Iustinianus Primus Law Review
type: channel
description: Iustinianus Primus Law Review is an international, peer-reviewed, open-access, online, scientific law journal published by the Faculty of Law “Iustinianus Primus” at Ss. Cyril and Methodius University in Skopje, Republic of North Macedonia. The Iustinianus Primus Law Review welcomes submissions from a variety of perspectives focusing on Civil Law, Public Law and EU Law. Its first volume was published in 2010. Iustinianus Primus Law Review is an open access journal, and all content is freely available without charge to the user or his/her institution. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles, or use them for any other lawful purpose, without asking prior permission from the publisher or the author. ISSN 1857-8683 Iustinianus Primus Law Review is publish only in electronic format. Iustinianus Primus Law Journal is indexed in HEINONLINE, EBSCO and Directory of Open Access Journals - DOAJ. DOI: https://doi.org/10.55302/iplr
publisher: Ss Cyril and Methodius University in Skopje, Faculty of Law Iustinianus Primus, Skopje
language: en
publication name: Iustinianus Primus Law Review
issn: 1857-8683
items: CHALLENGES OF ARBITRATION AS A METHOD OF INVESTMENT DISPUTE SETTLEMENT
items: THE USE OF ARTIFICIAL INTELLIGENCE IN DETECTING CROSS-BORDER TAX EVASION: REGULATORY GAPS AND CASEBASED EVIDENCE
items: INTERNAL SELF-DETERMINATION AND POWER-SHARING AS A MEANS OF ADDRESSING CLAIMS FOR SELF-DETERMINATION
items: COHERENCE OF THE EUROPEAN UNION’S FOREIGN POLICY ACCORDING TO THE LISBON TREATY
items: SUPPRESSION OF POLITICAL OPPONENTS IN HYBRID REGIMES IN THE WESTERN BALKANS
items: ECONOMIC ANALYSIS OF TAX EVASION: DETERIORATION AND SYSTEM OF CRIMINAL SANCTIONS IN BOSNIA AND HERZEGOVINA AND FEDERATION OF BOSNIA AND HERZEGOVINA
items: FROM MANDATORY CONCILIATION TO MANDATORY MEDIATION IN FAMILY DISPUTES INVOLVING CHILDREN: NORTH MACEDONIA IN LIGHT OF EUROPEAN HUMAN RIGHTS STANDARDS
items: FLEXIBILITY OF CONSTITUTIONS AS A FACTOR OF POLITICAL STABILITY. THE CASE OF WESTERN BALKANS STATES
items: OLD HABITS VS. NEW DEMANDS: CHALLENGES IN REFORMING TOP MANAGERS IN THE MACEDONIAN PUBLIC ADMINISTRATION
items: SPECIALIZED BODIES OF THE COUNCIL OF EUROPE
items: CHALLENGES OF USING ARTIFICIAL INTELLIGENCE IN THE WORK OF PUBLIC ADMINISTRATION
items: THE DIFFERENCE BETWEEN DIGITAL EVIDENCE AND EVIDENCE IN DIGITAL FORM
items: ANALYSIS OF THE LEGAL STATUS OF THE MACEDONIAN ORTHODOX CHURCH (ARCHDIOCESE OF OHRID) AND THE CATHOLIC CHURCH AND THEIR RELATION TO THE STATE
items: CONSTRUCTIVIST ASPECTS OF THE UN SECURITY COUNCIL’S PERMANENT MEMBERS’ CONDUCT: THE CASE OF FRANCE AND THE UNITED KINGDOM
items: MONEY LAUNDERING, PREDICATE OFFENCES AND PROFESSIONAL MONEY LAUNDERING PERPETRATORS
items: THE NATIONAL IDENTITY NARRATIVE IN THE RELATIONSHIP BETWEEN THE MEMBER STATES FROM CENTRAL AND EASTERN EUROPE AND THE EUROPEAN UNION: A RECENT CASE LAW ANALYSIS
items: CONFLICTING CONNECTIVITIES: LEGAL CONSIDERATIONS FOR NEGOTIATING GEOTECHNOLOGICAL RIVALRY
items: ALTERNATIVE SENTENCES TO IMPRISONMENT AN OPPORTUNITY FOR JUVENILE INTEGRATION
items: The Impact of Euro Atlantic Integration on Macedonian Business Environment: Can a Friendship be Measured with Numbers
items: TRENDS IN THE STATES RECOGNITION IN INTERNATIONAL PUBLIC LAW AND THE CASE OF MACEDONIA
items: THE IMPACT OF THE EU’S DIRECTIVE 2012/29/EU ON ESTABLISHING MINIMUM STANDARDS ON THE RIGHTS, SUPPORT AND PROTECTION OF VICTIMS OF CRIME TO THE MACEDONIAN CRIMINAL PROCEDURE
items: TAXATION IN ERA OF GLOBALIZATION AND DIGITALIZATION Issues and Challenges on National Tax Sovereignty
items: HERMENEUTICS OF THE MIGRATION CRISIS
items: http://194.149.137.236/index.php/iplr/article/view/3748
items: PHENOMENOLOGY OF CHILD DELINQUENCY IN MACEDONIA IN THE PERIOD FROM 2006 TO 2016
items: PROCEDURAL LEGAL STANDING (LEGITIMATIO AD PROCESSUM)
items: CONSTITUTIONAL JUSTICE IN THE REPUBLIC OF MACEDONIA MACEDONIAN CONSTITUTIONAL COURT - LEGAL SYMPHONY OR LEGAL CACOPHONY?
items: BEYOND PARALLEL DEMOCRACY?
items: SPECIAL FEATURES OF ROMAN SERVITUDES
items: ENFORCEMENT TITLES AS GROUND FOR ENFORCEMENT IN MACEDONIAN LAW

