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Corruption as an obstacle to the rule of law and economic development
Get PDFWithin the framework of the paper, the author elaborates on the issue of corruption and its harmful effect in several segments of social life.
It is emphasized that corrupt actions are a negation of the value system which is based on modern civilizational understandings. By denying the system of values, corruption creates a parallel system contrary to the normatively defined one, that is, it acts as its counterthesis and through it opposite effects are created, that is, a parallel system that is aimed at circumventing and breaking the established rules and creating a chaotic state.
In that direction, the author also presents the relationship between corruption and the rule of law, completely opposite concepts, where corruption is the negation of the rule of law. If the rule of law is in the direction of the correct application of norms by independent institutions with institutional and personal integrity of employees, then corruption is aimed at undermining such integrity and managing institutions in a way that allows abuse of public powers by individuals or groups .
The author emphasizes the impact of corruption on economic growth, the level of poverty and the existence of organized crime. All of these relationships have a common point of connection, which is the disruption of the financial system and enabling the enrichment of corrupt persons through the violation of legal norms.
The high level of corruption in a country has a strong negative effect on economic development, since state resources are spent in a way that is contrary to what is legally established, through various forms of abuse, mostly in the area of public procurement, through embezzlement, fraud and similar actions. In addition, the author emphasizes that the high degree of corruption does not create competitive conditions, but illegal monopolies are created and maintained as such, and foreign investors avoid such countries for investment because there is legal uncertainty and dysfunctional institutions.
Through the analyzing of the relationship between corruption and organized crime, the author emphasizes that countries with weak institutions and a high degree of corruption are particularly vulnerable, and there the groups that deal with organized crime grow stronger. The author points out that the more organized crime groups become financially powerful, the more their efforts to infiltrate politics, that is, institutions, and therefore also in the implementation of legal regulations, will strengthen. This is a particularly dangerous situation and if they succeed in such a goal, then there are serious problems in the functioning of the legal state
Effectiveness of Macedonian anti-corruption legislation and implementation gaps
Get PDFThe paper addresses a crucial issue in the fight against corruption, which is whether anti-corruption legislation is effectively implemented in practice.
The author has conducted an analysis of the implementation of several essential competencies of the State Commission for the Prevention of Corruption, as well as data from competent institutions on persons convicted of corruption crimes.
The paper emphasizes that North Macedonia has a generally good legal framework for the fight against corruption, but weak implementation, which has also been noted in reports by international organizations, is a fundamental problem for the proper fight against corruption.
The author pays special attention to the level of implementation of the strategic document for the fight against corruption - the National Strategy and the consequences of the poor implementation of this document.
The paper uses the method of content analysis, as well as the statistical method. In addition, official data from competent institutions were used.
Strengthening the fight against corruption is a prerequisite for the rule of law and in this direction it is necessary for the competent institutions to take action to fully implement their competencies, which implies normative and institutional changes in order to achieve effective implementation of the regulation
Achievements and challenges of Probation agencies in Southeast Europe
Get PDFThe central topic of the paper is the level of development of probation services in the countries of
Southeast Europe. Namely, by presenting statistical data, the author creates a picture of the operation of probation
services in each of the mentioned countries. In addition, a brief description of institutional and normative
development is provided for each.
The need for next steps is emphasized because according to certain indicators, these countries have the
extreme values (highest and lowest). This points to the fact that matter is still evolving and looking for its optimal
place.
Basically, the creation and development of the probation service is a process that takes a long time. In no
case should a hasty decision or copying of legal norms from another country be made.
The author emphasizes the fact that in macedonian penal system alternative sanctions and measures, as
a type of sanctions, were introduced in 2004, the law on probation was adopted in 2015, while the first cases of
the probation service were in 2018/2019. With these data, the author points out the importance of the factor -
timeliness in the implementation of reforms, as an essential condition for the success of the efforts to implement
alternative penal policy in the countries of Southeast Europe.
The author emphasizes that probation services should have a higher degree of independence, sustainable
budget, and quality staff selected objectively.
The author notes that, compared to the countries of Western Europe, the process of creating and
functioning of probation services in the countries of Southeast Europe is very slow, which has an impact on the
fight against crime and the overall penal policy
Risks of corruption during COVID-19
Get PDFThe paper addresses the issue of risks of corruption during
dealing with the pandemic that marked 2020, ie COVID -19.
Namely, the crisis caught almost all countries and imposed the need for urgent measures to reduce the harmful consequences.
