UGD Publishing System (Goce Delcev University - Stip / Университет „Гоце Делчев“, Щип)
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THE APPLICATION OF THE ECHR AND ITS JURISPRUDENCE BY ALBANIAN CONSTITUTIONAL JUDGES IN CRIMINAL DISPUTES
No full textThe application of human rights is one of the main variables that
measure the democratic status of a country. While in traditional
literature, public law, which includes human rights, and criminal
law were divided, in recent years, judges have also applied human
rights in legal decisions related to criminal cases. This is more
evident in the case of Albania, where an individual constitutional
complaint against the violation of human rights has also been
established in the Constitution. In other words, after the decision
of the Supreme Court, citizens have direct access to the
Constitutional Court, if their human rights have been violated.
This paper studies the individual constitutional complaints in
criminal cases in Albania. The case of Albania was chosen as one
of the countries with a previous totalitarian regime
FUNDAMENTAL BREACH OF CONTRACT AND DEBTOR’S CONDUCT: WHAT’S FAULT GOT TO DO WITH IT?
No full textAlthough an autonomous legal institute of international contract law, the seeds of the doctrine of fundamental breach of contract may be followed to the ‘seriousness’ requirement present in comparative contract law. Notwithstanding its autonomous notion, the article examines the role of debtor’s conduct in finding a case of fundamental breach. Comparative, international and European legal rules and practice are hence analyzed by putting emphasis on the role of debtor’s conduct. In terms of current legal rules, one may certainly draw a conclusion that debtor’s conduct, especially where it amounts to a fault of a greater degree, makes the finding of a case of fundamental breach of contract more probable. Available case law demonstrates the continuous relevancy of debtor’s fault for finding that fundamental breach has occurred. Such a relevancy, in the view of the authors, is inherent to the morality of promising and cannot be bypassed by introducing a neutral concept of fundamental breach of contract. Analyzed case law shows that courts and arbitrators do consider debtor’s fault; although by omitting its express mentioning. The authors contend that debtor’s fault does and should play a role for the purposes of establishing a uniform notion of fundamental breach of contract. At the end of the day, this is an inevitable consequence of the inherent morality of contractual obligations
THE IMPACT OF CULTURAL POLICY ON NATIONAL IDENTITY IN KAZAKHSTAN: AN EMPIRICAL ANALYSIS
No full textThe nation-building process in modern Kazakhstan faces the challenge of forming a consolidated territorial community. Citizens of the country are confronted with a choice between Kazakh and Kazakhstani identity, navigating between its ethnic and nation-state variations. Cultural policy is intended to facilitate national consolidation by minimizing ethnocultural contradictions within the state. The objective of this study is to examine the impact of cultural policy on Kazakhstan’s national identity through empirical analysis. The study adopts a cultural and politico-cultural approach, focusing on the influence of Kazakh culture and the mentality of the Kazakh people on state formation. Additionally, a constructivist methodology is applied to analyze the role of governmental and non-governmental institutions in shaping political reality. A survey was conducted using a quantitative research method. Data collection was carried out through the CAWI (Computer-Assisted Web Interviewing) technique and a structured questionnaire developed in advance. The findings reveal that ethnic Kazakhs exhibit a strong attachment to the Kazakh language and cultural events, whereas ethnic Russians tend to maintain a closer connection to their own language and traditions. Ethnic Russians demonstrate lower participation in Kazakh cultural life and significant resistance to the transition of the Kazakh language to the Latin alphabet
SUPPORT FOR CHILDREN WITH DOWN SYNDROME IN PRIMARY SCHOOL
No full textInclusion in the educational process is a concept focused on providing equal opportunities for all students, regardless of their individual abilities, background, or needs. The primary goal of inclusive education is to create a school environment in which every student can develop and thrive, regardless of their specific needs or challenges. In order to ensure equal access to the educational process and to improve the academic and social outcomes of these children, it is important to implement specialized strategies and support methods in primary education. The application of these strategies and resources not only enhances the academic success of children with Down syndrome but also promotes their inclusion and social integration within the school environment. To achieve the best results, effective communication and collaboration between teachers, parents, and specialists are of crucial importance
A STUDY ON HALİD ZİYA UŞAKLIGİL’S NOVEL “NEMİDE”
No full textThis article focuses on the life and works of Halid Ziya Uşaklıgil, a prominent figure in Turkish literature. The analysis centers particularly on his novel “Nemide” exploring its main plotlines, character analyses, use of time and space, and themes. The article delves into Nemide\u27s early birth, love, intrigues, and the dramatic elements shaping the story. It emphasizes the typical features of the novel and highlights how the author paved the way for a realistic-psychological novel trend. The character analyses of Nemide, Nail, and Nahit, key figures in the novel, are presented, and the social environment and character portrayals are discussed with a realistic approach. Additionally, the article underscores the prevalence of love in the work and the author\u27s commitment to a realistic mindset. In general, the article provides an evaluation of Halid Ziya Uşaklıgil\u27s significance in Turkish literature and the importance of the novel “Nemide”.