CHALLENGES OF ARBITRATION AS A METHOD OF INVESTMENT DISPUTE SETTLEMENT
type: item
description: https://doi.org/10.55302/iplr2516330m The purpose of the paper is to question the challenges of arbitration as a method for settlement of foreign direct investment disputes and to provide answers to several important questions, such as: defining the challenges of the concept as an alternative to domestic courts decisions, determining its outline, explaining the basic advantages and disadvantages of arbitration, analyzing the arbitration systems and their features, the enforcement mechanisms, the way to reform the investor-state dispute settlement, arbitration institutions in the Western Balkan and the challenges of investment arbitration in North Macedonia. It discusses the legal remedies available to foreign investors if state conduct breaches those standards. The default rule usually is that the investor must bring the case to national courts in the host state. However, many states have allowed investors to bring disputes to international arbitration instead of (or in addition to) national courts, as part of strategies to promote foreign investment. In the paper is discussed the concept of arbitration as a procedure whereby both sides to a dispute agree to let a designated third party, the arbitrator or the arbitral tribunal, decide the outcome of a legal dispute. Arbitration serves a purpose of advancing the collaboration of the disputing parties, with an ultimate objective of effective and efficient settlement of legal issues. It explores dispute settlement in international investment law, evaluating the criticisms that it is undemocratic and non-transparent and at the same time seen as a major advantage to foreign firms because it ensures fairness and confidentiality. Use of investor-state arbitration has increased sharply since the late 1990s. By the end of 2014, there were over 600 known cases of international arbitration under investment treaties; while up to the year 2000, this number was below 50. Choosing arbitrators, as well as the desired characteristic…
subject: Articles
  topic: section
subject: Investor-state dispute, Investor, State, Arbitration, Arbitration Systems, UNCITRAL, ICSID,
  topic: keywords
creator: Igor Mojanoski
rights: Copyright (c) 2026 Iustinianus Primus Law Review
date: 2026-02-20
publication date: 2026-02-20

THE USE OF ARTIFICIAL INTELLIGENCE IN DETECTING CROSS-BORDER TAX EVASION: REGULATORY GAPS AND CASEBASED EVIDENCE
type: item
description: https://doi.org/10.55302/iplr2516301m The evolution of tax laws, increased financial transactions, growing data and higher expectations from taxpayers for government efficiency and transparency are just some of the challenges taxation systems around the world face in the era of advanced technology. The complex tax systems are faced with new dilemmas, which are directly connected to digitalization. To address these challenges, tax authorities have turned toward the use of Artificial Intelligence (AI). In the past five years, we have witnessed the increased use of AI in international tax enforcement. Across the world, governments and tax authorities rely on algorithms to detect cross border tax fraud more than ever before. AI is also used to improve tax compliance and optimize audit targeting. With the vast expansion of economies and complex financial transactions, AI tools offer serious benefits in automatization of tax administration, identification of anomalies and improvement of transparency. However, the use of AI in detecting cross-border financial crimes still remains problematic. Even though the use of AI brings advanced solutions regarding pattern recognition and risk analysis across jurisdictions, it also raises legal, ethical, and procedural challenges for tax authorities. Cross-border tax evasion has long posed a significant challenge to global financial transparency and tax justice. In this context, Artificial Intelligence (AI) can be used as a powerful tool in detecting and combating tax evasion. Yet, while AI holds transformative potential, its use remains underdeveloped, mostly due to the lack of regulatory frameworks. This paper analyses the role of AI in detecting cross-border tax evasion, examines existing regulatory gaps, and analyzes key case-based evidence regarding the use of AI in this domain.
subject: Articles
  topic: section
subject: tax evasion, artificial intelligence, regulatory gaps
  topic: keywords
creator: Ana Marija Mihailova
rights: Copyright (c) 2026 Iustinianus Primus Law Review
date: 2026-02-20
publication date: 2026-02-20

INTERNAL SELF-DETERMINATION AND POWER-SHARING AS A MEANS OF ADDRESSING CLAIMS FOR SELF-DETERMINATION
type: item
description: https://doi.org/10.55302/iplr2516301m Shaped by the experiences of the two World Wars, self-determination emerged as a key element in the maintenance of international peace and gradually acquired its legal and political framework within the United Nations system, particularly through its incorporation into the founding documents, the international human rights covenants, and the resolutions adopted during the process of decolonization. Following the end of the Cold War, the transition and democratization of the states of the Eastern Bloc once again brought to the fore issues related to the status and rights of national minorities, creating a need to redefine the modes of implementation of self-determination. This paper analyses contemporary approaches to self determination through innovative mechanisms of power-sharing and governance models aimed at ensuring effective political participation and establishing effective protection of the rights of national minorities, within existing state borders, through the devolution of power, federalism, autonomy, and other institutional arrangements, thereby contributing to the development of inclusive, representative, and multicultural democratic societies.
subject: Articles
  topic: section
subject: POWER-SHARING, SELF-DETERMINATION
  topic: keywords
creator: Marija Mircheska
rights: Copyright (c) 2026 Iustinianus Primus Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2026-02-25
publication date: 2026-02-25

COHERENCE OF THE EUROPEAN UNION’S FOREIGN POLICY ACCORDING TO THE LISBON TREATY
type: item
description: https://doi.org/10.55302/iplr2516320b The foreign policy activities of the European Union have long suffered from the fact that the Member States of the Union neither spoke nor acted with one voice. The European foreign policy has been in a process of growing harmonization of its objectives, instruments, needs and policies. It has gradually developed new tools and instruments with which it could address the new challenges imposed by the global, interdependent, and complex world. The establishment of objectives, principles, and guidelines through which the foreign policy activities of the Union would be implemented was a necessity. A fundamental principle of the EU’s foreign policy, which provides an illustration of the coordinated behavior of the Member States, is the principle of coherence. This principle represents a basic precondition for the effective external representation and “speaking with one voice.” In other words, in order to be an active and influential actor in global affairs, the Union must ensure coherence between the political and economic dimensions of its foreign policy. A serious attempt to strengthen coherence in the foreign policy actions of the Union arises with the entry into force of the Lisbon Treaty, which introduces important innovations and institutional arrangements. This paper analyzes the legal impact of the Lisbon Treaty and whether it has succeeded or not in its intention to achieve greater unity in the foreign policy decision-making of the Member States.
subject: Articles
  topic: section
subject: European Union, coherence, Lisbon treaty, legal impact, foreign policy
  topic: keywords
creator: Daniela Bochvarska
rights: Copyright (c) 2026 Iustinianus Primus Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2026-02-25
publication date: 2026-02-25

