Magazine et Edition

Volume 17 (2022): Edition 1 (June 2022)

Volume 16 (2021): Edition 2 (December 2021)

Volume 16 (2021): Edition 1 (July 2021)

Volume 15 (2020): Edition 2 (December 2020)

Volume 15 (2020): Edition 1 (July 2020)

Volume 14 (2019): Edition 2 (December 2019)

Volume 14 (2019): Edition 1 (July 2019)

Volume 13 (2018): Edition 1 (December 2018)

Volume 12 (2017): Edition 2 (December 2017)

Volume 12 (2017): Edition 1 (June 2017)

Volume 11 (2015): Edition 2 (December 2015)

Volume 11 (2015): Edition 1 (December 2015)

Volume 10 (2014): Edition 1 (September 2014)

Volume 9 (2013): Edition 2 (December 2013)

Volume 9 (2013): Edition 1 (September 2013)

Volume 8 (2012): Edition 2 (December 2012)

Volume 8 (2011): Edition 1 (December 2011)

Détails du magazine
Format
Magazine
eISSN
1857-8462
Première publication
01 Jul 2005
Période de publication
2 fois par an
Langues
Anglais

Chercher

Volume 16 (2021): Edition 1 (July 2021)

Détails du magazine
Format
Magazine
eISSN
1857-8462
Première publication
01 Jul 2005
Période de publication
2 fois par an
Langues
Anglais

Chercher

11 Articles
Accès libre

Editorial Preface

Publié en ligne: 12 Jun 2021
Pages: 1 - 2

Résumé

Accès libre

The Controversy between Niklas Luhmann and Jűrgen Habermas Related to Sociological Approach to Law

Publié en ligne: 12 Jun 2021
Pages: 3 - 13

Résumé

Abstract

The aim of the paper is to present a brief insight into the significant works and views of the German sociologists Niklas Luhmann and Jűrgen Habermas on the role of law in regulating human relations in society. Educated as a lawyer, Niklas Luhmann in the late academic career was under the influence of the American sociologist Talcott Parsons. Niklas Luhmann later, under the influence of the American sociologist Talcott Parsons, he built a sociological theoretical system called the systems theory. On the other side, Jűrgen Habermas was a philosopher and sociologist, highly influenced by the Frankfurt school of sociology. According to Luhmann‘s systems theory, the social reality and the separate aspects of the social life are part of a deeper system called society, and in relation to the same they are set as subsystems. Social systems are divided into allopoietic and autopoietic. One of the significant axioms of Luhmann’s theory is that the largest number of systems tends to simplify due to the pressure of the environment for greater efficiency. Law in Luhman’s systems theory enjoys the status of an autonomous system for regulating society, rather than an instrumental contribution to politics. This brief review exposed a big clash between two influential German thinkers. In this paper we are going to use historical method and analysing of the content of different materials and previous authors that are dealing with the work of Niklas Luhmann and Jűrgen Habermas.

Mots clés

  • Niklas Luhmann
  • sociology
  • law
  • controversy
  • systems theory
  • Jűrgen Habermas
Accès libre

Fiscal Decentralization and Alternative Financial Sources for the Local Self-Government in Republic of North Macedonia - Overview

Publié en ligne: 12 Jun 2021
Pages: 14 - 29

Résumé

Abstract

Local governance in developing countries demonstrates many problems related to financial sources and good governance of their finances. Local Self-Government (LSG) units in the Republic of North Macedonia are very small which results in a lack of capabilities to raise enough funds to offer delegated services. The local government in the Republic of North Macedonia centralizes almost all public finance. Local budgets depend heavily on state transfers and donations from the central budget. The lack of funds remained a crucial problem even though there were some attempts for the decentralization process. Practically, governments in many of the local governments in North Macedonia could not secure their resources. In this way, they could come with specific charges, but all taxes are decided by the central government. The practice showed that local governments before borrowing needs to be approved by the Ministry of Finance.

