Iustinianus Primus Faculty of Law
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Item type:Publication, A Digital Forensic Copy is not Simply Copying All Files From The Device (Legal Aspects)(11th International Scientific Conference on Knowledge Based Sustainable Development - ERAZ 2025, 2026-02-19); Rashkovska, VeronikaThe main idea of this paper is to delve deeper into the necessity of creating a digital forensic copy when collecting and securing digital evidence, the reason being that the non-creation thereof or creating it incorrectly will lead to further steps in the digital forensic procedure becoming pointless, and the digital evidence to be "Fruits of the poisonous tree" Creating a digital forensic copy is the first step after the digital evidence arrives at the digital forensics lab. It should not only be so because the written procedures require it, but because the digital forensic copy is further the source of the digital evidence, and at the same time – the source remains unchanged. The paper provides practical advice on what the parties in court proceedings (particularly in criminal proceedings) should pay attention to regarding the creation of the digital forensic copy. The first and original advice is that a forensic copy should be immediately made. There is no procedure that can justify not making a digital forensic copy, except for a on-site digital forensics expert on a war field. The paper addresses one of the crucial questions that has been referred to very little so far, and many times it has been misinterpreted – is data extraction the same as making a digital forensic copy and why not? One of the basic methods used in this paper is the comparative method and it will be used to explain the importance of the digital forensic copy procedure by comparing it with other medical, biological and physical procedures that are very commonly known and are part of people's everyday life, so that through such examples, a reader from any professional profile can get a visual representation of the justification of the main hypothesis. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, THE DIFFERENCE BETWEEN DIGITAL EVIDENCE AND EVIDENCE IN DIGITAL FORM(University Ss. Cyril and Methodius in Skopje, 2025-10-14); Rashkovska, VeronikaAt 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, which underscores its fundamental importance. One of the objectives of this scholarly paper is to make this legal-technical concept more accessible to legal practitioners—judges, prosecutors, defense attorneys, and others—through illustrative examples and an interpretation of existing international legal norms, thereby enabling them to reason in accordance with relevant international standards. At the same time, by examining domestic (Macedonian) legislation, which addresses this subject within what appears to be a somewhat “forgotten” statute, the paper seeks to highlight the gaps that must be addressed in order to ensure the effective application of these norms. Digital evidence has, by its very nature, always existed in digital form, whereas evidence presented in digital form may have originally existed in written or oral form. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Legal Responsibility of Artificial Intelligence?(Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2025-12-11); Rashkovska, VeronikaArtificial intelligence, in the way it has entered the social life of people, is starting to create legal situations that are not yet legally resolved. There is no doubt that the development of artificial intelligence, even the one that is visible to the ordinary user, has led to it being able to make “autonomous decisions” for many of the activities it undertakes. This is not pre-programmed, but is part of independent decision-making and “feeling” based on “experience”. The law, and thus society, has as its ultimate goal the sanctioning of socially harmful activities. Therefore, we rightly impose the thesis that it is necessary to sanction the “behavior” of artificial intelligence. Formally and legally, sanctions can be imposed only if they are previously provided for in legal or by-laws for milder sanctions. The very fact that artificial intelligence is not represented as a separate identity in any legal act, and cannot be fully integrated into the two existing ones (legal and natural persons) imposes the thesis, but also the need for it to be legally regulated. Many people, as well as businesses, base their decisions on predictions or advice provided by artificial intelligence. Many of these are paid services, i.e. services based on artificial intelligence platforms that are charged. This leads to the legal and logical conclusion that a formal legal relationship has been established between the user and the artificial intelligence platform, from which rights and obligations arise. In this paper, we will delve into the details of the End User License agreement of several of the better-known and most widely used artificial intelligence platforms to discover whether there are hidden provisions in that agreement that “exempt” artificial intelligence from liability, to what extent, and we will provide guidance on how all of this could change in the direction of protecting the interests of individuals. Artificial intelligence will certainly not disappear from our lives. It is not here temporarily, It can progress with its presence, but not retreat. It is a similar process of industrialization, electrification, and the like that history knows in its infancy, and we as the next generations experience it as normality. The same fate will follow artificial intelligence. We will witness its birth, future generations will experience it as everyday life and necessity. Although it may be a weak method, for now the law is the only one that can fight for some kind of control over it, not to control it in its development, but for the sake of protecting the interests of the individual who must not be left alone. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, FROM MANDATORY CONCILIATION TO MANDATORY MEDIATION IN FAMILY DISPUTES INVOLVING CHILDREN NORTH MACEDONIA IN LIGHT OF EUROPEAN HUMAN RIGHTS STANDARDS(Iustinianus Primus Faculty of Law, 2026-02)Ignovska ElenaThis article examines the implications of eventual mandatory mediation in family disputes involving children in North Macedonia, assessed against European human rights and children rights standards. It argues that the existing institute of (re)conciliation (мирење) is outdated and fails to meet European requirements. Introducing a mandatory mediation session in such disputes could increase mediation uptake, de-escalate conflicts, and better safeguard children’s interests. However, mandatory mediation also raises concerns regarding voluntariness, access to courts, and procedural fairness. Through a critical review of international human rights treaties and European legal instruments, alongside national regulation, including the Law on Mediation, the Law on the Family, and the family-related provisions of the Draft Civil Code, the article assesses whether mandatory mediation can effectively “revive” mediation while also advancing the best interests of the child and respecting fundamental rights more broadly. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, The Digital Euro and the Future of the European Project(Springer, Cham., 2025)Zafiroski, Jovan, Neshovsksa Kjoseva, ElenaThe creation of the single currency was one of the most important events in the history of the European integration. The single currency is a milestone in this process which should foster the economic integration and contribute to strength ening of the European identity. However, since 2008 and the global financial crisis the European economy is facing permanent challenges while in certain periods the very existence of the single currency was jeopardized. In order to deal with the consequences of the GFC the European monetary authorities have undertaken series of reforms in the European financial and banking system. Also, an unconventional monetary policy which included negative interest rates and massive monetary expan sion though the so-called quantitative easing was implemented. The COVID 19 pandemic forced the authorities to implement even more aggressive monetary policy which alongside the geopolitical turbulences in the last two years is causing very high inflation rates. Moreover, the monetary union faces another challenge brought by the global process of digitalization of the economy and introduction of new technologies in the realm of money and finance. The process of digitalization of money and the prospect of creation of the central bank digital currencies offers new prospects for the European economic and monetary union. The launch of the digital euro might be a catalyst that will strengthen the monetary union and will foster the economic growth. However, there are some concerns about the possible negative effects deriving from the introduction of the digital euro that could undermine the normal functioning of the monetary union and the European financial system. The text will try to explain the significance of the launch of the digital euro for both the monetary union and for the entire project of European integration. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, 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 ElenaFor 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. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Sex in Recent Gender Policies. Interdisciplinary Reflections on the X v. North Macedonia case before the ECtHR(Srpska Politicka Misao, 2026-02)Ignovska Elena, Arsov TodorThis article was initially prompted by the inconsistent use of the terms sex and gender in the landmark case X v. the Former Yugoslav Republic of Macedonia (now Republic of North Macedonia) before the European Court of Human Rights (ECtHR). Although the judgment was delivered several years ago, national legal implementation remains incomplete and, to some extent, problematic. This topic remains timely more broadly, given the limited engagement of English legal discourse with the ECtHR’s evolving approach to gender recognition. The authors investigate why a seemingly straightforward legal adjustment, such as introducing a gender marker on birth certificates, has proven so contentious. Their inquiry revealed that the term gender, originally introduced to distinguish from sex, has been increasingly subsumed into the concept of sex, often being used interchangeably. The Court’s judgment reflects this conflation: at times it refers to sex, at others to gender, and frequently to both (e.g., sex/gender) without clear differentiation. This raises critical questions, foremost among them: Why was there such a concerted effort to establish gender as distinct from sex when some of the same actors now assert that the two are effectively synonymous? While the X v. North Macedonia judgment marks a significant step in affirming transgender rights, it also exposes the ECtHR’s ongoing terminological ambiguity. In the absence of clear and consistent language, and in pursuit of fulfilling human rights obligations, particularly under articles 8 and 14 of the ECtHR, a legal compromise has emerged: recognizing gender identity as a fundamental aspect of personal identity, protected under the right to respect for private life. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Crimes against women in armed conflicts: Judicial activism and feminist legal interpretation as key factors in reconstruction of concepts of international humanitarian law(Oxford University Press, 2022-03)Karolina Ristova -Aasterud - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Crimes against women in armed conflicts: Judicial activism and feminist legal interpretation as key factors in the reconstruction of concepts of international humanitarian law(Oxford University Press, 2022-03-03)Ristova-Aasterud, Karolina<p>This chapter examines the novelties in international humanitarian law of the 1990s regarding crimes against women in armed conflicts and argues that they can be explained by two key factors. The first factor is the judicial activism of the ad hoc criminal tribunals for the former Yugoslavia and Rwanda, rather uncommon for the criminal law area. The second factor is the very organized background work of the feminist ‘interpretative community’ against the gender bias in international law. The main conclusion is that although some challenges remain to be addressed, feminist legal discourse has finally started to win the semantic and conceptual ‘war’ against the most serious wording and ontological gaps in international humanitarian law that have existed since the aftermath of World War II, with the creation of the Nuremberg and Tokyo tribunals, and the subsequent Geneva Regime of 1949.</p> - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Crimes against women in armed conflicts: Judicial activism and feminist legal interpretation as key factors in the reconstruction of concepts of international humanitarian law(Oxford University Press, 2022-03-03)Ristova -Aasterud, KarolinaThis chapter examines the novelties in international humanitarian law of the 1990s regarding crimes against women in armed conflicts and argues that they can be explained by two key factors. The first factor is the judicial activism of the ad hoc criminal tribunals for the former Yugoslavia and Rwanda, rather uncommon for the criminal law area. The second factor is the very organized background work of the feminist ‘interpretative community’ against the gender bias in international law. The main conclusion is that although some challenges remain to be addressed, feminist legal discourse has finally started to win the semantic and conceptual ‘war’ against the most serious wording and ontological gaps in international humanitarian law that have existed since the aftermath of World War II, with the creation of the Nuremberg and Tokyo tribunals, and the subsequent Geneva Regime of 1949.