Suchergebnisse

The worldwide pandemic caused by the coronavirus has disturbed the pure conception of the separation of powers. States forced by the newly established situation, declared a state of emergency, thus the Republic of North Macedonia was not an exception. This paper will focus on the divergences from the separation of powers in the countries from the Western Balkans and across Europe whose departure in the well-established system of checks and balances intrigued the media. The case of North Macedonia was maybe the most interesting because in time of declaring the state of emergency by the President of the Republic, the legislative branch of power - the Assembly was dissolute which meant that the already difficult situation became more complicated to establish a balance between the branches of power to function in protecting the general health of the citizens and the fundamental human rights and freedoms.

Police crime statistics are starting point for understanding crime rate in one country. They are important not only for the public in order to improve their confidence and perception of the police in controlling and reducing crime, but much more. Police statistics are important to the police themselves to improve their efficiency, to plan their activities in order to detect and clear up crimes. But, according to most research related to this issue, the main problems in crime recording are located in police practices and police discretion in collecting crime data and deciding what to record as a crime. No detailed scientific research has been conducted in Macedonia on the manner and process of crime recording, as well as on the wider process of generating police statistics. This area should be of interest not only to the scientific community but also to the police services themselves in order to provide objective, confidential and accurate information on the crimes committed. In many national legislations there are national standards and analyzes for police crime recording in order to obtain objective and realistic data essential for further monitoring, detection and processing, both by the criminal justice system and by the police services themselves. There is a need for consistency and uniformity among police officers when recording it, while on the other hand, the establishment and proper application of such standards can increase public confidence in police statistics. The above mentioned issues are subject of research and elaboration within this article.

The theories behind extradition, the rule of "prosecute or extradite" and the idea of using due diligence when prosecuting and punishing a criminal offender need to be explored in details, relying on both customary international law and treaty based law. Luring fugitives into international waters or cooperating with another state in the frames of the process of extradition are options which may help in bringing fugitives before justice. Republic of Macedonia among other states has recognized the need for cooperation in criminal matters through the use of extradition as one of the earliest forms of inter-state cooperation in any domain. This paper explains how extradition is governed in the internal legislation of the Republic of Macedonia and the necessary changes which have been made in order to increase the effectiveness of extradition and to preserve human rights from possible violations.

Extradition as an act of international cooperation for the repression of criminal activities of the criminal offenders is one of the various models whereby one sovereign state delivers up the alleged accused criminals found within its jurisdiction, on demand, to another sovereign state, so that they might be dealt with according to the penal laws. Extradition has evolved among states because they are vitally interested in the repression of crimes and punishment of criminals who violate their national laws and thus disturb the general peace of the society. This article aims to describe the problems with which extradition is faced, especially with the obligation to extradite and with the obligation to take care of her own citizens in situations when the Constitution does not allow extradition of own nationals and in the absence of an extradition treaty.

The cornerstone in the law of international extradition of fugitives from justice is a policy of cooperation between nations. This cooperation must take into account both the differences in the domestic legal systems and the advancements of technology in areas that directly affect the criminal justice system. In the context of political offences in extradition matters, it must be pointed that there is generally accepted rule which states that political offenders i.e. those who committed criminal offences are not subject to international extradition, which points that they cannot be extradited and judged for committed offences. Political offence exception is a universal principle, is justified by the need for States to remain detached from political conflict and protects the right of States to grant asylum to political refugees. Political offences in some way are connected with terrorist offences: two very important and interesting cases are Abid Naseer v United States of America and Gaforov v Russia which will be analyzed in this paper. The increasing use of terrorism by politically motivated persons has combined with the rapid scientific advances in transportation and communication and present a very real danger to the control and suppression of international crime.