The Republic of North Macedonia as a potential candidate to join the European Union should make several changes regarding the legislation during the process of accession to benefit from being a small candidate country. The main aim of this paper is to investigate alternative financial sources such are Municipal Bonds, Partnership Sukuk securities, and PPP. Unfortunately, many financial alternatives have not been able to be implemented due to failures in reforms and good financial governance. But they remain an open opportunity for developing a local government in the future.

Mots clés

  • fiscal decentralization
  • alternative financial sources
  • municipality
  • LSG
  • LED
Accès libre

Children as Victims of Domestic Violence – Deprivation of Parental Rights according to the Family Law Act of the Republic of North Macedonia and the Family Law Act of Kosovo

Publié en ligne: 12 Jun 2021
Pages: 30 - 44

Résumé

Abstract

Domestic violence is one of the most serious forms of violation of basic human freedoms and rights regardless of ethnicity, gender, religion, and status. A reflection on many international statistics shows that women are the most frequent victims of domestic violence. Based on the definition of the phenomenon of domestic violence, the forms of abuse, the manner how violence is treated, the possibility of children, men, extramarital spouses, brothers, sisters, and old people living in an extended domestic community, of also being victims is not excluded. Since domestic violence is not only a national problem but a worldwide problem, international organizations have worked towards the eradication of this phenomenon by sanctioning it in various international conventions. Also, the legal systems of many countries prohibit and sanction domestic violence by special laws obliging the state authorities to act in all situations when there are indications that there are direct or indirect violent acts in a family. In this paper, the authors present only the domestic violence against children as an evident problem in families, but which is often unreported. The legal frameworks of the Republic of North Macedonia and Republic of Kosovo are presented in this paper with the aim to describe the material-legal and procedural-legal treatment of domestic violence by pointing out the failure of the state authorities in implementing the laws on protection and prevention of this phenomenon. The authors take the approach of only treating the legal consequences of child abuse by parents that in both legislations is deprivation of parental rights for the violent parent. They conclude that the state authorities should intensify their work in taking control measures towards all the families where there are suspicions that the parental rights are neglected, and the child is abused. Because many cases of abuse have not been detected or reported, and in both countries a special study especially on domestic violence against children does not exist, the possibility that the number for this type of child abuse is great.

Mots clés

  • domestic violence
  • deprivation of parental rights
  • children as direct and indirect victims
Accès libre

Data Mining Approach Improving Decision-Making Competency along the Business Digital Transformation Journey: A Case Study – Home Appliances after Sales Service

Publié en ligne: 12 Jun 2021
Pages: 45 - 65

Résumé

Abstract

Data mining, as an essential part of artificial intelligence, is a powerful digital technology, which makes businesses predict future trends and alleviate the process of decision-making and enhancing customer experience along their digital transformation journey. This research provides a practical implication – a case study - to provide guidance on analyzing information and predicting repairs in home appliances after sales services business.

The main benefit of this practical comparative study of various classification algorithms, by using the Weka tool, is the analysis of information and the prediction of repairs in the home appliances after sales services business. The comparison of algorithms is performed considering different parameters, such as the mean absolute error, root mean square error, relative absolute error and root relative squared error, receiver operating characteristic area, accuracy, Matthews’s correlation coefficient, precision-recall curve, precision, F-measure, recall and statistical criteria. Five classification algorithms such as the Naive Bayes, J48, random forest, K-Nearest Neighbor, and logistic regression were implemented in the dataset. J48 has proved to provide the best accuracy and the lowest error among the other examined algorithms applied to a home appliances after sales services dataset to predict repairs based on product guarantee period.

The extracted information and results of an after sales services business by using data mining techniques prove to alleviate the process of streamlining decision-making and provide reliable predictions, especially for the customers, as well as increase businesses’ efficiency along their digital transformation journey.