SUPPRESSION OF POLITICAL OPPONENTS IN HYBRID REGIMES IN THE WESTERN BALKANS
type: item
description: https://doi.org/10.55302/iplr2516360k In the post-communist countries that today are referred to as the Western Balkans, processes of democratization began at the end of the twentieth century following the collapse of communist rule. However, instead of fully transitioning to democracy, these countries have developed hybrid regimes, a political systems that blend democratic and authoritarian elements. While multiparty elections are held, they are neither free nor fair. Political opposition exists and can criticize the government, but it is suppressed through subtle rather than brutal methods. One key strategy is legal repression, where political opponents face continuous pressure through inspections, audits and politically motivated investigations. Although these actions are formally justified within the legal framework, they are selectively applied to weaken critics and silence dissent. Intellectuals, writers, journalists, professors, judges, businessman and politicians critical of the government are disproportionately targeted while the institutions remain blind and silent about the abuses and crimes of the supporters of the ruling elites. In some cases, legal repression results in administrative or financial burdens for political critics, while in others, it escalates to criminal prosecution and imprisonment. Beyond legal repression, media control plays a crucial role in hybrid regimes. Rather than shutting down independent media outright, governments co opt or financially pressure them to promote official narratives while marginalizing independent journalism. This allows ruling elites to use the media to discredit political dissidents, labelling them as traitors, foreign agents, criminals, spies, oligarchs etc. In some countries, such tactics were even institutionalized through lustration policies, further delegitimizing political opponents and reinforcing their exclusion from public life. All of this is happening in a context where state institutions and resour…
subject: Articles
  topic: section
subject: politics, political system, democracy, elections, hybrid regimes, illiberal democracy, stabilotocracy
  topic: keywords
creator: Marko Krtolica
rights: Copyright (c) 2026 Iustinianus Primus Law Review
date: 2026-02-20
publication date: 2026-02-20

ECONOMIC ANALYSIS OF TAX EVASION: DETERIORATION AND SYSTEM OF CRIMINAL SANCTIONS IN BOSNIA AND HERZEGOVINA AND FEDERATION OF BOSNIA AND HERZEGOVINA
type: item
description: https://doi.org/10.55302/iplr2516307s This paper investigates the tax evasion through the lens of both classical economic theory and certain contemporary behavioral approaches, while maintaining focus on empirical data on relevant aspects of tax criminal policy, in both Bosnia and Herzegovina and Federation of Bosnia and Herzegovina (BiH). The analysis begins with the rational choice framework, where individuals, as Homo economicus, are modeled as utility-maximizing agents who weigh the expected benefits of evasion against the risks of detection and punishment. In non-academic discourse in Bosnia and Herzegovina, there is a prevailing attitude regarding the "profitability" of committing tax offenses, which directly implies the inefficiency of existing criminal policy. This analysis will examine the classical Allingham and Sandmo deterrence model in the context of empirical data related to the suppression of tax evasion and criminal policy on tax-related criminal offences. Key findings show that suspended prison sentences and imprisonments of up to one year dominate in the structure of imposed criminal sanctions for tax-related criminal offences. Institute of substituting imprisonment with a monetary fine in criminal policy in BiH negatively affects general prevention in terms of tax related criminal offences, since it allows for a replacement of imprisonment up to one year in prison for monetary fine. The statutory severity of the criminal sanction for tax evasion appears sufficient, but the severity of sanctions actually imposed by courts clearly points to a problematic psychological attitude toward tax evasion in Bosnia and Herzegovina: there seems to be a uniform perception of tax evasion as not being a particularly "serious" criminal offense, which indicates a high level of tax resistance among citizens.
subject: Articles
  topic: section
subject: Tax Evasion, Tax-related Crimes, Deterrence Model, Effectiveness of Criminal Policy, Rational Choice Theory
  topic: keywords
creator: Edina Sudžuka
creator: Haris Hadžijusufović
rights: Copyright (c) 2026 Iustinianus Primus Law Review https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2026-02-25
publication date: 2026-02-25

FROM MANDATORY CONCILIATION TO MANDATORY MEDIATION IN FAMILY DISPUTES INVOLVING CHILDREN: NORTH MACEDONIA IN LIGHT OF EUROPEAN HUMAN RIGHTS STANDARDS
type: item
description: https://doi.org/10.55302/iplr2516343i This article examines the implications of eventual mandatory mediation in family disputes involving children in North Macedonia, assessed against European human rights and children rights standards. It argues that the existing institute of (re)conciliation (мирење) is outdated and fails to meet European requirements. Introducing a mandatory mediation session in such disputes could increase mediation uptake, de-escalate conflicts, and better safeguard children’s interests. However, mandatory mediation also raises concerns regarding voluntariness, access to courts, and procedural fairness. Through a critical review of international human rights treaties and European legal instruments, alongside national regulation, including the Law on Mediation, the Law on the Family, and the family-related provisions of the Draft Civil Code, the article assesses whether mandatory mediation can effectively “revive” mediation while also advancing the best interests of the child and respecting fundamental rights more broadly.
subject: Articles
  topic: section
subject: conciliation, mandatory mediation, family disputes, children’s rights
  topic: keywords
creator: Elena Ignovska
rights: Copyright (c) 2026 Iustinianus Primus Law Review
date: 2026-02-20
publication date: 2026-02-20

FLEXIBILITY OF CONSTITUTIONS AS A FACTOR OF POLITICAL STABILITY. THE CASE OF WESTERN BALKANS STATES
type: item
description: https://doi.org/10.55302/iplr2516294p This paper elaborates on the relationship between the political system's stability and a constitution's flexibility. Using the comparative constitutionalism perspective, one can find some background assumptions underlying political system mechanisms. The core of the constitutional system is made of political elements manifested in the Preamble and legal elements, which are to be found in the body of the written document of the constitution. Rules and procedures for interplay between these elements are crucial for comprehending political stability issues. This theoretical approach shows its full gravity when analyzing the political peculiarities of Western Balkans states, where constitutions are utilized as political instruments for stabilizing volatile multi-ethnic and pluralistic societies. The outcome of the research is significant for better understanding the Balkan political context as well as the inherent logic of the idea of constitutionalism.
subject: Articles
  topic: section
subject: political stability, comparative constitutionalism, Western Balkans, preamble, flexibility, resilience, political system, constitutional law
  topic: keywords
creator: Łukasz Perlikowski
rights: Copyright (c) 2025
date: 2025-10-21
publication date: 2025-10-21

