Suchergebnisse

The development of the judicial system in the Republic of N.Macedonia is in three phases. The first phase begins with the independence of the state and lasts until the constitutional changes in 2001. The second phase starts mostly through the obtaining of the status for candidate for EU membership in 2005 when the laws on judiciary, prosecution, attorney, notary, enforcement agents and criminal procedural legislation were passed. We are in the third phase of reforms that we can freely say that they are consequence of the political conditions that began in 2015 and for which the international screening found that the judicial system did not correspond properly with the newly created conditions in the country and failed to resist influences on it. This paper aims to locate these situations and offer a solution for exiting and overcoming the qualification of a "captured judiciary" in the Republic of N.Macedonia.

According to legal theorists, ownership means the appropriation of the means of production and consumption, which means the relationship between people in relation to those assets. One who owns a particular item having the right to hold, use or dispose of it, but should not do anything that is contrary to law or the rights of any other person. This kind of right is a fundamental human right and ownership is a major economic category in any society. From the right of ownership (dominium proprietas) arises the strongest legal and factual power over things. The content of the right to property consists of three essential components: the power to rule over the item, or actual government authorization for the use of the item, or legal possibility over it to take tangible actions so as to obtain benefits from it and authorization available -capable of transmitting the right to property in whole or in part to others.

The right of freedoms of expression is one of the fundamental human rights. This, among other things, is guaranteed by Article 10 of the European Convention for the protection of human rights and freedoms. However, the freedoms of expression is not an absolute right, which means that in some situations it may be restricted, especially if the public interest requires that. Submission of information for media must be in accordance with the human rights of the people who are involved. These rights are guaranteed by the European Convention for protection of human rights and freedoms, by the Constitution and by Laws. Having in consideration that this freedom carries some duties, the enjoyment of this freedom may be based on formalities, conditions, restrictions or penalties, as it is prescribed by law and they are necessary in one democratic society for the purpose of crime prevention, protection of reputation or protection of the rights of other people, for prevention of disclosure of confidential information or for maintaining the authority and independence of the judiciary. If the courts accept the thesis that somebody has the right to say or write something and it is said in public interest, although it violates the rights of another person, it means that the freedoms of expression prevails over some other rights. This paper aims to examine the aspect of freedoms of expression, especially in the media and the judiciary, versus the need of protection of the public interest and latest legal decisions that are related to this matter.

The ACTA agreement (anti-counterfeiting trade agreement) is a new international instrument in which there would be arranged for problems related to the enforcement of intellectual property, which would arrange the furniture and some issues that are not part of the TRIPS agreement. Negotiations for ACTA were launched in October 2007, with the initiative by the United States, the European Community, Switzerland and Japan. The adoption of the agreement aims at establishing new international standards for enforcement of intellectual property rights through the improvement of international cooperation, introducing best practices for enforcement of intellectual property rights and providing more effective legal framework. ACTA sparkled protests in 2011 and 2012 in all European cities and many scientific and political debates. The discussions were held about the contract went to two extremes in which the first regarded the document as a document of great importance to the protection of intellectual property, while others regard it as an obstacle to the dissemination of the work and methods of implementation of censorship citizens, the document that will prevent the possibility of using the internet network and will allow control of the citizens.

The ACTA agreement (anti - counterfeiting trade agreement) is a new international instrument in which there would be arranged for problems related to the enforcement of intellectual property, which would arrange the furniture and some issues that are not part of the TRIPS agreement. Negotiations for ACTA were launched in October 2007, with the initiative by the United States, the European Community, Switzerland and Japan. The adopti on of the agreement aims at establishing new international standards for enforcement of intellectual property rights through the improvement of international cooperation, introducing best practices for enforcement of intellectual property rights and provid ing more effective legal framework. ACTA sparkled protests in 2011 and 2012 in all European cities and many scientific and political debates. The discussions were held about the contract went to two extremes in which the first regarded the document as a document of great importance to the protection of intellectual property, while others regard it as an obstacle to the dissemination of the work and methods of implementation of censorship citizens, the document that will prevent the possibility of using the internet network and will allow control of the citizen

Analyzing the current geopolitical situation in the Russian Federation can freely come to the conclusion that despite all the turmoil and loss that followed during the XX century she continues to takes a pretty strong position in the geopolitical map of the world. The Russian Federation has all the necessary prerequisites and realistic positioning as a developed democratic state, which actively influence the nature and direction of the global: political, economic, social and cultural processes. Confronting unipolar globalization, advocating a multipolar form is the imperative of its foreign policy. The creation of a multipolar world is only possible through a system of strategic alliances, which success largely depends on the activity and the adequacy of its foreign policy.