Mots clés

  • Data Mining
  • Classification
  • Digital Transformation
  • Home Appliances After Sales Services
  • Decision-Making
Accès libre

Context Based and Non-Context Based Interpretation of English Compounds in Legal Discourse-A Case Study with ESP Law Students

Publié en ligne: 12 Jun 2021
Pages: 66 - 79

Résumé

Abstract

Due to new innovations and changes, every language needs new words simply because there is a need for new words to name new things. It is a common occurrence for a speaker to use some words in a way that has never been used before in order to communicate directly about certain facts or ideas. When new inventions and changes come into people’s lives, there is a need to name them and talk about them. If a new word is used by many speakers of the language, it will probably survive, and the same word will one day become an everyday word and enter the vocabulary of a language. This paper looks at compounding as one of the most productive word formation process in English. The term compounding refers to a process in which two or more lexemes are combined into one new word. When a word is formed by merging two or more words, each of which can be used separately, it is called a compound word. The term “word formation” has no universally accepted use. Word formation is sometimes defined as a process associated with changing the form of a word, for example, affixation, which is, in fact, the subject of morphology. In a broader sense, word formation covers the processes of creating new lexical items. In English, word formation is of great importance because this phenomenon affects the English dictionary, which in addition to borrowing from various other languages is enriched in this way. The aim of this paper was to investigate the context based vs. non-context interpretation of English compounds by EFL students in legal discourse. The findings from the test run-questionnaire showed that students of English as a foreign language found it more difficult to apply compound words in context rather than choosing an appropriate definition for them, with or without a given context. Furthermore, students scored lower when 50% of the compounds were given in context.

Mots clés

  • word-formation
  • compounds
  • lexis
  • legal discourse
  • EFL
Accès libre

Characteristics of Juvenile Delinquency with Special Emphasis on Juveniles as Child Sexual Abusers

Publié en ligne: 12 Jun 2021
Pages: 80 - 92

Résumé

Abstract

The paper is composed of two parts. The first part covers juvenile delinquency with all its characteristics. When analyzing the delinquency, we gave a special place to the socio-pathological phenomena which is more and more present and the rate is higher from year to year. Social pathology is a huge issue that requires special commitment, first, for its detection and then prevention. Within the delinquency, we also cover the most common crimes committed by juveniles.

In the second part of this paper, the authors deal in more details with a specific form of crime which can also be committed by juveniles: child sexual abuse and pedophilia. First, the difference between child sexual abuse and pedophilia will be discussed, a difference that is of particular importance in cases where minors are abusers. Furthermore, the main characteristics of cases when both perpetrators and victims of sexual abuse are minors will be addressed. Although these criminal offenses are rarer in practice unlike the criminal offenses and deviant behaviors treated in the first part, however, knowing the main characteristics and specifics of such cases is of particular importance for the legal-criminal treatment of the perpetrators of these criminal offenses.

Mots clés

  • juvenile delinquency
  • youth gang
  • social pathology
  • child sexual abuse
  • pedophilia
Accès libre

Comparative Analysis of Local Community Protection Mechanisms in Kosovo and North Macedonia

Publié en ligne: 12 Jun 2021
Pages: 93 - 107

Résumé

Abstract

The objective of this paper is to provide a comparative analysis of local community protection mechanisms in Kosovo and North Macedonia. The intention is to comparatively analyze the community protection mechanism’s differences and similarities and their establishment in both countries. Requirements on community protection mechanisms as tools for ensuring community rights will be elaborated with two institutional settings and succinct legal infrastructure. The establishment of the community-led mechanisms debate has been increasingly conductive to Kosovo and North Macedonia since the inter-ethnic conflicts that these two states were involved in. For that particular reason, Kosovo and North Macedonia have initiated the design of community protection mechanisms to foster inter-community communication, tension easing, and serving as a means and tool for communities’ inclusiveness in local and central institutional affairs.

In doing this analysis, two primary legal documents in Kosovo and North Macedonia, the proposed plan settlement of the former United Nations special envoy Martii Ahtisaari in Kosovo and the Ohrid Framework Agreement in North Macedonia, will lead to conclusive comparative findings. Further, the comparative analysis will extend to elaborating Kosovo’s and North Macedonia’s legislative framework, such as their constitutions, community protection laws, and local governance legislation.

