АНАЛИЗА НА ПРЕКРШОЧНИТЕ ОДРЕДБИ ВО РЕПУБЛИКА МАКЕДОНИЈА ВО ОДНОС НА ВИСИНАТА НА ГЛОБАТА
Date Issued
2010
Author(s)
Lazetic, Gordana
Gruevska Drakulevski, Aleksandra
Abstract
The authors of the paper conducted an analysis of the provisions
on misdemeanours contained in more than 230 laws in the Republic of Macedonia in
terms of the minimum and the maximum amount of the sanction for misdemeanors -
fine.
The authors analyzed the provisions on misdemeanours on the amount of the
fine and in relation to:
• Individuals;
• Individuals for misdemeanors committed by self-interest or that are
causing greater property damage;
• Fines on the spot for
individuals; • Legal persons;
• Legal persons for misdemeanors committed by self-interest or that are
causing greater property damage;
• Fines on the spot for legal persons;
• Responsible person in legal entity or officer or sole proprietor,
• Responsible person in legal entity, officer or sole proprietor for
offenses committed by self-interest or that are causing greater property
damage; and
• Fines on the spot for a responsible person in legal entity, officer or
sole proprietor.
The general conclusions of the conducted analysis is that there is an
obvious disparity in the amounts of fines that the court can pronounce acting under
the provisions of the Law on Misdemeanors as lex generalis and those that can be
can pronounced by misdemeanor authority under the laws which provide provisions
on misdemeanors as lex specialis.
The noted discrepancy is due to the massive application of the provisions
under paragraph 3 of article 15 of the Law on Misdemeanors, for individuals or
paragraph 4 of article 38 of the Law on Misdemeanors for legal persons. Although
these provisions have the status of the exception in the Law on Misdemeanors, they
turn into rule in most of the material laws.
Therefore, there is a pressing need to amend these provisions of the Law
on Misdemeanors that lead to absurd situations, and thus dilute the meaning of
punishment, on the one hand, and the essence of misdemeanor, on the other hand.
on misdemeanours contained in more than 230 laws in the Republic of Macedonia in
terms of the minimum and the maximum amount of the sanction for misdemeanors -
fine.
The authors analyzed the provisions on misdemeanours on the amount of the
fine and in relation to:
• Individuals;
• Individuals for misdemeanors committed by self-interest or that are
causing greater property damage;
• Fines on the spot for
individuals; • Legal persons;
• Legal persons for misdemeanors committed by self-interest or that are
causing greater property damage;
• Fines on the spot for legal persons;
• Responsible person in legal entity or officer or sole proprietor,
• Responsible person in legal entity, officer or sole proprietor for
offenses committed by self-interest or that are causing greater property
damage; and
• Fines on the spot for a responsible person in legal entity, officer or
sole proprietor.
The general conclusions of the conducted analysis is that there is an
obvious disparity in the amounts of fines that the court can pronounce acting under
the provisions of the Law on Misdemeanors as lex generalis and those that can be
can pronounced by misdemeanor authority under the laws which provide provisions
on misdemeanors as lex specialis.
The noted discrepancy is due to the massive application of the provisions
under paragraph 3 of article 15 of the Law on Misdemeanors, for individuals or
paragraph 4 of article 38 of the Law on Misdemeanors for legal persons. Although
these provisions have the status of the exception in the Law on Misdemeanors, they
turn into rule in most of the material laws.
Therefore, there is a pressing need to amend these provisions of the Law
on Misdemeanors that lead to absurd situations, and thus dilute the meaning of
punishment, on the one hand, and the essence of misdemeanor, on the other hand.
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АНАЛИЗА НА ПРЕКРШОЧНИТЕ ОДРЕДБИ ВО РЕПУБЛИКА МАКЕДОНИЈА.pdf
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