• Collected papers of the University of Split Faculty of Law

Zbornik radova Pravnog fakulteta u Splitu (Collected Papers of the Faculty of Law in Split) is a journal of legal and other social issues that promotes thematic and disciplinary openness. The journal publishes original works from legal and other related social science and humanistic disciplines (sociology, political science, history, economics, etc.) that contribute to the field of law, as well as works that cross disciplinary boundaries. The journal is published four times a year.

The Editorial board accepts only unpublished manuscripts in Croatian and English, but may also accept manuscripts in another foreign language for publication. Manuscripts are sent to the Editorial Board in electronic form to the e-mail address zbornik@pravst.hr.

By submitting the manuscript, authors express their consent to checking the degree of similarity of the text of the manuscript with previously published works.

The journal does not charge authors for receiving, reviewing or publishing their contributions. The journal is partly funded by the Ministry of Science and Education of the Republic of Croatia and the University of Split, and by the publisher.

The journal supports open access, which means that all content is freely available without charging users or their institutions. Users may read, upload, photocopy, distribute, print, search and share links to the full text of the articles or use them in any other legal way without explicitly asking the author or the publisher for permission.

Publisher:

Faculty of Law, University of Split

Domovinskog rata 8, Split, Republic of Croatia

 

Editorial Board:

Full Prof. Vesna Barić Punda, Faculty of Law, University of Split (Chief Editor)

Marin Keršić, PhD, Faculty of Law, University of Split (Executive Editor)

Assoc. Prof. Andrijana Bilić, Faculty of Law, University of Split

Assoc. Prof. Marija Đuzel, Faculty of Law, University of Split

Assoc. Prof. Blanka Kačer, Faculty of Law, University of Split

Trpimir Perkušić, PhD, Faculty of Law, University of Split

 

International Advisory Board:

Full Prof. dr. h. c. Marc Gjidara, PhD, Sorbonne II, Paris, France

Full Prof. Dr. Dr. h. c. Herwig Roggemann, PhD, Freie Universität Berlin, Berlin, Germany

Full Prof. Steven Greer, University of Bristol, Bristol, UK

Full Prof. Dragica Vujadinović, Faculty of Law, University of Belgrade, Belgrade, Serbia

Full Prof. Nenad Đurđević, Faculty of Law, University of Kragujevac, Kragujevac, Serbia

Full Prof. Suzana Kraljić, Faculty of Law, University of Maribor, Maribor, Slovenia

Assoc. Prof. Aristide Canepa, University of Genoa, Genoa, Italy

Víctor García Yzaguirre, PhD, University of Girona, Girona, Spain

 

Technical editor:

Tomislav Staničić, M.J., senior librarian, Faculty of Law, University of Split

 

Language Editing:

Elizabeta Garber

 

Translations:

Tania Blažević (for English language)

 

For UDC and DOI:

mr. sc. Ivona Matas, mag. iur., mag. bibl.

Tomislav Staničić, M.J., senior librarian

 

Address of the Editorial Board:

Faculty of Law, University of Split

Domovinskog rata 8, 21000 Split, Republic of Croatia

phone.: +385 21 393 587, fax. +385 21 393 597

e-mail: zbornik@pravst.hr

web: http://www.pravst.unist.hr/zbornik.php

 

The Collected Papers is published four times a year

Edition: 200 copies

 

 

Papers published in the Collected Papers are indexed by:

 

The Collected Papers of the Faculty of Law in Split is published with the partial financial support of Ministry of Science and Education and of University of Split.

All manuscripts that pass the first editorial check are subjected to a double-blind review process in which neither the author's nor the reviewer's identity is revealed. double-blind review) which does not reveal the identity of either the author or the reviewer.

Papers that undergo a double anonymous review process are classified into the following categories:

1) original scientific paper - a paper that is distinguished by the originality of its conclusions or presents previously unpublished original results of scientifically designed and conducted research

2) review article – an article that contains a thorough and comprehensive critical review of a particular topic, but without major originality of the findings

3) preliminary communication - a paper that contains initial results of ongoing research that require rapid publication because of their timeliness, but lack the level of detail and foundation required for a scientific paper

4) conference paper - it may be published as an article previously referred to at a scientific meeting but not published as a full article in the journal of the meeting; and

5) professional paper - a paper that contains knowledge and experience relevant to a particular profession but does not have scientific characteristics.

