ПРЕКРШОЦИТЕ ПРОТИВ ЈАВНИОТ РЕД И МИР ВО РЕПУБЛИКА МАКЕДОНИЈА: ТЕОРЕТСКИ И ПРАКТИЧНИ АСПЕКТИ
Journal
МАКЕДОНСКА РЕВИЈА ЗА КРИВИЧНО ПРАВО И КРИМИНОЛОГИЈА
Date Issued
2016
Author(s)
Gruevska Drakulevski, Aleksandra
Abstract
The paper analyses the theoretical and practical aspects of misdemeanors against the
public order in the country. The interest of the Law on Misdemeanors Against the Public
Orderis determined by the mass execution of misdemeanors against the public order,
suggesting a degree of social and public (in)discipline, (non)compliance with the legal
system, the way of functioning of the society and the attitude of citizens towards the
authorities.
From the analysis of the misdemeanors against the public order in the period 2001-
2013, the author concludes that most perpetrated misdemeanors against the public order are
assault in a public place, participation, causing or inciting a brawl etc., which clearly
indicates low culture of citizens, therefore, solving problems by force, violence, aggression,
insult, humiliation, intolerance, disrespect of the common life, endangering the safety of
others, creating uncertainty, revealing the socio-pathological phenomena ofdisrespect of
officials, disrupting their work etc. Also, the paper analysed court judgments for
misdemeanors against the public order. The general conclusion is that there is a disparity in
the imposed penalties for the same offense in different courts.
Furthermore, the author emphasizes the necessity of revising the provision of the Law
on Misdemeanors which leaves an opportunity in the special laws to provide fines with
greater height than that provided by the Law on misdemeanors as a general law which dilutes
the meaning of punishment from one hand, and the essence of misdemeanor responsibility,
on the other. Namely, the author again emphasizes the primarily preventive function of the
Law on Misdemeanors and the on Misdemeanors against the Public Order.
public order in the country. The interest of the Law on Misdemeanors Against the Public
Orderis determined by the mass execution of misdemeanors against the public order,
suggesting a degree of social and public (in)discipline, (non)compliance with the legal
system, the way of functioning of the society and the attitude of citizens towards the
authorities.
From the analysis of the misdemeanors against the public order in the period 2001-
2013, the author concludes that most perpetrated misdemeanors against the public order are
assault in a public place, participation, causing or inciting a brawl etc., which clearly
indicates low culture of citizens, therefore, solving problems by force, violence, aggression,
insult, humiliation, intolerance, disrespect of the common life, endangering the safety of
others, creating uncertainty, revealing the socio-pathological phenomena ofdisrespect of
officials, disrupting their work etc. Also, the paper analysed court judgments for
misdemeanors against the public order. The general conclusion is that there is a disparity in
the imposed penalties for the same offense in different courts.
Furthermore, the author emphasizes the necessity of revising the provision of the Law
on Misdemeanors which leaves an opportunity in the special laws to provide fines with
greater height than that provided by the Law on misdemeanors as a general law which dilutes
the meaning of punishment from one hand, and the essence of misdemeanor responsibility,
on the other. Namely, the author again emphasizes the primarily preventive function of the
Law on Misdemeanors and the on Misdemeanors against the Public Order.