Iustinianus Primus Law Review
type: channel
description: Iustinianus Primus Law Review is an international, peer-reviewed, open-access, online, scientific law journal published by the Faculty of Law “Iustinianus Primus” at Ss. Cyril and Methodius University in Skopje, Republic of North Macedonia. Its first volume was published in 2010. Iustinianus Primus Law Review is an open access journal, and all content is freely available without charge to the user or his/her institution. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles, or use them for any other lawful purpose, without asking prior permission from the publisher or the author. ISSN 1857-8683 Iustinianus Primus Law Review is publish only in electronic format. Iustinianus Primus Law Journal is indexed in HEINONLINE, EBSCO and Directory of Open Access Journals - DOAJ.
publisher: Ss Cyril and Methodius University in Skopje, Faculty of Law Iustinianus Primus, Skopje
language: en
publication name: Iustinianus Primus Law Review
issn: 1857-8683
items: FLEXIBILITY OF CONSTITUTIONS AS A FACTOR OF POLITICAL STABILITY. THE CASE OF WESTERN BALKANS STATES
items: OLD HABITS VS. NEW DEMANDS: CHALLENGES IN REFORMING TOP MANAGERS IN THE MACEDONIAN PUBLIC ADMINISTRATION
items: SPECIALIZED BODIES OF THE COUNCIL OF EUROPE
items: CHALLENGES OF USING ARTIFICIAL INTELLIGENCE IN THE WORK OF PUBLIC ADMINISTRATION
items: THE DIFFERENCE BETWEEN DIGITAL EVIDENCE AND EVIDENCE IN DIGITAL FORM
items: ANALYSIS OF THE LEGAL STATUS OF THE MACEDONIAN ORTHODOX CHURCH (ARCHDIOCESE OF OHRID) AND THE CATHOLIC CHURCH AND THEIR RELATION TO THE STATE
items: CONSTRUCTIVIST ASPECTS OF THE UN SECURITY COUNCIL’S PERMANENT MEMBERS’ CONDUCT: THE CASE OF FRANCE AND THE UNITED KINGDOM
items: MONEY LAUNDERING, PREDICATE OFFENCES AND PROFESSIONAL MONEY LAUNDERING PERPETRATORS
items: THE NATIONAL IDENTITY NARRATIVE IN THE RELATIONSHIP BETWEEN THE MEMBER STATES FROM CENTRAL AND EASTERN EUROPE AND THE EUROPEAN UNION: A RECENT CASE LAW ANALYSIS
items: CONFLICTING CONNECTIVITIES: LEGAL CONSIDERATIONS FOR NEGOTIATING GEOTECHNOLOGICAL RIVALRY
items: ALTERNATIVE SENTENCES TO IMPRISONMENT AN OPPORTUNITY FOR JUVENILE INTEGRATION
items: The Impact of Euro Atlantic Integration on Macedonian Business Environment: Can a Friendship be Measured with Numbers
items: TRENDS IN THE STATES RECOGNITION IN INTERNATIONAL PUBLIC LAW AND THE CASE OF MACEDONIA
items: THE IMPACT OF THE EU’S DIRECTIVE 2012/29/EU ON ESTABLISHING MINIMUM STANDARDS ON THE RIGHTS, SUPPORT AND PROTECTION OF VICTIMS OF CRIME TO THE MACEDONIAN CRIMINAL PROCEDURE
items: TAXATION IN ERA OF GLOBALIZATION AND DIGITALIZATION Issues and Challenges on National Tax Sovereignty
items: HERMENEUTICS OF THE MIGRATION CRISIS
items: http://www.philologicalstudies.org/index.php/iplr/article/view/3748
items: PHENOMENOLOGY OF CHILD DELINQUENCY IN MACEDONIA IN THE PERIOD FROM 2006 TO 2016
items: PROCEDURAL LEGAL STANDING (LEGITIMATIO AD PROCESSUM)
items: CONSTITUTIONAL JUSTICE IN THE REPUBLIC OF MACEDONIA MACEDONIAN CONSTITUTIONAL COURT - LEGAL SYMPHONY OR LEGAL CACOPHONY?
items: BEYOND PARALLEL DEMOCRACY?
items: SPECIAL FEATURES OF ROMAN SERVITUDES
items: ENFORCEMENT TITLES AS GROUND FOR ENFORCEMENT IN MACEDONIAN LAW
items: MODIFICATIONS OF LEGAL TRANSACTIONS
items: THE OTTOMAN EMPIRE IN THE ERA OF THE REVOLUTIONARY TRANSFORMATION OF THE ANCIENT EUROPEAN SOCIETY
items: HOW THE SEATS ARE ALLOCATED IN THE ELECTORAL CONSTITUENCIES?
items: THE LEGAL STATUS OF THE REGULATORY BODIES/AGENCIES IN THE REPUBLIC OF MACEDONIA
items: HATE SPEECH AND ITS DIRECT INFLUENCE ON SOCIAL STRATIFICATION OF INDIVIDUALS AND GROUPS
items: DETERMINING THE APPLICABLE LAW ON PRIVILEGES IN INTERNATIONAL COMMERCIAL ARBITRATION
items: EU SANCTIONS AND NON-PROLIFERATION OF NUCLEAR WEAPONS: THE CASE OF PRIVATE INDIVIDUALS CAUGHT IN THE CROSSHAIRS OF EU’S SANCTIONS POLICY