After receiving the reviews, authors should also send a cover letter to the Editorial board together with the new version of the manuscript, indicating which of the reviewers' suggestions they accepted and which they did not (with explanations and arguments). Authors may appeal the review process or the decision on the manuscript in writing to the Editor-in-Chief. In case of a new objection, the Editor-in-Chief decides on the basis of the discussion at the Editorial board meeting.

The Editorial board reserves the right to make editorial adjustments to the manuscript in line with the journal's proposals and Croatian language standards.

Authors retain copyright to articles published in the journal, but by consenting to publication, they give the journal the right of first publication in print and electronic form. The works published in the journal are licenced under the Creative Commons licence BY-NC-ND, which means that the content may be distributed without modification for non-commercial purposes with attribution to the author.

The research should be in accordance with the applicable ethical regulations and codes of conduct of research, and the description of the research procedure should include any information that is essential for assessing the ethics of the conduct of research. Editors may request confirmation from the author that the research has been approved by the ethics committee of the relevant institution.

In accordance with the 2018 Guidelines for Authors of the European Association of Science Editors (EASE) (https://ease.org.uk/publications/author-guidelines-authors-and-translators/), the editors recommend that the list of authors includes a listing of all persons who contributed substantially to the planning of the study, the collection of data or the interpretation of the results, and who also wrote or revised the manuscript and approved its final version and take responsibility for all aspects of the work. Anyone who meets the first criterion should be allowed to participate in the writing of the manuscript and the approval of the final version (ICMJE 2022: https://www.icmje.org/recommendations/).

Reviewers are obliged to keep any manuscript received confidential. Authors and reviewers are obliged to disclose a possible conflict of interest in relation to the manuscript they have submitted or reviewed, or to recuse themselves from the review process in the event of a conflict of interest. The same applies to editors and members of the editorial board Editorial board, who are excluded from the editorial process if they have a conflict of interest (collaboration or other form of association with authors).

In the event of suspicion of unethical scientific behaviour (plagiarism, self-plagiarism, manipulation of data, change of authorship, etc.), the Editorial Board shall take appropriate measures guided by the principles of the Committee on Publication Ethics (COPE) - http://publicationethics.org). by the principles of the Committee on Publication Ethics (COPE).

Collected Papers of the Faculty of Law in Split (ZRPFS) publishes mainly papers from the field of law and social sciences. The Editorial board accepts only unpublished papers. Authors retain copyright to articles published in the journal, but grant the journal the right of first publication. The author may publish papers accepted for publication or already published in the ZRPFS in other publications only with the permission of the editorial board, but even then only with a clear reference to publication in the ZRPFS.

Contributions should be sent in electronic form (.doc or .docx format) to the journal e-mail address (zbornik@pravst.hr). In addition to the title of the contribution, the author's surname, first name and title, name and address of the institution where he/she works, i.e. home address, e-mail address and ORCID ID, should be included.

At the top of the title page, above the title, the author's full first name and surname (or several next to each other) and the title, and in the notes below the text (in the first footnote) the title, surname and address of the institution where the author works, email address and ORCID ID number.

In order to anonymise the manuscript, i.e. to remove the author's name, it is not permissible to write the paper in such a way that the author's identity can be revealed, e.g. by the way he or she refers to his or her own works or by mentioning his or her name elsewhere in the text.

The recommended length of contributions is usually up to 32 cards (57,600 characters, including spaces and extensive notes (footnotes). Contributions are accompanied by an introductory synopsis (summary) of no more than 250 words and a list of up to five keywords and an abstract in English with the title and keywords. The synopsis provides a brief overview of the content of the article and the research findings presented in it. It is also accompanied by a bibliography that follows the text of the paper and precedes the abstract in English.

The title of the paper must be both concise and informative. The tables must be clearly and correctly arranged and properly described (number, title, legend).

The paper must not have already been published or sent to another journal for this purpose.

Book reviews, reviews and ratings are not subject to review and must not normally exceed eight cards in length.

The editors reserve the right to adapt the work to the general rules of journal editing and the standard of the Croatian language. For contributions in English and other foreign languages by authors who are not native speakers, it is necessary to submit a proofreading certificate.

Manuscripts will not be returned.

The main text and the notes should be written in the same font (Times New Roman). The font size for the main text is 12 with a spacing of 1,5 and for the notes 10 with a spacing of 1. The text should be aligned and care should be taken to remove unnecessary white space.

"Quotation marks" and ‘semi-quotation marks’ are used. Unnecessary emphasis (italics, bold, underlined, capital letters) should be avoided, especially in combination with quotation marks (i.e. no "quotation marks"). Latin expressions and abbreviations are always written in italics (sui generis, infra, op. cit., ibid.), and words from other foreign languages may also be used if not otherwise emphasised. Numbers indicating annotations are never italicised and, if at the end of a sentence, come after a full stop. Make sure that the punctuation after the word, phrase or sentence you want to highlight is not oblique (e.g. brackets).

