THE CONCEPT OF THE PREVIOUS QUESTIONS IN ACCORDANCE WITH THE MACEDONIAN LAW AND PRACTICES

To study the institute of “previous question “beyond judicial practice is purposeless inany aspect of jurisprudence. Inspired by the practical application of this instrument, simultaneously takinginto account the theoretical concept and the complexity of the problem, this paper will approach thecomprehensive analysis of the “previous/prejudicial issue” with a focus on judicial perception in concreto.The previous question can be analyzed from criminal law, civil law, administrative, bankruptcy,etc. perspective. In the area of civil law, we insert business law because the rules for both of these areasare identical, and the courts that dispute these questions of business and civil relationship are identical.However, the aim of the article is not to study criminal, administrative, bankruptcy or civil procedureseparately. The aim of the article is to explore the concept of “previous question’ using interdisciplinaryapproach, systematical methods, in the context of criminal, administrative, bankruptcy andbusiness law issues. Nevertheless, we emphasize the role of the legal standards applicable from thedomestic courts during determination of the subject or taking attitude in terms of “previous questions “.Keywords: termination of the procedure, incidental question, decision, validity, previous questionin civil procedure

Children's right to a healthy environment

Protection of the environment is the basis for the development of the quality of life - including the rights of the child. While multilateral environmental agreements recognize the need to protect and preserve the environment for future generations, few treat the current generation of living children as distinct from other age groups. The child's right to a healthy environment is guaranteed by the CRC (Convention on the Rights of the Child) and other international documents. The Convention on the Rights of the Child has improved the child's procedural position in judicial and administrative procedures that refer to his interests. This Convention regulates the fundamental rights of the child for the first time. Article 12 of the UN Convention is one of the basic pillars of the Convention. It enables the child to be a real subject of the law, not just a passive object of protection that the parents or competent state authorities should provide. The recognition and guarantee of this basic right are by the modern idea of the rights of the child, the implementation of which takes place through two parallel processes: through the expansion of the limits of the business and procedural legal capacity of the child and through the constitution of special, called participatory rights, which allow the child to influence his position to a greater extent. According to the new concept, the rights of the child are not derived from parental rights and duties as their correlative, they are already independent, personal rights that belong to the child as their bearer. The child is no longer an object of the parental authorities, nor is he exclusively subject to the protection of his parents and other people, the child gets the right to protect only his rights by his age and mental maturity. The child can appear in a different procedural role (the role of a party, participant, and witness) in a civil-judicial proceeding. Children, especially those from the most vulnerable and marginalized backgrounds, are more exposed to and disproportionately affected by all types of environmental damage than any other group, despite being the least responsible for it. Almost every child on earth is exposed to at least one type of climatic and environmental hazard, shock, or stress, which affects their ability to fully realize the rights guaranteed to them. Children are particularly vulnerable to certain environmental risks, including air pollution; inadequate water, sanitation, and hygiene; hazardous chemicals and waste, radiation; and climate change; as well as the threats that appear as e-waste. Environmental education of preschool children is an important stage in a child's development. During this period, little people begin to take a real interest in the world around them. Teachers, speaking in the broadest sense of the word, are a key element of the educational process, starting from the preschool education of children, towards primary and secondary education. Therefore, research aimed at them is needed because only with a proper understanding of their attitudes, demands and needs, can we expect a successful implementation of the Program. The norms and principles of CRC, above all children's rights with environmental implications, must become guidelines for national and international environmental and sustainability policies. The CRC is the most frequently ratified human rights treaty and member states are expressly obliged to take all appropriate measures to implement children's rights (Article 4 CRC). For this to happen, children's rights must reach all policy areas that affect the children. This includes environmental and sustainability policy

Улогата на Центарот за социјални работи во граѓанско-судските постапки

Центарот за социјална работа како носител на комплексна правна заштита на семејството има задача да врши постојан надзор над родителските права. Законските решенија му овозможуваат на центарот за социјална работа да има различни овластувања во доменот на материјалното право, па оттука и различна процесна улога во парничната постапка, во општите и во посебните. Во трудот, авторот прави детална анализа на улогата на центарот за социјална работа во управната и парничната постапка. Истакнува дека центарот за социјална работа (како управен орган) има многу широки овластувања кои се од непосредно значење за развојот на децата, за разлика од судот. Постојното законско решение е во спротивност со Конвенцијата за правата на детето на ООН, која во однос на уредувањето овие прашања предвидува судска контрола и надлежност на судот секогаш кога се одлучува за правата и интересите на детето. Целта на ова истражување е да се укаже на слобостите и да се предложат нови решенија кои de lege ferenda нема да предизвикат последици во пракса, имајќи го во предвид фактот дека во овие постапки фокусот е ставен на најдобриот интерес на детето. Последиците во пракса кои доведуваат до сериозни проблеми за децата и родителите упатуваат на алармантна потреба од реформи во семејното законодавство

Expertise as evidence in civil procedure

An expert can be any person who can be a witness and who has appropriate professional knowledge. An expert appears in litigation in two ways: as an assistant to the court, and as a means of evidence. As a rule, in practice, courts excessively rely on the findings and opinions of experts when making decisions.The subject of analysis is the comparative legal aspects of the "expertise" institute, as a means of evidence in litigation. Considering that there is no legal regulation that makes a clear distinction between expertise as a means of proof and providing expert opinions, this issue deserves attention. Starting from the great role and importance of expert testimony in litigation proceedings and in a broader social context, the author aims to analyze the theoretical aspects, legal decisions, and Macedonian judicial practice. For that reason, the author believes that the responsibility and precision of the expert will contribute to greater efficiency, economy, and effectiveness of the procedure on the one hand, which will result in a legal and fair decision on the other hand. Keywords:expert, expert, expertise, responsibility, litigant, cour