FLEXIBILITY OF CONSTITUTIONS AS A FACTOR OF POLITICAL STABILITY. THE CASE OF WESTERN BALKANS STATES
type: item
description: This paper elaborates on the relationship between the political system's stability and a constitution's flexibility. Using the comparative constitutionalism perspective, one can find some background assumptions underlying political system mechanisms. The core of the constitutional system is made of political elements manifested in the Preamble and legal elements, which are to be found in the body of the written document of the constitution. Rules and procedures for interplay between these elements are crucial for comprehending political stability issues. This theoretical approach shows its full gravity when analyzing the political peculiarities of Western Balkans states, where constitutions are utilized as political instruments for stabilizing volatile multi-ethnic and pluralistic societies. The outcome of the research is significant for better understanding the Balkan political context as well as the inherent logic of the idea of constitutionalism.
subject: Articles
  topic: section
subject: political stability, comparative constitutionalism, Western Balkans, preamble, flexibility, resilience, political system, constitutional law
  topic: keywords
creator: Łukasz Perlikowski
rights: Copyright (c) 2025
date: 2025-10-21
publication date: 2025-10-21

OLD HABITS VS. NEW DEMANDS: CHALLENGES IN REFORMING TOP MANAGERS IN THE MACEDONIAN PUBLIC ADMINISTRATION
type: item
description: A significant factor in determining whether a country will thrive is the quality of its public administration. Citizens are far more likely to enjoy a higher quality of life if their country’s public administration has the capacity to fulfill its duties effectively and perform optimally. The business sector is more likely to develop when the public administration operates smoothly and provides stability, as well as quick and accessible services. The civil sector, likewise, can rely on a capable and responsive partner if the public administration functions transparently and efficiently. In other words, the institutions falling under the umbrella term “public administration” are responsible for enforcing the law (while considering both individual rights and the public interest), implementing policies, supervising compliance with regulations by citizens and legal entities, delivering public services, and more. For that reason, they play a vital role in ensuring citizens’ well-being, fostering a business-friendly environment, and contributing to the development and success of the civil sector. Given this, it is essential that these institutions are properly managed. This requires top public managers who are competent, informed, well-equipped, responsible, and sufficiently independent. In this context, the paper at hand examines top public managers in the Republic of North Macedonia. It explores not only the legal framework governing managers in the public administration (also referred to as top public managers, office holders, elected and appointed persons, or functionaries), but also the actual practices concerning their recruitment, performance evaluation, accountability, and dismissal. The suggestions the authors provide throughout the paper are envisaged as a remedy against the systemic weaknesses that have been identified and that are elaborated upon herein.
subject: Articles
  topic: section
subject: public administration
  topic: keywords
subject: reform
  topic: keywords
subject: North Macedonia
  topic: keywords
subject: EU
  topic: keywords
creator: Ana Pavlovska Daneva
creator: Konstantin Bitrakov
rights: Copyright (c) 2025
date: 2025-10-15
publication date: 2025-10-15

SPECIALIZED BODIES OF THE COUNCIL OF EUROPE
type: item
description: The Council of Europe is a traditional intergovernmental organization. Its internal structure includes the Parliamentary Assembly, which is a consultative body of the Organization in which delegations from the member states' parliaments participate, and the Committee of Ministers, which is the only executive and decision-making body of the entire Organization. This is explicitly stated in the clause of Article 10 of the Statute of the Council of Europe, which lists only the Consultative Assembly and the Committee of Ministers as the Organization's basic organs. The Consultative Assembly, as its name suggests, has only advisory authority and, in a similar vein, forms the Organization's so-called parliamentary pillar. This is clearly stipulated in the provision of Article 10 of the Statute of the Council of Europe, where only the Committee of Ministers (which constitutes the so-called intergovernmental pillar of the Organization) and the Consultative Assembly are listed as the basic organs of the Organization, which, as evident from its title, has only advisory competence and which analogously forms the so-called parliamentary pillar of the Organization. This organizational structure of the Council of Europe is completed by the Congress of Local and Regional Authorities, which not coincidentally has the status of the third pillar of the Organization, as well as a series of special expert bodies, including the European Commission against Racism and Intolerance (ECRI) and the European Commission for Democracy through Law (known as the Venice Commission). The latter also includes the offices of the political officials of the Council of Europe, including the Secretary General of the Organization and the Commissioner for Human Rights. Analogous to the latter, it is quite clear that the generally known European Court of Human Rights – founded on the basis of the ECHR – is not an organ of the Council of Europe, as is the case with all the other independent expert bodies esta…
subject: Articles
  topic: section
subject: CoE
  topic: keywords
subject: Venice Commission
  topic: keywords
subject: ECRI
  topic: keywords
creator: Ardijana Stafai
rights: Copyright (c) 2025
date: 2025-10-14
publication date: 2025-10-14

CHALLENGES OF USING ARTIFICIAL INTELLIGENCE IN THE WORK OF PUBLIC ADMINISTRATION
type: item
description: In the paper, the author deals with the current issue of introducing artificial intelligence in the work of public administration, as a logical process of upgrading the digital transformation of public administration in a global framework. Starting from the fact that modern public administration is called upon to fulfil several key characteristics: to be efficient, transparent, inclusive, service-oriented, and above all, legally regulated. The author points out that the introduction of digital technologies, automated systems, artificial intelligence and interoperable databases can advance these goals. However, she points out that for the introduction of digital transformation and artificial intelligence in public administration, several assumptions need to be met: the existence of a clear political will for implementation; continuous development of the technical infrastructure; providing big data and interoperability at all levels; educated public servants and citizens to provide and use such services and of course on a clear, predictable and integrated legal framework.
subject: Articles
  topic: section
subject: digital transformation; artificial intelligence; public administration
  topic: keywords
creator: Anastazija Anastasovska Kostovska
rights: Copyright (c) 2025
date: 2025-10-14
publication date: 2025-10-14

