Balkan Social Science Review

Table of content Vol.25

Marija Ampovska — Mon, 23 Jun 2025 10:02:36 +0000

Table of content

INTRODUCING ENVIRONMENTAL, SOCIAL AND CORPORATE GOVERNANCE (ESG) IN A CORPORATE DISTRESS SCENARIO: THE EU OPPORTUNITIES AND RISKS

Dubravka AKŠAMOVIĆ, Lidija ŠIMUNOVIĆ — Tue, 17 Jun 2025 19:18:47 +0000

In the last few decades, there is a lot of legislative and soft law instruments and policies on environmental, social and governance (hereinafter: ESG) elements. Althoughth, mentioned intruments and polices do not directly apply to the distress scenario, according to the existing regulation, EU insolvency practitioners, directors, debtors, creditors, insolvency courts, competent authorities, and other stakeholder must in a wider context apply ESG standards regardless of whether they are at the pre-bankruptcy proceedings, bankruptcy with liquidation, or in restructuring with a bankruptcy plan. This paper first explains the relevant terms and their synonyms and moves on to define ESG issues and why they may be relevant in corporate distress scenarios. Next, it analyzes the existing international and European binding and soft-law regulatory framework related to ESG and insolvency law. The regulatory framework is the starting point for answering the question of whether ESG goals can be applied to corporate distress scenarios, and if so, how it can be accomplished in practice within the framework of the traditional objectives of pre-bankruptcy proceedings, bankruptcy with liquidation, and restructuring with a bankruptcy plan. Therefore, the central part of this paper assesses and critically analyzes the risks and opportunities that can arise from the introduction of ESG elements in corporate distress scenarios. The concluding section provides an overview of the status quo, with recommendations for future development. The authors conclude that the introduction of ESG elements in a distress scenartio is not always an option. However, if the introduction of ESG goals are carefully examined and implemented in the appropriate type of insolvency proceedings, it may bring many benefits to all insolvency stakeholders.

CONTROVERSIAL ISSUES IN THE ACTION FOR ANNULMENT OF THE RESOLUTIONS OF THE GENERAL MEETING OF THE COMMERCIAL COMPANIES IN THE REPUBLIC OF BULGARIA

Raya KOLEVA ILIEVA, Atanas SIMEONOV IVANOV — Thu, 19 Jun 2025 15:11:25 +0000

The general meeting is the supreme body of any commercial company, which takes the main resolutions on all necessary and essential matters relating to their management, operation, and development. In order to ensure the lawful exercise of these powers, the legislator has provided for a special action on the basis of which partners/shareholders may challenge the resolutions of the general meeting and seek their annulment. In this context, the provision of Art. 74 of the Commercial Act grants each of the partners/shareholders a right of action for the annulment of resolutions which are unlawful or contrary to the memorandum of association or the articles of association.

The action for annulment of the resolutions of the general meeting of commercial companies is widely used in the jurisprudence, raising numerous legal issues related to its content, scope, and prerequisites for its granting. Some of these controversial issues have been resolved by Interpreting Judgement No. 1/2002 of 06.12.2002 of the Supreme Court of Cassation; however, there are still outstanding issues that require further analysis and discussion.

This study aims to examine the meaning, content, and scope of the action under Art. 74 of the Commercial Act for the protection of the rights of partners/shareholders, as well as practical problems arising in connection with its exercise. To achieve this goal, the relevant jurisprudence and doctrinal opinions which contribute to the clarification of the basic principles that guide the management of commercial companies and their interaction with legal entities, while seeking a balance between the protection of the rights of each partner and the principle of stability of the resolutions taken shall be analysed.

EXPLORATORY ANALYSIS OF COURT EFFICIENCY: THE CASE OF FIRST INSTANCE COURTS IN NORTH MACEDONIA

Katerina SHAPKOVA KOCEVSKA, Goce KOCEVSKI — Fri, 20 Jun 2025 13:50:18 +0000

This paper explores the performance and efficiency of first instance courts in North Macedonia by assessing the key performance indicators: clearance rate and disposition time.

