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- Title
НЕКОИ ПРАВНИ И ПРАКТИЧНИ СОГЛЕДУВАЊА НА ПРЕКРШОЧНОТО ПРАВО НА РЕПУБЛИКА МАКЕДОНИЈА.
- Authors
Саити, Џемали
- Abstract
Misdemeanor Law of the Republic of Macedonia is characterized by inconsistent regulations, starting from the first Law on Misdemeanors passed in 1997, to the Law on Misdemeanors of 2006 aimed at - increasing the accuracy of the infringement procedure by extending the range of bodies that decide on the committed offenses, while starting from the two main objectives of the previous projected reform of the judiciary, ie providing reliable guarantees for the protection of human rights and freedoms on the one hand and the promotion of non-repressive measures by other, suitable for reduction of the misdemeanor offenses, envisaging a new concept of misdemeanor law as material - legal and procedural law of nature. Unfortunately this established concept did not meet expectations, followed by the adoption of the new Law on Misdemeanors (2015), which conceptually as being motivated by the failures of his predecessor. Such established legislation is accompanied by specific practical problems (difficulties), especially in the competence of the misdemeanor bodies and courts responsible for handling violations, the settlement procedure, mediation, inadequate application of the institutes contingent deferred or suspended sentence and security measure of confiscation of objects. In practice, the Supreme Court of Republic of Macedonia, acting within its competence, generally aligns these issues through the adoption of sentences, legal opinions and other legal mechanisms for securing the application of the law, but despite this it is the establishment of a consistent legal and practical mechanisms for prevention of possible systemic inconsistencies in the legal proceedings and enforcement of sanctions.
- Publication
Macedonian Journal for Criminal Law & Criminology, 2017, Vol 24, Issue 1, p1
- ISSN
1409-5327
- Publication type
Article