THE DIFFERENCE BETWEEN DIGITAL EVIDENCE AND EVIDENCE IN DIGITAL FORM
type: item
description: At first glance, the two concepts—digital evidence and evidence in digital form—may seem synonymous. However, while all digital evidence can indeed be classified as evidence in digital form, not all evidence in digital form qualifies as digital evidence. This distinction leads to the conclusion that digital evidence constitutes a subset of evidence in digital form. Yet, even this conclusion is not entirely absolute, as for digital evidence to be admissible in judicial proceedings, it must satisfy specific prerequisites. These are not merely technical prerequisites—which fall outside the scope of this paper—but primarily legal prerequisites that determine whether “ordinary” digital records may be transformed into “admissible” digital evidence capable of serving as the basis for a court ruling. Digital evidence, as a specific category of evidence in digital form, is distinguished from other types of digital-form evidence by the presence of metadata, which serves to substantiate many of its inherent properties. In the absence of such metadata, digital evidence is reduced to mere evidence in digital form, lacking the distinctive qualities that render it probative and admissible. Metadata is often described as “data about data.” These are digital records which, although sometimes invisible or, if visible, incomprehensible to the ordinary user of information technology, provide the unique “fingerprint” of a digital record. Much like a fingerprint left on a physical piece of evidence, metadata authenticates and preserves the integrity of the digital record. Without such a “fingerprint,” one might say that “the glass is shattered on the floor, but it cannot be determined which of those present threw it.” Metadata thus constitutes the DNA of a digital record. Although technical in its essence, metadata is not merely a technical concept. It also functions as a legal category, explicitly addressed in numerous legal instruments regulating the collection of digital evidence, whi…
subject: Articles
  topic: section
subject: digital evidence; evidence in digital form; metadata; digital forensics
  topic: keywords
creator: Dragi Rashkovski
creator: Veronika Rashkovska
rights: Copyright (c) 2025
date: 2025-10-14
publication date: 2025-10-14

ANALYSIS OF THE LEGAL STATUS OF THE MACEDONIAN ORTHODOX CHURCH (ARCHDIOCESE OF OHRID) AND THE CATHOLIC CHURCH AND THEIR RELATION TO THE STATE
type: item
description: The main aim of this article is to examine the legal framework of the Christian Churches in contemporary Macedonian society, with a special focus on the Macedonian Orthodox Church - Archdiocese of Ohrid and the Catholic Church. Applied methods: historical, normative, comparative. Several conclusions are presented, concerning the importance of the dialogue between Christian Churches and the state in historical and modern national and international context.
subject: Articles
  topic: section
subject: Macedonian Orthodox Church - Archdiocese of OhridCatholic Church
  topic: keywords
subject: Catholic Church
  topic: keywords
subject: relations
  topic: keywords
creator: Goce Naumovski
creator: Ivanka Vasilevska
creator: Stefan Andonovski
rights: Copyright (c) 2025
date: 2025-10-14
publication date: 2025-10-14

CONSTRUCTIVIST ASPECTS OF THE UN SECURITY COUNCIL’S PERMANENT MEMBERS’ CONDUCT: THE CASE OF FRANCE AND THE UNITED KINGDOM
type: item
description: While all five permanent members (P5) of the UN Security Council (UNSC) have the same statutory rights and privileges, not all of them use these rights and privileges in the same way. These differences cannot be explained solely by the differences in material factors between the P5 – the differences in power or wealth – as realist theories in IR would claim, but the explanation should involve the ideational factors behind them as well, as constructivist theories in IR would argue. This paper deals with the main constructivist aspects – the ideas, identities, norms, beliefs – of the behavior in and around the UNSC of two permanent members – France and the United Kingdom (UK). These two countries have many similarities in their positions and behavior in the Council, which are mainly expressed in these two countries being pro-active in the UNSC and in advocating for a proactive UNSC in accordance with its responsibilities; in their non-use of their veto in the UNSC; and in their pledges to reform the UNSC, especially the use of the veto by the permanent members in cases of mass atrocities. There are also some differences between France and the UK, stemming mainly from the different identities they build and present for themselves on the international scene and the role of their countries in international politics, related to the importance of Africa for France; to their different relationships with the USA; and their different relationships with the EU.
subject: Articles
  topic: section
subject: UN Security Council; France; United Kingdom (UK); international peace and security; constructivism
  topic: keywords
creator: Ljupco Stojkovski
rights: Copyright (c) 2025
date: 2025-10-14
publication date: 2025-10-14

MONEY LAUNDERING, PREDICATE OFFENCES AND PROFESSIONAL MONEY LAUNDERING PERPETRATORS
type: item
description: Money laundering is a serious offence mostly connected to organized crime that undermines financial integrity and markets, and erodes public trust in institutions. Money laundering is a process of converting or infiltrating the proceeds of illegal activities into legal businesses, without revealing their true source in order to obtain full legality of these proceeds at the end of this complex process. There are three basic phases (stages) of money laundering detected in the practice: placement, layering and integration. Namely, the illegally obtained money normally is a product of criminal offences known in the criminal law theory as predicate offences. These are the offences preceding the money laundering process. The issue of predicate offences is closely addressed in the 6th AML EU Directive elaborated in the article. The relevant Macedonian anti money laundering (AML) legislation consists of many provisions of different laws, of which most important are the Criminal Code provision of Money Laundering and the Law on Prevention of Money Laundering and Financing of Terrorism. However, the most recent practice turned the attention to specific category of perpetrators of money laundering, called professional money launderers (PMLs): attorneys, notaries, accountants etc. By misusing their powers they might assists the criminals in covering the origin of their assets or simply assisting by omission, by not reporting the suspicious cases and clients and by not check the origin of the assets when obliged by law.
subject: Articles
  topic: section
subject: money laundering, predicate offence, PMLs, attorney, notary, accountant
  topic: keywords
creator: Aleksandra Deanoska Trendafilova
rights: Copyright (c) 2025
date: 2025-10-14
publication date: 2025-10-14