Discussion about the criminality of immigrants is rising due to the high mobility of people. Today, the deviant immigrant is a topic in political and media discourse in most Western European countries. Smuggling immigrants, Muslim terrorists, women who are prostituted from eastern European countries, juvenile gangs of ethnic origin are images of foreign criminals. In this direction, the policy towards foreign deviants is changing. Instead of protectionism and protection, now the dominant themes are security and protection from assumed foreign risks. The image of the deviant immigrant opens up the racist discourse, as well. Racist notions are not primarily focused on the perceived biological inferiority of the other, but on the security threat that he/she represents in the community. Hence, the penal discourse on immigrant crime or the demands for the punishment of immigrants is seen as a protection of nationality and national interests from threatening foreign elements. This means that public attitudes towards immigrants and immigrant crime are also shaped by the generally punitive climate in late-modern societies. We can therefore agree that migration issues are increasingly defined as security issues that are treated by the penal system, while refugees and asylum seekers become security rather than a humanitarian issue. The above issues are special subject of elaboration and analysis within this article.

The mission of the international scientific conference entitled ―The Influence of Great Powers Over the Security of Small States‖ is to encourage the academic community and security practitioners to exchange views based on applied subject specific research scientific methods, but also to attach a scientific – research dimension to practical experiences. The idea for organizing this Conference coincides with the need for addressing the contemporary challenges and security risks. Expanding the spectrum of scientific thought is associated with the security challenges faced by states, especially in a time of global movements and dynamic world processes. Through their papers, the members of the security academic community talk among each other, discussing and sharing their different views, and ultimately arrive at common solutions for every challenge that has emerged in the security sector. The papers in this Compendium were received by means of a public announcement and they offer solutions for the future establishment and renaming of the security systems of small countries in view of creating an efficient response to contemporary security risks and threats, that is, to the destabilizing factors that cause conflicts. On that note, and in correlation with the title of the Conference, the papers treat security issues in a number of security science sub-disciplines and contribute to confirming the existing and creating new solutions in the area of security, international relations, Euro – Atlantic integration, criminalistics and criminology with an underlying holistic approach and for the purpose of efficient and timely dealing with security risks and threats and accelerating the process of Euro – Atlantic integration. Hence, the mission of the Conference and the publication of the papers encourage scientists and researchers to exchange scientific knowledge in order to identify the security needs and determine and select an appropriate response, as one of the prerequisites for the integration of small countries. The practical objective of this Conference and Compendium is manifold, primarily due to the scarce number of papers and analyses on this topic in scientific and expert literature and the partial scientific approach in those that exist, which implies imposing effects in practice. The aim is to produce valid results and scientifically verified knowledge that will enable the implementation of a rational and acceptable solution for the security sector reforms. Argumentative substantiation and presentation of the derived results and the overall situation are used to consider the systemic and 6 institutional solutions and to initiate a new phase of qualitative development of the security system and its institutions

The topic of crime and its control has been continually present on the social, political and research arena and has been also a subject to a number of debates and scientific researches. As the crime and the fear from the crime change on local, regional and on global level, simultaneously the social reactions and the forms of crime control also change. Their study, especially in the second half of the 20th and the beginning of the 21st century, shows more changes in the reforms of the criminal justice system, which are in line with alternations occurring not only with the state of crime, but also in social, economic, political and security circumstances in other societies. In the context of the 70's, the crime control was influenced by the so-called Penal coercionist, rehabilitation of offenders and the development of the state of welfare due to the failure of the state to deliver the anticipated justice. Thus two paradigms were developed: first, that nothing helps and the second - justice has been threatened. In that period, influenced by the structural social processes, (we think here of globalization, unequal distribution of wealth at all levels in the world, migratory movements, terrorism and cyclical recessions of capitalism that actually generate crime,) there are conflicts between the objectives of penalties (prevention, deterrence, rehabilitation and second, the realization of justice), the rights of offenders and the public interest, the legal principles, the functions of the police and the objectives of post-penal and social work. These processes produce not only changes in the condition of the crime, or its increase and change, but also represent changes in the social policy as well as in the criminal justice system. As a result, in the period of late modernism, the problem of crime control is mainly associated with the security of the society as well as the increased risks to the feeling of insecurity that caused the increased repressive policies by the criminal justice system. At the same time the policies of risk management and the application of new technologies are implemented. They are part of the situational approach in the crime control. Basically, the new technologies for monitoring and detection of offenders place the citizens as a potential object of observation. In this context, the police is less concerned with the Crime Prevention which relies more on new information and telecommunications as well as on other means of technology. This technological development is necessary, but at the same time it shifts away the police from citizens and their security needs, resulting in its reticence towards the public as well as implementation of repressive methods. Relying on the Law enforcement model or on what is now called the establishment of law and order, the police is being militarized growing into a serious threat both to the citizens and to the development of democratic processes. The police has thus transformed itself into the main force in the hands of the powerful for the retention of status quo. Therefore, such a social control of crime cannot adequately respond to its challenges and there is a discrepancy between the punishment, which remains the prerogative of the State as part of the traditional criminal justice and the crime control that follows the state justice.

