nov 2021 00:00:00 +0100

Abstract. An author deals with the bulk surveillance and its relationship with right to privacy. Intensive ICT development enables various modern techniques and methods of crime investigation but also results in some new types of criminal offences that could be committed using ICT. Expansion of the fundamental rights and their protection, especially in Europe, raised global awareness about right to privacy and the need to protect it. Having that in mind it seems that the main question that should be answered by legislator is: Where is the borderline between the right to privacy and the public interest to investigate or prevent crime and collect evidence. European Court of Human Rights deeply examined this issue and developed criteria earlier established in famous judgement in a case Weber and Saravia. States enjoyed a wide margin of appreciation in deciding what type of interception regime was necessary to protect national security, but considered that the discretion afforded to states in operating an interception regime would necessarily be narrower. The ECtHR had identified six “minimum safeguards” which should be set out in law to avoid abuses of power: the nature of offences which may give rise to an interception order, a definition of the categories of people liable to have their communications intercepted, a limit on the duration of interception, the procedure to be followed for examining, using and storing the data obtained, the precautions to be taken when communicating the data to other parties, and the circumstances in which intercepted data may or must be erased or destroyed. The author in this work explains international legal instrument that authorize surveillance of communication as well as its boundaries.

SANCTIONING THE VIOLATION OF DECISIONS ON THE PROHIBITION OF STATING FAKE NEWS AND THE SPREAD OF PANIC RELATED TO THE COVID-19 VIRUS IN BOSNIA AND HERZEGOVINA - PROBLEM OF APPLICATION AND PROVING IN MISDEMEANOR PROCEEDINGS

Aleksandar Ivanović — Fri, 26 Nov 2021 00:00:00 +0100

The author deals with the sanctioning for violating decisions on the prohibition of stating false news and spreading panic related to the COVID-19 virus, adopted by the authorities in Bosnia and Herzegovina (BiH). In this regard, the author first points out the shortcomings of these decisions both in nomotechnical terms and in terms of non-compliance with the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHRFF). Through a review of several misdemeanor proceedings in which these decisions were applied, he tends to point out how the poor formulation of the provisions of these decisions created problems for the police in their application. Author wants to address the problem of proving the offences of stating and dissemination of fake news and spreading panic in misdemeanor proceedings in BiH, which is caused by inadequate regulation as well as lack of adequate training of police officers related to providing of evidence for spreading fake news.

WILDLIFE TRAFFICKING AS CATALYST OF (COVID 19) PANDEMIC

Ivana Marković — Fri, 26 Nov 2021 00:00:00 +0100

Abstract: The global problem of wildlife trafficking has once again been put in the center of attention during the ongoing Covid19 crisis. Regardless of the origin of the virus, whether coming from an animal or stemming from a laboratory accident, and regardless if we will ever be able to establish the facts on this question, the issue of illegal trade with animals, whether being alive or dead, whether their transport as live stock or only their selected body parts, has become topical. Even before the current pandemic, it was well known that SARS, Ebola, Bird Flu, and MERS were caused by pathogens that have spread from animals to humans (zoonotic diseases). At the same time, the wildlife market is one of the biggest black markets in the world. Here is the intersection with the criminal justice system.

Therefore, this paper will deal with wildlife trafficking as a crime in general, then put it in the context of pandemics, as well as analyze the most relevant and/or specific international and national legal solutions on this issue.

BRAIN FINGERPRINTING AS A LIE DETECTION TECHNIQUE?

Árpád Budaházi — Fri, 26 Nov 2021 00:00:00 +0100

According to some researchers, the brain fingerprinting technique is suitable for lie detection. Others see concerns about the method, and they doubt the applicability of brain fingerprinting. The technique is based on electroencephalography (EEG). The experts examine the electrical activity of the brain with it. Electrodes are placed on the scalp and connected to an electrically neutral area of the head (e.g., the earlobe). The technique also includes a screen on which the subject sees images. The experts examine with the method how the brain responds to the pictures shown one by one. The paper presents the experiments related to the brain fingerprinting technique. We search how the technique works and analyzes criminal cases in the United States in which brain fingerprinting has been used. We describe the brain fingerprinting examination process and methodology and examine whether the technique is suitable for lie detection. We also answer the question of whether the procedure is ideal for use in criminal cases.

Moral and Ethical Issues of Using Technology in Corrections

Gianina Anemona Radu — Fri, 26 Nov 2021 00:00:00 +0100

By definition, prisons and jails are places full of unethical people who have made poor choices. They are also places of power where officers have authority over inmates and must choose not to abuse that power. Therefore, in order for an agency to run effectively, it must not only acknowledge the role of ethics in corrections, but also to encourage ethical behaviour by all of those within its walls.

It is common knowledge now to admit that information is present everywhere in human activities, and information and communications technology, from PCs to the internet network and from mobile phones to world communications networks, is at the height of its development and it transforms our lives, our relations and the organisation of society.

Technology may be used for institutional corrections (like prisons, jails and correctional centres) or for community corrections (like parole and probation). It may equally protect the lives of officers and inmates and may improve the efficiency and the effectiveness of correctional practices.

In many ways technology has been a help and a hindrance for the corrections field. There are numerous challenges and, sometimes, technology consistently changes faster than people can keep up with it. So, we can say that challenges related to the use of computers and the internet, cell phones and their apps, body cameras, biometrics and facial recognition, surveillance drones, electronic monitoring and GPS systems, and X-rays and scanners are the big trends in technology for the corrections field.

INSTITUTES FOR THE IMPLEMENTATION OF COOPERATION IN CRIMINAL MATTERS WITHIN CRIMINAL LAW OF THE EUROPEAN UNION

Miodrag N. Simović, Amna Hrustic — Fri, 26 Nov 2021 00:00:00 +0100

The criminal law of the European Union in its development primarily aims to protect the financial interests of the European Union. Given that this is a single area and a single legal order, within which Member States still retain clearly defined competences, and in order to effectively protect the interests of the Union, it was necessary to introduce certain institutes that allow or facilitate a greater degree of cooperation and cohesion among the Member States in the fight against crime, which in this case also has a cross-border element. The intention was to improve existing mechanisms of cooperation between the states within the framework of international criminal law, in such a way that they become faster and more efficient. The most important institutes for the implementation of this cooperation are the European Arrest Warrant, the European Evidence Warrant, the Schengen Information System and the European Criminal Record. The paper presents the characteristics and manner of application of each of the aforementioned institutes, with a brief overview of other forms of cooperation.

GENDER APPROACH TO PENAL JUSTICE

Marina M. Simović, Miomira Kostić — Fri, 26 Nov 2021 00:00:00 +0100

Passing of the Law on Gender Equality on 20 May 2021 raised a lot of issues in the local public about the application of the Law, especially the part concerning the usage of gender-sensitive language, to some extent by neglecting other also important segments related to the improvement of the status of women and men in our country. Article 3 of the Law clearly states what gender equality means, among other things, it means “equal rights, responsibilities and opportunities, (...), equal participation and balanced representation of women and men in all fields of social life, equal opportunities for exercising the rights and freedoms.” Highlighting equal opportunities for exercising the rights and freedoms of women and men, the authors of this paper have tried to draw the scientific community’s attention to the status of women and men in penal justice. Application of the historical legal and normative method will be complemented by a positivist approach to the main research problem.