The importance of the paper also extends to comparing the community protection mechanisms between two countries in finding potential differences and parities between the community protection mechanisms in Kosovo and North Macedonia.

Finally, the analysis will provide a theoretical understanding of the local community protection mechanisms framework, focusing on establishing community protection mechanisms, legal requirements, and successes these mechanisms have brought to both countries’ institutional settings.

Mots clés

  • Community Protection Mechanisms
  • Legislation
  • Comprehensive Proposal
  • Ohrid Framework Agreement
Accès libre

Protection of the Rights of Parties, Participants and Third Parties During Enforcement in Republic of North Macedonia

Publié en ligne: 12 Jun 2021
Pages: 108 - 123

Résumé

Abstract

The aim of this paper is to analyze the protection offered to parties, participants and third parties during enforcement, as one of the most important requirements of the enforcement procedure. Having in mind that bailiffs except for implementing enforcement, they are also competent to determine the means by which creditors’ claims will be fulfilled. The realization of the creditors’ claims does not mean use of any kind of measure or enforcement procedural activity. In this context the authors review ways in which debtors and their family members can be protected during enforcement actions, such as measures of exclusion and restriction of enforcement on the debtor’s items and income. Furthermore, the authors elaborate other legal and important ways for protection of parties, participants and third parties, such as opposition to illegality and complaints provided by the Law on Enforcement.

In this regard, results of this research have shown that the RNM is making efforts to create a more effective enforcement system, which includes guarantees not only for the protection of the creditor and the debtor as a party, but also for the participants and third parties. From the enforcement experiences of citizens were reported dissatisfaction and complaints of citizens regarding the performance of bailiffs, namely taking the necessary means of subsistence form them. To avoid this situation Amendments on the Law on Enforcement in 2020 were brought, so the legal framework was clarified in terms of measures for exclusion and restriction of enforcement. This resulted in the prevention of economic damage of debtors and their family, because now no action can be taken if the debtor has an average salary or pension. Extraordinary legal remedies in enforcement proceeding are excluded, but there are other safeguards that are related to enforcement process but are not regulated by the Law on Enforcement.

Mots clés

  • Law on Enforcement
  • parties and participants
  • bailiff
  • legal remedies
  • restriction
  • and exclusion
Accès libre

Civil Procedure on Securing a Claim in the Republic of Kosovo

Publié en ligne: 12 Jun 2021
Pages: 124 - 138

Résumé

Abstract

The objective of the paper is to create a concept of what securing the claim is, based on the positive legislation of Kosovo’s law, comparing its regulation with laws of somewhat similar legislations of neighbouring regions, understanding its implementation in practice, to achieve conclusions and remarks based on law, facts, practice, and the comparative aspect. The Civil Procedure Law in the Republic of Kosovo is regulated with contested, non-contested or enforcement procedure. Securing the claim is an institute expressively regulated by the “Law on Contested Procedure of the Republic of Kosovo” on its XXI Chapter that defines its means and types.

Considering securing the claim measures are present in civil law to prevent any possible threat of protected rights until the final verdict is given, this paper tends to achieve a realization of how these measures practically succeed in actual cases, if they meet the criteria set in the law, or if securing the claim proposal is approved by the court, if they unintentionally restrain the respondent from using their rights. Moving forward, how one distinguishes claim security and interim measures from one-another although they describe the main concept, is strictly reviewed under this article, to finally achieve conclusions and remarks based on questions raised as above.