Our

work contributes to a better understanding of court efficiency in

North Macedonia by analyzing geographical disparities between

first-instance courts. The study encompasses data for 27 first-

instance courts organized into four groups based on which

appellate area they belong to. The analysis covers the period from

2015 to 2023. The primary goal of our study is to ascertain

whether a disparity exists in the efficiency of courts. Our empirical

strategy includes the utilization of the Kruskal-Wallis non-

parametric test; thus, we do not aim to explore which courts

exhibit superior or inferior performance. The results suggest that

both clearance rates and disposition time did not differ

substantially from 2015 to 2022 in civil cases. However, in 2023,

there were statistically significant differences among the observed

indicators. Concerning criminal cases, until 2021, the clearing

rates and disposition times did not significantly differ among

various court groups; however, findings from 2022 and 2023

revealed statistically significant disparities. We propose

conducting further research at a first-instance court level to

evaluate individual courts’ efficacy and determine the underlying

reasons for divergence of the key performance indicators between

the different appellate areas.

ADAPTING TO NEW REALITIES: FINANCIAL CRIMES AND EMERGING AI TECHNOLOGY IN GLOBAL AND EU PERSPECTIVE

Igor VULETIĆ, Dunja DUIĆ — Fri, 20 Jun 2025 14:13:21 +0000

The increasing integration of artificial intelligence (AI) and

machine learning (ML) in financial markets has brought both

opportunities and risks. While AI-driven tools enhance efficiency

and profitability, they also introduce potential threats, particularly

in the realm of financial crimes. This paper explores the role of AI

in financial markets, focusing on its potential to facilitate

fraudulent activities such as market manipulation, price fixing,

and collusion. The unpredictability of AI, coupled with its ability

to autonomously make trading decisions, raises complex legal and

regulatory challenges.

A key issue discussed is the difficulty in attributing criminal

liability when AI autonomously engages in illicit financial

activities. Traditional legal frameworks rely on human intent

(mens rea) as a cornerstone of financial crime prosecution.

However, AI-driven misconduct challenges this notion, as

existing laws are often inadequate in addressing cases where no

clear human perpetrator can be identified. Through a comparative

legal analysis of the US, UK, and European legal systems, this

paper highlights the limitations of current regulations in holding

AI developers, financial institutions, or corporate entities

accountable for AI-induced financial crimes.

THE APPLICATION OF THE ECHR AND ITS JURISPRUDENCE BY ALBANIAN CONSTITUTIONAL JUDGES IN CRIMINAL DISPUTES

Denard VESHI, Enkelejda KOKA, Ervin PUPE — Fri, 20 Jun 2025 14:30:59 +0000

The 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.

THE STRUCTURE OF PRISON SENTENCING AS A MECHANISM FOR ENHANCING THE EFFECTIVENESS OF WOMEN’S RESOCIALIZATION

Talandy BISENOVA, Аkynkali DARMENOV, Natalya KIM — Fri, 20 Jun 2025 16:43:23 +0000

This study examines how the organization of daily activities and

leisure time in women's penitentiary institutions can enhance their

rehabilitation and preparation for reintegration into family and

societal life. The research argues that structured time management

in correctional facilities, when properly implemented by

institutional staff, serves as a crucial factor in successful

resocialization of female inmates. Through qualitative methods

including open-ended interviews with 31 incarcerated women and

expert evaluations with 40 correctional professionals, the study

identifies five primary activity domains: vocational work (weight

coefficient 0.39), peer socialization (0.26), educational

programming (0.17), family communication (0.11), and

sports/skill development (0.07). The analysis reveals significant

institutional barriers to effective rehabilitation, particularly

inadequate recreational facilities (identified as the most pressing

issue with 0.41 weight), insufficient health considerations (0.28),

and poor compliance with rehabilitation-focused legislation

(0.19). The findings demonstrate that current penitentiary

practices in Kazakhstan frequently fail to meet international

standards for female offender rehabilitation, particularly

regarding proximity to family locations and implementation of

vocational training programs. The study concludes with specific

recommendations for improving correctional programming,

emphasizing the need for enhanced educational opportunities,

family visitation policies, and structured leisure activities that

collectively support post-release social integration.

CHALLENGES IN THE FIGHT AGAINST CORRUPTION IN THE EU INTEGRATION PROCESS – CASE STUDY: NORTH MACEDONIA, SERBIA AND MONTENEGRO

Gjorgi SLAMKOV, Elena MAKSIMOVA — Fri, 20 Jun 2025 16:59:59 +0000

An effective fight against corruption is a condition for the rule of

law, building a state with functional institutions and respecting

human freedoms and rights. Achieving positive results is a

challenge for both developed democracies and countries in

transition.