Responding to Terrorism in Bosnia and Herzegovina – Legal Perspectives

Milijana Buha, Velibor Lalić — Fri, 26 Nov 2021 00:00:00 +0100

Terrorism in Bosnia and Herzegovina (BiH) poses a significant security threat. The terrorist attacks which have been carried out or prevented, BiH citizens who travel to Syria to join terrorist groups, their return home and prosecution open up numerous questions regarding the efficiency of the criminal justice system when dealing with terrorist threats. Response to terrorism is complex and encompasses various measures at the international and national levels. A key precondition for an effective fight against terrorism at the national level is the criminal law framework. This paper addresses substantive criminal law and criminal procedure law in BiH with regard to terrorism offenses and terrorism-related offenses and analyzes the specificities of criminalization in the BiH Criminal Code, the entity criminal codes (Republika Srpska and the Federation of BiH), and the Brčko District of BiH. Finally, the solutions contained in the criminal procedure laws regarding the application of special investigative actions are presented, followed by a critical review of specific legal solutions.: terrorism, Bosnia and Herzegovina, national security, criminal legislation, special investigative actions.

THE ROLE AND THE STATUS OF HUMAN TRAFFICKING VICTIMS IN CRIMINAL PROCEEDINGS, NORMATIVE FRAMEWORK AND THE STATE OD AFFAIRS IN SERBIA

Saša Knežević, Saša Atanasov, Milica Kovačević — Fri, 26 Nov 2021 00:00:00 +0100

In recent decades special attention has been paid to the status of human trafficking victims, with a particular focus on their role and active participation in criminal proceedings. This has resulted in the adoption of international documents such as Council of Europe Convention on Action against Trafficking in Human Beings (CETS No.197) and in the development of internationally agreed standards whose application should contribute to the protection of these extremely vulnerable victims of crime. Although it is generally not disputed that, in most cases, human trafficking victims do deserve to be granted a special status of a particularly sensitive witness, in practice there are significant problems that call into question the quality and usefulness of the protection provided for these persons.

The paper consists of two key segments. The first segment is dedicated to the analysis of normative framework related to the protection of human trafficking victims in criminal proceedings, covering both the international context and the national context in Serbia. Second part of the paper includes an overview of the results of empirical research conducted in Serbia that point out to the practical problems in the field of victim protection, such as: inadequate techniques applied in the process of witness examination, inability to obtain compensation for the victims in criminal proceedings and victims de facto being disabled to take part in criminal proceedings ending in plea bargain. The authors have applied normative-dogmatic and comparative methods.

The aim of the paper is to provide some recommendations that could contribute to a full implementation of the existing normative framework.

ENCRYPTED MOBILE PHONES

Milana Pisaric — Fri, 26 Nov 2021 00:00:00 +0100

The secure phone industry has become increasingly important in mobile computing. Various security mechanisms have been developed and put in place to counter the threats to which a smartphone user is exposed - one of them is encryption. There are many software and hardware solutions that enable encryption. On top of that are encrypted phones i.e. custom smartphones that are said to be more secure than mass-market phones. All of these products have been produced and used for legitimate reasons. However, criminals also use them. Encryption systems based on software and hardware represent the obstacle in criminal investigation, depriving authorities the possibility to gain electronic evidence while conducting search of phone or surveillance of electronic communication (Going dark problem). Also, in several past years law enforcement agencies throughout the world encountered encrypted phones while investigating serious crime activities. That resulted in proactive approach which is presented and analysed in this article

DEFERRING OF CRIMINAL PROSECUTION IN THE CRIMINAL PROCEDURAL LAW OF SERBIA, MONTENEGRO, AND CROATIA WITH SPECIAL REFERENCE TO THE INSTRUCTIONS OF THE PROSECUTOR'S ORGANIZATIONS

Željko Mirkov — Fri, 26 Nov 2021 00:00:00 +0100

Abstract: Deferring of criminal prosecution belongs to so-called diversion methods of resolving criminal proceedings. This institute was introduced into the criminal procedure systems of the Republic of Serbia, Montenegro, and Croatia at approximately the same time. As this was an entirely new institute, there was no previous prosecutorial practice nor criteria that would help in the concretization and implementation of the legal provisions themselves. This resulted in the issuance of bylaws – instructions for improving the implementation of this institute by the prosecutor's organizations. Therefore, although the legal regulation of this institute is of primary importance, the fact that it is also regulated by instructions issued by the prosecutor's organizations, which provide additional guidelines in its implementation, should not be ignored. Aiming to offer a complete review of this topic, this paper will present and analyze the provisions found not only in the laws but also in the bylaws of the above countries and point out their similarities and differences while providing specific suggestions de lege ferenda in relation to Serbian procedural law.

PROBATION ADVICE IN SERBIA AND THE NETHERLANDS

Dijana Jankovic, Marina Beun — Fri, 26 Nov 2021 00:00:00 +0100

Abstract: This paper illuminates the main characteristics and results on implementation of probation advice in the Netherlands, in the Serbian legal system and in the key international documents. The Dutch probation service is an independent service, and in cooperation with the prosecution has permanent place in the judiciary system. The probation service in the Netherlands acts and cooperates with the Court and Prosecution in all phases of criminal procedure. In the Netherlands, the reports on the personal circumstances of the defendant are received from the Prosecution Service and the law allows the prosecutor or judge to use this information before deciding on the type and lengthof the criminal sanction. The Probation Service provides data in a specific format, which allows the stakeholders in the process to easily review the advisoryreport and notice the most important information.

The aim of this paper is an exchange of practical knowledge and experience between a judge from Serbian and public prosecutors from the Netherlands. The following questions will be addressed: In which cases in the Netherlands is a probation advicerequested and in which cases not? What are the indications or guidelines? For what offences and for what offenders might probation advice be used? What alternative sanctions and measures can be proposed? Who can request for an advice of the Probation Service and what is the procedure? Content and form of the report, what subjects are described? The function of the probation advice: in which way is it used and what are the advantages? The paper contains an analysis of certain cases in the Netherlands and Serbia and describes how the parties involved would deal with these cases in either Serbia and in the Netherlands. Finally, the paper contains an analysis of the possibilities and modalities of the application of the probation advice and alternative sanctions in the criminal procedure and the procedure for execution of criminal sanctions in the Republic of Serbia.

THE FUTURE AND THE ROLE OF THE EUROPEAN PUBLIC PROSECUTOR'S OFFICE IN SLOVENIA

Mojca Rep — Fri, 26 Nov 2021 00:00:00 +0100

ABSTRACT

Article 86 of the Treaty on the Functioning of the EU mentions the rules regarding the establishment of the European Public Prosecutor's Office, an institution that will have to be completely independent of any government and designed to prosecute fraud involving fraud of European funds. Based on activities related to the appointment of two European delegated prosecutors, the State Prosecutorial Council sent the proposal to the Ministry of Justice on 3 December 2021. The Government of the Republic of Slovenia was also informed of the proposal and expressed interest in annulling the entire appointment procedure. According to the State Prosecutor General Drago Šketa, the latter could constitute an arbitrary interference with the independence and autonomy of the State Prosecutor's Office, and an illegal and unconstitutional decision. Appointment procedures must be regulated by law and carried out transparently, on the basis of objective criteria in impartial procedures without any discrimination.