With the scientific contribution that will be made, and in a debate, the Ohrid 2015 conference will answer the questions that are of interest to the scientific and social public. One of those questions addresses the issue of defining security science as a concept, which is related to the concept of security. For this concept different language systems use different terms. Also, one of the principal problems is the naming of the science which deals with researching security. Namely, security is a phenomenon which is the subject of research of philosophy and science, but it is also the subject of interest of other forms of knowledge as well, such as religious, common-sense and artistic ones. But it also denotes a state, activity and certain social creations which, one way or the other, fill human life or are in the function of meeting human needs. It deals with searching for the answer related to the nature of the destructions, the risks and prerequisites for setting up the conditions and the environment for the creation and improvement of human life, and also with the values: a) whether these values are threatened, to what extent, what from and why; b) how to improve and promote the values and eliminate their threat, who from, with what measures and against whom? Topics  Approaches and methods in researching security  Contemporary security – problem of the state or the society  Security as a public good and its transformation in the spirit of the new generation of security risks and threats  Classification of security – types of security  The concept of security system reform  Security neutrality versus European and Atlantic integration  The concept of securitization  Place and role of intelligence and counterintelligence services  Expanded approach to security  Parliamentary control over the security system  Security law  Corporate security – new type of dealing with risks  The "public's right to know" and the security system  Prevention of violence at sports events  Energetic security in Southeast Europe  Comparative experiences and latest mechanisms for preventing corruption  Types of corruption in the security system and the judiciary  Participation of citizens in the fight against corruption  Practical policies for police reforms  Police integrity yesterday, today and tomorrow  Forms of cooperation between police forces and police organizations  Structure of international police cooperation  Contents of international police cooperation  Forms of ad hoc institutionalization of international police cooperation  Educational systems and profile of police profession in the Balkan states  Forms of bilateral and multilateral cooperation in the area of dealing with crime, trafficking in humans, narcotics and psychotropic substances  Institutionalization of regional cooperation in dealing with crises and other security problems  Is the formation of joint Balkan police forces?  Is the formation of Balkan network of criminologists as well as networks of individuals coming from particular specialties possible?  Approaches in cases of domestic violence  Contemporary forms of trade, legal regulations and relations between states  Cooperation of economic subjects between legal security and security threats and risks  Regional cooperation and regional economic policies  Democracy, legal state, human rights, their enhancement and forms of protection  International standards for the protection of freedoms and rights of persons and citizens and the policies of the Balkan states  Forms of protection of freedoms and rights – experiences and perspective  Strengthening the rule of law and the responsibility of the institutions  The role of international organizations in the promotion and implementation of international norms for the protection of human rights in the Balkans  Democracy, stabilization, integration  Inter-state and inter-institutional cooperation in the protection of human freedoms and rights  Contemporary forms of crime and ways for their suppression  Contemporary forms of cyber crime (electronic: frauds, misleadings, threats, id thefts and other forms of electronic frauds and crimes)  Forms of crime related to the Internet and cyber services and manners for their detection  Criminalistic experiences, achievements, methods, means and manners for the suppression of contemporary forms of criminality  Gender perspectives in security  Relationship between criminological and victimological sciences and security as a science – independence, complementarity, distinctiveness, delimitation, subject of study and research methods.  Relationship between criminal law science and security as a science – independence, complementarity, distinctiveness, delimitation, subject of study and research methods.  