Religious freedoms and their regulation by international and regional legal instruments, is undoubtedly considered the foundation of every modern democracy. Freedom of conscience and religious beliefs have a Millennium character and their origins are grounded in the being of man and his community. Based on the concept ofthe generally known separation of the religious feelings of the state - the legal system in the country is developing specific symbiotic blend of state with the two major religious communities. The State more or less has successfully managed this very sensitive issue elaborated as a fundamental principle of the human rights, of course only if it is practiced as an individual rather than a collective right, which must not jeopardize the rights of others.

Terrorism and what comes out of it, has became one of the most dangerous phenomenon of modern time. From the fact that it is hard to predict it and the consequences that it brings with itself, terrorism becomes a political and moral problem that people from the 21 century have to deal with. For many individuals, groups and organizations, terrorism has became a way of solving problems, no matter if they are political, religious or ethnical. Modern terrorism brings the need of a constant fight with all the legal assets, because according its own primary definition terrorism represents illegal usage of power or violence from individuals or groups. Terrorist attacks with all of the brutality that they have within them have brought upon us the need for an international system for fighting it, of course if we all want to bring justice and global safety and not leadership and a halo of peacekeeping above all of us.

The European Union as a separate sui generis entity covers most of the countries in this region. For its legal legislation used in the European Union is actually a set of legal rules governing the mutual relations that come to natural and legal persons. Intense harmonization of contract law is implemented for almost three decades, during which it is conducted within and under the auspices of the EU institutions and the academic community. Harmonization of law is inevitably linked with overall procedure for adjusting the national legislation by establishing a framework of acceptable principles and common rules in the field of Contract Law in the European Union. With the adoption of uniform rules to be applied in the field of regulation of contracts at the same time removing barriers that arise as a hindrance to smooth flow of transactions , which enriches the legal doctrine . The paper specifically highlights the role of Landon's principles , which are one of the most significant acts of unification adopted in the area of harmonization of Contract Law in the European Union

Guarantee of freedom of religion and its regulation with international and regional legal instruments is undoubtedly the foundation of ever modern democracy. However, elaborating freedom of conscience and religion has to be done within the framework of a positive legal system, i.e. Laws and the Constitution, which underlie the concept of organizing the state itself. Religious beliefs have been present for millenniums and their beginnings are in the very essence of both humans and communities, and even countries. The Republic of Macedonia along with all other states which were once part of the common Yugoslav federation has two periods of treatment of the issue of religious freedom, i.e. the freedom of conscience and religion. The well-known concept of separation of religious feelings from the statelegal system was practiced in the former common federation. Relying on that concept and upon gaining independence, the Republic of Macedonia has developed a different, primarily symbiotic blend of the state with its two biggest religious communities, thus attempting to deal with this extremely sensitive issue, more or less successfully, which is actually the basic principle of human freedoms.

In the contemporary and highly dynamic surrounding conditions, now, business more than ever before depends on:attracting, detaining and effectively taking advantage of, basically, chronically scarce resource –highly professional and skilled cadres. In addition, competitiveness on human resources in the contemporary trade companies, because of the entire business climate, is quite dynamic and constantly exposed to many factors.The most complex and, at the same time, of the most essenti al importance are:the constant changes of the legislation in the area of the organization in the trade associations, the conditions of the defined market, the intense competition, as well as the fastidiousness and emerging requirements from the clients, in other words the consumers. All this has its own particular influence on the professional parameters for work, thereby making an additional pressure on the constantly disposable resources. Human resources in one trade association include all the employees irrespective of their position, education or their level of commitment. Basically, contemporary conditions of management are protecting the human as a crucial resource for the company, in which, he largely determinates the competitive ability of it. On the account of preserving, and above of all, the development on the competition ability on one trade association in a defined business areais in a direct interaction of instigation: new standards, skills, knowledge and ethics in business.All that is a precondition for survival and need as long as there is a wish to achieve success in more intense conditions for work and survive on the only relevant place where all that is valued – the market.