THE NAISSANCE OF FORENSICS IN SERBIA

Ivana Krstic Mistridzelovic — Fri, 26 Nov 2021 00:00:00 +0100

Serbian police gradually implemented scientific methods in legal proceedings and determinately kept up with the world in the application of the latest scientific achievements. The first step in this field was made by establishing the State Chemical Laboratory in 1859, which performed various expert analyses of evidence for the purpose of criminal investigation. Education in forensic medicine performed in the Faculty of Law starting from 1863 provided conducting forensic medical and anatomical pathological investigations, as well as pathohistological and bacterial examinations. The same as in the other European countries, starting from 1897 in Serbia, photography was used in the investigation of criminal events in the penal system. So-called „bertillonage“, based on anthropometry and accepted world wide as reliable method for identification of criminals, was introduced in Serbia in 1904 when the Anhropometric Police Department was established.. As soon as the methods of classification of the fingerprints were developed, dactyloscopy was advocated in Serbia and practiced in the Anthropometric Police Department since 1912. The development interrupted by the Great War continued after its end. The Department of Technical Police established in 1921 in Belgrade with jurisdiction on the entire state territory successfully performed its main task: took care of photographing criminals and other dangerous persons, registered criminals and been a forensic-medical laboratorium. Analysis of birth and youth of forensic methods in Serbia will be performed in this paper in order to indicate that regarding forensical development Serbia in the 19th and early 20th centuries was not outside the European mainstream as well as it isn't today.

POLICE STUDENT NUTRITIONAL BEHAVIORS

Aspen Streetman, Filip Kukić, Kaite Heinrich, Nenad Koropanovski — Fri, 26 Nov 2021 00:00:00 +0100

Introduction:
A career in law enforcement is physically and mentally demanding, contributing to increased health risks and occupational stress. Physical activity and healthy eating are beneficial for maintaining a healthy weight and preventing many chronic health conditions (e.g., heart disease, cancer). While most police students must pass a fitness exam to enter training and again before becoming sworn police officers, it is unclear if academy training prepares officers to develop healthy dietary habits for their careers. This study aimed to investigate typical dietary habits of police students at the University of Criminal Investigation and Police Studies, Belgrade, Serbia, and determine ways to improve officer education in healthy eating.
Methods:
A sample of police students (n = 137, 36.5% female) of average age 20.2 years participated in a survey to evaluate their typical dietary habits. Descriptive statistics were used to describe their nutritional behaviors.
Results:
Overall, the results suggest that most students make good nutrition decisions. The majority (78.1%) of students reported using alcohol responsibly, and 74.45% drank water between meals, though only 6.6% of students ate enough fruit every day. Almost all (98.5%) understood the importance of diet, but only 11.7% received nutrition-related information from a school source.
Conclusion:
Results suggest that police student training should include nutritional education and physical preparation for holistic police officer development. This approach could help prevent poor health outcomes for police officers.
Keywords: police education; dietary habits; nutrition; Serbia

PHYSICAL ACTIVITY LEVEL OF POLICE UNIVERSITY STUDENTS ACCORDING TO IPAQ: A PILOT STUDY

Goran Žigić, Raša Dimitrijević — Fri, 26 Nov 2021 00:00:00 +0100

The aims of research were to determine the Police University students level of physical activity as well as to determine the differences in relation to gender. The total sample consisted of 60 subjects (30 male and 30 female). For assessing the levels of physical activity International Physical Activity Questionnaire (IPAQ) was used. Based on IPAQ scores (MET), the level of physical activity is classified as high, moderate and low. Results of descriptive statistics showed that the average value for a male was 8157.63 ± 3365.00 MET, while for the female it was 3793.57 ± 3152.80 MET. ANOVA results showed that there is a statistically significant difference between genders at the general level (F = 26.870, p = 0.000), as well as at the partial level for high (F = 21.23, p = 0.000) and moderate (F = 31.90, p = 0.000) level of physical activity in favor of males.

Key words: Police students, physical activity, Questionnaire

THE INFLUENCE OF THE VARIOUS SPECIALIZED PHYSICAL EDUCATION TEACHING PROGRAMS ON STUDENTS’ AEROBIC ENDURANCE

Radivoje Jankovic, Goran Vučković, Miroljub Blagojević — Fri, 26 Nov 2021 00:00:00 +0100

Aerobic endurance (AE) is considered as the one of the physical abilities that determines success on job-related physical tests for police officers. Therefore, AE is one of criteria in selection process, during the education and through working career. At the University of Criminal Investigation and Police Studies (UCIPS) the development of the level of AE takes place within the course of Specialized physical education (SPE). In the school year 2020/2021, due to the COVID-19 pandemic measures, SPE classes were organized in two models: regular (first-year students) and online (second, third- and fourth-year students). Aim of this study was to determine the influence of these different modules of SPE studying on AE of the UCIPS students. Sample of the respondents included 46 students first year (19 women and 27 men) and 45 students of third year (21 women and 24 men). AE was estimated by using Cooper’s running test at the start and at the end of the observed studying year. Difference between initial and final testing was defined by using pair sample t-test. It was determined that AE increased by 5.5% (t = -3.353, p = 0.004) with women and for 4% (t = -3.139, p = 0.004) with men for first-year students. In contrast, third-year had the reduction of AE by 3.6% (t = 2.415, p = 0.025) with women and by 6.2% (t = 3.354, p = 0.003) with men.

The Case-Law of the European Court of Human Rights and its Impact on the Definition of the Language Assistance as a Fundamental Right of the Third-Country Nationals

Elena Nikolajova Kupferschmidtova — Fri, 26 Nov 2021 00:00:00 +0100

The paper focuses on the specific aspects of the provision of language assistance to the third-country nationals arriving into the territory of the European Union. Being defined as one of the fundamental human rights, particularly within the criminal proceedings, language mediation is provided across the EU Member States in various ways. Different approaches are presented from the perspective of the European Court of Human Rights Judgments related to the violation of Article 5 §2 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Based on the European Court of Human Rights Case-Law, the author presents possible solutions to the remaining challenges faced by the EU Member States when providing the language assistance to third-country nationals arriving into the territory of the EU.

ADJECTIVE + NOUN COLLOCATIONS WITH THE ADJECTIVE “CRIMINAL” IN ENGLISH AND THEIR TRANSLATIONAL EQUIVALENTS IN MACEDONIAN

Vesna Trajkovska — Fri, 26 Nov 2021 00:00:00 +0100

The paper deals with the analysis of English adjective + noun collocations and their corresponding equivalents in Macedonian. More specifically, it focuses on the English adjective “criminal” and several nouns it collocates with in an authentic formal text.

The analyzed corpus is extracted from an official document in English issued by the European Commission and its Macedonian translation.

The aim of the paper is to determine the equivalence level between the original English collocations and their Macedonian translational equivalents with reference to their form as well as the meaning they convey.

