ČASOPIS VJEŠTAK

The Responsibility of the Contractor and Designer for the Solidity of the Building

Jovana Pušac — 2024-06-12

The responsibility of the contractor and designer for solidity (stability and security) of the building is, according to its legal nature, the strictest contractual liability which, under the conditions prescribed by the law, lasts ten years from the time of delivery and acceptance of the building and which is not possible to limit or exclude by contract. The contractor and designer respond to both the investor and any subsequent acquirer of the building, but individually, each for its own mistakes. However, since in cases of litigation, there are also cases in which it is not always possible to determine the individual contribution to the damage, in the circumstances of the common harmful actions, when it is known exactly which of participants under construction was participant in the construction works, but it is not possible to determine how much damage caused from each of them, the rules on the responsibility of the contractor and the designer apply to them in solidum. In doing so, the sovereign evidence of the damage represents the expertise of court expert in the field of architecture and civil engineering. The court expert should answer not only the question of whether the building is damaged, in what extent and degree, but also on the factual question about the type of construction defects in question - qualitative or disadvantages that affect the solidity of the building. This is because, depending on such lege artis made expertise of the court expert will depend on the answer to the legal question - which deadlines apply in the event of a court dispute, a two-year or ten-year warranty period.

Problems in forensic assessment of diminished life activity

Zoran Ivanov — 2024-06-12

U forensic expertise Decrease the life activity, it is necessary to determine the time and intensity of all major life activities of the victim and its consequences in the form of morphological and / or functional disorders.
In carrying out everyday activities observed “normal life activities.”
On their performance utču functional deficits which are valued using the table. In performing the “individual life activity” of significance is the intensity and time of individual physical exertion. These parameters are increased levels of functional deficit at the European table is the only basis for assessing the reduction of environmental activities.
The findings and opinions is necessary numerical and descriptive izjašnajvanje for a fuller insight and the parties to the dispute and the court itself.
Total minimize environmental activities is the total reduction of common and individual life activities. Example: 2.46% + 1.01% = 3.47%.
Quantification and description diminished life activities is the basis for the declaration of the degree of mental anguish.Decide pleading impairment of life activities, using the table and proposed criteria, to more accurately determine the damage which evens case law and just compensation.
It should be realistic to point out that the age limit be damaged practiced environmental activities from the circle hobbies, recreation.For these reasons it is indicative done izjašnajvanje nakog certain time for possible deterioration in the result.

Transfer prices between related companies

Jozo Piljić — 2024-06-12

Prices are not fixed on the free, open market. They may vary from prices that are negotiated between unrelated trading partners in a comparable transaction in equal circumstances. If the goods and services involved in the transaction between associated parties are overrated, the seller’s profit is increased and the buyer’s profit is lowered. Conversely, if the goods and services are underrated, the buyer’s profit is increased and the seller’s profit is lowered. The abuse of transfer pricing policies exists when profit and expenses are allocated because of the reduction of taxable profit. Transfer prices on multinational companies level (holding), which consists of the parent and subsidiaries, has multiple effects. There exist several methods of determining transfer pricing.

Legal Qualification of the Criminal Offense and Principle of Legality in Criminal Law

Miodrag N. Simović — 2024-06-12

Laws (criminal and other secondary) are the basic source of modern national (internal) criminal law not only in Bosnia and Herzegovina, but also in other developed countries. In this way, the application of unwritten (common) law, court practice, or analogy in the creation of criminal law norms is excluded, even in the case of legal gaps. However, these supplementary, auxiliary sources of criminal law have not lost their importance even today, both in national criminal law and in international criminal law, especially if their application is exceptional, justified, purposeful and rational, and reduced to the minimum possible extent. Namely, with the legal qualification of certain criminal offenses in specific cases by the criminal (national or international) justice bodies, situations can often arise, either with regard to the elements of being, when determining the existence of the conditions for punishment, where the application of additional sources (jurisprudence, legal science, common law rules, etc.) is absolutely necessary and justified, but always based on strict respect for the principle of legality.
In the paper, the authors analyze the most significant aspects of the application of certain sources of legal norms in legal qualification of criminal offenses (criminal matter) before criminal justice bodies in domestic and international criminal law, that is, the problems that may arise in concrete practice, and ways of solving them. General and specific concept and elements of a criminal offense, the place and role of sources of criminal law and the role of interpretation and analogy in criminal law are considered in particular. As a necessary precondition for solving this problem, the concept and elements of criminal offense in international criminal law and the role of interpretation and analogy among the sources of international criminal law are considered.