THE NATIONAL IDENTITY NARRATIVE IN THE RELATIONSHIP BETWEEN THE MEMBER STATES FROM CENTRAL AND EASTERN EUROPE AND THE EUROPEAN UNION: A RECENT CASE LAW ANALYSIS
type: item
description: This paper explores the argument surrounding protection of national identity which in recent years has underpinned the relationship between the European Union and some of the Member States from the region of Central and Eastern Europe, particularly Hungary, Poland and the Czech Republic. It relates to cases where national governments (as well as other institutions at the national level such as national courts) invoke the ‘national identity’ clause of Article 4(2) of the Treaty on European Union, concerning the EU’s duty to respect the national identities of its Member States, in order to derogate from rules and principles of EU law and justify actions at the national level that run counter to them (most notably, those related to compromising judicial independence, the rule of law, and democratic values). The analysis in the paper centers on Poland and the developments in this country as a pertinent case in point through which the practical applications of the ‘national identity’ clause are analysed, bringing into focus some more recent cases before the EU Court of Justice and the Polish Constitutional Tribunal. Equally, the paper reflects on the scope and breadth of the ‘national identity’ plea, inspecting the limits of a Member State’s discretion to employ national identity arguments in order to derogate from the primacy of EU legal rules and principles. Lastly, the paper also addresses the existence of a sometimesfluid dividing line between legitimate use and misuse (or abuse) of ‘national identity’ claims by Member States, whereby the ‘national identity’ arguments are being used as a pretext rather than an actual justification for contravening actions and practices.
subject: Articles
  topic: section
subject: EU
  topic: keywords
subject: National Identity
  topic: keywords
subject: North Macedonia
  topic: keywords
creator: Ilina Cenevska
rights: Copyright (c) 2025
date: 2025-10-14
publication date: 2025-10-14

CONFLICTING CONNECTIVITIES: LEGAL CONSIDERATIONS FOR NEGOTIATING GEOTECHNOLOGICAL RIVALRY
type: item
description: Among the dramatic global shifts of recent years, the sharpening of geopolitical rivalries between major powers – chiefly the United States and China – has particular significance for third countries and their legal systems. This rivalry has a prominent ‘geotechnological’ dimension, as major powers compete to build power through technological innovation, standardisation and diffusion while also securitising their domestic technology sectors against perceived threats from abroad. In this context, the ‘connectivity’ initiatives of major powers such as China, the United States and the European Union - which aim to build economic and other links with third countries - compete and even conflict. Under the pressures of trade war and actual war, an emergent global shift may be underway in the consolidation of rival geotechnological blocs. Indications of such a shift include hard legal tools such as trade barriers and the legislation of economic security mechanisms but also the creation of incentives for economic and technological collaboration within informal clubs of likeminded countries. These hard and soft tools amount to building blocks for ‘walled garden’ connectivity projects that run on incompatible operating systems. These developments create challenges for third countries and especially for the majority of states which rely on transnational investment and technology transfer for the further development of their economies and living standards. Even if not forced to ‘choose’ between competing blocs, these states face additional political, legal and economic frictions in their dealings with major powers. The challenge is particularly acute for the states of the Western Balkans, which remain outside the EU despite years or decades of ‘candidate’ status but which face the necessity of alignment with EU laws and policies as conditions of eventual EU membership. To varying degrees, the Western Balkan states have sourced investment and technology transfer from the EU and …
subject: Articles
  topic: section
subject: legal pluralism; technology; international economic law; connectivity
  topic: keywords
creator: Stephen Minas
rights: Copyright (c) 2025
date: 2025-05-26
publication date: 2025-05-26

ALTERNATIVE SENTENCES TO IMPRISONMENT AN OPPORTUNITY FOR JUVENILE INTEGRATION
type: item
description: Alternative sentences constitute a very important component in the context of the standarts of juvenile criminal justice. The Albanian legislation in this field has undergone positive developments responding to the needs for reforms for the purpose of its approximation with international standarts. Thus, it has undertaken a legal reform in order to guarantee a modern system of alternatives to imprisonment and to enable their application for juvenile offenders. Despite all of the changes, the reform has been incomplete in ensuring an efficient sytem of juvenile justice.This article addresses some aspects of the legal reform concerning the treatment of juvenile offenders, focusing on the system of alternative to imprisonment.
subject: Articles
  topic: section
creator: Jola Xhafo
rights: Copyright (c) 0
date: 2011-05-10
publication date: 2011-05-10

The Impact of Euro Atlantic Integration on Macedonian Business Environment: Can a Friendship be Measured with Numbers
type: item
description: The author of this paper is trying to give correlation between the economic growth and providing the legal certainty and rule of law as a standards asked form Macedonia to be fulfilled for their integration in Euro Atlantic Movement and European Union. Integration to the Euro Atlantic Alliance is involving very profound values, such as solidarity, rule of law, peace building etc. Those values are need in order to have vigorous society, which is precondition to have friendly business environment. The author of this paper is also underlining the methodological concerns for analysis of this kind.
subject: Articles
  topic: section
creator: Darko Spasevski
rights: Copyright (c) 0
date: 2017-03-08
publication date: 2017-03-08

TRENDS IN THE STATES RECOGNITION IN INTERNATIONAL PUBLIC LAW AND THE CASE OF MACEDONIA
type: item
description: The paper analyses the most recent trends in the international public law in relation to the institute of STATES RECOGNITION, which is particularly up-dated with the European experiences in recognizing the states that have been created following the dissolution of the socialist federations in Eastern Europe. The problem of recognition of the Republic of Macedonia, as a rare precedent in setting "standards", will be a sub-context thereof. This is the very basis of some possible conclusions (further in the text) influencing the previously mentioned trend, which are also broadened to include the UN` legal practice from the aspect of "interpreting" the UN Charter concerning the issue of admitting new member states.
subject: Articles
  topic: section
creator: Ljubomir Danilov Frchkoski
rights: Copyright (c) 0
date: 2013-03-06
publication date: 2013-03-06