THE ECONOMIC CRIME, SOCIAL COSTS AND ECONOMIC GROWTH

Snezhana Mojsoska, Dance Nikolovska-Vrateovska, Sashko Vrteovski — Fri, 26 Nov 2021 00:00:00 +0100

Economic crime is one of the most serious threats to the security and stability of the countries and regions in the world. The crimes are growing at an alarming step, and they are connected to the growing integrity of the world`s economy. Many scientific studies prove that expenses for dealing with economic crime, along with its social expenses from the negative consequences are huge and inhibitory to societies that are willing to achieve a sustainable level of economic growth and development. This scientific research using the inductive and deductive method`s, analysis, and synthesis, as the comparative analysis of historical trends aim to illustrate the problem with the economic crime as a regional and global problem, to give its review for the conditions with this delicts in the Republic of North Macedonia, to strengthen the connection between the number of evidenced economic delicts and the growth of GDP trough tendentious processing of data and analysis for the period of 9 years, and to collect pieces of advice for preventing and lowering of the economic delicts.

LEGAL FRAMEWORK FOR WHISTLEBLOWING

Bogdan Pušić — Fri, 26 Nov 2021 00:00:00 +0100

Abstract: The paper, apart from the introduction, conclusion and list of used literature, consists of three logical units. Starting from the fact that corruption endangers the democratic values of a society, the first part of the paper presents the foundations on which the systemic approach in combating corruption is built. The second part is dedicated to the legal framework for whistleblowing within the legal system of the Republic of Serbia. Special attention is paid to the analysis of factors that have negative impact on the number of whistleblowers, i.e. the problems that whistleblowers encounter in the whistleblowing process, in particular the absence of adequate protection and harmful consequences suffered by the whistleblower. The third part presents the characteristics and types of whistleblowing. Finally, the conclusion provides the opinion regarding improvement of the position of whistleblowers with amendments to the Law on Protection of Whistleblowers.

THE RIGHT TO FREEDOM OF MOVEMENT DURING THE COVID - 19 PANDEMIC

Ana Čović, Oliver Nikolić — Fri, 26 Nov 2021 00:00:00 +0100

We have entered the second year of a global pandemic in the world, which has resulted in the adoption of various measures that limited certain human rights, especially freedom of movement. This limitation was felt by everyone - employees, children, and especially people older than 65. It therefore seems necessary to try to answer the question of where the limits of restrictions on human rights and freedom of movement are during a pandemic, what are the differences in restrictions imposed by some states, and what is the content of court decisions in situations where this issue is a subject to court proceedings. Also, the paper will analyze the latest judgment of the European Court of Human Rights regarding the protection of freedom of movement during the pandemic in the case of Terheş v. Romania.

SHADOW ECONOMY IN SERBIA IN THE TIME OF COVID 19 PANDEMIC

Boban Dašić, Dejan Dašić, Radmila Trklja — Fri, 26 Nov 2021 00:00:00 +0100

Even as a field of study, the shadow economy is a very complex phenomenon. Although primarily related to underdeveloped and developing countries, shadow economy is present in highly developed countries as well, which indicates its immense scope. The size of shadow economy in the earlier periods has varied, depending on many factors. The objective of this paper is to show the size of shadow economy in Serbia, with particular emphasis on production of goods and services mostly consumed within the households and on illicit employment in the time of COVID 19 pandemic. The fact that there are no universally accepted methods for measuring shadow economy, but a combination of various estimate methods is used instead, adds to the problem. In this paper, we will also discuss the measures that result in reduction of shadow economy. These well-known measures include improvement of business environment and macroeconomic stability, increase of registered GDP, recovery of labour market, improved inspection activities, stricter penalty policy and more efficient collecting of tax charges. Therefore, by implementing specific measures a country can have a direct impact on the size of the shadow economy, but before that the country must first consider complex and often opposed relations that might result from its decisions.

THE ROLE OF INTELLECTUAL PROPERTY RIGHTS IN THE (UN)AVAILABILITY OF VACCINES DURING THE PANDEMIC

Gordana Damjanović — Fri, 26 Nov 2021 00:00:00 +0100

Abstract: Intellectual property law is dedicated to promoting inventions, while ensuring the protection of socio-economic interests. The financial aspects of research and the lack of alternative protection for investments impose the need for their patent protection. Many countries, especially developing ones, have resisted the patent protection of pharmaceutical products, fearing that these products would become inaccessible to them, as patent protection increases the price of medicines. However, it is exactly the rules of intellectual property that, through the institute of compulsory licensing, enable the renunciation of the monopoly over pharmaceutical products, in the time of epidemics and pandemics. The institute of compulsory licensing in the period of pandemics gives priority to human lives over the profits of several pharmaceutical companies. The question then arises as to why countries such as the EU, the United States and others rebelled within the WTO against the proposal of South America, Africa and India to implement the institute of compulsory licensing for covid-19 vaccines.

MUTUAL DEPENDENCY BETWEEN SOCIAL FACTORS AND CRIME

Danijela Petrović — Fri, 26 Nov 2021 00:00:00 +0100

Abstract: The issues of crime, its causes and effects, are perpetually current issues. Although legislators are investing efforts to act preventively and reduce the scope and types of criminal activities, crime is present in all countries of modern society. The occurrence of crime is conditioned by social, economic, and cultural factors, but also by the behavior of individuals, their biological and psychological characteristics. There are conflicting views in the literature and the professional public about the dependency between social factors and crime. The subject of the analysis in the paper is the impact of economic and social factors, primarily poverty and unemployment, on the level of crime, but also the impact of crime on the economic development. Resources engaged in police, judiciary, and crime itself have opportunity costs, and their application in other fields can affect the economic development and social well-being. We used economic tools and methods in the analysis.

LIABILITY OF MEMBERS FOR COMPANY OBLIGATIONS IN CASE ABUSES OF THE PRIVILEGE OF LIMITED LIABILITY

Strahinja Miljković — Fri, 26 Nov 2021 00:00:00 +0100

The principle of limited liability - limited liability for the company’s obligations represents the fundamentals of the operations of modern capital companies. Nevertheless, in circumstances where globalization of the market of goods and services gets more and more important, there is room for the circumvention of the law, especially in the area of abuse of the principle of limited liability for company’s obligations. The issue of piercing the corporate veil is an exception to the principle that the members of the company are not liable to the companyʼs obligations, i.e. to respond only to the amount of the amount entered into the company. The purpose and goal of establishing this institute is primarily to prevent various forms of abuse in the business of companies. Piercing the corporate veil exists in all those cases when the limited partner, a member of a limited liability company and a shareholder, as well as the legal representative of that person if he is a legally incapable natural person, abuses the rule on limited liability for the companyʼs obligations. Мisuse of the right exists when the following persons: 1) use the company to achieve a goal that is otherwise prohibited to them; 2) use the companyʼs property or dispose of it as if it were their personal property; 3) use the company or its property in order to harm the company's creditors and 4) in order to gain benefits for themselves or third parties reduce the companyʼs property, even though they knew or had to know that the company will not be able to perform its obligations. The author will investigate the extent to which the institution of piercing the corporate veil and criminal liability of individual persons is normatively regulated within the national framework and the scope of case law.

