The author gives a brief account of the (active or passive) complicity of the overwhelming majority of Serbian intellectuals in the Serbs' war on Croatia and Bosnia-Hercegovina and the war crimes and crimes against humanity author then argues that in view of this complicity, intellectuals outside Serbia should not be doing "business as usual" with their Serbian colleagues. He advances an argument for a comprehensive, but selective, boycott of Serbian intellectuals as the morally appropriate response of intellectuals the world over. (SOI : PM: S. 94)
Fight against organized crime is a proactive, strategically oriented activity of all contemporary, democratic states, both nationally and at the international level. The set limits of more efficient suppression of the most serious crimes are the result of active reforms of national normative frameworks, ratified international documents, but also intensive professional cooperation between countries in the field of detecting, combating and prosecuting organized crime. Security threats, which are extremely high when it comes to organized crime, would be difficult to combat without adequate international cooperation between democratic states. One of the countries that actively participate in international cooperation, emphasizing cooperation with European agencies is Serbia. Namely, there is a justified question of the efficiency of Serbia's cooperation with European agencies in the suppression of organized crime, the harmonization of the national framework with the acquis communautare, which is the goal of research in this paper. In accordance with that, the author, through expert and critical analysis of normative solutions, results of practical application and valid theoretical views, analyses the subject matter from the following aspects: first, introductory considerations; second, the effectiveness of financial investigations and the Action Plan for Chapter 23; third, Serbia's cooperation with European agencies in combating organized crime and reforming the normative framework; fourth, concluding remarks. ; Борба против организованог криминалитета представља проактивну, стратешки орјентисану активност свих савремених, демократских држава, како унутар њених граница, тако и на међународном нивоу. Постављене границе ефикаснијег сузбијања најтежих кривичних дела представљају резултат ак- тивних реформи националних нормативних оквира, ратификова- них међународних докумената, али и интензивне, професионалне сарадње између држава која се одвија на пољу откривања, суз- бијања и процесуирања кривичних дела организованог ...
There are some time and geographical points, determinants before which decency calls solely for silence and bowed head, before which words and our ability to understand grow weary or actually, they lose any meaning. Jasenovac is undoubtedly such a place. Our language has one horrifying word – stratište (a place of execution). Simply, it is a place where anthropological, diluvial evil destroys the most valuable – life. The place whose impeccably unmasked and inevitable horror has not been anywhere else so tersely defined, it seems, as in the words of a Serbian old man addressing his executioner: "My child, do what you must". Why are we speaking today then, instead of being appropriately silent? Because the victims, the Serbs together with their fellow-citizens – the Jews and the Roma, those eternal culprits behind all evil, the disliked citizens of the Independent State of Croatia (NDH), ask for a moment of remembrance. A moment of reverence. A bowed head before this place of execution called Jasenovac. It is because today we, not only as a nation, as a state, but as Homo sapiens, and finally as this scrap of civilization that remained for the mankind, do not have the right to be naive. We are obliged to recognize evil in its inception before it is too late, everywhere, far and wide. It is not the number of the murdered people (and the number is large) that determines the horror of Jasenovac, but the intention behind it. The executors of these crimes, with all the contempt that they deserve everywhere and in every place, were not the most horrible ones even in Jasenovac. The most horrifying is the political thought that sustains the deviance of perpetrators, the intention behind the idea of such places of execution, the pseudo-ideology of obliteration that justifies and redeems the sins of those intoxicated with blood. Nowadays, we do not point the finger at any nation or any religion. It would be an unpardonable simplification and primitivism beneath the dignityof this institution. We merely define ourselves in relation to the crime that happened, since it did happen. We do recognize it and remember it. With the ever present and often betrayed and unsuccessful idea not to let it happen again. To us, it remains to pursue the trace of Marko Miljanov's mythical sentence, as we cannot offer anything better even nowadays, which reads that heroism means defending oneself from the evil in others, but also defending others from the evil residing in oneself. Vladimir S. Kostić ; Посебна издања / Српска академија наука и уметности ; књ. 686. Председништво ; књ. 7
International police and other cooperation is a necessity of the modern world and imperative for the survival of human civilization. The goal of cooperation is that states and the international community unite in opposing crime as the greatest peacetime evil in the world. This is particularly in relation to organized crime, terrorism, and corruption and other most serious forms of crime in contemporary society. Cooperation takes place at the bilateral, regional and multilateral levels. Bilateral cooperation mainly has a trans-border character of neighboring countries, while the regional cooperation between states within certain areas such as the SEE region (Western Balkan) or Europe (e.g. Europol). Multilateral cooperation is mainly on a broader level, e.g. in the field of combating terrorism or through universal organizations (e.g. Interpol). International police cooperation in Europe has a long tradition. One part takes place today in this area through the OSCE, with the caveat that this is a global organization that deals with security issues. The Council of Europe is the next organization through which co-operation