THE IMPACT OF THE EU’S DIRECTIVE 2012/29/EU ON ESTABLISHING MINIMUM STANDARDS ON THE RIGHTS, SUPPORT AND PROTECTION OF VICTIMS OF CRIME TO THE MACEDONIAN CRIMINAL PROCEDURE
type: item
description: The authors of the paper discuss the compliance of the Macedonian criminal justice system with EU’s Directive 2012/29/EU on establishing minimum standards on the rights, support and protection of victims of crime. The purpose of this Directive is to establish minimum standards for ensuring that the victims of crime receive appropriate information, support and protection and whether they are able to participate in the criminal proceedings. In this fashion it is recommended to the member states to ensure that victims are recognized and treated in a respectful, sensitive, tailored, professional and non-discriminatory manner including specific guarantees when the victim is a child. Furthermore, any treatment of the child victim should take into account its best interests and shall be approached on an individual basis, considering the child's age, maturity, views, needs and concerns. Moreover, the authors are scrutinizing whether these standards are properly incorporated into the Law on Criminal Procedure and they provide substantial recommendations for additional changes and amendments to the law in order to achieve the abovementioned criteria into Macedonian national law.
subject: Articles
  topic: section
creator: Boban Misoski
creator: Divna Ilikj Dimoski
rights: Copyright (c) 0
date: 2019-05-31
publication date: 2019-05-31

TAXATION IN ERA OF GLOBALIZATION AND DIGITALIZATION Issues and Challenges on National Tax Sovereignty
type: item
description: For many years globalization and digitalization resulted in the internationalization of the world economy creating a number of possibilities for taxpayers, mainly legal entities. In such circumstances, companies have managed to incorporate a network of permanent establishments worldwide, while countries have benefited from the transfer of goods, services, assets, human capital, knowledge and technological innovations. For more than two decades this was perceived as a "win-win" situation, until multinational companies have become more inventive in finding methods to maximize profits, on one hand, and minimize taxes, on the other hand. Therefore, globalization and digitalization, differences in tax systems and territorial limitation of national tax sovereignty, have reshaped the international tax landscape. As a result, countries have been facing disrupted market fair play rules, the unreasonable competitive advantage of certain companies, distortion of tax systems and, perhaps most importantly, significant tax revenue losses. International organizations, such as OECD, EU and G20, have recognized the necessity for a systematic approach to efficiently fight tax avoidance, aggressive tax planning, transfer pricing and thin capitalization, to improve the coherence of international tax rules and ensure a more transparent tax environment. Currently, more than 135 tax jurisdictions are collaborating, by implementing the proposed measures and minimum standards in their national tax legislation, to at least reduce to the lowest possible level all the strategies that represent harmful tax practices, base erosion, and profit shifting to countries with more favourable tax systems, tax treaty abuse, and exploiting gaps and mismatches in tax rules to avoid paying taxes in the country where the economic activity is performed and where the profit is generated. Implementation and transplantation of such actions into the national legislation require political will and governmental det…
subject: Articles
  topic: section
creator: Elena Neshovska Kjoseva
rights: Copyright (c) 0
date: 2021-05-01
publication date: 2021-05-01

HERMENEUTICS OF THE MIGRATION CRISIS
type: item
description: In the following pages, I will try to examine how and why do juridical and political decisions on life and death of others incorporated as refugees in our contemporary times produce disposable lives, that are not recognized as worth living, and death that is not worth mourning and by that is death of the nameless multitude of corpses. The violent site of Fortress Europe is making even more tragic the biggest migration crisis after the World War II, and now the refugees who reach the soil of Europe are not in space common to others. When we analyze the ongoing crisis as an inner crisis of the subject, we are witnessing not only the techniques of dehumanization and desubjectivation, but even more – of desingularization.
subject: Articles
  topic: section
creator: Viki Mladenova
rights: Copyright (c) 2025
date: 2018-09-08
publication date: 2018-09-08

http://www.philologicalstudies.org/index.php/iplr/article/view/3748
type: item
title: AREAS IN THE CODE OF CRIMINAL PROCEDURE OF REPUBLIC OF MACEDONIA REQUIRING IMPROVEMENTS FOR PURPOSES OF HARMONIZATION WITH THE JURISPRUDENCE OF THE ECtHR WITH REGARDS TO THE APPLICATION OF THE DETENTION MEASURE
description: The ECtHR has so far brought a number of judgments against Macedonia finding violation of Article 5 of the ECHR. Although in most of these cases the violation derives and refers to the imposition, i.e. continuation of detention as a measure securing presence in a criminal proceeding, it should be noted that this is not the case with all judgments of the ECtHR finding violations of Article 5 of the ECHR. Still, this analysis shall focus exclusively on the group of judgments where the ECHR violation derives from circumstances relating to detention as a measure to secure presence in the criminal procedure. Moreover, the issues referring to the detention and the manner in which this measure is imposed and continued, in the light of the jurisprudence of the ECtHR, may also have some issues in common with other articles of the ECHR, such as Article 6 of the ECHR which guarantees the right to fair trial including the presumption of innocence.
subject: Articles
  topic: section
creator: Konstadin Bogdanov
rights: Copyright (c) 0
date: 2018-09-05
publication date: 2018-09-05