ELDER PRISONERS – A SIGNIFICANT GROUP, A MARGINALIZED MINORITY OR A CHALLENGE FOR THE PRISON SYSTEM

Vladimir Veković, Violeta Ćulafić, Mihailo Veković — Fri, 26 Nov 2021 00:00:00 +0100

Abstract: Execution of a prison sentence is a complex process burdened with a series of problems, which are multiplied when it comes to the elderly, whose share in the prison population around the world is growing rapidly. Prisons and treatment programs are designed for younger people, as the dominant part of the prison population. Elderly people face numerous problems during penal treatment, such as: outdated architectural solutions, overcrowding, victimization, inappropriate accommodation, severance of family ties, difficult access to justice, inadequate health care and lack of individualized programs to prepare for release. There are also difficulties that are a consequence of earlier risky lifestyles and the aging process: impaired health, alcoholism, addiction to psychotropic substances, poverty of social interactions, impaired mobility, helplessness, depression, fear of death, especially death in prison, etc. The unfavorable position in prison calls into question the respect for the human rights of elderly convicts, but also the possibility of quality corrective engagement and successful social reintegration. It therefore insists on the development of strategies to reduce the imprisonment of the elderly, as well as to adapt prison treatment to their specific needs. Adequate response to the special needs of older prisoners and overcoming the existing marginal status is a major challenge that requires training prison staff to work with them and special attention in classifying, accommodating, creating and implementing treatment programs, solving security problems, improving health care, maintaining family ties and realization of the program of preparation for dismissal.

ELECTORAL VIOLENCE: A CHALLENGE TO SECURITY

Milan Jovanović — Fri, 26 Nov 2021 00:00:00 +0100

Abstract: This paper focuses on electoral violence as a subset of political violence, and analyses this concept by examining the complexity of motives, actors, activities it involves, as well as pointing out contextual characteristics that contribute to the occurrence of violent events. Electoral violence can be observed at all stages of the election process - before the election, on election day and after the election. It can involve state, non-state and international groups, as either perpetrators or targets. Its forms range from various pressures, intimidations to physical and deadly violence against voters, candidates, politicians, government officials, police, military, journalists, or international observers. Electoral violence is usually linked to undemocratic regimes, but even well-established democracies are not immune to it. The prevention of electoral violence functions as an extensive network of programs led by international organizations providing assistance in improving conditions for free and fair elections and changing the attitudes around violence. The results of such prevention remain far from ideal, despite decades of efforts and important funding. Nonetheless, prevention and promotion of election integrity remain indispensable methods in combating electoral violence. Increasingly complete databases (CREV, ECAV, NELDA) allow researchers to gain a better insight into what causes electoral violence, allowing for more effective marking of security risks and prevention activities.

ABUSES OF SUBJECTIVE PROCEDURAL RIGHT OF ATTORNEY

Milan Davidović — Fri, 26 Nov 2021 00:00:00 +0100

In this paper the author deals with the abuses of procedural law in court proceedings. The basic thesis of the paper is the legal understanding, bringing under thwe legal norm the appearance in practice that was not legally defined and that is the engagement of attorneys in court proceedings by persons who do not need an attorney, only to create costs that will be award to represented persons at the end of the proceedings. The author qualifies this procedural situation as an abuse of the subjective procedural right of attorney in court proceedings. Abuse is shown in civil, criminal and executive court proceedings by the method of modeling. The final part of the paper presents the consequences of abuse, the legal reaction of the court to the observed abuse.

THE END OF THE COLD WAR AS INTRODUCTION TO THE CONFLICT OF CIVILIZATIONS

Hatidža Beriša, Katarina Jonev Ćiraković, Aleksandar Ćiraković — Fri, 26 Nov 2021 00:00:00 +0100

The clash of civilizations is actually a popular name for the theory that, after the end of the Cold War, the main source of conflict in the world will no longer be opposing ideologies, but belonging to different civilizations. The author of the theory is Samuel Huntington, an American political scientist, professor of governance science and director of the Institute for Strategic Studies at Harvard University.

Huntington claimed that in the post-Cold War period, "the clash of civilizations will dominate world politics ... the lines of separation between civilizations will become the battle lines of the future ... the next war, if there is one, will be a war between civilizations".

The paper defines the basic concepts of civilization and social conflicts, pointing out that globalization is a possible catalyst for conflict. The paper has focus on understanding the relationship between religion and war. A special feature of the paper is to look at the clash of civilizations through the prism of the theory of clash of civilizations, while the fifth part of the paper looks at the facts that indicate the reality of the clash of civilizations after the Cold War.

The aim of this paper is to understand the nature and causes of conflicts in the world after the Cold War, through the prism of the theory of conflicts of civilizations, with a presentation of relevant facts to what extent conflict is possible and real.

THE ROLE OF WESTERN BALKANS IN NATO STRATEGIC THINKING: REFLECTIONS ON CONTINUITY AND CHANGES IN SEEKING FOR A NEW RELEVANCE

Dragan Đukanović, Marko Dašić — Fri, 26 Nov 2021 00:00:00 +0100

Recently changed global political, security, and strategic context put NATO strategic thinking to new tests. The ability to adapt to unique circumstances and find a suitable position in international society is again on the NATO agenda. This paper investigates processes on the road ahead of the NATO members to a new NATO strategic concept, emphasizing Western Balkans countries and territories and their efforts to play new roles. Contemporary perception of China threat, Russian aggressive behavior in its neighborhood, pandemics, and climate change seem to put away Western Balkans from the NATO agenda. The authors claim that NATO must hold back its tier built in previous decades. Some Western Balkans countries became members, but the others remained possible sources of regional instability. Also, this is the region where most great powers clash their interests and fight diplomatically and economically for achieving their particular foreign policy goals. If striving to remain relevant in the area, NATO must (re)discover new roles with appropriate answers.

MISUSE OF PERSONAL DATA IN PUBLIC OPINION POLLS - NEW EXAMPLES IN THE FORM OF INTERNET OF THINGS DEVICES AND APPLICATIONS

Vera Arežina, Nenad Spasojević, Aleksandar Peković — Fri, 26 Nov 2021 00:00:00 +0100

This paper will analyze the importance of quantitative and qualitative research, but also their impact on the security of citizens who participate in them. Although they are of great importance both for science and for commercial purposes, personal data collected through research can be misused. During the pandemic caused by the COVID-19 virus, there was a rapid growth of online research, due to restrictions on movement and gatherings. This method of data collection is an example of how additional interests can motivate researchers to misuse personal data of respondents in different ways.

Beside, much bigger problem can be created by Internet of Things applications and devices that collect and analyze data using their software. Therefore, this paper will also offer solutions to limit and prevent potential misuse of personal data of users of these applications and devices.

Importance of counter sabotage screening for passengers` safety in air traffic

Radojica Lazić, Jelena Božinova — Fri, 26 Nov 2021 00:00:00 +0100

Abstract: Prevention is very important for countering all forms and sources of threats. Safety of civil aviation, and counter sabotage screeningfor prevention of threats to safety of civil aviation, are topics covered by many university syllabi and multiple authors. Nevertheless, we may say that safety of civil aviation hasn’t still been studied enough scientifically and theoretically, and that there are very few papers on this topic. Taking this into consideration, there is still a need for research and expanding of knowledge in this area. This paper is based on practical findings and experience, and attempts to present the importance of counter sabotage screening of aircrafts and passengers in civil aviation.