A contribution to formulating the content of traffic accident expertise

Milenko Čabarkapa — 2024-06-12

The task of methodology for developing a road accident expertise is to disclose, define, describe and explain the method of traffic accidents expert’s operation to make findings and expert opinion. This paper analyzes the scientific aspect of the findings and the opinion of traffic accident expert, in which context a contribution to formulating the content of traffic accident expertise is given, resulting from the discussion of several variants of the content of the findings and the opinion on traffic accident, which are present in the professional literature. In general, the expertise of traffic accident, in the form of expert findings and opinion, should include: data, analysis, findings and opinion.

The Issue of Originality in the Context of Copyright Protection of Computer Programs

Haris Hamidović — 2024-06-12

Computer programs are protected as written works of authorship if they represent intellectual creation of their author. The concept of originality is usually associated with the author’s skills (knowledge) and work (effort) invested in the creation of works. Copyright protects against unauthorized copying or unauthorized source code modification, however, copyright does not protect against competition that independently and autonomously (without access to the source code of competition) develop similar computer program. Proving substantial similarity between the two computer programs is crucial in the case of expert evaluations of copyright infringement. By conducting filtration test elements of work that may represent a key expression of authorship can be found and should be used to compare two computer programs.

Illegal Production and Traffic of Narcotics - International Standards and Law of Bosnia and Herzegovina

Marina M. Simović — 2024-06-12

In the legislative system of Bosnia and Herzegovina, a special place, role and importance is given to the system of legal and sub-legal regulations aimed at ensuring effective, high-quality and timely protection of people’s health (health or medical law). In the area of health protection, domestic regulations governing the system of production, processing and traffic of narcotic drugs and similar psychoactive controlled substances, are of particular interest. These regulations are based on relevant international universal or regional standards. In case of violation of medical/health regulations related to narcotic drugs, their unauthorized/illegal production, processing, traffic, storage, transportation or storage - the characteristics of certain criminal offenses against human health prescribed in the laws applicable in Bosnia and Herzegovina are realized, which entails criminal liability and punishment of their perpetrators. The paper analyzes the characteristics of several forms/species of the manifestation of criminal acts of illegal production and trafficking of narcotic drugs in accordance with the legislative system in force in Bosnia and Herzegovina from a theoretical and practical point of view. This criminal offense consists of the unauthorized production, processing, sale or offering for sale, purchase, possession or transfer for the purpose of sale or mediation in the sale or purchase or putting into traffic in another way substances, or substances that have been declared as narcotic drugs.

Frequency of Negative Impact During the Training of Candidates for Drivers of Motor Vehicles

Senad Sinanović — 2024-06-12

Considering training candidates for motor vehicle most important stages in the development of traffic awareness, it is very important to achieve good quality theoretical and practical training. A candidate for the examination of operating a motor vehicle is necessary to efficiently provide assistance in overcoming all the contents of both theoretical and practical. Instructors should be pedagogically educated in order for candidates to develop a sense of conscientious driving and environmental awareness. It is important to strive towards the use of new teaching methods, to facilitate educating and demonstrating the anticipated content of candidates. By introducing innovative forms of work to improve the quality of theoretical as well as practical training, driver training to operate the vehicle.

Savremena sudska stomatologija u vještačenju

Bojan Jelić — 2024-06-12

Sudska, forenzička stomatologija je nauka koja koja se u interesu pravde bavi pravilnim rukovanjem i ispitivanjem stomatoloških dokaza i pravilnom procjenom i analizom stomatoloških nalaza. Postala je nezamjenjiva nauka u medicinsko-pravnim stvarima i identifikaciji mrtve osobe. Zubni su često očuvani čak i ako je pokojnik skeletiran, raspadnut, spaljen ili rastavljen. Razvijene su različite metode za utvrđivanje starosti, pola i etničke pripadnosti osobe, koristeći zubno tkivo. Načini prikupljanja podataka i dodatne tehnologije koje se koriste u forenzičkoj stomatološkoj identifikaciji pretrpjeli su značajnu transformaciju. Ovaj članak pruža pregled konvencionalnih metoda i novijih koncepata koji se koriste u forenzičkoj stomatologiji.

Criminal Offenses of Terrorism in the Criminal Law of Bosnia and Herzegovina

Miodrag N. Simović — 2024-06-12

Definitions of terrorism are usually complex and controversial and because of the known intensity of violence terrorism has developed in its popular use intense stigma. It was first time that has been used in) in 1790 to denote terror which were used by the revolutionaries during the French Revolution against their own opponent. The work is structured in three fundamental parts. In the first part criminal acts of terrorism in international criminal law are analyzed. The second part of the paper examines terrorism in the criminal law of Bosnia and Herzegovina Herzegovina (criminal laws of Bosnia and Herzegovina and other criminal laws in Bosnia and Herzegovina). The third part of the paper examines the preparation criminal acts of terrorism in the criminal law of Bosnia and Herzegovina, namely in general, in the Criminal Code of Bosnia and Herzegovina and the Criminal Code Republika Srpska. The article shows how Bosnia and Herzegovina solved it the issue of the legislative framework of acts of terrorism.