OLD HABITS VS. NEW DEMANDS: CHALLENGES IN REFORMING TOP MANAGERS IN THE MACEDONIAN PUBLIC ADMINISTRATION
type: item
description: https://doi.org/10.55302/iplr2516229pd A significant factor in determining whether a country will thrive is the quality of its public administration. Citizens are far more likely to enjoy a higher quality of life if their country’s public administration has the capacity to fulfill its duties effectively and perform optimally. The business sector is more likely to develop when the public administration operates smoothly and provides stability, as well as quick and accessible services. The civil sector, likewise, can rely on a capable and responsive partner if the public administration functions transparently and efficiently. In other words, the institutions falling under the umbrella term “public administration” are responsible for enforcing the law (while considering both individual rights and the public interest), implementing policies, supervising compliance with regulations by citizens and legal entities, delivering public services, and more. For that reason, they play a vital role in ensuring citizens’ well-being, fostering a business-friendly environment, and contributing to the development and success of the civil sector. Given this, it is essential that these institutions are properly managed. This requires top public managers who are competent, informed, well-equipped, responsible, and sufficiently independent. In this context, the paper at hand examines top public managers in the Republic of North Macedonia. It explores not only the legal framework governing managers in the public administration (also referred to as top public managers, office holders, elected and appointed persons, or functionaries), but also the actual practices concerning their recruitment, performance evaluation, accountability, and dismissal. The suggestions the authors provide throughout the paper are envisaged as a remedy against the systemic weaknesses that have been identified and that are elaborated upon herein.
subject: Articles
  topic: section
subject: public administration
  topic: keywords
subject: reform
  topic: keywords
subject: North Macedonia
  topic: keywords
subject: EU
  topic: keywords
creator: Ana Pavlovska Daneva
creator: Konstantin Bitrakov
rights: Copyright (c) 2025
date: 2025-10-15
publication date: 2025-10-15

SPECIALIZED BODIES OF THE COUNCIL OF EUROPE
type: item
description: https://doi.org/10.55302/iplr2516284s The Council of Europe is a traditional intergovernmental organization. Its internal structure includes the Parliamentary Assembly, which is a consultative body of the Organization in which delegations from the member states' parliaments participate, and the Committee of Ministers, which is the only executive and decision-making body of the entire Organization. This is explicitly stated in the clause of Article 10 of the Statute of the Council of Europe, which lists only the Consultative Assembly and the Committee of Ministers as the Organization's basic organs. The Consultative Assembly, as its name suggests, has only advisory authority and, in a similar vein, forms the Organization's so-called parliamentary pillar. This is clearly stipulated in the provision of Article 10 of the Statute of the Council of Europe, where only the Committee of Ministers (which constitutes the so-called intergovernmental pillar of the Organization) and the Consultative Assembly are listed as the basic organs of the Organization, which, as evident from its title, has only advisory competence and which analogously forms the so-called parliamentary pillar of the Organization. This organizational structure of the Council of Europe is completed by the Congress of Local and Regional Authorities, which not coincidentally has the status of the third pillar of the Organization, as well as a series of special expert bodies, including the European Commission against Racism and Intolerance (ECRI) and the European Commission for Democracy through Law (known as the Venice Commission). The latter also includes the offices of the political officials of the Council of Europe, including the Secretary General of the Organization and the Commissioner for Human Rights. Analogous to the latter, it is quite clear that the generally known European Court of Human Rights – founded on the basis of the ECHR – is not an organ of the Council of Europe, as is the case with all th…
subject: Articles
  topic: section
subject: CoE
  topic: keywords
subject: Venice Commission
  topic: keywords
subject: ECRI
  topic: keywords
creator: Ardijana Stafai
rights: Copyright (c) 2025
date: 2025-10-14
publication date: 2025-10-14

CHALLENGES OF USING ARTIFICIAL INTELLIGENCE IN THE WORK OF PUBLIC ADMINISTRATION
type: item
description: https://doi.org/10.55302/iplr2516277ak In the paper, the author deals with the current issue of introducing artificial intelligence in the work of public administration, as a logical process of upgrading the digital transformation of public administration in a global framework. Starting from the fact that modern public administration is called upon to fulfil several key characteristics: to be efficient, transparent, inclusive, service-oriented, and above all, legally regulated. The author points out that the introduction of digital technologies, automated systems, artificial intelligence and interoperable databases can advance these goals. However, she points out that for the introduction of digital transformation and artificial intelligence in public administration, several assumptions need to be met: the existence of a clear political will for implementation; continuous development of the technical infrastructure; providing big data and interoperability at all levels; educated public servants and citizens to provide and use such services and of course on a clear, predictable and integrated legal framework.
subject: Articles
  topic: section
subject: digital transformation; artificial intelligence; public administration
  topic: keywords
creator: Anastazija Anastasovska Kostovska
rights: Copyright (c) 2025
date: 2025-10-14
publication date: 2025-10-14