INNOVATIVE SOLUTIONS FOR DISASTER EARLY WARNING AND ALERT SYSTEMS: A LITERARY REVIEW

Vladimir M. Cvetković — Fri, 26 Nov 2021 00:00:00 +0100

In different parts of the world, decision-makers and risk managers use specific and particularly complex disaster early warning and alert systems to protect people and their material goods from the harmful effects of various disasters in a timely, efficient and appropriate manner. However, concerning the level of scientific-technological and economic development of certain countries, such systems can differ in the many characteristics that make them more efficient in specific situations. Guided by this, the subject of the paper is reflected in the systematic identification, analysis, and classification of the best innovative solutions of early warning systems in regard to their usability and efficiency. To find appropriate innovative solutions, it was performed a search of different electronic databases. The findings of this review showed that there is a huge potential for innovative solutions in the field of disaster early warning and alert systems.

THE ROLE OF CBRN LIVE AGENT TRAINING IN EDUCATION OF FIRST RESPONDERS

Gvozden Tasić, Milica Ćurčić, Ivan Lazović — Fri, 26 Nov 2021 00:00:00 +0100

In the modern security architecture, CBRN threats represent one of the most dangerous and devastating threats with immediate and prolonged affects both to people and the environment with additional security and economic consequences. The prompt and professional response has a key role in the management of the crisis caused by CBRN agents. That is why the first responders need to be trained and qualified individuals with special equipment and working methods. The aim of this paper is to present the importance of a holistic approach in training, through the integral CBRN activities that include chemical, biological, and radiological field detection and decontamination procedures, medical response and personal protection, sampling, and laboratory analytical methods as well as adequate security procedures and protocols.

Key words: CBRN threats, CBRN agent training, security, first responders

MODELS OF SCHOOL-BASED PREVENTION POLICIES FOR REDUCING SCHOOL VIOLENCE

Natasha Peovska — Fri, 26 Nov 2021 00:00:00 +0100

We experience the presence of violence as a reality, and we feel it even more by showing violence on television as a "normal" part of our daily lives. Garbarino argues that millions of children and adolescents around the world grow up surrounded by violence (Dogutas, 2011, p. 2), and even more frightening is the fact that it occurs in places that are perceived as safe, such as family and school.

School violence as a subject of public discussion has become dominant in the last few decades in the world (Show, 2004, p. 94) although this does not mean that it is a new problem in the societies. In fact, it is believed that since there are schoolyards, there are bullies in the school, there are fights between children, there are cases related to extortion of money or the children are experiencing harassment from other children. But dilemmas over whether any form of school violence is a normal part of every student's childhood are slowly disappearing, and research is focusing on exploring the many different aspects of school violence. In addition to the analysis of the phenomenological and etiological characteristics of school violence, an even more important aspect of the analysis is which prevention policies, programs and measures are most effective in preventing or reducing it.

Therefore, the subject of this paper are the models of school-based preventive policies and programs which have aim to prevent the school violence, with purpose to determine their effectiveness or their impact in terms of developing a positive child behavior and reducing the violence in schools. Through the analysis of the literature, it can be noticed that in different countries and in different social contexts, different types of school-based prevention policies and programs that are applied show different results. Hence, the solutions to how to deal with school violence are very diverse, ranging from classroom conflict management to the development of national programs, from the creation of experimental schools to school-police-legal partnership teams. Certain preventive policies have aim to enact more rules, to tighten the sanctions (zero tolerance policy) (Carra, 2009, p. 105), to strengthen school safety through the involvement of the police and other security measures and some of the policies are focused on learning socio-emotional skills or they are based on principles of the restorative discipline. Therefore, from a scientific and applicative point of view, it is necessary to be identified the positive aspects of different policies and programs and to apply them appropriately to prevent or reduce certain types of violence in a certain social context.

THE PROHIBITION AGAINST TORTURE IN INTERNATIONAL LAW

Duško Dimitrijević — Fri, 26 Nov 2021 00:00:00 +0100

In accordance with international law, torture and other forms of ill-treatment are absolutely prohibited everywhere and at all times. The prohibition of torture is considered a peremptory norm of international law (jus cogens). Numerous conventions in the field of international human rights law and international humanitarian law provide for the prohibition of torture as the most serious form of violation of the physical and mental integrity of an individual. International conventions stipulate the obligation of the contracting states to incriminate and punish the perpetrators of the crimes of torture on the principle of aut dedere aut punire. If torture was committed during the war, it is often attributed to other grave crimes such as war crimes and crimes against humanity. The study analyzes international legal standards on the prohibition of torture and provides appropriate explanations on the protection mechanisms for monitoring their application in international practice.

DISCIPLINARY PUNISHMENT OF CONVICTED PERSONS – CONCURRENCE OF NACIONAL AND INTERNATIONAL NORMATIVE STANDARDS -

Zdravko Grujic, Ivan Milić — Fri, 26 Nov 2021 00:00:00 +0100

The beginning of the execution of a prison sentence in a penitentiary institution for a convicted person means the application of special rules - the prison rules. Strict rules of conduct in prisons, according to which convicted persons must behave, are regulated, in the Republic of Serbia, by the Law on Execution of Criminal Sanctions and numerous bylaws. Failure to comply with prison regulations entails disciplinary liability of the convict. A convicted person may be punished for a disciplinary offense only if it was, in advance, prescribed as an offense. Disciplinary offenses are divided into two categories: serious and minor. If it is suspected that the convict has committed a disciplinary offense, disciplinary proceedings will be initiated in the penitentiary. Who will conduct the disciplinary procedure depends on whether the convict committed a serious or minor disciplinary offence. A convict who has committed a disciplinary offense will be punished by disciplinary measures, at the same time, other consequences may occur regarding his position in the penitentiary: classification in a group with smaller scope of rights compared to his previous position in the institution, i.e disciplinary punishment may be an obstacle to conditional release. The aim of this paper is to present the disciplinary responsibility of convicted persons in the criminal executive law of the Republic of Serbia and to determine the concurrence of national standards for the protection of convicted persons in disciplinary proceedings in relation to the standards prescribed by basic international acts in this area, above all, Nelson Mandela Rules and European Prison Rules.

Soc. SOCIOPATHOLOGICAL IMPLICATIONS OF COVID 19 PANDEMICS

Saše Gerasimoski — Fri, 26 Nov 2021 00:00:00 +0100

The world is going through the worst crises since the World War Two. Covid 19 Pandemics has changed our societal life overnight. This paper deals with the sociopathological consequences of the Covid 19 pandemics, notably with implications on several sociopathological phenomena such as suicide, alcoholism and violence, especially domestic violence. Theoretically, the paper rests mainly on the structural and functional theory of societal anomie as well as the contemporary theory of risk society. Methodologically, the paper will use comparative theoretical analyses, as well an empirical analysis of secondary data concerning the state of these sociopathological phenomena before and during the Covid 19 crises in Macedonia. The findings presented in this paper will serve as basis for future research in this field, as well as help better understand the sociopathological implications of Covid 19 crises.