Mots clés

  • Law on Contested Procedure-LCP
  • Law on Enforcement Procedure-LEP
  • Claim Security
  • Interim measures
  • CCPA-Code of Civil Procedure Albania
  • ECHR – European Convention on Human Rights
Accès libre

The Legal and Trade Effect of the SAA between the Republic of Kosovo and the European Union

Publié en ligne: 12 Jun 2021
Pages: 139 - 148

Résumé

Abstract

The Stabilization and Association Agreement with the Republic of Kosovo is a new chapter in the new institutional and social functioning because it has direct impact on the citizens’ life in our country. The effects of the agreement are not only in trading but those are multiple effects, since they do touch the political stability, the rule of law, democratic governance, economic development, trade exchange, regional economic cooperation, etc. and therefore the relevance of this agreement should not be seen from a single viewpoint, but rather from a wider perspective and we should dedicate more attention to the direct legal and trading issues. This agreement in the short term will create perspective and hope, in the middle term, it will create political stability, whereas in the long term, it will bring economic development, and genuinely trading exchange.

Mots clés

  • effect
  • trading exchange
  • regional economic cooperation
  • political stability
  • Stabilization and Association Agreement
11 Articles
Accès libre

Editorial Preface

Publié en ligne: 12 Jun 2021
Pages: 1 - 2

Résumé

Accès libre

The Controversy between Niklas Luhmann and Jűrgen Habermas Related to Sociological Approach to Law

Publié en ligne: 12 Jun 2021
Pages: 3 - 13

Résumé

Abstract

The aim of the paper is to present a brief insight into the significant works and views of the German sociologists Niklas Luhmann and Jűrgen Habermas on the role of law in regulating human relations in society. Educated as a lawyer, Niklas Luhmann in the late academic career was under the influence of the American sociologist Talcott Parsons. Niklas Luhmann later, under the influence of the American sociologist Talcott Parsons, he built a sociological theoretical system called the systems theory. On the other side, Jűrgen Habermas was a philosopher and sociologist, highly influenced by the Frankfurt school of sociology. According to Luhmann‘s systems theory, the social reality and the separate aspects of the social life are part of a deeper system called society, and in relation to the same they are set as subsystems. Social systems are divided into allopoietic and autopoietic. One of the significant axioms of Luhmann’s theory is that the largest number of systems tends to simplify due to the pressure of the environment for greater efficiency. Law in Luhman’s systems theory enjoys the status of an autonomous system for regulating society, rather than an instrumental contribution to politics. This brief review exposed a big clash between two influential German thinkers. In this paper we are going to use historical method and analysing of the content of different materials and previous authors that are dealing with the work of Niklas Luhmann and Jűrgen Habermas.

Mots clés

  • Niklas Luhmann
  • sociology
  • law
  • controversy
  • systems theory
  • Jűrgen Habermas
Accès libre

Fiscal Decentralization and Alternative Financial Sources for the Local Self-Government in Republic of North Macedonia - Overview

Publié en ligne: 12 Jun 2021
Pages: 14 - 29

Résumé

Abstract

Local governance in developing countries demonstrates many problems related to financial sources and good governance of their finances. Local Self-Government (LSG) units in the Republic of North Macedonia are very small which results in a lack of capabilities to raise enough funds to offer delegated services. The local government in the Republic of North Macedonia centralizes almost all public finance. Local budgets depend heavily on state transfers and donations from the central budget. The lack of funds remained a crucial problem even though there were some attempts for the decentralization process. Practically, governments in many of the local governments in North Macedonia could not secure their resources. In this way, they could come with specific charges, but all taxes are decided by the central government. The practice showed that local governments before borrowing needs to be approved by the Ministry of Finance.

The Republic of North Macedonia as a potential candidate to join the European Union should make several changes regarding the legislation during the process of accession to benefit from being a small candidate country. The main aim of this paper is to investigate alternative financial sources such are Municipal Bonds, Partnership Sukuk securities, and PPP. Unfortunately, many financial alternatives have not been able to be implemented due to failures in reforms and good financial governance. But they remain an open opportunity for developing a local government in the future.