In addition to the extensive references in detailed notes (footnotes), a bibliography is published at the end of the paper.

The information on literature is given in the notes according to the following rules.

For the first citation, a detailed description of the bibliographic unit is given, usually including the name(s) of the author, the title of the paper, the publisher, the place and year of publication and the page number given. For all types of publications, the surname and then the initial letter of the author's name are given (different authors are separated by a semicolon), the title of the paper is written in italics (titles of books, articles), and different data are separated exclusively by commas and are always listed in the same order. If the paper is in Croatian, data should be given in Croatian wherever possible (e.g. str. should be preferred to p. (page), sv. to Vol. (volume), br. to n. (number) or No etc.), except in the case of the usual Latin abbreviations (ibid., op. cit., loc. cit., et al.)

 

Examples:

 

  1. Books

First entry:

Bačić, A.; Bačić, P., Legislatures and parliamentarism (constitutional chrestomathy), Faculty of Law in Split, Split 2007, p. 310.

 

Further citations:

When notes referring to the same source are cited consecutively, the mark ibidem, abbreviated ibid, is used. ("in the same place", "the same"). Together with the abbreviation Ibid. the number of the cited page is also indicated.

1 Bačić, A.; Bačić, P., Legislatures and parliamentarism (constitutional chrestomathy), Pravni fakultet u Splitu, Split 2007, p. 310.

2 Ibid., p. 320.

 

When the same work is immediately continued with the same pages, the Latin term loc. cit. (loco citato, in the quoted place ) is used.

1 Hrabar, D.; Hlača, N.; Jakovac-Lozić, D.; Korać Graovac, A.; Majstorović, I.; Čulo Margaletić, A.; Šimović, I., Family Law, Official Gazette, Zagreb 2021, p. 120.

2 Loc. cit.

 

If it is not possible to use ibid. with page number or loc. cit., it is obligatory to refer to the note in which the first reference is made. Only the author's surname is given, and if there are more than three authors, only the surname of the first author and the abbreviation et al.

 

Hrabar, D. et al., op. cit. note 180, p. 125.

 

  1. Articles in journals

First entry:

Bilić, A., The impact of COVID-certificates on the right to work and the labor law status of workers in the Republic of Croatia, Collected Papers of the Faculty of Law in Split, year 59, 3/2022, p. 539.

 

Further citations (according to the rules indicated):

Bilić, op. cit. note 15, p. 541.

 

When several different works by the same author are mentioned for the first time in the same note, it is cited as follows:

Bilić, The impact..., op. cit. note 15, p. 538.

 

  1. Network resources

 

All the above rules apply to network resources. The name of the author and the title of the article or the name of the website, the link to the website and the date the source was accessed are given. The link to the website is not highlighted in any way.

Annual Migration and Asylum Report 2020 for Croatia, National Report (Part II), June 2021, p. 33, https://emn.gov.hr/emn-publikacije/ emn-izvjesca/godisnje-izvjesce-o-migracijama-i-azilu-za-2020-za-hrvatsku/637, 5 June, 2022.

 

On the other hand, if the main text states what it is about, the note can only contain:

See https://www.pledgesports.org/2020/01/most-followed-football-clubs-on-socialmedia/, 26 February, 2022.

 

  1. Legal acts

 

The names of legal acts are not written in italics. When the act is first mentioned in the text, the full name of the act and the official gazette in which it was published should be given. Later, the usual abbreviations may be used, with a reference to the abbreviation in the first note mentioning the regulation (further in the text).

Criminal Procedure Act, Official Gazette, No. 152/2008, 76/2009, 80/2011, 121/2011, 91/2012, 143/2012, 56/2013, 145/2013, 152/2014, 70/2017, 126/2019, 126/2019, 80/ 2022 (hereinafter: CPA)

 

Art. 6. of the Convention for the Protection of Human Rights and Fundamental Freedoms, Official Gazette - International Conventions, No. 18/1997, 6/1999, 14/2002, 13/2003, 9/2005, 1/2006, 2/2010, 13 /2017 (hereinafter: ECHR)

 

The same rules apply to European regulations:

Council Directive (EU) 2016/1164 of 12 July 2016 laying down rules against tax avoidance practices directly affecting the functioning of the internal market, OJ L 193 of 19/07/2016 (hereinafter: Council Directive (EU) 2016/1164)

 

Bibliography

All sources used in the paper should be listed in the bibliography at the end of the paper and arranged and numbered alphabetically by the author's (or first author's) surname. The sources should be divided according to the following categories: Books and Articles, Legal Rules, Court Practice, Online Sources. For journal articles, the first and last pages of the article must be listed in the bibliography.