THE DIFFERENCE BETWEEN DIGITAL EVIDENCE AND EVIDENCE IN DIGITAL FORM
type: item
description: https://doi.org/10.55302/iplr2516268r At first glance, the two concepts—digital evidence and evidence in digital form—may seem synonymous. However, while all digital evidence can indeed be classified as evidence in digital form, not all evidence in digital form qualifies as digital evidence. This distinction leads to the conclusion that digital evidence constitutes a subset of evidence in digital form. Yet, even this conclusion is not entirely absolute, as for digital evidence to be admissible in judicial proceedings, it must satisfy specific prerequisites. These are not merely technical prerequisites—which fall outside the scope of this paper—but primarily legal prerequisites that determine whether “ordinary” digital records may be transformed into “admissible” digital evidence capable of serving as the basis for a court ruling. Digital evidence, as a specific category of evidence in digital form, is distinguished from other types of digital-form evidence by the presence of metadata, which serves to substantiate many of its inherent properties. In the absence of such metadata, digital evidence is reduced to mere evidence in digital form, lacking the distinctive qualities that render it probative and admissible. Metadata is often described as “data about data.” These are digital records which, although sometimes invisible or, if visible, incomprehensible to the ordinary user of information technology, provide the unique “fingerprint” of a digital record. Much like a fingerprint left on a physical piece of evidence, metadata authenticates and preserves the integrity of the digital record. Without such a “fingerprint,” one might say that “the glass is shattered on the floor, but it cannot be determined which of those present threw it.” Metadata thus constitutes the DNA of a digital record. Although technical in its essence, metadata is not merely a technical concept. It also functions as a legal category, explicitly addressed in numerous legal instruments regulating t…
subject: Articles
  topic: section
subject: digital evidence; evidence in digital form; metadata; digital forensics
  topic: keywords
creator: Dragi Rashkovski
creator: Veronika Rashkovska
rights: Copyright (c) 2025
date: 2025-10-14
publication date: 2025-10-14

ANALYSIS OF THE LEGAL STATUS OF THE MACEDONIAN ORTHODOX CHURCH (ARCHDIOCESE OF OHRID) AND THE CATHOLIC CHURCH AND THEIR RELATION TO THE STATE
type: item
description: https://doi.org/10.55302/iplr2516260n The main aim of this article is to examine the legal framework of the Christian Churches in contemporary Macedonian society, with a special focus on the Macedonian Orthodox Church - Archdiocese of Ohrid and the Catholic Church. Applied methods: historical, normative, comparative. Several conclusions are presented, concerning the importance of the dialogue between Christian Churches and the state in historical and modern national and international context.
subject: Articles
  topic: section
subject: Macedonian Orthodox Church - Archdiocese of OhridCatholic Church
  topic: keywords
subject: Catholic Church
  topic: keywords
subject: relations
  topic: keywords
creator: Goce Naumovski
creator: Ivanka Vasilevska
creator: Stefan Andonovski
rights: Copyright (c) 2025
date: 2025-10-14
publication date: 2025-10-14

CONSTRUCTIVIST ASPECTS OF THE UN SECURITY COUNCIL’S PERMANENT MEMBERS’ CONDUCT: THE CASE OF FRANCE AND THE UNITED KINGDOM
type: item
description: https://doi.org/10.55302/iplr2516246s While all five permanent members (P5) of the UN Security Council (UNSC) have the same statutory rights and privileges, not all of them use these rights and privileges in the same way. These differences cannot be explained solely by the differences in material factors between the P5 – the differences in power or wealth – as realist theories in IR would claim, but the explanation should involve the ideational factors behind them as well, as constructivist theories in IR would argue. This paper deals with the main constructivist aspects – the ideas, identities, norms, beliefs – of the behavior in and around the UNSC of two permanent members – France and the United Kingdom (UK). These two countries have many similarities in their positions and behavior in the Council, which are mainly expressed in these two countries being pro-active in the UNSC and in advocating for a proactive UNSC in accordance with its responsibilities; in their non-use of their veto in the UNSC; and in their pledges to reform the UNSC, especially the use of the veto by the permanent members in cases of mass atrocities. There are also some differences between France and the UK, stemming mainly from the different identities they build and present for themselves on the international scene and the role of their countries in international politics, related to the importance of Africa for France; to their different relationships with the USA; and their different relationships with the EU.
subject: Articles
  topic: section
subject: UN Security Council; France; United Kingdom (UK); international peace and security; constructivism
  topic: keywords
creator: Ljupco Stojkovski
rights: Copyright (c) 2025
date: 2025-10-14
publication date: 2025-10-14

MONEY LAUNDERING, PREDICATE OFFENCES AND PROFESSIONAL MONEY LAUNDERING PERPETRATORS
type: item
description: https://doi.org/10.55302/iplr2516212dt Money laundering is a serious offence mostly connected to organized crime that undermines financial integrity and markets, and erodes public trust in institutions. Money laundering is a process of converting or infiltrating the proceeds of illegal activities into legal businesses, without revealing their true source in order to obtain full legality of these proceeds at the end of this complex process. There are three basic phases (stages) of money laundering detected in the practice: placement, layering and integration. Namely, the illegally obtained money normally is a product of criminal offences known in the criminal law theory as predicate offences. These are the offences preceding the money laundering process. The issue of predicate offences is closely addressed in the 6th AML EU Directive elaborated in the article. The relevant Macedonian anti money laundering (AML) legislation consists of many provisions of different laws, of which most important are the Criminal Code provision of Money Laundering and the Law on Prevention of Money Laundering and Financing of Terrorism. However, the most recent practice turned the attention to specific category of perpetrators of money laundering, called professional money launderers (PMLs): attorneys, notaries, accountants etc. By misusing their powers they might assists the criminals in covering the origin of their assets or simply assisting by omission, by not reporting the suspicious cases and clients and by not check the origin of the assets when obliged by law.
subject: Articles
  topic: section
subject: money laundering, predicate offence, PMLs, attorney, notary, accountant
  topic: keywords
creator: Aleksandra Deanoska Trendafilova
rights: Copyright (c) 2025
date: 2025-10-14
publication date: 2025-10-14