Mots clés

  • fiscal decentralization
  • alternative financial sources
  • municipality
  • LSG
  • LED
Accès libre

Children as Victims of Domestic Violence – Deprivation of Parental Rights according to the Family Law Act of the Republic of North Macedonia and the Family Law Act of Kosovo

Publié en ligne: 12 Jun 2021
Pages: 30 - 44

Résumé

Abstract

Domestic violence is one of the most serious forms of violation of basic human freedoms and rights regardless of ethnicity, gender, religion, and status. A reflection on many international statistics shows that women are the most frequent victims of domestic violence. Based on the definition of the phenomenon of domestic violence, the forms of abuse, the manner how violence is treated, the possibility of children, men, extramarital spouses, brothers, sisters, and old people living in an extended domestic community, of also being victims is not excluded. Since domestic violence is not only a national problem but a worldwide problem, international organizations have worked towards the eradication of this phenomenon by sanctioning it in various international conventions. Also, the legal systems of many countries prohibit and sanction domestic violence by special laws obliging the state authorities to act in all situations when there are indications that there are direct or indirect violent acts in a family. In this paper, the authors present only the domestic violence against children as an evident problem in families, but which is often unreported. The legal frameworks of the Republic of North Macedonia and Republic of Kosovo are presented in this paper with the aim to describe the material-legal and procedural-legal treatment of domestic violence by pointing out the failure of the state authorities in implementing the laws on protection and prevention of this phenomenon. The authors take the approach of only treating the legal consequences of child abuse by parents that in both legislations is deprivation of parental rights for the violent parent. They conclude that the state authorities should intensify their work in taking control measures towards all the families where there are suspicions that the parental rights are neglected, and the child is abused. Because many cases of abuse have not been detected or reported, and in both countries a special study especially on domestic violence against children does not exist, the possibility that the number for this type of child abuse is great.

Mots clés

  • domestic violence
  • deprivation of parental rights
  • children as direct and indirect victims
Accès libre

Data Mining Approach Improving Decision-Making Competency along the Business Digital Transformation Journey: A Case Study – Home Appliances after Sales Service

Publié en ligne: 12 Jun 2021
Pages: 45 - 65

Résumé

Abstract

Data mining, as an essential part of artificial intelligence, is a powerful digital technology, which makes businesses predict future trends and alleviate the process of decision-making and enhancing customer experience along their digital transformation journey. This research provides a practical implication – a case study - to provide guidance on analyzing information and predicting repairs in home appliances after sales services business.

The main benefit of this practical comparative study of various classification algorithms, by using the Weka tool, is the analysis of information and the prediction of repairs in the home appliances after sales services business. The comparison of algorithms is performed considering different parameters, such as the mean absolute error, root mean square error, relative absolute error and root relative squared error, receiver operating characteristic area, accuracy, Matthews’s correlation coefficient, precision-recall curve, precision, F-measure, recall and statistical criteria. Five classification algorithms such as the Naive Bayes, J48, random forest, K-Nearest Neighbor, and logistic regression were implemented in the dataset. J48 has proved to provide the best accuracy and the lowest error among the other examined algorithms applied to a home appliances after sales services dataset to predict repairs based on product guarantee period.

The extracted information and results of an after sales services business by using data mining techniques prove to alleviate the process of streamlining decision-making and provide reliable predictions, especially for the customers, as well as increase businesses’ efficiency along their digital transformation journey.

Mots clés

  • Data Mining
  • Classification
  • Digital Transformation
  • Home Appliances After Sales Services
  • Decision-Making
Accès libre

Context Based and Non-Context Based Interpretation of English Compounds in Legal Discourse-A Case Study with ESP Law Students