In the contemporary and highly dynamic surrounding conditions, now, business more than ever depends on: attracting, detaining and effectively taking advantage of, basically, chronically scarce resource - highly professional and skilled staff. In addition, competitive ability on human resources in contemporary trade associations, because of the entire business climate, is quite dynamic and constantly exposed by many factors. The most complex, at the same time, of the most essential importance are: The constant changes of the legislation in the area of the organization in the trade associations, the conditions of the defined market, the intense competition, as well as the fastidiousness and emerging requirements from the clients, in other words the consumers. All this has its own particular influence on the professional parameters for work, thereby making an additional pressure on the constantly disposable resources. Human resources in one trade association include all the employees, irrespective of their position, education or their level of commitment. Basically, contemporary conditions of management are protecting the human as a crucial resource for the company, in which he largely determines the competitive ability of it. On the account of preserving, and above of all, the development on the competition ability on one trade association in a defined business area is in a direct interaction of instruction: new standards, skills, knowledge and ethics in business. All of this is a precondition for survival and satisfying needs, as long as there is a wish to achieve success in more intense conditions for work and survive on the only relevant place where all that is valued - the market.

"Human rights are not alien to any culture and they are inherent in all nations; they are universal. "82 Human rights are a complex social phenomenon characterized by specific: political, legal, cultural and economic regularities. The freedom of religious beliefs has a millennial character and their beginnings are grounded in the being of man and his community. Religious freedoms and their regulation by international and regional legal instruments are undoubtedly the foundation of any modern democracy. Based on the well-known concept of the separation of religious feelings from the state-legal system, in the democratic countries, and in that context in the Republic of Northern Macedonia, a specific symbiotic fusion of the state and religious communities is developing. States more or less successfully manage this very sensitive issue elaborated as a fundamental principle of human freedoms, of course only if it is practiced as an individual and not a collective right, which must not endanger the rights of others.

Following the inclusion of the right to freedom of thought, conscience and religion in the catalog of fundamental human rights in the Universal Declaration of Human Rights in 1948, the right to freedom of conscience and religion falls into numerous multilateral agreements at the regional level on almost all continents of the globe, and regional mechanisms for its implementation have been created. The international legal protection of religious rights and freedoms on the European continent is the most important for us. The European Union, the Council of Europe and the OSCE have repeatedly reaffirmed the importance of protecting the right to freedom of religion in building a democratic Europe. The right to freedom of conscience, thought or belief includes theistic, non-theistic and atheistic beliefs as well as the latest religions. To protect these beliefs, they must reflect a certain level of persuasiveness, seriousness, commitment, and importance. It is not appropriate to give a legal definition to the terms "religion", "thought" or "belief", since any definition will not reflect the different attitudes to these terms in different cultures of the world, substantially narrow their meaning and benefit those who discriminate. International law requires that these terms be interpreted as broadly as possible.

The control of market concentrations is a specific part of the right to competition and incorporates an ex ante assessment of transactions, and thus is the most delicate area of competition law. It directly affects business entities and their activities on the market without the existence of a factual activity or an act that directly violates the market competition. It is obvious from the aforementioned circumstance that the need for a balanced approach of the right to competition in the regulation of market activities is needed. The comparison of the systems that are in charge of controlling the market concentrations between the United States and the European Union, and in this context, the Republic of Macedonia is imposed due to the significance of the United States antitrust system as the first system that set certain criteria for regulating the market concentrations which were followed by other developed legal systems. For this reason, the comparison of the regulation of concentrations is a good way to see the possible advantages and weaknesses of European Union law in this area.