The Faculty of Law in Split began its work in the academic year 1961/1962 and published its first academic publication, Collected Papers of the Faculty of Law in Split, as early as 1963. The journal is still published today under the same title. The first Editorial board consisted of five members: Prof. Dr. Zdenko Vajner, Prof. Dr. Božidar Jovanović, Dr. Živko Anzulović, Dr. Srđan Vrcan, and the Editor-in-chief was prof. Drago Krndija.

The first issue of Collected Papers of the Faculty of Law in Split, printed in 1963, appeared eighty years after the publication of the journal "Pravo", which was published in Split until 30 April 1883. In this sense, Collected Papers of the Faculty of Law in Split continues a rich legal tradition that began as early as 1851, when the oldest legal journal in the Slavic South called "Pravdonoša" was printed in Zadar.

Over time, the journal has gained a reputation as a very valuable publication, not only among scholars but also among practitioners, who have contributed significantly to the quality and interest of the journal with their various contributions.

Collected Papers of the Faculty of Law in Split from the year 32 (1995) number 1-2 are edited for the first time by an international editor and the journal is referenced in foreign publications: "Index to foreign Legal Periodicals" and "Current Legal Theory". Since 2008, Collected Papers of the Faculty of Law in Split have been included in the domestic database "Hrčak".

HRČAK
https://hrcak.srce.hr/zbornik-radova-pfs

ISSN 0584-9063 (Press)
ISSN 1847-0459 (Online)

UDC: 34+33+32
DOI: https://doi.org/10.31141/zrpfs

Key title: Proceedings of the Faculty of Law in Split (Online)
Abbreviated key title: Coll. work. Right. fak. Split (Online)

Content

Nina Tepes
Foreign Direct Investment Screening in the EU – Future Perspectives and Implied Obligations
Original scientific article

Marko Ivkosic
Control over the joint-stock company in the right of takeover and the right of affiliated companies
Original scientific article

Tomislav Jaksic
The concept of privileged information
Original scientific article

Antun Bilić
Joint action in the takeover of joint stock companies
Original scientific article

Anita Blagojević, Martina Antunović
State of emergency in the context of COVID-19: Croatian constitutional and legal framework and practice
Original scientific article

Zvonimir Tomičić
Polygraph examination - a different view and new perspectives
Original scientific article

Slavko Čandrlić, Dubravka Holik, Ivan Včev
Legal regulation of pharmacy in Slavonia in the first half of the 19th century
Original scientific article

Marina Carić, Ljiljana Širić
Application of forensic acoustics and phonetics in criminal proceedings with special reference to voice recordings
Review work

Stjepan Novak
The Expulsion of a Permanent Member of the UNSC from the UN: A Catch 22 or a Gordian Knot
Review work

Lejla Zilić-Čurić
Exclusionary rule and protection of human rights in criminal proceedings before the International Criminal Court
Review work

Sanja Bjezancevic
Trends in the education of national minorities in Croatia
Review work

Marcin Konieczny
Patriotism and Nationalism as a Consequence of Right-wing Views and a Source of Crime
Professional work

Duško Lozina
Ksenija Grubišić, Gordana Marčetić, Siniša Zrinščak, Romeo Manojlović Totman: Ethics and public administration. Faculty of Law, University of Zagreb, Zagreb, 2022, p. 191
Review, review

Mia Bašić
Arsen Bačić: Is the independence of the judiciary threatened in the Republic of Croatia?. Scientific Council for State Administration, Judiciary and Rule of Law, HAZU, Zagreb, 2022, p. 124
Review, review

Nenad Đurđević
Influence of Rodchenko's anti-doping law on the harmonization of the fight against doping in sports at the world level

Hrvoje Kačer, Karla Gea Marcan, Dino Marcan
Red card for Novak Djokovic, (at least) yellow for the state of Australia

Suzana Kraljic, Katja Drnovsek
Gender determination in sport

Damir Primorac, Maja Pilic
Criminal law challenges of e-sports development

Maja Proso
Civil law aspect of the impact of electronic publications, digital and social media on sports

Šime Jozipović
Encouraging amateur sport through the tax system: a comparative analysis of tax incentives for amateur athletes in the United States, the Federal Republic of Germany and the Republic of Croatia