FIRE EXTINGUISHER CONFORMITY ASSESSMENT – A CASE STUDY

Aleksandar Mićović, Dragan Mlađan, Nenko Brkljač — Fri, 26 Nov 2021 00:00:00 +0100

The development of large fires has an extremely detrimental effect on the working and living environment. The chances for their effective extinguishing are greatest in the initial stages of flare-up, but that time interval is very short. That is why it is extremely important that fire extinguishers be reliable and, above all, efficient. The usable quality of extinguishers is assessed through a series of laboratory and field experimental tests in the certification process, i.e. prior to placing on the market, an assessment of their conformity with the specified requirements of the relevant standards must be performed. As a result of the previous statements, it can be concluded that it is necessary to develop an appropriate certification scheme for manual and mobile fire extinguishers so that we would have the means with the appropriate level of quality in use. The paper presents a case study of fire extinguishers certification by the certification body - Technical Testing Center.

Keywords: quality, testing, conformity assessment, fire extinguishers, product certification.

CHARACTERIZATION AND POTENTIAL APPLICATION OF DEXTRAN-BASED BIOPOLYMER POWDER OBTAINED FROM HYDRANGEA MACROPHYLLA LIQUID ANTHOCYANINS EXTRACT BY ULTRASONIC EXTRACTION

Nemanja Vučković, Biljana Koturević, Nikola Milašinović — Fri, 26 Nov 2021 00:00:00 +0100

Biopolymers have numerous advantages, such are biodegradable, non-toxic, non-inflammatory and biocompatible properties, and, therefore, have a potential for various applications. In this paper dextran-based biopolymer powder, obtained from Hydrangea macrophylla liquid anthocyanins extract by ultrasonic extraction and simple precipitating method, was synthetized and characterized in order to determine its properties and potential application. ATR FT-IR analyses showed interactions between components of the system. Optical microscopy suggested that prepared biopowder formulation was small and somewhat uniform in size, and also showed its easy binding to the fingerprint residues. Additionally, prepared biopolymer powder was used to visualize latent fingerprints left on different non-porous and semi-porous surfaces, i.e. flat wood, glass, plastic and rubber. The results demonstrated the potential of obtained dextran-based biopowder to complement routinely applied systems in developing latent fingerprints.

CHALLENGES OF CONTEMPORARY PREDICTIVE POLICING

Igor Vuković, Petar Čisar, Kristijan Kuk, Brankica Popović — Fri, 26 Nov 2021 00:00:00 +0100

Big data algorithms developed for predictive policing are increasingly present in the everyday work of law enforcement. There are various applications of such technologies to predict crimes, potential crime scenes, profiles of perpetrators, and more. In this way, police officers are provided with appropriate assistance in their work, increasing their efficiency or entirely replacing them in specific tasks. Although it needs to be technologically advanced, police use force and arrest, so prediction algorithms can have significantly different, primarily drastic consequences than those that similar technologies would produce in agriculture, industry, or health. For the further development of predictive policing, it is necessary to have a clear picture of the problems it can cause. This paper discusses modern predictive policing from the perspective of challenges that negatively affect its application.

Application of artificial intelligence to support law enforcement agencies in combating financial crime

Pawel Olber, Wojciech Warczak — Fri, 26 Nov 2021 00:00:00 +0100

The relentless technological development we are witnessing has far-reaching implications for almost every area of social and economic life. Fast and unlimited access to information, the remote establishment of interpersonal, business, and financial relations, including rapid money transfers, are only some developments. The development of new technologies, apart from many advantages, brings with it many risks. These threats include criminal activity on the Internet. It is aimed at obtaining financial gain. This type of criminal activity involves financial and cyber aspects, which causes many problems and challenges in law enforcement detection activities. Law enforcement activities must consider collecting and analysing vast amounts of data, which reach gigantic sizes and capacities. The manual capacities of investigators for effective data analysis exhausted long ago. The lack of support of law enforcement authorities in advanced technological tools may cause a decrease in detection efficiency and lower public confidence in state structures and internal security. The solution to the above problem may be artificial intelligence tools that allow for automatic analysis of large and diverse data sets and identification of anomalies and information relevant for law enforcement. We describe an example of the application of artificial intelligence solutions in conducting financial investigations in this article. This work is a contribution to law enforcements agencies pragmatics. The publication shows the role and place and potential of artificial intelligence in combating financial crime.

ARTIFICIAL INTELLIGENCE AND THE CHALLENGE OF RETHINKING LEGISLATION

Gyöngyi Major, Aleksandar Čudan — Fri, 26 Nov 2021 00:00:00 +0100

Abstract: The study examines the impacts of artificial intelligence on human rights, with a special focus on the challenge of how the use of AI can remain transparent, reliable and safe, while the advantages offered by it are retained.

The aim of the authors is to shed light on the regulation paradox resulting from the black box effect arising in connection with AI. They lay a special emphasis on the fact that the adequate legal responses to an unknown technology depend on the risks identified through scientific research (“precaution principle”), though the interpretation of these risks may require a new system of aspects.

In this context, the authors touch upon the risk-based approach proposed in the EU Committee’s White Book and the importance of the resulting preliminary authorisation and of continuous human control. At the same time, based upon the black box effect, which is a regulation paradox, the following dilemma is raised: is it human or robot law that should be constituted?

In connection with the efforts made to regulate the working of artificial general intelligence (AGI), i.e. the AGI safety concept, the study emphasises that it is important to work out the principles and rules which will make the use of AGI safe already before the evolution/creation of AGI. Once AGI is there, logically, it will no longer be possible to do this as AGI may become independent and may act by its own ideas.

The authors also briefly touch upon the question of what AGIs can and cannot do (a question which raises many other issues). Further questions include whether AGIs should be controlled through penalising and restrictions or rewarding and motivation. Consequently, it is necessary to consider what AGIs’ actual rewards should be – which raises the need to redefine regulation and, in general, the regulatory system.

Digital forensic method used in interoperability framework for information systems used on EU level in area of migration and border management

Fri, 26 Nov 2021 00:00:00 +0100

Over the past years, great effort was directed to make the various information systems interoperable, as the lack of interoperability was recognized as a major obstacle to progress on the general digitalization processes. Aiming to be able to exchange data and share information so that authorities and responsible officials have the information they need, when and where they need it. Globally the interoperability framework is a commonly agreed approach to the delivery of public services in an interoperable manner, by defining basic interoperability guidelines in the form of common principles, models and recommendations. It represents the ability of information systems to exchange data and enable the sharing of information on efficient way. Implementation of interoperability framework is challenged specially regarding large IT systems on EU level using and developing in area of border management. In it biometric data has significant role as one of containing components. In this paper main components and current status of development will be presented, including those searching portal, common biometric system, common identity data repository and multiple identity detector. Following this approach, use of a shared biometric matching service, as digital forensic method, has goal to allow users to perform more efficiently search and cross-match biometric data. Furthermore, a common identity repository will enable easy access to biographical information, so person can be more reliably identified and with a multiple identity detector it will be possible to detect multiple identities.