PHENOMENOLOGY OF CHILD DELINQUENCY IN MACEDONIA IN THE PERIOD FROM 2006 TO 2016
type: item
description: In this article, we made an effort to conduct statistical analysis of the phenomenology of child delinquency within the 10 – year period from 2006 to 2016 in order to see which type of criminality is most common for child delinquency. Firstly, we cross-up the data for the number of reported, charged and convicted children for crimes in the period of 2006 to 2016. This is especially important because not always the reported number of children corresponds with the number of charged and even less with the number of convicted children. This is because the measures that provide assistance and protection and other alternatives that the prosecutor has as an option in deciding whether to initiate a procedure significantly reduces the number of accused children in relation to the number of reported cases. From the analysis and comparison of the data, we can conclude that the phenomenology of child delinquency in Macedonia in the relevant period from 2006 to 2016 is mainly in the area of ​​crime against property with the highest percentage of both reported, accused and convicted for each of the years in this period. Next, we presented the total number of convicted children in the period of 10 years, according to the type of crime and we gave general remarks for child delinquency for the relevant period and recommendations for best preventive policy.
subject: Articles
  topic: section
creator: Gordana Lazetic Гордана Лажетиќ
creator: Lazar Nanev Лазар Нанев
creator: Olga Kosevaliska Олга Косевалиска
rights: Copyright (c) 2025 Iustinianus Primus Law Review
date: 2018-09-04
publication date: 2018-09-04

PROCEDURAL LEGAL STANDING (LEGITIMATIO AD PROCESSUM)
type: item
description: The procedural legal standing (legitimatio ad processum) in the continental procedural systems is not standardized legal institute of the civil procedural law, so it is a creation of the theory of the civil procedural law and judiciary. The legal gap of the institute procedural legal standing makes this institute a real enigma of the modern civil procedural law. This thesis is due to the fact that the legal standing is narrower institute from the legal interest, and a broader institute from the substantive legal standing (legitimatio ad causam). That &#39;s why it is a real challenge is to answer the question does the procedural legal standing has its own independent process function vis-à-vis the legal interest and substantive legal standing (legitimatio ad causam), and what is the technique for its determination?
subject: Articles
  topic: section
creator: Dijana Gorgieva Дијана Горгиева
creator: Zorica Stoileva Зорица Стоилева
rights: Copyright (c) 2025 Iustinianus Primus Law Review
date: 2018-09-03
publication date: 2018-09-03

CONSTITUTIONAL JUSTICE IN THE REPUBLIC OF MACEDONIA MACEDONIAN CONSTITUTIONAL COURT - LEGAL SYMPHONY OR LEGAL CACOPHONY?
type: item
description: The constitutional justice is an exceptionally important category in every democratic legal system. Through the capacity and the quality of protection of the constitutional justice, the state is valued, among the other things, to which extend it respects the rule of the law, and how committed it is to the realization of the European standards in the legal system. The supremacy of the constitution, as well as the respect for the hierarchy of the legal acts, both domestic and international, is a key precondition for the existence of the constitutional justice in the state. And not by chance, the constitutional justice is one of the main ingredients in the rule of the law. By limiting the legislative and the executive government, as Mauro Cappelletti would say, the constitutional judiciary &quot;puts the crown on the rule of law”. 2
subject: Articles
  topic: section
creator: Tanja Karakamisheva Jovanovska Тања Каракамишева Јовановска
rights: Copyright (c) 2025 Iustinianus Primus Law Review
date: 2018-09-06
publication date: 2018-09-06

BEYOND PARALLEL DEMOCRACY?
type: item
description: In ethnically divided political systems, the election campaign and ethnic tensions usually has a strong mutual connection. However, although election campaigns could provoke tensions (which usually does) their intensity, or at least their visibility in successive election cycles is on a different scale. From a theoretical perspective, the occurrence of tensions during elections in ethnically divided societies is not a controversial process. Based on past experience, ethnic tensions could be predicted in a political system composed entirely or partially from ethnically defined political parties, as a process usually accompanied with common allegations from both sides of the ethnic barrier for the responsibility of its emergence. Although, usually the both sides has their share in intensification of ethnic disputes during elections, it could be not neglected, that depending on observed election period in general, one side is more persistent in amplification on its ethnic agenda, than the other. The favorable public attitude on different pre- election policies and election programs, especially concerning ethnic provisions, is of a paramount importance for the campaign decisions made by the ethnic political elites, who are hardly ever prepared of pursuing the unfavorable (among its own ethnicity) political solutions which can endanger their popularity, and more important, that could not ensure new votes. Therefore, the election campaigns of political parties in divided societies are mainly based on attitudes which could ensure immediate inclusion among its own ethnic group, especially from the so called “extreme voters.” This part of the electorate is easier to be attracted with profoundly elaborated ethnic agenda, especially if a party is faced with downfall support or it is not included in the Government (opposition party). Those pre-election agendas are easier and more exploited by the parties, than the creation of an ethnically exclusive, but inter-ethnically inclus…
subject: Articles
  topic: section
creator: Vladimir Bozinovski Владимир Вожиновски
rights: Copyright (c) 2025 Iustinianus Primus Law Review
date: 2018-09-07
publication date: 2018-09-07

SPECIAL FEATURES OF ROMAN SERVITUDES
type: item
description: The main goal of this article is to present the position, as well as the some of the most important characteristics of the roman servitudes. Having on mind the fact that they can be related to the modern types of servitudes, this article gives a detailed explanation of the ancient roman jurists’ idea how to incorporate the servitudes in the system of the property law. Therefore in this occasion are especially noted the similarities as well as differences between the property-legal institutes, and main principles of Roman servitudes.
subject: Articles
  topic: section
creator: Esin Kranli Bajram Есин Кранли Бајрам
rights: Copyright (c) 2025 Iustinianus Primus Law Review
date: 2018-09-09
publication date: 2018-09-09