Keywords: Halid Ziya Uşaklıgil; Turkish literature; Nemide (novel); Realistic-psychological novel; Character analysis
LEGAL FRAMEWORK AND APPLICATION OF THE PROHIBITION ON COMPETITIVE ACTIONS IN THE EMPLOYMENT RELATIONSHIP
No full textThe subject of analysis in this paper is the regulation of competitive action in Macedonian labor legislation through legal and contractual clauses, designed to protect the interests of both employers and employees. During the employment relations, a legal prohibition of competitive action is set. This restriction is not absolute and can be annulled if the employer gives its consent. After the termination of the employment relations, the employer and the employee can agree on a contractual prohibition of competition. This legal mechanism is in accordance with international standards, as well as the principles of fairness and balance in labor relations, which will not only ensure the protection of the interests of employers, but also the protection of the rights of employees
ANALYTICAL STUDY OF HATE CRIME MOTIVATED BY ETHNIC AFFILIATION IN THE REPUBLIC OF NORTH MACEDONIA DURING THE PERIOD 2018-2022
No full textThis paper examines hate crimes motivated by ethnic affiliation in the Republic of North Macedonia during the period 2018–2022. The study relies on empirical data processed from reports by the Helsinki Committee for Human Rights, revealing that ethnic bias is the most prevalent motive behind hate crimes in the country. The findings indicate that such incidents predominantly involve young individuals from different ethnic backgrounds, primarily ethnic Macedonians and Albanians. Through quantitative analysis, the research identifies patterns of increase, stagnation, or decrease in hate crime occurrences, contextualized within broader social polarization and the institutional response. Furthermore, the paper addresses the normative legal framework and the role of law enforcement and the judiciary in tackling hate crimes, offering concrete recommendations for prevention, prosecution, and reintegration of offenders
COMPARATIVE ANALYSIS OF THE PENETRATION SYSTEM OF THE REPUBLIC OF N. MACEDONIA WITH THE SYSTEMS OF MORE DEVELOPED EUROPEAN COUNTRIES
No full textThis paper aims to conduct a comparative analysis of the penitentiary system in the Republic of North Macedonia with some of the most developed European countries, such as the Netherlands, Norway, and Sweden . The research focuses on key aspects of prison systems, including detention conditions, reception departments, rehabilitation programs, rehabilitation therapies, reforms, international cooperation, classification by degree of severity, management of institutions, and respect for human rights. Through the analysis of statistical data, the legislative framework, and international reports, the paper highlights the strengths and weaknesses of the Macedonian penitentiary system compared to some European models, which are known for their humanity, efficiency, and resocialization.
The results indicate significant differences in infrastructure, staff training, and even the application of modern rehabilitation methods, highlighting the challenges faced by North Macedonia, such as limited financial resources and slow reforms. The paper concludes with recommendations for aligning the Macedonian penitentiary system with European standards, emphasizing the need for investment in training, modernization of facilities, and strengthening external oversight mechanisms. This comparison provides insights into possible directions for improving the system in accordance with the principles of justice and humanity, aiming to enhance the entire system in Macedonia
ASYLUM POLICY: THE CASE STUDY OF JULIAN ASSANGE AND INTERNATIONAL RELATIONS
No full textThis paper examines the complex dynamics of asylum policy in the context of international relations through a comprehensive case study of Julian Assange. As the founder of WikiLeaks and a prominent whistleblower, Assange sought asylum in the Ecuadorian embassy in London to avoid potential extradition to the United States. The thesis analyzes the motivations behind Assange’s efforts to seek asylum, exploring the legal challenges he faced, including the Swedish allegations and the broader implications for government transparency and whistleblower protection. The study delves into the diplomatic implications of Ecuador granting Assange asylum, which strained relations between Ecuador, the United Kingdom, and the United States. It highlights the interplay of human rights considerations in Assange’s case and the global impact on asylum seekers\u27 rights. Furthermore, the research examines the role of media coverage in shaping public opinion and the influence of international responses to Assange’s asylum request. With global media at the forefront, the case underscored the complexities surrounding asylum policy and its intersection with press freedom. Drawing from a comparative analysis of other high-profile asylum cases, this research explores the broader political context in which Assange’s case unfolded, shedding light on the intricacies of state interactions concerning whistleblowers and government transparency. Ultimately, this study contributes to a deeper understanding of the complexities and challenges of asylum policy in the realm of international relations, offering valuable insights into how nations respond to individuals seeking asylum in an ever-changing global political landscape
GENERALIZATION OF APPLICATION OF FUNDAMENTAL LEMMA OF VARIATIONAL CALCULUS
No full textVariational calculus studied methods for finding maximum and minimum values of functional. It has its inception in 1696 year by Johan Bernoulli with its glorious problem for the brachistochrone: to find a curve, connecting two points A and B , which does not lie in a vertical, so that heavy point descending on this curve from position A to reach position in for at least time. In functional analysis variational calculus takes the same space, as well as theory of maxima and minimum intensity in the classic analysis.
In this paper we will prove a theorem for functional where proves that necessary condition for extreme of functional is the variation of functional is equal to zero