The paper analyzes the normative and institutional frameworks for

fighting corruption in three countries from the Western Balkans,

North Macedonia, Serbia and Montenegro, as well as their

strategic documents for fighting corruption. Despite the results

achieved in the last few decades, the problems with corruption are

still complex, and in this direction the focus of this paper is

research into the reasons for such a situation as well as the

challenges for the future.

In the efforts for faster integration into the EU, the three countries

are implementing reforms with the aim of more effectively

fighting corruption, but there is one key factor for achieving this

goal, and that is the existence of political will to fight corruption.

This aspect is particularly emphasized in the paper because

without political will it is impossible to achieve visible successes

in the fight against corruption. The authors emphasize that the best

laws can be written, quality strategic documents can be adopted,

but if they are not implemented, it is as if they do not exist.

The paper pays special attention to the transition process in North

Macedonia as well as to the implementation of the current

National Strategy for the Prevention of Corruption and Conflict of

Interest. In addition, the authors present several proposals for

changes in the normative and institutional framework of North

Macedonia for the fight against corruption.

The methodological approach is a combination of several

methods, content analysis, comparative legal research, historical

and statistical methods.

AUTOMATION IN ACTION: EXPERIENCE WITH QUICK AND COST-EFFICIENT ADMINISTRATIVE DECISIONS IN HUNGARY

Erzsébet CSATLÓS — Fri, 20 Jun 2025 17:16:15 +0000

Automated decision-making can streamline administrative

procedures, reducing the burden on authorities in straightforward

cases. However, a concerning trend emerges: negative decisions

challenged by clients are often so simplified that they render

judicial review meaningless, leaving issues unresolved. This is not

merely a technical issue but a constitutional one. Clients are

frequently deprived of meaningful reasoning, procedural

safeguards, and effective legal remedies. Administrative decisions

should uphold legality and transparency, ensuring fair

proceedings. When a decision lacks proper justification and courts

cannot assess its legality, it becomes unsuitable for review,

undermining due process. If automation leads to decisions lacking

transparency and accountability, it threatens fundamental legal

principles.

This study aims to show how automated -decision making is done

in practice and what legal problems has emerged already by

exploring casefiles and judicial decisions to highlight the risks of

automated decision-making and calls for a balanced approach to

maintain efficiency while safeguarding constitutional rights and

judicial oversight.

FUNDAMENTAL BREACH OF CONTRACT AND DEBTOR’S CONDUCT: WHAT’S FAULT GOT TO DO WITH IT?

Nenad GAVRILOVIĆ, Borka TUSHEVSKA GAVRILOVIĆ — Sat, 21 Jun 2025 00:00:00 +0000

Although 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.

LEGISLATIVE REMEDIES TO ENSURE THE REASONABLE TERM IN A CRIMINAL TRIAL. THE PLEA AGREEMENT: ROMANIA'S EXPERIENCE

Andrei-Viorel IUGAN — Mon, 23 Jun 2025 09:03:30 +0000

Resolving a criminal case within a reasonable time is an important element of the right to a fair trial. The need to respect the reasonable term is succinctly expressed both in a frequently quoted British adage of justice delayed, justice denied, and in a French saying with a similar content, justice rétive, justice fautive. The purpose of the criminal process is not achieved by merely punishing the guilty. The prosecution must be carried out within a timeframe that proves that the state is taking prompt action to to ensure compliance with the law. Only in this way can the preventive purpose of the punishment be achieved and the confidence of the citizens in the ability of the state to protect them can be preserved. Legislatures are frequently choosing to introduce elements of negotiated justice in order to solve the problem of the length of criminal proceedings. The plea agreement procedure is thus seen in more and more countries as an important means of achieving this objective.

The plea agreement was introduced into Romanian law as of January 1, 2014. Previously, court proceedings had become overly formalistic, cumbersome, costly and not expeditious. At the same time, the strict application of the principles of establishing the truth and the direct administration of evidence by the court often led to an unjustified prolongation of the criminal proceedings and an unnecessary waste of state resources in some cases where the guilt of the defendant was obvious.