Relationship between criminalistics and security as ascience - independence, complementarity, distinctiveness, delimitation, subject of study and research methods  Classical (conventional) criminality – (un) justly neglected topic  Homicides and other crimes against the person – a worrying upward trend  Capital punishment – pros and cons (reasons for reconsideration)  Frauds – unjustly neglected criminality (phenomenology, etiology, prevention, penal policy)  Victimization of vulnerable groups (women, children, older persons, persons with disabilities etc.) and their protection  Reform of the criminal material and process law  Contemporary risk management methods in socio-pathological phenomena  Modernization of criminal justice  Contemporary challenges to criminology  Prevention of juvenile delinquency  Contemporary responses to criminality suppression  Sexual abuse of children  Assistance and support to crime victims  Problems relating to the statistical recording of criminality  Gender perspective of criminality  Women and criminality  Stress and victimization in penal institutions Through an open and well-argued debate the Conference should make topical the discussion on the difference between security as an activity and the science which deals with it, i.e. the scientific deliberation and the discovering of scientific laws and rules in the social field of security. These two concepts are most commonly referred to as security and security science or sciences, respectively. Yet, no clear distinction is drawn between them. Most commonly, when talking about security science the discussion revolves around security and its structure. In that sense the concept of security is currently being used with several meanings. As far as security at national or global level is concerned, we should bear in mind the fact that its contemporary concept and basic contours date back to the period after the fall of the Berlin Wall, i.e. after the Cold War. The terrorist attacks of 11 September 2001 mark a new era in the studies and the practice of security. As a result of globalization and the processes which led to the change in the structure of the world power, the phenomena encroaching security are perceived as challenges, risks and threats. The ranking of these concepts and phenomena depends on the level of their impact on the encroachment of security, and for this reason they represent latent, potential or factors of immediate encroachment. In scientific and expert debate security and security science are being disputed. Thus, instead of science, the notions of state (integral security), field (security sector) or a specific system are used. There are no doubts that security encompasses all of them. It is an important human activity in which numerous processes, subjects and relations are interwoven. That sphere is characterized by specific occurrences and phenomena which are challenges for numerous individuals, organs and organizations, and above all, for the state. Security is a complex phenomenon, a controversial concept which has very often been one-sidedly and narrowly defined through history. Security is a complex phenomenon, and, is essentially a disputable concept not only because of its elusive nature and contents bearing in mind the time and the place in which it has been discussed, but also because of the fact that discussion on security is inevitably related to other categories: fear (for physical survival), absence of structural violence, peace, well-being and stability. In international relations, security is defined in various ways, and very often in literature this concept is used without being more closely determined. As a political concept, security is evidently a pre-condition for the existence of life - individual and societal, and refers to the absence of threats and protection from threats. The understanding of security as an innate interest of every individual and broader human collectivities – family, society, nation, state, international system, points to the need for broadening the concept of security towards such approaches. Therefore, in theory concepts are formed such as national and international security, and, in more recent time, human, individual, societal and global security, which indicates an important expansion of new dimensions of security. The paradigms and the institutional models of security have a historical continuity. They have been changing. Security is inseparably related to the state and its organization, organs and function. Contemporary debates on security are expanded to the social and political sphere. Although the very mentioning of the concept of security, is, above all, associated with internal peace and peaceful life of the citizens, i.e. as freedom from threats, it also denotes a state of defence from an external enemy and encroachment of sovereignty. Therefore, the central interest of the concept of security is the state, which can be jeopardized by internal turmoil, economic and social disturbances, particularly in communities lacking the feeling of endangerment of identity and social cohesion. Hence, it can be concluded that "freedom means nothing without security" and that "the test of the freedom is the security of the minorities". For that purpose the Faculty of Security will organize an international conference in Ohrid in the period 2-3 June 2015 on the topic: "Researching security – approaches, concepts and policies". This will mean that the Faculty of Security Skopje will continue its orientation towards giving contribution to the development of scientific thought by organizing international conferences in the area of security, thus helping the decision-makers at regional, national and local level, to overcome practical problems they face in a faster, simpler and timely manner with the help of the findings and the research results.