Determining the age of trees and stands when recognizing usurpations

Stefan Stjepanović — 2024-06-12

Forests in the sense of the Law on Forests are areas overgrown with forest tree species, on an area larger than 0.16 ha, minimum width 20 meters, with the degree of land cover with tree canopies at least 20%, regardless of whether young or adult trees, either to be of high or treacherous origin. A precondition for discussing usurpation is the establishment of a boundary line between forests and forest land on the one hand and agricultural land on the other. After the last acts of war, the number of usurpations in the Republic of Srpska increased enormously, which made it impossible to rationally and sustainably manage the forests located on the usurped land. By not recognizing the usurpation, the stands would become state property, and by recognizing it, it would become private property, which would lead to the establishment of regular management of those forests. Whether the usurpation will be recognized or not depends on the age of the forest located on the usurped land, so it is important to know how to correctly determine the age of trees and stands.

Dual Witness Concept and the Murder Case of George Floyd

Filip Novaković — 2024-06-12

This article examines the applicability and significance of the dual witness concept in the context of the George Floyd murder case. The tragic death of George Floyd on May 25, 2020 sparked global outrage and re-examination of police actions and responsibilities. At the heart of this case lies the interaction between law enforcement officers and citizens, highlighting the complexity of witness testimony and the inherent power dynamics in the criminal justice system. This study explores the concept of the dual witness – a theoretical framework that sets the simultaneous role of one person as a witness and participant in criminal incidents, but also as an expert who will give his professional findings and opinion on the disputed issues of the specific case. Furthermore, this article critically assesses the application of the dual witness concept in the trial for the murder of George Floyd, considering its implications for the prosecution, the defense and the public’s search for justice. Ultimately, this research contributes to a nuanced understanding of the double witness concept within the criminal justice system, offering insight into its theoretical foundations, practical implications, and potential reforms aimed at fostering transparency, accountability, and equality in police practices.

The Place and Role of the Police in the Prevention of Violence Against Children as a Form Manifestations of Violence in the Family According to the Draft New Law of the Republic of Serbia

Vladimir M. Simović — 2024-06-12

Domestic violence is a specific form of manifestation criminality of violence that leaves far-reaching physical consequences and/or the mental integrity of the family members of the perpetrator of this crime, illegal, prohibited act. Harmful consequences of such behaviors (either in the form of a criminal offense or in the form of a misdemeanor) especially come to expressed if acts of violence were committed against children as members of the perpetrator’s family household. In order to suppress this form criminality of violence, in addition to repressive actions through the application of punitive measures (criminal or misdemeanor) sanctions, measures have a special role and importance prevention. It is a broad system of measures to prevent recurrence manifestations of domestic violence, among which measures of action stands out members of the police who, among the state authorities, are in large numbers cases first appear in confrontation with manifested forms of violence in the family, especially when children or minors find themselves in the role of victim or witness. Precisely about the role of the police in the implementation of preventive measures in opposing violence against children as a form of domestic violence according to Draft of the new Law of the Republic of Srpska on protection from domestic violence and violence against women.

Technological authenticity of contested graphic elements in documents and their relative age

Dane Branković — 2024-06-12

Documents are everything that is printed on paper, cardboard, synthetic material and other substrates (by hand writing, writing using mechanical and electric typewriters, dot matrix printers, laser black and white printers, color inkjet and color laser printers, letterpress printing techniques, offset printing, gravure printing, pad printing, gold printing, screen printing, etc.). These can be: various contracts, wills, passports, diplomas, bills of exchange, excise stamps, invoices, drink labels, medicine boxes, protocol books, photos, videos, birth certificates, newspapers, printed banknotes, etc. etc.
Graphic elements are an integral part of every document, and they can be dependent on the type of document and its purpose, e.g. handwritten signatures, impressions of seals, stamps and stamps, types of letters (by type, cut and gradation), various types of lines, various tones, holograms, cinegrams, watermarks, various illustrations, magnetic tapes, various perforations, serial numbers, document format size, type of document binding, type of document material, etc. Graphic elements are incorporated into documents manually (signatures) and by other technological graphic procedures, depending on the type of graphic element in the document.
All documents are exclusively graphic products and their technological authenticity and sometimes the relative age of graphic elements can only be determined/experts by the most expert graduate engineers in graphic technology and not by any “self-educated graphologists” of various educational profiles. Document examiners are mistakenly still called “graphologists” instead of being properly called document forensics, because graphology has no scientific, professional and practical connection with graphoscopy. Graphology is a non-scientific field that only assumes personality traits based on his handwriting and assumes the state of his soul (this is the case with handwriting in text, handwriting in signatures and handwriting of numbers), and what about the other numerous graphic elements found in various documents. The legal and professional field in the area of document expertise should be arranged as soon as possible, because it is unorganized.

