Iustinianus Primus Faculty of Law

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    The Legal Possition of Vulnarable Adults in the Republic of North Macedonia In-between the Authority of the State and the Family
    (Faculty of Philosophy – Skopje, 2025)
    Ignovska Elena
    For a long period, the family laws have been focused on children’s rights, in cluding their right to opinion in matters that concern them. Vulnerable adults have been usually represented by others, while their own autonomy neglect ed. This has changed internationally. Many European family-law scholars con sider the topic of empowerment of vulnerable adults as the most important one in the junction between Family Law and Law on Persons nowadays, espe cially if we have in mind that demographically Europe has an aging popula tion, hence more adults than children. However, there are very scarce discus sions on this topic in the Republic of North Macedonia, where the concepts of deprivation of legal capacity and guardianship are still a threat towards human rights of vulnerable adults. The threat is especially observed towards their equality rights (not to be discriminated against), private and family life rights (the right to make decisions about their own body, medical treatments, reproductive choices, conclusion of marriage, recognition of parenthood etc.), procedural rights (the right to access to court and administrative institutions, the right to express legally valid opinions in such proceedings), political rights (the right to vote) etc. The Convention on Rights of Persons with Disabilities (CRPD) has been signed and ratified by the Republic of North Macedonia, whereas the Hague Conven tion on the International Protection of the Adults has not been signed. The country took serious measures to implement the CRPD. However, there are many complaints by the CRPD Committee and by associations/organizations that protect rights of persons with disabilities about its full implementation, as well as Courts’ decisions confirming discrimination. The objective of this study is to locate possible human rights infringements for vulnerable adults as a matter of policy enshrined in the legal documents and to try to find better solutions for integrating vulnerable adults in the so ciety. The legal position of vulnerable adults in the country will be observed in light of the CRPD and comparatively. The final aim of the study is to shed light on the less represented by themselves and more represented by others in the country and to find modules to improve their legal position in the future.
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    CONCEPTUAL ANALYSIS OF MODERN EUROSCEPTICISM
    (Institute Of Economic Development And Social Researches Publications, 2024)
    ;
    Understanding euroscepticism goes beyond normative concerns about deepening European integration. It encompasses various aspects of political behavior, identities, public policies, democratic legitimacy, economy, ideology, and more. Euroscepticism is a complex and evolving phenomenon that lacks a universally accepted theoretical framework. Broadly, it denotes opposition to the European Union, whether in its entirety as a supranational entity or in its current structure, form, and political trajectory. Furthermore, euroscepticism manifests across the political spectrum, from left to right. Factors such as economic crises, fiscal policies, and the refugee crisis have intensified negative sentiments toward the EU among its populace. This environment has fostered the growth of eurosceptic parties and groups espousing populist and nationalist agendas. This study aims to delineate the contemporary dimensions of euroscepticism within the EU, following a review of the theoretical framework and essential conceptual clarifications related to euroscepticism. The results indicate that euroscepticism primarily revolves around concerns regarding sovereignty, identity, and the level of trust in national political systems. Additionally, euroscepticism correlates with the two significant crises that have challenged the EU and considerably tarnished its reputation: the economic crisis and the refugee crisis.
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    THE USE OF THE PRINCIPLE OF SUBSIDIARITY IN THE EU
    (ISARC INTERNATIONAL SCIENCE AND ART RESEARCH CENTER, 2024)
    Milena Apostolovska-Stepanoska
    ;
    Since the inception of the international human rights ("IHR") framework, the principle of subsidiarity has served as a cornerstone of its organizational structure. At its core, subsidiarity asserts that IHR norms are most effectively implemented at the lowest feasible level of national authority. Hence, prior to a supranational or multinational body intervening in a human rights case on a global scale, it is incumbent upon them to ensure that the primary responsibility for addressing the pertinent violation lies with the state concerned. Moreover, subsidiarity dictates that the domestic government should be afforded the optimal opportunity to devise corrective measures even after supranational authorities have investigated or adjudicated on a human rights issue. The significance of the principle of subsidiarity within IHR law can be analyzed from various perspectives. Firstly, regarding its applicability, it's recognized that adherence to decisions made by international bodies with binding authority on human rights cannot be compelled solely through subsidiarity. Thus, within the international framework, the execution of judgments from non-enforcement institutions relies on the coherence of national authorities and their utilization of policing functions to enforce IHR legislation. Moreover, a crucial rationale behind subsidiarity is that domestic authorities are better positioned to serve the objectives of IHR content and implementation accurately and effectively in the event of violations. They possess more expertise than international officials in addressing issues within their own borders. Despite IHR legislation being considered universal, subsidiarity acknowledges that each country maintains sovereignty over incidents within its territory. This recognition underscores respect for national sovereignty. The main aim of this research is to present a critical point of view over the use of the principle of subsidiarity in the EU.
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    E-COMMERCE DEVELOPMENT DURING THE COVID-19 PANDEMIC: THE MACEDONIAN CASE
    (Belgrade Business and Arts Academy of Applied Studies, 2022)
    Aneta Stojanovska-Stefanova
    ;
    Marija Magdincheva-Shopova
    ;
    Hristina Runcheva Tasev
    ;
    Milena Apostolovska Stepanoska
    Abstract: In general, coronavirus has changed the way individuals, companies and countries in general have functioned so far. The pandemic left consequences in almost all segments of social life, and the reduced turnover of companies was a motive for digitalization of services. Many companies and institutions that in the past weren’t providing services electronically began to use alternative ways to offer their products and services online. The paper will present the authors' research on online shopping made during the 2020 pandemic, and will provide an overview of the challenges facing ecommerce development and will offer adequate conclusions that may be applicable in the future. Macedonians, according to the official data available from the National Bank, in the first six months of 2020 made a turnover of 4.3 billion denars with payment cards in domestic online stores, which is an increase of 113% compared to the first six months of 2019. According to the official data, in June 2020 there were 1,223 virtual points of sale, i.e. eshops, which is an increase of 20% compared to December 2019. These data as well as the findings of the authors in their research confirm the basic hypothesis that the crisis caused by Covid-19 had a positive impact on the development of e-commerce in our country.