began in the past and is partly carried out to this day, given that it brings all European countries together (except Belarus). Cooperation is more intensive still throughout the European Union, its forerunners, the current forms of the organization and present mechanisms (EAW- European surrender and arrest warrant).53 The cooperation in the EU, that takes place through Europol as a specialized agency of the Union is especially current, but with minimal operational competencies. In the SEE region, a significant cooperation between countries of the former Yugoslavia and countries in its neighborhood has been achieved. This cooperation is not only based on bilateral and multilateral acts, but primarily regional documents of which the most important are the International Convention on Police Cooperation in SEE and SELEC Convention. According to these and other acts, all the countries in the region have taken part in regional cooperation, since the fight against crime is the common interest of all. This applies in particular to organized crime, terrorism, corruption and other most serious forms of crime. Extremely important shapes, forms and mechanisms of international police cooperation are: exchange of information, joint investigation teams, joint operational actions, liaison officers, contact points, regional centers for police and customs cooperation, joint police stations and others. To recap, international police cooperation in the world today is an expression of anti-criminal solidarity between states and its prospects are clear, because the danger of crime is global and requires a harmonized response at the international level.
The situation in Kosovo up to 1999, and all attempts which failed in order to find a just and lasting solution for that problem, have fully justified the above criteria for a lawful humanitarian intervention which was undertaken by the NATO forces against the territory of the Federal Republic of Yugoslavia. It seems, however, that the responsible persons in the NATO were not aware of the competence of the International Criminal Tribunal for the former Yugoslavia to investigate to prosecute persons responsible for use of prohibited arms and for destruction of some objects. Some of these unlawful acts constitute grave breaches of the 1959 Geneva Conventions and violations of laws and customs of war. In these circumstances it is the legal duty of the Prosecutor to undertake an investigation. In case that he fails in his duty, there are no statutory limits in respect of the crimes provided in the Statute of the Tribunal. (SOI : SOEU: S. 98f.) + Most legal writers in their writings confuse notions of humanitarian intervention, intervention of a State in order to protect its citizens abroad and humanitarian relief. The use of force for protection of citizens abroad, when they are in immediate danger of losing their lives or suffering serious injury, can exceptionally be justified by a state of necessity as regulated in article 33 of Drafts Article on State Responsibility by the International Law Commission. Further conditions for such an intervention are provided in the wording of the US State Secretar, Daniel Webster in the Caroline case of 1837, relating to the self-defence. Actions of humanitarian relief have nothing unlawful in their character, but a question can arise of the obligation of parties to a conflict to receive and allow its distribution to a who are in need. The 1949 Geneva Conventions and the First Protocol of 1977, provide in this respect a legal obligation of all parties to internation armed conflicts. Such relief actions can be imposed as obligation to parties to internal armed conflicts as well, by UN Security Council resolutions based on Chap. VII of the UN Charter. + In the view of this author there is no rule of positive international law granting a right to foreign States to intervene by force, either in protection of their citizens, or when a humanitarian intervention is required. The matter can only be of exceptional circumstances precluding wrongfulness of the use of force, which otherwise remains prohibited. When the matter is of humanitarian intervention, circumstances precluding the wrongfulness would, according to this author, be the following: (1) There should be a situation of systematic, repeated and widespread commission of international crimes by a State authority against its own citizens. Special problems are created to the international community by widespread practices of ethnic cleansing. (2) Such a situation constitutes itself a "threat to the peace" calling for an enforcement action by the Security Council according to the Chap. VII of the UN Charter. (3) In case that the Security Council fails in its primary responsibility of maintaining international peace and security and when there are no other means, a group of States or an organization can undertake a humanitarian intervention by use of force in order to stop the commission of crimes. In these circumstances it acts as de facto organ of the entire international community of States. (4) In these extreme and exceptional circumstances, States taking part in such an action cannot obtain any advantages in their profit. (5) Collective intervention by a single State acting in the name of several other States or an organization. However, even such an intervention should have priority over humanitarian intervention undertaken by a State acting in its o name. (6) It is self-evident that in performing a humanitarian intervention there should not be committed international crimes especially against protected persons, including civilian population
