Iustinianus Primus Faculty of Law
Permanent URI for this communityhttps://repository.ukim.mk/handle/20.500.12188/22
Browse
472 results
Search Results
- Some of the metrics are blocked by yourconsent settings
Item type:Publication, The "New" State Commission for Prevention of Corruption and Its Potential for Effective Prevention of Corruption(Здружение за кривично право и криминологија на Македонија, 2019) - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Државниот суверенитет и глобализацијата(Фондација „Фридрих Еберт“, канцеларија Скопје, 2011)Спасов, Александар Љ. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, The Peculium - a Legal Instrument for Business Ventures?(Fourth International Conference of the Balkan Association of Roman Law and Roman Legal Tradition. Book of Abstracts., 2019)Mucunski, Timcho - Some of the metrics are blocked by yourconsent settings
Item type:Publication, THE MISUSE OF THE LUSTRATION PROCESSES IN THE POST-COMMUNIST TRANSITIONS IN EUROPE(Ss. Cyril and Methodius University in Skopje - Iustinianus Primus Faculty of Law in Skopje - Iustinianus Primus Law Review, 2019)The fall of the Berlin Wall opened the gate to democracy for the post-communist countries in Europe. However, the road towards democracy in all post-communist countries in Europe proved to be very difficult. One of the main questions on the road towards democracy in these countries was the question what to do with the problematic communist totalitarian past: to forgive and forget or to punish and remember. Most of the post-communist countries in Europe decided to punish and remember their communist past. That is why 14 post-communist countries in Europe decided to implement the process of lustration in order to confront this communist past. Taking that into consideration, we can say that the lustration processes were frequently used in the process of facing the communist past in Europe. However, very often in theory is stressed out that the process of lustration is one the most controversial mechanism of transitional justice. Many authors warn that lustration hides the danger of political discredit and revenge. These types of claims during the post-communist transition have become reality in a several post-communist countries in Europe (Albania, Poland, Macedonia). In these post-communist countries the process of lustration was used as a weapon in the hands of the ruling political elites against their political opponents, a weapon that needed to strengthen the position of the ruling political parties and marginalize their political opponents. At the end, the process of lustration has had very negative impact at the democratic consolidation of these countries instead of a positive one. That is why the subject of this paper will be the way the lustration processes were misused in the post-communist countries in Europe. The main methods that are used are the following: method of analysis, historical, normative and political method. The overall conclusion is that the process of lustration was very often misused by creating lustration laws that covered positions in the private sector too, by creating lustration laws that covered periods after the fall of the communist regimes and by creating lustration laws that violated the basic human rights of lustrated individuals (the right to a fair trial, the right to respect of private and family life etc) - Some of the metrics are blocked by yourconsent settings
Item type:Publication, THE PARTICULARITIES OF THE POPULISM IN THE MACEDONIAN SOCIETY – PAST, PRESENT AND FUTURE TENDENCIES(Scientific Society for the History of Health Culture (SSHHC), 2019-12)The 1990s of the 20th century, brought the process of transition toward democracy and market economy in the Macedonian society. On such a path, Macedonian reality was fi lled with unpopular but necessary decisions by the Macedonian political elites. Such decisions led to disappointment with the transition process among the Macedonian citizens and contributed to the rise of right-wing populism in Macedonian society. The trigger point for such right-wing populism in Macedonia was the Greek veto for Macedonian membership in NATO in 2008. Starting from 2008 until 2017, under the button of ruling of the political elites led by VMRO-DPMNE and Nikola Gruevski, the Macedonian society was plagued by a huge wave of right-wing populism. By representing themselves as a voice of the people, VMRO-DPMNE started to create THEM (traitors) V.S US (pure people) dichotomy in the Macedonian society. Over the years, the content of the camp “them” (traitors) was constantly changing from one group to another. It started with ex-communist and transitional politicians, after that it switched to mainstream media and intellectuals, fi nishing in the end with NGO’s and foreign conspiracy forces. Throughout the years, the populist rule of VMRO-DPMNE was followed by “occupation” of the state, clientelism, discriminatory legalism and nationalistic rhetoric. All of this led to an authoritarian system and constant political crises in the Macedonian society. The biggest political crisis erupted in 2015 and led to a dramatic change of government in 2017. After 11 years, VMRO-DPMNE went in opposition and new government was formed. The new government led by SDSM and Zoran Zaev, in order to restore the European perspective entered in making tough and unpopular decisions. However, three years after the change of the government among Macedonian citizens there is again frustration with Macedonian politics. Such reality opens the possibility for a new rise of populism in Macedonian society. And if the Macedonian society is hit by a new wave of populism, then the question that arises is who will be the new captain of the Macedonian populist boat. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, THE MISUSE OF THE LUSTRATION PROCESSES IN THE POST-COMMUNIST TRANSITIONS IN EUROPE(Ss. Cyril and Methodius University in Skopje - Iustinianus Primus Faculty of Law in Skopje, 2019-11)The fall of the Berlin Wall opened the gate to democracy for the post-communist countries in Europe. However, the road towards democracy in all post-communist countries in Europe proved to be very difficult. One of the main questions on the road towards democracy in these countries was the question what to do with the problematic communist totalitarian past: to forgive and forget or to punish and remember. Most of the post-communist countries in Europe decided to punish and remember their communist past. That is why 14 post-communist countries in Europe decided to implement the process of lustration in order to confront this communist past. Taking that into consideration, we can say that the lustration processes were frequently used in the process of facing the communist past in Europe. However, very often in theory is stressed out that the process of lustration is one the most controversial mechanism of transitional justice. Many authors warn that lustration hides the danger of political discredit and revenge. These types of claims during the post-communist transition have become reality in a several post-communist countries in Europe (Albania, Poland, Macedonia). In these post-communist countries the process of lustration was used as a weapon in the hands of the ruling political elites against their political opponents, a weapon that needed to strengthen the position of the ruling political parties and marginalize their political opponents. At the end, the process of lustration has had very negative impact at the democratic consolidation of these countries instead of a positive one. That is why the subject of this paper will be the way the lustration processes were misused in the post-communist countries in Europe. The main methods that are used are the following: method of analysis, historical, normative and political method. The overall conclusion is that the process of lustration very often was misused by creating lustration laws that covered positions in the private sector too, by creating lustration laws that covered periods after the fall of the communist regimes and by creating lustration laws that violated the basic human rights of lustrated individuals (the right to a fair trial, the right to respect of private and family life etc). - Some of the metrics are blocked by yourconsent settings
Item type:Publication, THE INFLUENCE OF THE LUSTRATION PROCESSES ON THE POSTCOMMUNIST TRANSITIONS IN EUROPE(Institute of Public Administration, Croatia, 2019-10)The fall of the Berlin Wall opened the gate to democracy for the post-communist countries in Europe. However, the road towards democracy in all post-communist countries in Europe proved to be very difficult. One of the main questions concerning democracy was what to do with the problematic communist totalitarian past: to forgive and forget or to punish and remember. Most of the post-communist countries in Europe decided to punish and remember their communist past. That is why 14 countries in Europe decided to implement the process of lustration in order to confront with their communist past. There is a huge diversity in the way and the time lustration has been enforced. Some countries decided to implement this controversial mechanism immediately after the fall of the Berlin Wall, while others decided to do this many years after the beginning of transition. Some of them decided to ground the lustration processes on retributive justice while others decided to connect lustration with restorative justice. In addition to the diversity of manner and time lustration was enforced, there is a diversity of implementation effects. In some countries, lustration has improved democracy, but in others, it has split the county and had a negative impact on democracy. The paper deals with the manner and time of lustration in post-communist countries in Europe, and with the effects of implementation on democratic consolidation. The main methods used include analysis, historical, normative and political method. The conclusion is that although the process of lustration leaves plenty of space for manipulation, well-implemented and well-regulated lustration, following the recommendations of the Council of Europe, has had a positive impact on democratic consolidation of the post-communist countries. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, РЕЖИМОТ НА ДОЗВОЛЕНОСТ НА РЕВИЗИЈА ВО ПАРНИЧНАТА ПОСТАПКА СО ОСВРТ НА ПРАКТИКАТА НА ВРХОВНИОТ СУД НА РЕПУБЛИКА СЕВЕРНА МАКЕДОНИЈА(2019-10) - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Некои дилеми околу улогата на исказот / признанието на сообвинетите(Zdruzenie za krivicno pravo i kriminologija na Makedonija, 2017)Iliкј Dimoski, Divna /Misoski, Boban - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Англиското искуство со правото на молчење на обвинетиот во кривичната постапка(Zdruzenie za krivicno pravo i kriminologija na Makedonija, 2018)Ilikj Dimoski, DivnaАвторот на трудот се занимава со едно од најбазичните и воедно најважните права на обвинетите во кривичните постапки - правото на молчење – притоа, осврнувајќи се на една од неговите најкомплексни дилеми, а тоа е проблемот на извлекување на неповолни заклучоци од молчењето на обвинетиот, во смисла на користење на молчењето на обвинетиот во текот на постапката како доказ од кој што ќе се заклучи за фактичката состојба односно за вината. Имнено, често пати, ако на нормативното постоење на правото на молчење и неговото користење како легитимна тактика на одбрана се спротивстави неговото фактичко значење и последица во практиката, ќе произлезе дека молчењето е “контрапродуктивна” тактика, бидејќи ваквиот начин на одбрана, предизвикува уште поголема убеденост на органите на постапката во вината на обвинетиот. Оттука, авторот како посебно вреден за анализа го идвојува англискиот пример и ги елаборира измените на правото на молчење и начинот на кој е тоа уредено во Англија, со оглед на тоа што англиските нормативни решенија ја дозволуваат можноста молчењето на обвинетиот да се толкува на негова штета, притоа точно утврдувајќи под кои услови е тоа дозволено односно какви се правилата за извлекување неповолни заклучоци од молчењето на обвинетиот, како и ограничувањата од извлекувањето на неповолни заклучоци од молчењето. Авторот во трудот, воедно се осврнува и на некои од практичните аспекти и последици од измените на правото на молчење во Англија.