МАКЕДОНСКИ ЕКСПЕРИМЕНТ ВО ПРЕКРШОЧНОТО ПРАВО: ДРЖАВНИТЕ КОМИСИИ – СУПСТИТУТ НА СУДОВИТЕ
MACEDONIAN MISDEMEANOR LAW EXPERIMENT: STATE COMMISSIONS WHICH SUPSTITUTE COURTS

Author(s): Ana Pavlovska Daneva, Konstantin Bitrakov
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Makedonska akademija na naukite i umetnostite
Keywords: Misdemeanor; Misdemeanor Procedure; Complaint; State Commission; Administrative Judicial Protection
Summary/Abstract: This paper deals with the misdemeanor procedure in the Republic of Macedonia, more specifically the one related to the administrative offences. Namely, the illustrated analysis of the Law on Misdemeanor's (from 2015) provisions speaks of a great anomaly in the respective legal regime; that is the existance of a complaint procedure or, in other words, the fact that the rules are such that the administrative offences procedure is longer than the criminal one. Nevertheless, it is not merely the legal remedy of complaint that is examined, but also the authority founded to decide upon it – the State Commission for Second Instance Decision in Inspection Supervision and Misdemeanor Procedure. The primary idea is that these rules ought to be amended as soon as possible, i.e. that neither the legal remedy of complaint nor the authority referred to should exist. This thesis is based on several arguments among which the nature of the administrative offences procedure, the comparative legal framework as well as several indicators for the successes (if any) in the implementation of the current legislation.

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