The overall progress of society, as well as socially damaging phenomena which society confronts in an institutional manner, is increasing and complicating the police apparatus. However, in the context of dealing with activities aimed at gathering information and evidence related to criminal offenses, including offenses in the sphere of organized crime and corruption, and research trends of property acquired with those works, takes special attention to the role of the Criminal Investigation Department, or its organizational units specialized in the fight against organized crime, or other specialized bodies. The interactions of various factors within the police service and outside, which find the origin of activity in the same mission, are a potential source of disagreement, and it emphasizes the characteristics of the police profession, and the associated subculture. This paper analyzes the general characteristics of the police profession that can have repercussions on the efficiency of financial investigations and the necessary conditions that favor their success, and processes in which police officers involved in financial investigations are exposed to, in order to improve efficiency. Also, the paper identifies other circumstances, at the strategic and operational level, which can significantly affect the results achieved in the investigation process. Good cooperation among the subjects of criminal and financial investigations, starting financial investigations immediately after getting information about the crime and the assets obtained, and specialization of investigative subjects are only basic elements needed for success in financial investigations. Besides these, it is possible to identify a number of objective or subjective factors, which may affect the success of the implementation of financial investigations, which are mentioned in the paper. Special attention, especially in the context of societies with underdeveloped institutions and the questionable rule of law, deserves the will factor. Aforementioned factor emerges as a key element that can significantly affect the success of the research team, and indeed the expected results. It is therefore desirable that the general interest, presented in the normative framework, is consistent with the prevailing beliefs of research subjects, i.e. it is essential that these entities have a high degree of belief in the purpose and validity of what they do. Otherwise, the results will be absent, and the regulatory framework will appear as an empty form, without meaning and content.
Борба против корупције спада у најважније задатке сваког друштва и државе, због чега се предузимају бројне активности усмерене у правцу адекватне превенције и сузбијања корупције. Најзначајније активности посвећене су изградњи свеобухватног нормативног оквира у борби против корупције, дефинисању корупције, инкриминацији коурптивних дела, успостављању специјализованих органа за борбу против корупције и изградњи оперативних и техничких капацитета тих органа у циљу успешне борбе против корупције. Мада појам корупције још увек није на јединствен начин дефинисан, корупција се може одредити као злоупотреба овлашћења ради личнекористи. Имајући у виду чињеницу да корупција води осиромашењу друштва и државе и губитку поверења грађана у демократске институције, Република Србија је донела нови Закон о организацији и надлежности државних органа у сузбијању организованог криминала, тероризма и корупције, којим су прописана коруптивна кривична дела и предвиђена је специјализација државних органа ради кривичног гоњења и суђења за та кривична дела. Такође, овим законом прописано је увођење финансијске форензике, службеника за везу са Тужилаштвом за организовани криминал и посебним одељењима за сузбијање корупције и формирање ударних група при надлежним тужилаштивма, а све у циљу успешног истраживања и доказивања коруптивних кривичних дела. У раду су представљени резултати рада Посебног одељења за сузбијање корупције при Вишем јавном тужилаштву у Београду у првој години рада, односно анализирана су: коруптивна кривична дела која су процесуирана, практична имплементација нових законских одредаба којима се унапређује истраживање и доказивање коруптивних кривичних дела и број судски окончаних поступака. Посебно је указано на одређене недостатке у законским решењима који отежавају ефикасну борбу против корупције. ; The fight against corruption is the overriding task of every society and state because of which many activities are undertaken that are directed towards adequate prevention and suppression of corruption. The most important activities are dedicated to building comprehensive normative framework in the suppression of corruption, through defining corruption, incrimination of the corruption offenses, establishment of specialized state bodies for the suppression of corruption and defining operational and technical capacities of these bodies in order to successfully fight against corruption. Although the concept of corruption has not yet been uniquely defined, corruption can be defined as abuse of power for private gain. Bearing in mind the fact that corruption leads to impoverishment of the society and state and loss of citizens` confidence in democratic institutions, the Republic of Serbia adopted the new Law on Organisation and Jurisdiction of Government Authorities in the Suppression of Organised Crime, Terrorism and Corruption that prescribes corruptive criminal offenses and foresees specialization of state bodies in order to prosecute and try such criminal offenses. Also, the law provides for the establishment of financial forensics units, connecting officials within the Prosecutor`s Office for Organised Crime and the Special Department of the Public Prosecutor`s Offices for the Suppression of Corruption and establishment of task forces within mentioned Public Prosecutor`s Offices, in order to successfully investigate and prove corruptive criminal offenses. Since more than one year has passed from the beginning of the application of this law, we will present the work results of the Special Department for the Suppression of Corruption within the Higher Public Prosecution Office in Belgrade. Therefore, in this paper we will analyse: corruptive criminal offenses prosecuted during the first year; practical implementation of the new legal provisions which improve investigation and proving of corruptive criminal offenses and the number of court-terminated proceedings. Special attention will be paid to cooperation between specialized bodies for the suppression of corruption. In addition to the practical application analysis of the Law on Organisation and Jurisdiction of Government Authorities in the Suppression of Organised Crime, Terrorism and Corruption focusing on the example of the Special Department for the Suppression of Corruption in Belgrade, we will point out certain deficiencies in the legal provisions that make it difficult to efficiently fight against corruption.