THE NATIONAL IDENTITY NARRATIVE IN THE RELATIONSHIP BETWEEN THE MEMBER STATES FROM CENTRAL AND EASTERN EUROPE AND THE EUROPEAN UNION: A RECENT CASE LAW ANALYSIS
type: item
description: https://doi.org/10.55302/iplr2516201c This paper explores the argument surrounding protection of national identity which in recent years has underpinned the relationship between the European Union and some of the Member States from the region of Central and Eastern Europe, particularly Hungary, Poland and the Czech Republic. It relates to cases where national governments (as well as other institutions at the national level such as national courts) invoke the ‘national identity’ clause of Article 4(2) of the Treaty on European Union, concerning the EU’s duty to respect the national identities of its Member States, in order to derogate from rules and principles of EU law and justify actions at the national level that run counter to them (most notably, those related to compromising judicial independence, the rule of law, and democratic values). The analysis in the paper centers on Poland and the developments in this country as a pertinent case in point through which the practical applications of the ‘national identity’ clause are analysed, bringing into focus some more recent cases before the EU Court of Justice and the Polish Constitutional Tribunal. Equally, the paper reflects on the scope and breadth of the ‘national identity’ plea, inspecting the limits of a Member State’s discretion to employ national identity arguments in order to derogate from the primacy of EU legal rules and principles. Lastly, the paper also addresses the existence of a sometimesfluid dividing line between legitimate use and misuse (or abuse) of ‘national identity’ claims by Member States, whereby the ‘national identity’ arguments are being used as a pretext rather than an actual justification for contravening actions and practices.
subject: Articles
  topic: section
subject: EU
  topic: keywords
subject: National Identity
  topic: keywords
subject: North Macedonia
  topic: keywords
creator: Ilina Cenevska
rights: Copyright (c) 2025
date: 2025-10-14
publication date: 2025-10-14

CONFLICTING CONNECTIVITIES: LEGAL CONSIDERATIONS FOR NEGOTIATING GEOTECHNOLOGICAL RIVALRY
type: item
description: Among the dramatic global shifts of recent years, the sharpening of geopolitical rivalries between major powers – chiefly the United States and China – has particular significance for third countries and their legal systems. This rivalry has a prominent ‘geotechnological’ dimension, as major powers compete to build power through technological innovation, standardisation and diffusion while also securitising their domestic technology sectors against perceived threats from abroad. In this context, the ‘connectivity’ initiatives of major powers such as China, the United States and the European Union - which aim to build economic and other links with third countries - compete and even conflict. Under the pressures of trade war and actual war, an emergent global shift may be underway in the consolidation of rival geotechnological blocs. Indications of such a shift include hard legal tools such as trade barriers and the legislation of economic security mechanisms but also the creation of incentives for economic and technological collaboration within informal clubs of likeminded countries. These hard and soft tools amount to building blocks for ‘walled garden’ connectivity projects that run on incompatible operating systems. These developments create challenges for third countries and especially for the majority of states which rely on transnational investment and technology transfer for the further development of their economies and living standards. Even if not forced to ‘choose’ between competing blocs, these states face additional political, legal and economic frictions in their dealings with major powers. The challenge is particularly acute for the states of the Western Balkans, which remain outside the EU despite years or decades of ‘candidate’ status but which face the necessity of alignment with EU laws and policies as conditions of eventual EU membership. To varying degrees, the Western Balkan states have sourced investment and technology transfer from the EU and …
subject: Articles
  topic: section
subject: legal pluralism; technology; international economic law; connectivity
  topic: keywords
creator: Stephen Minas
rights: Copyright (c) 2025
date: 2025-05-26
publication date: 2025-05-26

ALTERNATIVE SENTENCES TO IMPRISONMENT AN OPPORTUNITY FOR JUVENILE INTEGRATION
type: item
description: Alternative sentences constitute a very important component in the context of the standarts of juvenile criminal justice. The Albanian legislation in this field has undergone positive developments responding to the needs for reforms for the purpose of its approximation with international standarts. Thus, it has undertaken a legal reform in order to guarantee a modern system of alternatives to imprisonment and to enable their application for juvenile offenders. Despite all of the changes, the reform has been incomplete in ensuring an efficient sytem of juvenile justice.This article addresses some aspects of the legal reform concerning the treatment of juvenile offenders, focusing on the system of alternative to imprisonment.
subject: Articles
  topic: section
creator: Jola Xhafo
rights: Copyright (c) 0
date: 2011-05-10
publication date: 2011-05-10

The Impact of Euro Atlantic Integration on Macedonian Business Environment: Can a Friendship be Measured with Numbers
type: item
description: The author of this paper is trying to give correlation between the economic growth and providing the legal certainty and rule of law as a standards asked form Macedonia to be fulfilled for their integration in Euro Atlantic Movement and European Union. Integration to the Euro Atlantic Alliance is involving very profound values, such as solidarity, rule of law, peace building etc. Those values are need in order to have vigorous society, which is precondition to have friendly business environment. The author of this paper is also underlining the methodological concerns for analysis of this kind.
subject: Articles
  topic: section
creator: Darko Spasevski
rights: Copyright (c) 0
date: 2017-03-08
publication date: 2017-03-08

TRENDS IN THE STATES RECOGNITION IN INTERNATIONAL PUBLIC LAW AND THE CASE OF MACEDONIA
type: item
description: The paper analyses the most recent trends in the international public law in relation to the institute of STATES RECOGNITION, which is particularly up-dated with the European experiences in recognizing the states that have been created following the dissolution of the socialist federations in Eastern Europe. The problem of recognition of the Republic of Macedonia, as a rare precedent in setting "standards", will be a sub-context thereof. This is the very basis of some possible conclusions (further in the text) influencing the previously mentioned trend, which are also broadened to include the UN` legal practice from the aspect of "interpreting" the UN Charter concerning the issue of admitting new member states.
subject: Articles
  topic: section
creator: Ljubomir Danilov Frchkoski
rights: Copyright (c) 0
date: 2013-03-06
publication date: 2013-03-06