Publié en ligne: 12 Jun 2021
Pages: 66 - 79

Résumé

Abstract

Due to new innovations and changes, every language needs new words simply because there is a need for new words to name new things. It is a common occurrence for a speaker to use some words in a way that has never been used before in order to communicate directly about certain facts or ideas. When new inventions and changes come into people’s lives, there is a need to name them and talk about them. If a new word is used by many speakers of the language, it will probably survive, and the same word will one day become an everyday word and enter the vocabulary of a language. This paper looks at compounding as one of the most productive word formation process in English. The term compounding refers to a process in which two or more lexemes are combined into one new word. When a word is formed by merging two or more words, each of which can be used separately, it is called a compound word. The term “word formation” has no universally accepted use. Word formation is sometimes defined as a process associated with changing the form of a word, for example, affixation, which is, in fact, the subject of morphology. In a broader sense, word formation covers the processes of creating new lexical items. In English, word formation is of great importance because this phenomenon affects the English dictionary, which in addition to borrowing from various other languages is enriched in this way. The aim of this paper was to investigate the context based vs. non-context interpretation of English compounds by EFL students in legal discourse. The findings from the test run-questionnaire showed that students of English as a foreign language found it more difficult to apply compound words in context rather than choosing an appropriate definition for them, with or without a given context. Furthermore, students scored lower when 50% of the compounds were given in context.

Mots clés

  • word-formation
  • compounds
  • lexis
  • legal discourse
  • EFL
Accès libre

Characteristics of Juvenile Delinquency with Special Emphasis on Juveniles as Child Sexual Abusers

Publié en ligne: 12 Jun 2021
Pages: 80 - 92

Résumé

Abstract

The paper is composed of two parts. The first part covers juvenile delinquency with all its characteristics. When analyzing the delinquency, we gave a special place to the socio-pathological phenomena which is more and more present and the rate is higher from year to year. Social pathology is a huge issue that requires special commitment, first, for its detection and then prevention. Within the delinquency, we also cover the most common crimes committed by juveniles.

In the second part of this paper, the authors deal in more details with a specific form of crime which can also be committed by juveniles: child sexual abuse and pedophilia. First, the difference between child sexual abuse and pedophilia will be discussed, a difference that is of particular importance in cases where minors are abusers. Furthermore, the main characteristics of cases when both perpetrators and victims of sexual abuse are minors will be addressed. Although these criminal offenses are rarer in practice unlike the criminal offenses and deviant behaviors treated in the first part, however, knowing the main characteristics and specifics of such cases is of particular importance for the legal-criminal treatment of the perpetrators of these criminal offenses.

Mots clés

  • juvenile delinquency
  • youth gang
  • social pathology
  • child sexual abuse
  • pedophilia
Accès libre

Comparative Analysis of Local Community Protection Mechanisms in Kosovo and North Macedonia

Publié en ligne: 12 Jun 2021
Pages: 93 - 107

Résumé

Abstract

The objective of this paper is to provide a comparative analysis of local community protection mechanisms in Kosovo and North Macedonia. The intention is to comparatively analyze the community protection mechanism’s differences and similarities and their establishment in both countries. Requirements on community protection mechanisms as tools for ensuring community rights will be elaborated with two institutional settings and succinct legal infrastructure. The establishment of the community-led mechanisms debate has been increasingly conductive to Kosovo and North Macedonia since the inter-ethnic conflicts that these two states were involved in. For that particular reason, Kosovo and North Macedonia have initiated the design of community protection mechanisms to foster inter-community communication, tension easing, and serving as a means and tool for communities’ inclusiveness in local and central institutional affairs.

In doing this analysis, two primary legal documents in Kosovo and North Macedonia, the proposed plan settlement of the former United Nations special envoy Martii Ahtisaari in Kosovo and the Ohrid Framework Agreement in North Macedonia, will lead to conclusive comparative findings. Further, the comparative analysis will extend to elaborating Kosovo’s and North Macedonia’s legislative framework, such as their constitutions, community protection laws, and local governance legislation.

The importance of the paper also extends to comparing the community protection mechanisms between two countries in finding potential differences and parities between the community protection mechanisms in Kosovo and North Macedonia.

Finally, the analysis will provide a theoretical understanding of the local community protection mechanisms framework, focusing on establishing community protection mechanisms, legal requirements, and successes these mechanisms have brought to both countries’ institutional settings.