However, the shortening of deadlines or simplification of
procedures has created conditions for the occurrence of corrupt activities, ie, misuse of state resources for private purposes.
In the paper, the most risky points for corruption during the COVID-19 crisis are public procurement, economic assistance from the state to citizens and companies, as well as the decline of integrity.
The paper lists several scandals of a corrupt nature during the pandemic that arise from the above-mentioned risk points, which include procurement at extremely high prices, low quality of goods, secrecy of the procedure, missing humanitarian aid,abuse of quarantine.
The paper emphasizes that the most effective tool for fighting corruption is transparency, and in terms of COVID -19 and the challenges it brings, transparency should be at a higher level.
Accountability, informing the citizens, access to public
information are tools aimed at reducing the risks of corruption,strengthening trust in the system and the rule of law
Практична имплементација на правните решенија за конфискација и ефектите на владеењето на правото
Get PDFВо рамките на трудот се обработуваат нормативните решенија за конфискација на имот и
имотна корист содржани во македонското казнено законодавство, нивната практична имплементација,
како и ефектот во практиката.
Доколку имотната корист е стимулот за извршување на кривичното дело, тогаш конфискацијата
од страна на државата е неговата спротивност. Комбинацијата на казна со мерка конфискација е силна
структура преку која се постигнуваат повеќе ефекти.
Правилната примена на конфискацијата има силно влијание врз превенцијата, како генерална
така и специјална. Така, доколку мерката има успешна практична примена тогаш резултатите во
справувањето со криминалот ќе бидат поголеми, а со тоа владеењето на правото ќе биде на повисоко
ниво.
Во рамките на трудот авторот дава посебен осврт на одредбите за конфискација на имот и
имотна корист како и на предизвиците за подобрување на оваа материја, поаѓајќи од фактот дека во
глобални рамки се става голем акцент на враќање на незаконски стекнатиот имот на државата.
Имено, авторот нагласува дека враќањето на имотот е предуслов за воспоставување на правдата
и правната држава.
Во трудот авторот се осврнува и на меѓународните искуства и иницијативи во оваа област кои се
неопходен инструмент за соработка. Размената на знаења и искуства, како и градењето на
институционални решенија од поширок карактер се фактори кои влијаат на усогласувањето на
домашната рамка со глобалните напори за спречување на незаконското богатење
The effects of alternative measures in Macedonian criminal legislation
Get PDFAlternative measures were introduced into the Macedonian penal system in 2004 with the aim of
reducing prison overcrowding and strengthening the application of the principle of individualization.
The aim is to apply community treatment for minor crimes, i.e. the perpetrator is not placed in a
penitentiary institution.
This paper has as its subject of research the effects of the application of alternative measures in practice,
starting from the fact that 20 years have passed since their normative regulation.
The results of the research showed that the essence of the alternative penal policy in North Macedonia
has not been achieved. Namely, for a long time there was an institutional gap that imposed the need to
create a Probation Service through the adoption of the Probation Law.
The first results of the Probation Service appeared in 2019. The research shows that in the following
years the numbers have improved, but institutional inconsistency, different approaches and poor
implementation of measures requiring supervision in the community have been shown.
The research showed that even after 20 years, the dominant alternative measure is the suspended
sentence (without supervision), in fact, this measure has retained the monopoly it had before the
introduction of alternative measures. In addition, there has been no significant reduction in the prison
population in order to adequately treat convicts in prison and their rehabilitation.
The research applied the methods of content analysis and the statistical method, and also used data from
several competent institutions
The importance of full implementation of the provisions of asset recovery in the fight against corruption
Get PDFThe fight against corruption has no effect if from the perpetrator of the corrupt
act have not been confiscated the goods or assets that he acquired illegally.
This paper highlights the obstacles to international cooperation for the return
of the stolen asset. It is a fact that in the past, almost two decades, since the adoption
of UNCAC, a lot has been done in the field of prevention, criminalization, as well as
international cooperation, but in the area of asset recovery, greater results are missing.
It is basically property acquired in a corrupt manner, mainly in developing
countries and transferred to developed countries. In this way, criminals gain enormous
wealth, and on the other hand, poverty in the country of origin increases due to loss of
resources.
The paper presents specific examples of asset recovery. These are cases where
the procedure lasts for many years, involving high political figures, and huge sums of
money.