LEGISLATIVE FRAMEWORK AND CRIMINAL-OPERATIONAL ASPECT OF COMBATING NEW FORMS OF COMMUNITY VIOLENCE

Zeljko Nikac, Branko Leštanin — Fri, 26 Nov 2021 00:00:00 +0100

The paper presents the legislative framework and the criminalistics-operational aspect of the fight against of new forms of violence in Serbia. It is primarily about domestic violence, then peer violence and violence at sports events. The social response to the challenges, risks and threats posed by new forms of violence in the community first included normative-legal activity. The legal framework for the fight against new forms of violence in the community included the adoption of special laws and bylaws, which were pointed out in the paper. On that basis, the criminalistics-operational response of the police and law enforcement agencies, judicial bodies and other relevant entities was further upgraded. The paper also points out the activities of the RS Ministry of the Interior in the fight against forms of domestic violence, peer violence and violence at sports events. In the concluding remarks, proposals were made for improving the legislative framework de lege ferenda, strengthening multi-agency and multi-sectoral cooperation, and accepting the good practice of developed countries in the context of our application for EU accession.

EXPECTATIONS OF THE LECTURERS OF THE NATIONAL PUBLIC SERVICE UNIVERSITY FACULTY OF LAW ENFORCEMENT

Gabor Kovacs — Fri, 26 Nov 2021 00:00:00 +0100

All lecturers at the University of Public Service Faculty of Law Enforcement strive for excellence. The preparation of selected students can be achieved with a select, quality teaching staff. It is in the organisational interest of the Ministry of the Interior to have well-prepared law enforcement professionals who can perform full professional duties in a short time. The training of the cadets is a responsible educational task. In order to ensure that the teaching community meets the high standards expected, the University of Public Service continuously monitors the performance of its teaching staff and has developed a complex system to measure it. The study will present the general and specific requirements for lecturers and the measurement methods for their fulfilment as a good practice that can be successfully adapted to other law enforcement training institutions in other countries.

The role of procedural justice in the work of the police

Vince Vári — Fri, 26 Nov 2021 00:00:00 +0100

Procedural justice is essentially an inherent part of every police action. It is a dynamic coefficient, a shaper of legitimacy and trust, and an elementary determinant of community satisfaction with the police. In my study, I intend to present the results of the most significant empirical research on procedural justice. I shed light on the significant correlation between procedural justice and the legitimate operation of the police. In the study, I will conditionally address the research methodology used to examine the existence or absence of procedural justice. The relationship between the police organization's internal systems, especially the fairness of the distribution system, is also an important criterion to address this in my study. Just as procedural justice affects a citizen’s police relationship, so ethical, legitimate policing is in close nexus with the police’s organizational culture and the enforcement of internal procedural justice. These are essentially called “feedback loops,” that is, the enforcement of procedural truth within a police organization can indirectly carry greater social support; however, they may also appear negatively, adversely affecting the organization's performance. Therefore, procedural justice elements must appear in the measurement of the efficiency of a police organization, just as special attention should be paid to the structure of police training.

THE USE OF TECHNOLOGIES IN ACHIEVING REAL TIME SITUATIONAL AWARENESS DURING POLICE INTERVENTION

Nenad Milić, Dragan Milidragović — Fri, 26 Nov 2021 00:00:00 +0100

Abstract: Decision-making and discretion in police interventions should be based on relevant and objective information. Complexity, level of risk, unpredictability, and uncertainty are some of the features of police interventions in which police officers need to decide how to act in a few seconds. In limited timeframe, the police officer should find and select all available information relevant to make the decision. Decision-making gets complicated and more challenging in police interventions where there is a risk of police officers getting injured and police use of force. The psychological pressure such situations create can negatively affect officers’ situation awareness or their ability to observe and choose among pieces of information essential for decision making. Consequently, relevant information may not reach the police managers who are expected to react to every change in the situation with an adequate decision.

The problem of loss or lack of situational awareness in complex and risky police interventions has long been noticed. In order to maintain situational awareness during interventions and timely get the necessary information, body-worn cameras, unmanned aerial vehicles (UAVs) for live coverage of events from the police intervention scene and geographic information systems (GIS) to integrate data from the field could be used. These technologies allow managers in police headquarters to follow all events during the police intervention "live", to be familiar the deployment and status of engaged resources at all times, notice problems, and accordingly make decisions even before receiving (or in case of delay) information via the radio communication system. Having in mind the importance of situational awareness in complex and risky interventions for decision making, the paper points to the possibilities of using body-worn cameras, UAVs, and GIS to ensure situational awareness during interventions.

Keywords: police intervention, decision making, situational awareness, body-worn cameras, UAVs, GIS.

THE ROLE OF ORGANIZATIONAL UNITS OF THE SERBIAN POLICE DIRECTORATE IN THE SYSTEM OF DISASTER RISK REDUCTION AND EMERGENCY MANAGEMENT

Dalibor Kekić, Miloš Milenković — Fri, 26 Nov 2021 00:00:00 +0100

Emergency situations caused by natural and other disasters in the Republic of Serbia are becoming more frequent. The primary strength of the disaster risk reduction and emergency management system in the response phase are the professional fire and rescue units of the Sector for emergency management. Respecting the principle of gradual use of operational staff, in a situation when professional fire and rescue units do not have sufficient capacity to react, members of organizational units of the Police Directorate join them. The floods are characteristic because of the engagement of members of the Gendarmerie, Helicopter unit, special police units, as well as members of the police of general jurisdiction and traffic police. The engagement of members of the Gendarmerie and the Helicopter unit when forest fires occur is of great benefit and represents a significant operational assistance to professional fire and rescue units. In cases of international rescue assistance sent to the Republic of Serbia, the role of members of the border police is also recognizable. In addition to the operational part, the role of the organizational units of the Police Directorate is reflected in the preventive phase through engagement in various field exercises with the aim of increasing systemic operational efficiency and effectiveness.

Police and Politics

Gojko Šetka, Dragomir Jovičić — Fri, 26 Nov 2021 00:00:00 +0100

Abstract: Police is one of the most important state bodies and its importance is seen in the nature of jobs confided by state to the police as a specific expert body. Having in mind that the police secure citizens and their property, society as a whole, everyone is interested for security to be at the top level. Police is the body of executive government and the executive government depends mostly on police and police organization. Police organization direct executive government bodies to act, police included. Also, it is clear that professional and politically independent police can provide the needed security to citizens and the state.

Keywords: politics, police, security, professionalism, political organization, state.

A contribution to the issues of role and position of independent control bodies and their significance in exercising control of administration (police) in the legal system of Serbia

Aleksandra Vasiljević — Fri, 26 Nov 2021 00:00:00 +0100

Abstract

The Great Depression which the world faced in the 1930s imposed the need for the states to be better organized in order to respond to the challenges of that time. The United States started looking for the solution in establishing new federal authorities (agencies). The agencies were entrusted with broad powers, which gave rise to criticism that they acted outside the scope of the existing system of division of power.

The wave of establishing independent bodies (agencies) later spread from the US to the European continent.

Since 2000, a large number of independent bodies have been founded within the legal system of the Republic of Serbia, following the example of other European states. The legal status of these bodies is varied: the degree of their autonomy and independence depends on their organizational form.

The role of science is to point out the importance and necessity of the existence of independent bodies, especially in the societies undergoing transition.