ENFORCEMENT TITLES AS GROUND FOR ENFORCEMENT IN MACEDONIAN LAW
type: item
description: This article analyzes the enforcement titles as ground for enforcement procedure in Macedonian law. Without existence of an enforcement title, no forcible enforcement can be carried out (nulla executio sine titulo). Due to the character of the enforcement proceedings and the coercive nature of the actions and activities that are carried out in order of realization of a particular monetary or non-monetary claim, the existence of the claim that should be collected in the proceedings for forcible execution must be determined by a certain qualified title. The enforcement title (titulus executionis) is a public document that determines the existence of the claim, its due, and the identification of the parties in the enforcement proceedings in an authoritative and certain manner. According to Macedonian law enforcement titles are the following: an enforceable court decision and court settlement, an enforceable decision and settlement in an administrative procedure if designated for fulfillment of a monetary claim, an enforceable notary public title, a conclusion of the enforcement agent determining the enforcement costs, a decision for issuing a notarial payment order and other title considered under the law as enforcement title including the assumptions and conditions for each executive title. In addition, this article also elaborates the role of the enforcement agents in the enforcement procedure from the aspect of their competencies related to enforcement titles. For this purpose, the article presents the conditions for appointment of an enforcement agent, their authorities and duties according to the Law on Enforcement of the Republic of Macedonia. Enforcement titles actually guarantee safe and complete fulfillment of the creditor&#39;s claim. Therefore, in the legal system, it is particularly important to have enforcement titles that will authoritatively determine the creditor&#39;s claim.
subject: Articles
  topic: section
creator: Aneta Boshkovska Анета Бошковска
rights: Copyright (c) 2025 Iustinianus Primus Law Review
date: 2018-09-02
publication date: 2018-09-02

MODIFICATIONS OF LEGAL TRANSACTIONS
type: item
description: The paper examines the various types of modifications of legal transactions such as conditions, terms and special stipulations. Conditions as future and uncertain circumstances have various effects on the legal transaction depending on the type of condition (suspensive (precedent) or resolutive (consequent), positive or negative, causal, potestative or combined). The effect of the conditions also differ in different points in time such as the time before the fulfillment of the condition, the time after the fulfillment of the condition and the time when it becomes certain that the condition won’t be fulfilled. All such effects are presented and analyzed in the paper. Terms, unlike conditions, are certain and determined periods of time that suspend or terminate the legal transaction. The paper analyzes the legal effect of terms over legal transactions and to what extent the provisions of the Law of Obligations regulating conditions are applicable to terms. The question of computation of terms is also being analyzed as one of the important aspects of their fulfillment. Special stipulations as duties directed to one of the parties in a legal transaction are analyzed throughout the scope of the two general laws – the Law on Obligations and the Inheritance Law.
subject: Articles
  topic: section
creator: Rodna Zivkovska Родна Живковска
creator: Tina Przeska Тина Пржеска
rights: Copyright (c) 2025 Iustinianus Primus Law Review
date: 2018-09-01
publication date: 2018-09-01

THE OTTOMAN EMPIRE IN THE ERA OF THE REVOLUTIONARY TRANSFORMATION OF THE ANCIENT EUROPEAN SOCIETY
type: item
description: The Ottoman Empire held the world stage for a period spanning more than seven centuries. Its greatness influenced and is still reflecting in the world history, particularly in the Southeast Europe. For the period which is object of our interest, it is important to underline the fact that great impact upon the decline was caused by the new revolutionary ideologies from the West and Russian empire from the East. The pulses coming from Russia with its hidden intensity of differences on religious ground, basically caused disturbances in the Empire which ended with a many treaties in the name of the promised “peace”, which of course, did not last long enough. During the 19th century within the enflamed passions of the Western European countries, the Ottoman Empire with its power and dimension did not manage to lead the political scene. The fluctuating alliances resulted in the empires “longest” century. Under the influences of the Great Powers the process of disintegration became unstoppable. The national revolutions within the Empire became more visible and effective by decade and new national states spawned in the Balkan Peninsula. Facing the new waves from the West influencing the national movements based on liberal – democratic ideals, the Empire felt the need of certain reform’s in an attempt to stabilize the political order, desperately trying to adapt its ancient heritage to a new, modern era.
subject: Articles
  topic: section
creator: Ivanka D. Vasilevska Иванка Д. Василевска
rights: Copyright (c) 2025 Iustinianus Primus Law Review
date: 2018-03-13
publication date: 2018-03-13

HOW THE SEATS ARE ALLOCATED IN THE ELECTORAL CONSTITUENCIES?
type: item
description: The process of allocation of seats to constituencies1 in every country is usually defined as a process of translating votes into seats. The process itself requires protection of the principle of equality (equal weight of votes) and equal distribution of seats among the constituencies in a stable and standard ratio, according to several criteria such as, the number of resident nationals (including minors), the number of residents in the constituencies, the number of registered electors/ the number of registered voters in the electoral lists. When the allocation of seats among constituencies is presumed as quite divergent from the objective ratio, than the equal weight of votes (equal suffrage) is not maintained, but it is often prescribed as a breach. The result of such inequalities of representation is usually referred to in the electoral practice as gerrymandering, electoral geometry (in its “active”2 and “passive”3 form) or as mallaportionment4 . Robert Dahl once argued that ‘one-person-one-vote principle’ is inevitable condition for democracy and in a perfectly apportioned system every vote of the citizen should weigh equally. However, gerrymandering and malapportionment are common features of democracies at present. There are only a few lower chambers in the world that satisfies Dahl’s criterion. In other words, lower chambers are typically malapportioned. The paper is explaining not only the constituencies as an electoral mechanism to translate votes into seats, but also all the shortcomings which are produced in the elections as a result of an active and passive electoral geometry which have caused malapportionment and electoral inequality.
subject: Articles
  topic: section
creator: Tanja Karakamisheva Jovanovska Тања Каракамишева Јовановска
rights: Copyright (c) 2025 Iustinianus Primus Law Review
date: 2018-03-12
publication date: 2018-03-12