Tone Jagodic, Zlatko Matesa
Specific characteristics of sponsorship contract

Dean Rahan
Specific (incidental) contractual provisions in the contract of professional basketball players in relation to the FIBA Book 3 Internal Rules and Bylaws Euroleague - "letter of clearance" and "buy out agreement"

Anna-Maria Getoš Kalac, Dalia Pribisalić, Petra Šprem
First findings from the Balkan Homicide Study: introducing a genuine violence classification system

Dragana Bjelic Gacesa, Marija Milosevic, Predrag Zima
Selected issues of abuse of rights in the tax system of the Republic of Croatia

Jasmina Dzinic, Iva Lopizic
New regulation of administrative and inspection supervision in the Croatian state administration - problems and open issues

Azem Hajdari, Egzonis Hajdari
Confiscation of unlawfully acquired assets, with special emphasis on Kosovo

VIEWS

Duško Lozina
Jakša Barbić, editor (s)
Services of general interest in the law and politics of the European Union and their impact on the Republic of Croatia
HAZU; Scientific Council for State Administration, Judiciary and Rule of Law Zagreb, 2021.

Mia Bašić
Stjepan Lapenda
Martyrdom of Bosniaks in the Western Balkans 1876-1914.
Association of Bosniak Defenders of the Croatian Homeland War, Branch of the City of Split and Split-Dalmatia County in cooperation with the Cultural Society of Bosniaks "Preporod-Split", January 2021.

Mirko Klarić
Decentralization and Sub-Municipal Government in South- Eastern European Countries

VIEWS

OTHER

Duško Lozina and Josipa Jagnjić

Development of local self-government in the Republic of Croatia

Nenad Đurđević

Fitness contract

Miodrag Mićović

Entrepreneurs in sports

VIEWS
Albulena Hajdari, Anera Alishani

Smuggling of goods

Marija Markus Klarić, Dubravko Klarić

Drug addiction as a criminogenic factor

Jozo Čizmić

Complaints and problems with forensic expertise

Tone Jagodic, Zlatko Matesa

The position of an athlete in sponsorship contacts regarding Olympic games

Suzana Kraljić, Miha Šepec, Katja Drnovšek

Developments of sports law in the Republic of Slovenia

Jacques Caillosse

The 'Nicolo affair' (Council of the Assembly, October 20, 1989).

Doc. dr. sc. Blanka Kačer

Collatio bonorum

Dr. Tone Jagodic / Dr. Zlatko Mateša

The legal aspects of ambush marketing

prof. dr. sc. Nenad Đurđević

Protection of children in sports

prof. dr. sc. Miodrag Mićović
Mr. sc. Damir Juras / Prof. dr. sc. Duško Lozina

Theoretical approaches to regional self-government in the Republic of Croatia

Jean-Michel Lemoyne of Forges

Administrative deconcentration

Benoît Plessix
Olivier Jouanjan

The State of Democracy

Academician Arsen Bačić / Prof. dr. sc. Petar Bacic
Doc. dr. sc. Dario Đerđa / Doc. dr. sc. Boris Ljubanovic
Mr. sc. Bosiljka Britvić Vetma / Marko Turudić

The role of the party in the administrative activities of public bodies

Zrinka Erent Sunko / Assoc. prof. dr. sc. Vilma Pezelj / Assoc. prof. dr. sc. Zaklina Harasic
Assoc. prof. dr. sc. Vilma Pezelj / Marija Štambuk Šunjić, B.Sc. iur.

The legal position of women according to the medieval Korčula Statute

Ivana Jerkić / Prof. dr. sc. Duško Lozina

Reflections on local Croatian self-government

Dr. Tone Jagodic / Dr. sc. Zlatko Mateša

Basic elements of a sponsorship agreement in sports

prof. dr. sc. Miodrag Mićović
Top sport
Prof. dr. sc. Hrvoje Kačer / Doc. dr. sc. Blanka Kačer

(Some) legal doubts about doping

Assoc. prof. dr. sc. Ines Medic
Legal and economic aspects UEFA Rules on Club Licensing and Financial Fair Play

Assoc. prof. dr. sc. Zaklina Harasic

Negotiorum gestio: theoretical analysis

Jean-Michel Lemoyne of Forges

French conception of public service

Marko Turudić / Assoc. prof. dr. sc. Bosiljka Britvić Vetma

Radio frequency spectrum as a good of public interest

See all previous editions of the proceedings of the Faculty of Law in Split at

https://hrcak.srce.hr/zbornik-radova-pfs