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    REPUBLICANISM: ROMAN RES PUBLICA AS AN INSPIRING CONCEPT FOR THE WESTERN CONSTITUTIONAL THOUGHT
    (IKSAD Yayınevi – 2021, 2021-10)
    Runcheva Tasev, Hristina
    ;
    Stojanovska-Stefanova, Aneta
    The paper aims to present republicanism as an inspiring democratic idea, advocated and passionately defended by famous philosophers and thinkers, from the founding of the Roman res publica to the present day. Namely, the authors refer to the concept of res publica in ancient Rome and its two meanings: the first meaning is in the context of a political system, political community, i.e. its separation of powers, while the second meaning is related to the time period of Roman history in which there was a new social and political order. The revival of republicanism occurs with the specific development of Italian cities in the late 11th century. The Roman republican ideal has strongly influenced the early modern philosophical thought of Machiavelli, Harrington, Locke, and Montesquieu, and thus exerted a significant influence on the foundations of modern political thought as well as on the basic postulates of Western constitutional law. The authors refer to republicanism as a concept that is inextricably linked to democracy and constitutionalism, but also to freedom as a bearing pillar of republican societies. In their concluding remarks, the authors claim that Republicanism has undoubtedly exerted a significant influence on the foundations of modern political thought, as well as on the basic postulates of Western constitutional law.
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    “EU Western Balkan strategy: enlargement perspective or unrealistic expectations”
    (St. Kliment Ohridski University Press, Sofia, 2018)
    Runcheva Tasev, Hristina
    The much-awaited Western Balkans Strategy entitled “A credible enlargement perspective for and enhanced EU engagement with the Western Balkans” comes eighteen years after the introduction of the Stabilisation and Association Process for this region. The Strategy aims to provide a credible enlargement perspective for the Western Balkans besides the fact that still the candidate countries are far from membership. The paper gives critical explication of what “credibility of enlargement” actually means in practice and if there is a realistic perspective for membership of the candidate countries of the Western Balkans by the projected year 2025. There is a disagreement among the EU foreign ministers over the projected year of integration, but the front-runners according to the Commission's assessment are Serbia and Montenegro, while Albania, Bosnia, Kosovo and Macedonia could join later. The Strategy does not leave a lot of space for optimism because it detects the key issues that have to be targeted, such as poor rule of law performance, organized crime and corruption at all levels of government and administration, etc. Besides that, it emphasizes on the non-functioning market economy among “Western Balkan Six”. And last but not least is the key issue of adopting binding solutions for bilateral disputes prior to their accession, which means that the Greek-Macedonian name dispute should be solved before the accession, without offering involvement of any EU Member States. The Strategy fails to address the idea of grouping countries of the Western Balkans as a whole and offering a package for membership, but instead, it favors individual accession of countries. Besides the good opportunity for the Balkans, the Strategy does not spread much optimism for the region.
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    Arbitratbility of Defamation Disputes: Expanding the Boundaries of Arbitrability in Macedonia
    (Permanent Arbitration at the Chamber of Commerce and Industry of Serbia, 2017-10)
    Deskoski, Toni
    ;
    Dokovski, Vangel
    The objective arbitrability, which determines the range of arbitrable disputes, is set up by mandatory rules of private international law. Such disputes are in the field of bankruptcy, family law and criminal law. Each state decides which matters may or may not be resolved by arbitration with its own political, social and economic policy. The legislators and courts in each country must balance between the domestic importance of reserving matters of public interest to the courts against the more general public interest in promoting trade and commerce and the settlement of disputes. The authors are emphasizing that until 2012, defamation and insult were provided as criminal acts under the Criminal Law of Macedonia. In such a situation, the issue whether a statement of a person constituted defamation or an insult, was not arbitrable. However, the types of damages that could be awarded to the injured person, and their amount, were an arbitrable issue. In 2012 defamation and insult were repealed from the Criminal Law, and a new Law on civil law liability for defamation and insult was enacted. Thus, the issues of liability and compensation arising from insult or defamation are arbitrable.
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    THE ENLIGHTENED ABSOLUTISM IN WESTERN EUROPE SOCIETY
    (Универзитет "Гоце Делчев", Правен факултет, Штип, 2020-09-03)
    Vasilevska, Ivanka Ivanovski, Sinisa
    Enlightened absolutism represents a state policy which is implemented by the European forces in the duration of the 18th century. The chronological line of the enlightened absolutism covers the period of almost a half of century, from 1740 until 1789 i.e. to the start of the French revolution. The enlightened absolutism is a movement within the absolutism which follows after autocracy (fascism) and precedes the despotism. As founder and ideologist of the Enlightened absolutism is considered Thomas Hobbes with his master piece the Leviathan. The Leviathan according to Hobbes is a sovereign state power (the best form for him is absolute monarchy), which is needed in order to compel people of their obligations. The philosophy of this policy amounts to postulate which stipulates that the social reforms are possible but only through the state and for the state, this phenomena are social expression of the state interest and the state is the only possible protector of fundamental rights and freedoms of the man and the citizen is the state. In other words, according to the Enlightened absolutists (adherents of the absolute monarchy) ‘welfare in society “is possible only and only through the state and the regime that was established by the same. Because of all above mention, our interest in this paper is to explain the basic goal of the ideas of the enlightened absolutism.