The paper gives several recommendations for improving the internal
regulations of the countries, but also for the international cooperation in order to
increase the detection of cases of stolen asset taken in other countries.
Rapid honest cooperation between requesting jurisdiction and requested
jurisdiction is essential for detecting, seizing, freezing, confiscating and returning a
stolen asset.
The importance of the StAR Initiative is great, but still the dark number of
corrupt acts with a stolen asset, transferred to another jurisdiction, is large
Confiscation as an essential tool in the fight against the crime of Money laundering and other criminal proceeds
Get PDFThe paper deals with the relationship between the measure of confiscation and the crime of money laundering and other proceeds of crime. Since this crime belongs to the group object of protection - public finances, payment transactions and economy, it follows that processing is carried out at a higher level, that is, confiscation - financial crime.
The paper provides a detailed presentation of money laundering as a criminal behavior, covering its characteristics, stages of realization and harmful effects.
In the further part of the paper, the Macedonian penal-legal solution is elaborated, which sanctions money laundering as a crime, both in its basic form and in its more serious forms. This elaboration is also accompanied by statistical data from competent institutions that have competences in relation to the criminal prosecution of money laundering and other criminal proceeds.
The paper deals in detail with the material and formal approach to confiscation according to the Macedonian legislation, i.e. first presents the grounds and method of confiscation, and then deals with the procedure for confiscation, confiscation by third parties and extended confiscation. Particular attention is paid to the special procedure for confiscation, as well as to the new legal solution or the new instrument for confiscation known as confiscation of property in civil proceedings.
The last mentioned solution is the result of the state's efforts to protect the public interest and the rule of law and to confiscate property or other benefit acquired by committing a crime if, through the provisions of the penal legislation, there are no possibilities to succeed in the confiscation of such property.
The paper emphasizes that financial crime knows no state borders and that it uses all the technological resources that have been created in modern society, and therefore the importance of international criminal legal assistance and the need for quick and efficient cooperation in the fight against financial crime is emphasized
The Effectiveness of North Macedonia’s Legal and Institutional Framework for Combating Human Trafficking
Get PDFHuman trafficking is a global problem that fundamentally violates human freedoms and rights because a person is treated as an object exposed to various forms of exploitation, primarily sexual, forced labour, slavery, violation of bodily integrity, and other unlawful acts. The paper focuses on the normative and institutional framework of North Macedonia for combating human trafficking with an emphasis on effectiveness, i.e. the extent to which the established framework achieves its goal. The hypothesis of the research is that the creation of a national normative and institutional framework for combating human trafficking is not in itself a guarantee that it will be effective, i.e. that a substantive approach by the state is needed in the implementation of policies and the provision of the necessary resources for effectiveness. The research resulted in conclusions that point to several weaknesses in the framework for combating human trafficking in North Macedonia, including the lack of resources among competent institutions, inadequate sanctioning practices, weaknesses in coordination, and inadequate assistance and protection of victims. The paper contains several proposals for improving the effects of the fight against human trafficking, which are aimed at all segments of the social response through awareness-raising, education, prevention and repression. Several methods have been applied, namely, content analysis, historical and comparative methods. The paper also presents statistical data from several national and international institutions and organisations
THE EFFECTS OF ALTERNATIVE MEASURES IN MACEDONIAN CRIMINAL LEGISLATION
No full textAlternative measures were introduced into the Macedonian penal system in 2004 with the aim of reducing prison overcrowding and strengthening the application of the principle of individualization. The aim is to apply community treatment for minor crimes, i.e. the perpetrator is not placed in a penitentiary institution. This paper has as its subject of research the effects of the application of alternative measures in practice, starting from the fact that 20 years have passed since their normative regulation. The results of the research showed that the essence of the alternative penal policy in North Macedonia has not been achieved. Namely, for a long time there was an institutional gap that imposed the need to create a Probation Service through the adoption of the Probation Law. The first results of the Probation Service appeared in 2019. The research shows that in the following years the numbers have improved, but institutional inconsistency, different approaches and poor implementation of measures requiring supervision in the community have been shown. The research showed that even after 20 years, the dominant alternative measure is the suspended sentence (without supervision), in fact, this measure has retained the monopoly it had before the introduction of alternative measures. In addition, there has been no significant reduction in the prison population in order to adequately treat convicts in prison and their rehabilitation. The research applied the methods of content analysis and the statistical method, and also used data from several competent institutions
Keywords: treatment in the community, probation, resocialization, warning, assistance and supervisio
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