Was Wesley Clark, NATO's commander-in-chief, right when he said that, instead of launching the operation 'Allied Force' against it, the allies shoul have electronically isolated SR Yugoslavia? Yugoslav hackers and crackers used to good advantage the freedom of the cyberspace. During NATO's intervention, they declared a real 'virtual war' to all the countries supportive of this campaign, particularly to the USA. By swooping down by all available means on numerous official web pages of various American institutions and totally abusing the communicational freedoms on the Net, Yugoslav hackers in fact demonstrated a small part of the possibilities of the new e-force. However, the deleterious consequences of Yugoslav on-line users' activities were so harmful that they prodded the international community into issuing a blunt warning to the Serbian Telecom - we shall switch you off from the Internet! The objective of this research is primarily to evidence a totally novel phenomenon on the Internet, the first organized virtual war taking place in the cyberspace, at the time when a real military campaign was waged against SRY. One of the outcomes of these activities was striking out' the documents from the Net that had been preserved only in this texts' authors' archive. There are no additional scientific resources, since the key sources for this article were the Internet and newspaper articles. Although envisaged as a medium available to all, the Internet must soon be safeguarded and protected by legal means. Otherwise, it might simply cave in under the onslaught of all abuses and innumerable viruses circulating the global cyberspace. Due to the increase in the number of users and services, it may be expected that soon a completely new branch of criminal law is to emerge - computer crime. (SOI : PM: S. 242)
Crime and violence pose a serious challenge to Mexico. The problem appears to be growing worse, with 2011 on pace to become the most violent year on record. The rising violence in Mexico has resulted in a sharply heightened sense of fear among citizens, who now feel the presence of cartels in their every day lives. The use of extortion and kidnapping by cartels combined with a lack of trust in security forces terrorizes the population and makes them feel like they have no where to turn. Despite this fact, crime rates in Mexico remain lower than in other parts of Latin America. Venezuela, for example, has among the highest homicide rates in the world. Yet the pervasive infiltration of cartels into public life gives Mexicans a heightened sense of the severity of violent crime in their own country. Although accurate statistics are hard to come by, it is quite possible that 60,000 people have died in the last six-plus years as a result of armed conflict between the Mexican cartels and the Mexican government, amongst cartels fighting each other, and as a result of cartels targeting citizens. Mexico has been struggling with drug production and drug transit through its territory from South America to the U.S. for many decades, given the fact that it is the most important transit country for drug production originating from South America. In recent years, the escalating violence in Mexico has led to dramatic deterioration of the security situation. Recent wave of drug-war violence is associated with the beginning of the term of President Felipe Calderón in December 2006. The immediate implications of his assumption of the presidency and his hard-line policy, which he has applied against drug cartels and organized criminal groups across the country, were the deployment of Mexican army to fight cartels and the gradual weakening of the influence of local and state police at the expense of federal troops. This was done in order to combat corruption and collaboration of local law-enforcement institutions with drug trafficking organizations (DTOs). The consequence of such a policy, however, has been increased violence among rival cartels and between them and the federal police and military, resulting in a dramatic increase of the number of victims. The future of US-Mexican counter drug cooperation, as well as of the whole bilateral relation in the area of security, depends on the outcome of US presidential elections. As for Mexico, Enrique Peña Nieto takes the office on December 1, 2012 that will mark a comeback of his party PRI after 12 years in opposition. As far as the security strategy of the future Mexican President is concerned, there are no significant changes to be expected. Peña Nieto seems to be aware of the current situation and its consequences as well as of the inevitability of an extremely close and dynamic mutual cooperation with the US.