THE IMPACT OF THE EU’S DIRECTIVE 2012/29/EU ON ESTABLISHING MINIMUM STANDARDS ON THE RIGHTS, SUPPORT AND PROTECTION OF VICTIMS OF CRIME TO THE MACEDONIAN CRIMINAL PROCEDURE
type: item
description: The authors of the paper discuss the compliance of the Macedonian criminal justice system with EU’s Directive 2012/29/EU on establishing minimum standards on the rights, support and protection of victims of crime. The purpose of this Directive is to establish minimum standards for ensuring that the victims of crime receive appropriate information, support and protection and whether they are able to participate in the criminal proceedings. In this fashion it is recommended to the member states to ensure that victims are recognized and treated in a respectful, sensitive, tailored, professional and non-discriminatory manner including specific guarantees when the victim is a child. Furthermore, any treatment of the child victim should take into account its best interests and shall be approached on an individual basis, considering the child's age, maturity, views, needs and concerns. Moreover, the authors are scrutinizing whether these standards are properly incorporated into the Law on Criminal Procedure and they provide substantial recommendations for additional changes and amendments to the law in order to achieve the abovementioned criteria into Macedonian national law.
subject: Articles
  topic: section
creator: Boban Misoski
creator: Divna Ilikj Dimoski
rights: Copyright (c) 0
date: 2019-05-31
publication date: 2019-05-31

TAXATION IN ERA OF GLOBALIZATION AND DIGITALIZATION Issues and Challenges on National Tax Sovereignty
type: item
description: For many years globalization and digitalization resulted in the internationalization of the world economy creating a number of possibilities for taxpayers, mainly legal entities. In such circumstances, companies have managed to incorporate a network of permanent establishments worldwide, while countries have benefited from the transfer of goods, services, assets, human capital, knowledge and technological innovations. For more than two decades this was perceived as a "win-win" situation, until multinational companies have become more inventive in finding methods to maximize profits, on one hand, and minimize taxes, on the other hand. Therefore, globalization and digitalization, differences in tax systems and territorial limitation of national tax sovereignty, have reshaped the international tax landscape. As a result, countries have been facing disrupted market fair play rules, the unreasonable competitive advantage of certain companies, distortion of tax systems and, perhaps most importantly, significant tax revenue losses. International organizations, such as OECD, EU and G20, have recognized the necessity for a systematic approach to efficiently fight tax avoidance, aggressive tax planning, transfer pricing and thin capitalization, to improve the coherence of international tax rules and ensure a more transparent tax environment. Currently, more than 135 tax jurisdictions are collaborating, by implementing the proposed measures and minimum standards in their national tax legislation, to at least reduce to the lowest possible level all the strategies that represent harmful tax practices, base erosion, and profit shifting to countries with more favourable tax systems, tax treaty abuse, and exploiting gaps and mismatches in tax rules to avoid paying taxes in the country where the economic activity is performed and where the profit is generated. Implementation and transplantation of such actions into the national legislation require political will and governmental det…
subject: Articles
  topic: section
creator: Elena Neshovska Kjoseva
rights: Copyright (c) 0
date: 2021-05-01
publication date: 2021-05-01

HERMENEUTICS OF THE MIGRATION CRISIS
type: item
description: In the following pages, I will try to examine how and why do juridical and political decisions on life and death of others incorporated as refugees in our contemporary times produce disposable lives, that are not recognized as worth living, and death that is not worth mourning and by that is death of the nameless multitude of corpses. The violent site of Fortress Europe is making even more tragic the biggest migration crisis after the World War II, and now the refugees who reach the soil of Europe are not in space common to others. When we analyze the ongoing crisis as an inner crisis of the subject, we are witnessing not only the techniques of dehumanization and desubjectivation, but even more – of desingularization.
subject: Articles
  topic: section
creator: Viki Mladenova
rights: Copyright (c) 2025
date: 2018-09-08
publication date: 2018-09-08

http://194.149.137.236/index.php/iplr/article/view/3748
type: item
title: AREAS IN THE CODE OF CRIMINAL PROCEDURE OF REPUBLIC OF MACEDONIA REQUIRING IMPROVEMENTS FOR PURPOSES OF HARMONIZATION WITH THE JURISPRUDENCE OF THE ECtHR WITH REGARDS TO THE APPLICATION OF THE DETENTION MEASURE
description: The ECtHR has so far brought a number of judgments against Macedonia finding violation of Article 5 of the ECHR. Although in most of these cases the violation derives and refers to the imposition, i.e. continuation of detention as a measure securing presence in a criminal proceeding, it should be noted that this is not the case with all judgments of the ECtHR finding violations of Article 5 of the ECHR. Still, this analysis shall focus exclusively on the group of judgments where the ECHR violation derives from circumstances relating to detention as a measure to secure presence in the criminal procedure. Moreover, the issues referring to the detention and the manner in which this measure is imposed and continued, in the light of the jurisprudence of the ECtHR, may also have some issues in common with other articles of the ECHR, such as Article 6 of the ECHR which guarantees the right to fair trial including the presumption of innocence.
subject: Articles
  topic: section
creator: Konstadin Bogdanov
rights: Copyright (c) 0
date: 2018-09-05
publication date: 2018-09-05

PHENOMENOLOGY OF CHILD DELINQUENCY IN MACEDONIA IN THE PERIOD FROM 2006 TO 2016
type: item
description: In this article, we made an effort to conduct statistical analysis of the phenomenology of child delinquency within the 10 – year period from 2006 to 2016 in order to see which type of criminality is most common for child delinquency. Firstly, we cross-up the data for the number of reported, charged and convicted children for crimes in the period of 2006 to 2016. This is especially important because not always the reported number of children corresponds with the number of charged and even less with the number of convicted children. This is because the measures that provide assistance and protection and other alternatives that the prosecutor has as an option in deciding whether to initiate a procedure significantly reduces the number of accused children in relation to the number of reported cases. From the analysis and comparison of the data, we can conclude that the phenomenology of child delinquency in Macedonia in the relevant period from 2006 to 2016 is mainly in the area of ​​crime against property with the highest percentage of both reported, accused and convicted for each of the years in this period. Next, we presented the total number of convicted children in the period of 10 years, according to the type of crime and we gave general remarks for child delinquency for the relevant period and recommendations for best preventive policy.
subject: Articles
  topic: section
creator: Gordana Lazetic Гордана Лажетиќ
creator: Lazar Nanev Лазар Нанев
creator: Olga Kosevaliska Олга Косевалиска
rights: Copyright (c) 2025 Iustinianus Primus Law Review
date: 2018-09-04
publication date: 2018-09-04