Criteria for determining well-known trademarks and their application in court proceedings in case of infringement

In modern business conditions, under the influence of the process of globalization, the information revolution, and the concentration of capital in capital companies around the world, well-known trademarks have become a brand that has greatly contributed to the increase of companies' profits. The author first makes a distinction between trademarks vis a vis well-known trademarks. Through the analysis of well-known trademarks, indicates the departure from the classical conception of the legal protection of signs with trademarks in case of infringement. Furthermore, it examines the new legal rules through the prism of judicial practice, both in relation to the national legal framework and in relation to their relationship with comparative legislation. This is in order to expand the treatment of legal protection, to provide greater legal certainty to the holder of the right on the one hand, and to protect consumers on the other hand. Kew words: well-known trademarks, bad fair, legal protection, unfair competitio

Property legal disputes of former spouses

The complex issues related to the property relations of the former spouses are covered in the Law on ownership and other real rights. Before these issues were regulated in this law, the property relations of the spouses were covered in the special part of the Law on Family. Property relations are an essential and indispensable part of family relations and family law. They are closely related and intertwined with the personal relationships that arise between family members. Therefore, in most legislations, property relations that arise between family members are regulated within the framework of family law. This is because in the arrangement of certain issues related to property relations between family members, due to the specificities of family relations, the general rules of civil law are deviated from. The presenter, through the analysis of the existing legal solutions through the prism of judicial practice, makes proposals for changes and additions to them

Temporary measure in litigation due to child support

A temporary measure in the procedures due to child support can be submitted before the initiation of litigation, during the procedure, or after the completion of the procedure in which the issue of alimony for a child is resolved. The temporary measure is usually submitted for the protection of the interests of a minor child, but it can also be adopted in order to provide support for the minor child. The need to apply to this institute is considered as "emergency assistance" that meets the needs of the child, which is of a temporary nature and has effect until the final decision with which it is decided on the merits. Despite the fact that this institute is designed in order to effectively protect the interests of children and to ensure continuity in their maintenance, the available court practice shows that this tool is underutilized. Keywords: temporary measure, court, child, support

Улогата на парничната постапка во ефетуирањето на концептот одржлив развој

There is no substantive law, which can affect the rules of procedural laws. The procedural rules contribute to the effectiveness of the three pillars of the concept of "sustainable development", economic growth, social protection, and environmental protection. "The constitutionally guaranteed right is also the basis for the legal regulation of environmental protection in separate legal regulation. From Article 43 of the Constitution of the Republic of North Macedonia, comes the responsibility of the state, which should provide conditions for a healthy living environment for the citizens. This raises the question of who should be held responsible for the damage caused, the polluter (the cause of the damage) or the state? The judicial practice in our country is poor regarding this issue. The court proceedings for determining the violation of the right to health, the right to a healthy environment, the right to privacy and personal and family life, and the inviolability of the home and taking measures, ended with the rejection of the lawsuit. Analyzes show that it is difficult to prove. In the draft law on civil procedure, Collective lawsuits are foreseen as a facilitator of the situations in the practice of filing lawsuits

The European court about the identical position of tenant and provider, as intermediaries of services, in terms of trademark infringement

According to the Directive 2004/48/EC provisions, Member States of the Union should enable right holders of intellectual property to issue an injunction against intermediaries, whose services are being used by a third party to violate these rights. However, intermediaries today offer their services to both the real (traditional) market and the virtual (digital) market. Given that the earlier practice of the European Court resolved the question of issuing injunctions against intermediaries in the virtual market, the question was raised about whether the liability of intermediaries in the real market is resolved in the same manner. The European Court gave an affirmative answer to this question. Member States, within their legislations, should provide measures, procedures and legal remedies, necessary to ensure the enforcement of the intellectual property rights. All imposed measures must be fair and equitable, not unnecessarily complicated or costly, nor to entail unreasonable time limits or unwarranted delays. Those measures shall be proportionate and dissuasive and shall be applied, in such a manner, as to avoid the creation of barriers to legitimate trade, and also, shall be effective enough in terms of suspension of existing and prevention of future infringements. Key words: virtual market, real market, infringements of trademark, injunction, the characteristics of the measures, procedures and remedies

Litigation proceedings for resolving family disputes during the state of emergency

This paper aims to present how the courts in the Republic of North Macedonia have handled family disputes during the state of emergency instituted due to the COVID-19 pandemic. The research on this issue is motivated by the principle of urgency. In proceedings for exercising parental rights, there are certain exceptions from the general litigation procedure which are embodied in the limited application of the disposition principle, the predominant application of the investigative principle, the exclusion of general public, and the urgency of proceedings. In particular, the author focuses on the judicial practice pertaining to the rights of the child. A comparative analysis of case law demonstrates how Macedonian courts decided in these lawsuits and whether they were guided by the principle of the best interest of the child. It inevitably gives rise to the following question: in exercising the judicial authorities vested by the legislator, do courts in family proceedings really take into consideration the rights and the best interest of the child? For the purposes of this research, the author has used several methods: the analytical-descriptive method, the comparative method and, in one segment, the statistical method. Keywords: family disputes, litigation proceedings, emergency situation, principle of urgency, best interest of the child, custody, child care