Mots clés

  • Community Protection Mechanisms
  • Legislation
  • Comprehensive Proposal
  • Ohrid Framework Agreement
Accès libre

Protection of the Rights of Parties, Participants and Third Parties During Enforcement in Republic of North Macedonia

Publié en ligne: 12 Jun 2021
Pages: 108 - 123

Résumé

Abstract

The aim of this paper is to analyze the protection offered to parties, participants and third parties during enforcement, as one of the most important requirements of the enforcement procedure. Having in mind that bailiffs except for implementing enforcement, they are also competent to determine the means by which creditors’ claims will be fulfilled. The realization of the creditors’ claims does not mean use of any kind of measure or enforcement procedural activity. In this context the authors review ways in which debtors and their family members can be protected during enforcement actions, such as measures of exclusion and restriction of enforcement on the debtor’s items and income. Furthermore, the authors elaborate other legal and important ways for protection of parties, participants and third parties, such as opposition to illegality and complaints provided by the Law on Enforcement.

In this regard, results of this research have shown that the RNM is making efforts to create a more effective enforcement system, which includes guarantees not only for the protection of the creditor and the debtor as a party, but also for the participants and third parties. From the enforcement experiences of citizens were reported dissatisfaction and complaints of citizens regarding the performance of bailiffs, namely taking the necessary means of subsistence form them. To avoid this situation Amendments on the Law on Enforcement in 2020 were brought, so the legal framework was clarified in terms of measures for exclusion and restriction of enforcement. This resulted in the prevention of economic damage of debtors and their family, because now no action can be taken if the debtor has an average salary or pension. Extraordinary legal remedies in enforcement proceeding are excluded, but there are other safeguards that are related to enforcement process but are not regulated by the Law on Enforcement.

Mots clés

  • Law on Enforcement
  • parties and participants
  • bailiff
  • legal remedies
  • restriction
  • and exclusion
Accès libre

Civil Procedure on Securing a Claim in the Republic of Kosovo

Publié en ligne: 12 Jun 2021
Pages: 124 - 138

Résumé

Abstract

The objective of the paper is to create a concept of what securing the claim is, based on the positive legislation of Kosovo’s law, comparing its regulation with laws of somewhat similar legislations of neighbouring regions, understanding its implementation in practice, to achieve conclusions and remarks based on law, facts, practice, and the comparative aspect. The Civil Procedure Law in the Republic of Kosovo is regulated with contested, non-contested or enforcement procedure. Securing the claim is an institute expressively regulated by the “Law on Contested Procedure of the Republic of Kosovo” on its XXI Chapter that defines its means and types.

Considering securing the claim measures are present in civil law to prevent any possible threat of protected rights until the final verdict is given, this paper tends to achieve a realization of how these measures practically succeed in actual cases, if they meet the criteria set in the law, or if securing the claim proposal is approved by the court, if they unintentionally restrain the respondent from using their rights. Moving forward, how one distinguishes claim security and interim measures from one-another although they describe the main concept, is strictly reviewed under this article, to finally achieve conclusions and remarks based on questions raised as above.

Mots clés

  • Law on Contested Procedure-LCP
  • Law on Enforcement Procedure-LEP
  • Claim Security
  • Interim measures
  • CCPA-Code of Civil Procedure Albania
  • ECHR – European Convention on Human Rights
Accès libre

The Legal and Trade Effect of the SAA between the Republic of Kosovo and the European Union

Publié en ligne: 12 Jun 2021
Pages: 139 - 148

Résumé

Abstract

The Stabilization and Association Agreement with the Republic of Kosovo is a new chapter in the new institutional and social functioning because it has direct impact on the citizens’ life in our country. The effects of the agreement are not only in trading but those are multiple effects, since they do touch the political stability, the rule of law, democratic governance, economic development, trade exchange, regional economic cooperation, etc. and therefore the relevance of this agreement should not be seen from a single viewpoint, but rather from a wider perspective and we should dedicate more attention to the direct legal and trading issues. This agreement in the short term will create perspective and hope, in the middle term, it will create political stability, whereas in the long term, it will bring economic development, and genuinely trading exchange.

Mots clés

  • effect
  • trading exchange
  • regional economic cooperation
  • political stability
  • Stabilization and Association Agreement

Planifiez votre conférence à distance avec Sciendo