Misoski, Boban

Preferred name

Misoski, Boban

Official Name

Misoski, Boban

Main Affiliation

bmisoski@yahoo.com

Now showing 1 - 10 of 23

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КОМПАРАТИВНА АНАЛИЗА НА МЕХАНИЗМИТЕ НА УПАТСТВА ЗА ОДМЕРУВАЊЕ КАЗНА: УПАТСТВОТО ЗА ОДМЕРУВАЊЕ КАЗНА ВО САД
(MACEDONIAN JOURNAL FOR CRIMINAL LAW AND CRIMINOLOGY, 2014)
Gruevska Drakulevski, Aleksandra
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In this article the authors provide a comparative analysis of the sentencing guidelines mechanisms, with a particular emphasizes on the United States Sentencing Guidelines. The authors summarized the present United States Sentencing Guidelines in order to point to it as a positive example of application. The idea is to present the origin model in a way that would be useful to enhance the Sentencing Guidelines recently applied in the criminal justice system of the Republic of Macedonia. The authors present the methodological approach for the creation of the Guidelines in the United States, and briefly present its content. The authors of the article conclude that the issue of judicial sentencing policy is a question thatrequires continuesresearch and settingmethodology for monitoring the sentencing policy of the courts on the territory of the whole country. Sentencing is a dynamic field that requires continuous monitoring and review of penal policy in accordance with the experiences of the application and learning what motivates and controls criminal behaviour. Hence, the authors of the article, following the example of many other countries, problematize the question of the necessity of establishing a permanent professional expert body which would monitor the sentencing practicesin the Republic of Macedonia and would issue sentencing guidelines or these issues should continue to be resolved by legal opinions and general positions of the Supreme Court of the Republic of Macedonia.
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The Role of Higher Courts in Securing the Uniform Application of the Law in North Macedonia
(Institute for Democracy “Societas Civilis”, Skopje, 2022-07)
Preshova, D
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Rakocevikj, Milka
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Law on Probation and the Implementation of the Measures for Providing Defendant's Presence in the Criminal Trials - Open Door or Missed Opportunity?
(Faculty of Law - South Easter Europe University, SEEU, Tetovo, Republic of Macedonia, 2018)
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(Dis)respect of the International Standards for the Position of the Detained Persons in Macedonia
(Iuridica Prima, Institute for Legal - Economic Research and Education, 2018)
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Gruevska Drakulevski, Aleksandra
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Ilikj Dimoski, Divna
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Presumption of Innocence and Journalistic Ethics: The Case of the Republic of Macedonia
(Faculty of Law Iustinianus Primus Skopje, 2018)
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Gruevska Drakulevski, Aleksandra
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Ilikj Dimoski, Divna
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THE ROLE OF THE HIGHER COURTS IN SECURING THE UNIFORM APPLICATION OF THE LAW IN NORTH MACEDONIA
(Institute for democracy Societas Civilis, Skopje, 2022-07)
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Preshova, Denis
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Rakochevikj, Milka
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Analysis of the data collected from the court proceedings in domestic and gender-based violence cases monitored in 2019
(OSCE - Mission to Skopje, Коалиција „Сите за правично судење“ – Скопје, 2019)
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Petrovska, Natali
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Avramovski, Darko
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IMPACT OF THE EU DIRECTIVES ON DEFENDANT’S RIGHTS ON THE MACEDONIAN CRIMINAL PROCEDURE: DIRECTIVE ON THE RIGHT TO INFORMATION IN CRIMINAL PROCEEDINGS AND DIRECTIVE ON THE RIGHT TO INTERPRETATION AND TRANSLATION IN CRIMINAL PROCEEDING
(Faculty of Law Iustinianus Primus Skopje, 2020)
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Ilikj Dimoski, Divna
The authors of this paper discuss the impact of the EU Directive 2012/13/EU on the right to information in criminal proceedings and Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings to the Macedonian criminal procedure system. They refer to the common minimum standards set in the field of information about rights and about the accusation which must be given to persons suspected or accused of having committed a criminal offence, as well as the right to interpretation and translation, to enhance mutual trust among the Member States. The benchmark these Directives establish is projected trough the complex of several rights. Firstly, there is the right to information about rights for suspects or accused persons. Additional rights are recognized when suspects are arrested and detained in which case information about applicable procedural rights should be given by means of a written Letter of Rights drafted in an easily comprehensible manner to assist those persons in understanding their rights. Subsequent is the right to access to the materials of the case, conditions and limitations to its exercise and as well as the right to provide information to suspects or accused persons where necessary, with translations or interpretation into a language that they understand. Moreover, the authors are evaluating 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.
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Shadow REPORT on the Second Cycle Review Process and Implementation of the United Nations Convention against Corruption (UNCAC) in the Republic of North Macedonia
(Macedonian Centre for International Cooperation (MCIC), 2019)
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Kamilovska Trpovska, Snezana
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Ivanoska, Natasha
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Filkov, German
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THE IMPACT OF THE EU DIRECTIVE 2014/42/ EU ON FREEZING AND CONFISCATION OF INSTRUMENTALITIES AND PROCEEDS OF CRIME TO THE MACEDONIAN CRIMINAL JUSTICE SYSTEM
(Faculty of Law Osijek, Croatia, 2018)
Republic of Macedonia is the candidate-member state of the EU and has started its High Level Accession Dialogue (HLAD), therefore it is of essential interest to harmonize its national criminal legal system to the EU law. In this article the author elaborates the impact of the EU’s Directive 2014/42/EU considering the European framework for freezing and confiscation of instrumentalities and proceeds of crime in the European Union to the Macedonian criminal justice system. The level of transposition and harmonization of this EU Directive into Macedonian legal sys-tem is evaluated through the steps from the ongoing reform of the Macedonian criminal justice system. Hence, the author will examine the current Macedonian legal framework together with the Macedonian courts’ practice regarding the implementation of the existing legal provisions for freezing, confiscation and recovery of the assets, together with the elaboration of the possible limitations and reasons for infrequent use of these measures by the Macedonian courts. In this fashion the author will detect the most common problems particularly with the question of the impact of the time limitation of the freezing of the assets during the criminal procedure, and will provide possible solutions for improvement of the national legal framework.

Misoski, Boban

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