Корупција представља једну од најважнијих тема међународне политике сузбијања криминалитета. Управо нас она упућује, заједно са савременим облицима коруптивног деловања, на потребу увођења одговорности правних лица за дела корупције. Дуго година владајућа максима societas delinquere non potest, која је одбацивала идеју о кривичној одговорности правних лица, у савременом кривичном законодавству је доведена у питање. О неопходности законског уређења проблематике одговорности правних лица за кривична дела говоре многобројни међународни документи које је наша земља ратификовала и на тај начин преузела обавезу имплементације норми међународног права. Овом приликом проблематизујемо питање које се односи на одговорност правних лица за кривична дела и кривичноправно сузбијање корупције. На овом месту размотрићемо да ли је потребно да се говори о кривичној одговорности правних лица, или је примереније терминолошки и са становишта теорије говорити о казненој одговорности правних лица. ; Corruption is considered a social problem not only in Serbia. This phenomenon is given more and more attention at the international level as well. This primarily means coordinated efforts in opposing this obstacle and threat to the development of every country. It is surprising how material-criminal legal norms were narrowly determined in the field of one of the most important topics of international and national policy of crime suppression. For decades, and particularly thanks to sensations of the last years, the practitioners, especially those in the field of judiciary and police, have been warning of corruption and the need of its suppression and limiting. The connection between corruption and organized crime has intensified even more the discussions on counter measures that could be incorporated into the existing laws and remove their weaknesses. Every country should undertake a number of measures and activities in the field of battle against corruption taking into account the international standards in this field. These measures may be of preventive or repressive character. This paper deals with criminal legal intervention that represents ultima ratio, i.e. the last resort that should not be used until all other means and manners to protect someone have been exhausted. Our legislator has responded in the meantime, removed the most important flaws that distort the picture about our criminal legal regulations and incriminated corruptive behaviour, taking into account at that the obligations undertaken based on international conventions. Very delicate field of the responsibility of legal persons for criminal act remains unregulated. In this paper we point out to the need and state the reasons, with parallel study of the achieved solutions in some countries and Anglo-Saxon and continental legal culture, why the issue of responsibilities of legal persons for acts of corruption and even more widely should be regulated by a separate law.
In this article Dr Pribicevic analyzes reasons for difficult and slow transition in Serbia. Twelve years after the breaking down of authoritarian regime the Serbian population is completely disappointed. New authorities was promising higher standard, lower unemployment, quicker enter in to the EU, tough fight with corruption and organized crime. When it didn't happen even after the ten years big expectations were changed with disappointment and dissatisfaction directed against the parties which ruled the country after the 2000. On the elections hold in May 2012 Democratic party and its leader Boris Tadic lost elections and new government was created by Serbian Progressive Party, Socialist party of Serbia and United Regions of Serbia. Three main political reasons caused difficult and slow transition in Serbia. First, complete preoccupation with Kosovo problem and constant conditioning of Serbian European road with so called normalization of relations between Belgrade and Pristina slower down reforms and dealing with all other problems in society, Second, constant conflicts between so- called democratic parties which ran Serbia after 2000 and Third, slow transformation of the parties which ruled the Serbia during the 90' produced situation in which ruling parties after 2000 didn't have normal incentive and corrective coming from opposition. Only after the Serbian Progressive Party, created after the split of extreme nationalistic Serbian Radical Party, adopted main postulates of democracy and main elements of Tadic's foreign policy, first real change occurred in Serbia, twelve years after the breaking down of previous authoritarian regime. Quicker approach to EU and solvation of Kosovo issue remains the main challenge for the new government. Better life of Serbian citizens is mainly related to the solvation of these issues.
