ЗА НЕКОИ ИНСТИТУТИ ВО МАКЕДОНСКОТО И СПОРЕДБЕНОТО ПРЕКРШОЧНО ПРАВО: ИМА ЛИ МАКЕДОНИЈА КОНЗИСТЕНТНА ПРЕКРШОЧНА РАМКА?

Abstract

The Misdemeanor Law is a special scientific discipline, as well as a branch of the positive law comprised of the general law on misdemeanors, special laws for certain types of misdemeanors and the provisions of a number of other laws that determine misdemeanor - punishable behaviors. Macedonian misdemeanor legislation dates from 1997, but in the meantime it has been subject to several amendments and novelties. The latest Law on misdemeanors was adopted in 2015. Some of the countries in the region in recent years have also adopted new laws or have amended the existing. According to the analysis of the legislations of Macedonia, Serbia, Croatia and Slovenia regarding the definition of the misdemeanor, the manner they are prescribed, the procedural competences, the repertoire of sanctions and statute of limitations, it appears that the nature of the misdemeanors is dominantly criminal/penal, however, they often manifest themselves into two types: as classical or punishable acts of lowerlevel compared to the criminal offences as well as administrative violations. However, the analysis has shown that regarding certain concepts and solutions the different forms, our legislation is inconsistent and that certain provisions require urgent review.