THE LEGAL STATUS OF THE REGULATORY BODIES/AGENCIES IN THE REPUBLIC OF MACEDONIA
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description: It is evident that the number of regulatory bodies in the Republic of Macedonia since the 1990s has been continuously increasing. These authorities gain increasing importance and influence on the market economy and deregulation of a part of the state administrations’ activities. The main features of the regulatory bodies include specialisation, professionalism, political neutrality, independence and organisation as central authorities. In a historic sense, they appear primarily due to the fact that the state administration should be scaled down. The scaling down means that the state administration should not perform those activities that can be conducted in a more proper, qualitative and effective way by other authorities, that is, bodies with public authorities. This way, the privatization and liberalization of the public sector is initiated. All this is due to the emergence of new public management whose basic principles are economy, efficiency, effectiveness, specialisation.
subject: Articles
  topic: section
creator: Ana Pavlovska Daneva Ана Павловска Данева
creator: Ivana Shumanovska Spasovska Ивана Шумановска Спасовска
creator: Elena Davitkovska Елена Давитковска
rights: Copyright (c) 2025 Iustinianus Primus Law Review
date: 2018-03-11
publication date: 2018-03-11

HATE SPEECH AND ITS DIRECT INFLUENCE ON SOCIAL STRATIFICATION OF INDIVIDUALS AND GROUPS
type: item
description: Hate speech is first and foremost a social and a cultural problem, as its legal regulation is encumbered by the complexity of determining its notion and the distinction between freedom of expression as a fundamental human right and basic democratic value of modern society, and hate speech as a negative phenomenon that must be subjected to penal measures and legal bans. This distinction should be drawn and fixed by criminal legislation in accordance with the European Convention on Human Rights, which generally and expressly regulates the relationship between freedom of expression and its restrictions (Article 10), as well as with the positions of the European Court of Human Rights on hate speech. 1 Hate speech is understood as an expression of hatred toward a particular group. It is used to offend a person on the basis of the racial, ethnic, religious or other affiliation of the said person. Such speech basically strives to condemn or dehumanize an individual or a group, or to express anger, hatred, violence, or contempt toward them. It conveys a message of inferiority of the members of the concerned group, and expresses condemnation, humiliation and excessive hatred. All racist, xenophobic, homophobic, and other related declensions of identity-attacking expression intrinsically fall under the notion of hate speech2 . Certain individuals and groups can express ideas of superiority of a particular race, religion, or nation with the intention of humiliating all those who do not belong to their "group" and call for persecution, isolation, and even genocide. In such cases, freedom of expression is interpreted too broadly and it turns into hate speech. 3 This paper analyzes the negative direct impact on the social division in our region, as well as its negative consequences on the destruction of human individual and morality, the destruction of human relations and the intensification of interethnic conflicts, etc. The paper also analyzes the main international documents a…
subject: Articles
  topic: section
creator: Biljana Paneva Parleeva Билјана Панева Парлеева
rights: Copyright (c) 2025 Iustinianus Primus Law Review
date: 2018-03-10
publication date: 2018-03-10

DETERMINING THE APPLICABLE LAW ON PRIVILEGES IN INTERNATIONAL COMMERCIAL ARBITRATION
type: item
description: International arbitration is rapidly becoming a preferred method for dispute settlement between commercial entities and is replacing the traditional methods of resolving disputes in front of state courts. As such, international arbitration develops in its own pace, slowly creating coherent rules suitable for efficient settlement of the complex disputes brought in front of the arbitral tribunals. Although there are a large number of specific practices that have emerged throughout the years, the question of privileges might be one of the last few issues that remain unresolved to this date. Parties increasingly rely and invoke privileges in proceedings to avail themselves from having to disclose certain documents, when faced with a request for document production from the opposite side. When raising privileges, parties will generally expect that the nature and the scope of privileges will be based on their domestic legal system. This reliance and expectation in fact represents the root of the problems that arise, since not all countries treat privileges in the same manner. Currently there is lack of guidance that would aid arbitrators in dealing with this issue and in determining the applicable law. In this paper we are going to give a brief introduction of privileges, defining the concept of privileges; the types of privileges that exist and which are most likely to arise in international arbitration and focus on the methods for determining the applicable law for privileges. At the end, we are going to propose a method which we believe would be most suitable for determining the applicable law on privileges and which would pave the way for uniform approach in dealing with privileges in the future.
subject: Articles
  topic: section
creator: Ljuben Kocev Љубен Коцев
rights: Copyright (c) 2025 Iustinianus Primus Law Review
date: 2018-03-09
publication date: 2018-03-09

EU SANCTIONS AND NON-PROLIFERATION OF NUCLEAR WEAPONS: THE CASE OF PRIVATE INDIVIDUALS CAUGHT IN THE CROSSHAIRS OF EU’S SANCTIONS POLICY
type: item
description: Sanctions are one of EU's tools to promote the objectives of the Common Foreign and Security Policy, namely, the furtherance of peace, democracy and the respect for the rule of law and human rights. The sanctions the EU adopts within the framework of its Common Foreign and Security Policy bear important legal consequences upon the human rights situation of the natural and legal persons affected. The paper follows a case study approach, focusing on the case of an Iranian doctoral student being denied residence in Germany as a result of the application of EU’s sanctions regime against Iran. The main aim is to examine the ways in which the protection of fundamental rights as one of the bedrocks of the EU legal order can be squared with the far-reaching restrictive effect of the EU-adopted sanctions.
subject: Articles
  topic: section
creator: Ilina Cenevska Илина Ценевска
rights: Copyright (c) 2025 Iustinianus Primus Law Review
date: 2018-03-08
publication date: 2018-03-08