Predmet ove disertacije je teorijska analiza regulatornog, komunikološkog, tehnološkog i socio-kulturnog okvira u kome nastaje i širi se "govor mržnje", kao i analiza sadržaja i analiza efekata govora mržnje u internet komunikaciji u Srbiji. Cilj disertacije bio je da preciznije definiše sadržaj govora mržnje i kontekst u kome on nastaje, da u odnosu na kulturološke specifičnosti Srbije preciznije utvrdi granicu između mere u kojoj je neophodno omogućiti nesmetanu slobodu izražavanja i ograničiti širenje govora mržnje. Osnovna hipoteza u ovom radu bila je da je koncept govora mržnje višeznačan i da njegovo razumevanje zavisi od geografskog, kulturnog i uopšte socijalnog konteksta u kome se on manifestuje. Govor mržnje na internetu negativno utiče na javnu komunikaciju te samim tim i na proces formiranja javne sfere. Budući da tako ometa kvalitetnu raspravu o problemima od društvenog značaja, govor mržnje otežava donošenje demokratskih odluka i na direktan način urušava demokratske vrednosti u društvu. U istraživanju je sprovedena komparativna analiza evropskih i nacionalnih pravnih akata u oblasti govora mržnje i slobode izražavanja, dat je kritički pregled ključnih međunarodnih naučnih studija i istraživanja govora mržnje na internetu, kao i institucionalna analiza postojećih mehanizama za suzbijanje govora mržnje. Pored toga sprovedena je analiza odabranih aktera i analiza sadržaja internet stranica na kojima je plasiran govor mržnje prema određenim manjinskim grupama u Srbiji. U istraživanju je identifikovan, opisana i problematizovan fenomen govora mržnje na internetu u kontekstu javne komunikacije u Srbiji. U definisanju samog pojma govora mržnje, kroz komparativnu analizu različitih izvora, uočeno je da njegovo identfikovanje zavisi od toga šta se u određenom društvenom, političkom i kulturnom konetkst smatra za osnovni problem koji želi da se reši ovakvim definicijama. Posebno je istaknuta razlika u shvatanju govora mržnje u različitim pravnim tradicijama u svetu. Pored toga, u široj 4 javnosti kao i u različitoj stručnoj literaturi često nije dovoljno dobro definisana jasna granica govora mržnje u odnosu na uvrede, klevete, negaciju nekih istorijskih događaja ili opravdavanje zločina, vređanje simbola, kritiku javnih ličnosti, različitih političkih stavova i religija. Nedovoljno jasna granica između dozvoljenog i potencijalno zabranjenog izražavanja dovodi do nesporazuma i neefikasne borbe protiv govora mržnje koji bi potencijalno mogao da izazove ozbiljne negativne posledice. Oštra kritika nekog pojedinca ili neke grupe veoma lako može biti protumačena kao govor mržnje, a takav pristup zapravo zatvara prostor za diskusiju o nekom problemu i na direktan način sputava slobodu izražavanja, te ugrožava deliberativan proces u demokratskom društvu. ; The topic of this dissertation is the theoretical analysis of the regulatory, communication, technological and socio-cultural framework in which the "hate speech" is being developed, as well as analysis of the content and analysis of the effects of hate speech in online communication in Serbia. The aim of the dissertation was to more precisely define the content of hate speech and the context in which it arises, and in relation to the cultural specifics of Serbia, more precisely determines the boundary between the measure in which it is necessary to provide unhindered freedom of expression and limit the spread of hate speech. The main hypothesis in this work was that the concept of hate speech is multidimensional and that its understanding depends on the geographical, cultural and general social context in which it manifests itself. Hate speech online has a negative impact on public communication and, consequently, on the process of forming a public sphere. Since it hinders the quality debate on the problems of social coercion, hate speech makes it difficult to make democratic decisions and directly undermines the stability of democratic values in society. The study has conducted a comparative and normative analysis of European and national legal acts in the field of hate speech and freedom of expression, as well as other international scientific studies and research in order to better understand the problem of hate speech online, as well as institutional analysis of existing mechanisms for combating hate speech. In addition, an analysis of selected actors of hate speech was conducted through an analysis of the content of the websites where hate speech was addressed to certain minority groups in Serbia. The research described the phenomenon of hate speech online as a complex phenomenon needed to be analysed from several angles to show more clearly all the problems and all the challenges of its precise definition. In defining the notion of hate speech itself, through a 8 comparative analysis of various sources, it is noted that it depends on what is considered to be a basic problem which particular country wants to solve with such definitions. There is a particular difference in understanding of the hate speech in various international legal traditions. In general public, as in various professional literatures, the definition of hate speech is often not clear enough in relation to insults, defamation, denial of some historical events or justification of crimes, insulting symbols, and criticism of public figures, political affiliations and religions. The insufficiently clear boundary between permitted and potentially prohibited expression leads to misunderstandings and ineffective fight against hate speech that could potentially cause serious negative consequences. A sharp critique of an individual or of a group can easily be interpreted as hate speech, and such an approach actually closes the space for discussion and directly suppresses freedom of expression and endangers the deliberative process in a democratic society.
