Russian Journal of Comparative Law

59-67

Authors: Dusan D. Dabovic

The aim of this article is to determine the fundaments of agricultural law as a separate area of law in the Republic of Serbia. We study theoretical basis, current state of legal framework of agricultural activities, and corresponding international legal obligation of Serbia regarding agricultural law. The paper starts with a brief introduction, followed by the section with the overview of the basic elements of this area of law in Serbia (definitions, object of legal regulation, relationships with other legal disciplines and areas of law, legal sources and institutions). The author continues with examining the current legal framework of agricultural activities in Serbia, i.e., the constitutional basis and the statutory regulation. The final chapter overviews the provisions of international law regarding agriculture (those treaties which are ratified by Serbia) at the universal and regional level.

74-83

Authors: Andreas Donatsch, Mischa Demarmels

This article discusses the covert surveillance of post and telecommunications as a coercive measure in Swiss criminal proceedings. Since such surveillance interferes with a number of fundamental rights and freedoms, it should meet the requirements of human rights limitations. Firstly, the offence must constitute a so-called “catalogue offence” under Art. 269 para. 2 of the Swiss Code of Criminal Procedure. Further, there must be a strong evidence to suspect that such a catalogue offence has been committed in reality. In addition, the seriousness of the offence must justify the surveillance. Finally, previously undertaken investigative activities must have proven to be unsuccessful, or there are grounds to suspect that in absence of such surveillance the investigation will not succeed or will likely become disproportionately more complicated. Against this background, the authors analyze the latest amendments to the Federal Statute on the Surveillance of Post and Telecommunications (the BÜPF) and their impact on the conduct of criminal proceedings.

91-105

Authors: Ika Riswanti Putranti

Illegal, Unreported, and Unregulated (IUU) fishing is considered as a process which could undermine market competition and cause economic harm to fishermen, and legal fishing industry as a whole. The fish resulted from IUU fishing has the possibility to enter into the supply chain of extra and intra-regional fisheries trading system. Market is a backbone of the ASEAN Economic Community (AEC) construction, where the regulatory and market policies must be favorable to the business environment and competition. Market distortion can cause large-scale loss in industrial fishing, from upstream industries to the downstream of fishery industries. It affects economic operators of marine fisheries. In the last decades the ASEAN as regional organization has been promoting fisheries management to reduce the illegal and destructive fishing. On the other hand, the EU is one of the successful economic regions where the member states integrate own markets into a single market. The EU common fisheries policy has elaborated through many improvements and changes along with the dynamics of the global economy the policies which conditioned the establishment of common fisheries market of a high standard. The common fisheries market is the central engine used by the EU to combat IUU fishing. Therefore, there are two questions raised in this study i.e., to what extent the ASEAN Community Fisheries Legal Framework harmonization is constructed under the AEC? What is the legal implication of the European Union IUU fishing regulations on the construction of the ASEAN Community Fisheries Legal Framework?