Intellectual Property as a Subject of Expertise

Milica Đurić — 2024-06-12

Given that expert testimony is a means of evidence that is used when the determination or assessment of certain facts important for the correct resolution of a disputed matter requires expert knowledge that the court or an authorized official does not have, and that there are more and more disputes whose subject is intellectual property, appears there is a growing need for intellectual property expertise. As the relevant fact is established or evaluated by expert examination, in the sphere of intellectual property, which is an intangible matter in itself, it is difficult to understand certain concepts and their meaning, the border between the creator of the work and the right holder, the line of demarcation between the right of ownership and the right to use intellectual property, and the value intellectual property and therefore professional knowledge and opinion of experts from the mentioned field is required.

Documentation Basis in the Expertise Procedure as the Means of Evidence in the Field of Environmental Protection

Svjetlana Kodžo — 2024-06-12

In the team expertise process as evidence in the case related to the field of ecology, i.e. environment and geology, in the request for complete real estate expropriation in the Gacko municipality, extensive documentation basis was used. Documentation for the subject of the environmenal expertise is the topic of the paper.
The purpose of the expertise was to determine whether, as a result of the real estate expropriation, cadastral land, an interested person related to the expansion of the mine in exploitation field “C” and coal mining, there were harmful and negative impacts (noise, dust, vibrations, soil movement) as a result of which the owner is allegedly prevented from using real estate, cadastral parcels, on which residential buildings were built.
Therefore, in order to establish important facts or evaluate already established facts, it was necessary to conduct an analysis of documentation from the environmental field, spatial planning and study documentation, and from case files in the Gacko municipality in the Republic of Srpska.
The expert from the environmental protection field described the contents of the evidentiary documents in detail before presenting his findings. Analogous to the content, the expert presented an expert opinion and conclusion.
The duration and process of the expropriation procedure itself, as well as the circumstances defined for the expert, affected the scope of the documentation.

Sculpture in space, and time…

Saša Malbašić — 2024-06-12

Valorization and cross-section of the state of cultural and historical memorials and free-standing sculptures in public space in general on the land of the city of Banja Luka.

Nalaz i mišljenje vještaka

Predrag Lukač — 2024-06-12

Upravljanje velikim količinama voda je opasna stvar i svaka nepravilnost u tom procesu može dovesti do gubitka kontrole koja može prouzrokovati katastrofe i štete sa dalekosežnim posljedicama po ljude i ostali živi svijet, objekte i okolinu.. Radi sprečavanja ovakvih neželjenih događaja korisnici sistema se moraju pridržavati svih propisanih uputstava, pravilnika, smjernica, procedura, zakonskih i podzakonskih i drugih akta koji regulišu ovu materiju. Takođe moraju intenzivno raditi na povećanju bezbjednosti i pouzdanosti kako primjenom svih poznatih radnji i mjera tako razvojem novih tehnologija koje povećavaju sigurnost upravljanja ovim procesom. U slučaju akumulacijskih jezera na rijekama je bitan razvoj hidroinformacionih i prognostičkih sistema koji mjerenjem vrše prikupljanje ulaznih podataka o trenutnim protocima u slivu rijeke, prate prognoze o predviđenim količinama padavina, uzimaju u obzir prethodna iskustva iz prošlosti i na osnovu toga vrše precizno matematičko modelovanje očekivanih dotoka iz gornjeg sliva rijeke u akumulaciju.. Na osnovu preciznih ulaznih parametara i matematičkog modelovanja, preduzimanjem jasno propisanih pripremnih radnji i mjera se mogu u kriznim situacijama vršiti evakuacije vode sa što manje oscilacija i turbulencija. Ovakav način upravljanja velikim količinama vode bi spriječio sve nekontrolisane događaje i štete proistekle iz njih.

Nalaz i mišljenje vještaka

Slavko Gavrilović — 2024-06-12

Nema

Nalaz i mišljenje vještaka

Dejan Mandić — 2024-06-12

Nema

Nalaz i mišljenje vještaka

Slavko Gavrilović — 2024-06-12

Nema