PROCEDURAL LEGAL STANDING (LEGITIMATIO AD PROCESSUM)
type: item
description: The procedural legal standing (legitimatio ad processum) in the continental procedural systems is not standardized legal institute of the civil procedural law, so it is a creation of the theory of the civil procedural law and judiciary. The legal gap of the institute procedural legal standing makes this institute a real enigma of the modern civil procedural law. This thesis is due to the fact that the legal standing is narrower institute from the legal interest, and a broader institute from the substantive legal standing (legitimatio ad causam). That &#39;s why it is a real challenge is to answer the question does the procedural legal standing has its own independent process function vis-à-vis the legal interest and substantive legal standing (legitimatio ad causam), and what is the technique for its determination?
subject: Articles
  topic: section
creator: Dijana Gorgieva Дијана Горгиева
creator: Zorica Stoileva Зорица Стоилева
rights: Copyright (c) 2025 Iustinianus Primus Law Review
date: 2018-09-03
publication date: 2018-09-03

CONSTITUTIONAL JUSTICE IN THE REPUBLIC OF MACEDONIA MACEDONIAN CONSTITUTIONAL COURT - LEGAL SYMPHONY OR LEGAL CACOPHONY?
type: item
description: The constitutional justice is an exceptionally important category in every democratic legal system. Through the capacity and the quality of protection of the constitutional justice, the state is valued, among the other things, to which extend it respects the rule of the law, and how committed it is to the realization of the European standards in the legal system. The supremacy of the constitution, as well as the respect for the hierarchy of the legal acts, both domestic and international, is a key precondition for the existence of the constitutional justice in the state. And not by chance, the constitutional justice is one of the main ingredients in the rule of the law. By limiting the legislative and the executive government, as Mauro Cappelletti would say, the constitutional judiciary &quot;puts the crown on the rule of law”. 2
subject: Articles
  topic: section
creator: Tanja Karakamisheva Jovanovska Тања Каракамишева Јовановска
rights: Copyright (c) 2025 Iustinianus Primus Law Review
date: 2018-09-06
publication date: 2018-09-06

BEYOND PARALLEL DEMOCRACY?
type: item
description: In ethnically divided political systems, the election campaign and ethnic tensions usually has a strong mutual connection. However, although election campaigns could provoke tensions (which usually does) their intensity, or at least their visibility in successive election cycles is on a different scale. From a theoretical perspective, the occurrence of tensions during elections in ethnically divided societies is not a controversial process. Based on past experience, ethnic tensions could be predicted in a political system composed entirely or partially from ethnically defined political parties, as a process usually accompanied with common allegations from both sides of the ethnic barrier for the responsibility of its emergence. Although, usually the both sides has their share in intensification of ethnic disputes during elections, it could be not neglected, that depending on observed election period in general, one side is more persistent in amplification on its ethnic agenda, than the other. The favorable public attitude on different pre- election policies and election programs, especially concerning ethnic provisions, is of a paramount importance for the campaign decisions made by the ethnic political elites, who are hardly ever prepared of pursuing the unfavorable (among its own ethnicity) political solutions which can endanger their popularity, and more important, that could not ensure new votes. Therefore, the election campaigns of political parties in divided societies are mainly based on attitudes which could ensure immediate inclusion among its own ethnic group, especially from the so called “extreme voters.” This part of the electorate is easier to be attracted with profoundly elaborated ethnic agenda, especially if a party is faced with downfall support or it is not included in the Government (opposition party). Those pre-election agendas are easier and more exploited by the parties, than the creation of an ethnically exclusive, but inter-ethnically inclus…
subject: Articles
  topic: section
creator: Vladimir Bozinovski Владимир Вожиновски
rights: Copyright (c) 2025 Iustinianus Primus Law Review
date: 2018-09-07
publication date: 2018-09-07

SPECIAL FEATURES OF ROMAN SERVITUDES
type: item
description: The main goal of this article is to present the position, as well as the some of the most important characteristics of the roman servitudes. Having on mind the fact that they can be related to the modern types of servitudes, this article gives a detailed explanation of the ancient roman jurists’ idea how to incorporate the servitudes in the system of the property law. Therefore in this occasion are especially noted the similarities as well as differences between the property-legal institutes, and main principles of Roman servitudes.
subject: Articles
  topic: section
creator: Esin Kranli Bajram Есин Кранли Бајрам
rights: Copyright (c) 2025 Iustinianus Primus Law Review
date: 2018-09-09
publication date: 2018-09-09

ENFORCEMENT TITLES AS GROUND FOR ENFORCEMENT IN MACEDONIAN LAW
type: item
description: This article analyzes the enforcement titles as ground for enforcement procedure in Macedonian law. Without existence of an enforcement title, no forcible enforcement can be carried out (nulla executio sine titulo). Due to the character of the enforcement proceedings and the coercive nature of the actions and activities that are carried out in order of realization of a particular monetary or non-monetary claim, the existence of the claim that should be collected in the proceedings for forcible execution must be determined by a certain qualified title. The enforcement title (titulus executionis) is a public document that determines the existence of the claim, its due, and the identification of the parties in the enforcement proceedings in an authoritative and certain manner. According to Macedonian law enforcement titles are the following: an enforceable court decision and court settlement, an enforceable decision and settlement in an administrative procedure if designated for fulfillment of a monetary claim, an enforceable notary public title, a conclusion of the enforcement agent determining the enforcement costs, a decision for issuing a notarial payment order and other title considered under the law as enforcement title including the assumptions and conditions for each executive title. In addition, this article also elaborates the role of the enforcement agents in the enforcement procedure from the aspect of their competencies related to enforcement titles. For this purpose, the article presents the conditions for appointment of an enforcement agent, their authorities and duties according to the Law on Enforcement of the Republic of Macedonia. Enforcement titles actually guarantee safe and complete fulfillment of the creditor&#39;s claim. Therefore, in the legal system, it is particularly important to have enforcement titles that will authoritatively determine the creditor&#39;s claim.
subject: Articles
  topic: section
creator: Aneta Boshkovska Анета Бошковска
rights: Copyright (c) 2025 Iustinianus Primus Law Review
date: 2018-09-02
publication date: 2018-09-02