In this study we will try to see whether these objectives have been achieved in any way. To this end, we examined the existing situation in the municipality of Bucharest within the six sector courts and the Bucharest Tribunal from January 1 to September 3, 2024. We verified the number of criminal cases that were resolved by these courts during this period of time. We also researched how many of these cases were solved on the basis of a plea agreement. In the cases where plea agreements were reached, we wanted to find out which offenses were targeted and how long the prosecution lasted. In terms of the time taken to solve the case, we took into consideration the time elapsed between the moment when the prosecution had evidence that the defendant had committed the crime and the time when the plea agreement was concluded.

Based on these data, we tried to establish whether the introduction of the plea agreement in the Romanian legislation has really contributed in ensuring a reasonable timeframe and what are the reasons why the institution does not generate the same results as in other countries.

The conclusion we have reached is that the institution of the plea agreement did not have the desired effects at the time of its regulation. The time taken to resolve cases has not been reduced, with many cases taking years to resolve, even though their complexity would allow a final solution to be pronounced in a few months.

THE IMPACT OF CULTURAL POLICY ON NATIONAL IDENTITY IN KAZAKHSTAN: AN EMPIRICAL ANALYSIS

Nikolay Baranov, Sevgi OZKAN — Sat, 21 Jun 2025 00:00:00 +0000

The 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.

RETHINKING POWER SHARING: ASSESSING MODELS THROUGH EXPERT INSIGHTS IN THE BALKANS

Stefan SURLIĆ, Zoran DABETIĆ — Sat, 21 Jun 2025 00:00:00 +0000

The paper examines expert assessments of the effectiveness, sustainability, and integrative potential of power-sharing institutions in three post-conflict Balkan polities—Bosnia and Herzegovina, North Macedonia, and Kosovo—with Montenegro serving as a control case. Drawing on an original survey of 111 scholars and civil-society representatives, the study quantifies expert perceptions of institutional performance, the risk of renewed conflict, and the role of international actors. The findings reveal a common pattern: while power-sharing arrangements have delivered short-term conflict containment and ensured ethnic representation, they have fallen short of fostering durable inter-ethnic integration. By contrasting these results with the more moderate Montenegrin evaluations, the article shows that the lasting intensity of wartime legacies—rather than institutional design alone—shapes expectations of political stability and reconciliation. Methodologically, the study demonstrates the added value of expert surveys for capturing post-conflict dynamics that escape conventional datasets. Substantively, it refines the debate on when and how power-sharing can move beyond elite accommodation to societal integration, providing a baseline against which future longitudinal and comparative research can be gauged.

SOCIAL AND IDEOLOGICAL PRECONDITIONS FOR THE FORMATION OF EUROPEAN NATIONALISM AMID THE RADICALIZATION OF POLITICAL PROCESSES IN EUROPEAN COUNTRIES IN THE EARLY 21ST CENTURY

Nikita YUDIN — Sat, 21 Jun 2025 00:00:00 +0000

This article explores the rise of sovereignism in European countries amid the radicalization of political discourse and the ongoing crisis of the European integration project, which has struggled to address the socio-economic and political challenges facing European societies. The research highlights a notable shift in electoral preferences toward nationalist parties, which continue to gain political legitimacy and expand their influence within both national and supranational institutions. The study investigates the underlying causes of the growing ideological confrontation between liberal-integrationist and nationalist forces, the latter of which now represent a significant and organized political presence in Europe. Key characteristics of contemporary nationalist ideology are identified and analyzed. Sovereignism is conceptualized as a socially constructed phenomenon, rooted in evolving national self-awareness and symbolic narratives shaped by historical and political contexts. While the expression of nationalist sentiment varies across regions, its radicalization can contribute to destabilizing political dynamics. In response, European policymakers and scholars are actively seeking strategies to mitigate the rise of polarizing nationalist rhetoric. The author argues that the political legacy of Gaullism offers a potential framework for reconciling national sovereignty with European cooperation and for fostering a more balanced and inclusive political trajectory for the continent.

THE VISEGRAD FOUR COUNTRIES AS AN OBJECT OF CHINA'S GEOPOLITICAL INTERESTS IN THE CONTEXT OF GREAT-POWER CONFRONTATION

Volodymyr MELNYCHUK, Viktor PAVLIUK — Sat, 21 Jun 2025 00:00:00 +0000

This article examines China's geopolitical interests in the Visegrád Four (V4) countries within the context of great-power rivalry. The study highlights how the ongoing global crisis has reshaped bilateral and multilateral relations, with the European Union (EU) emerging as a significant focus of China's strategic influence. The V4 countries, Poland, the Czech Republic, Slovakia, and Hungary, have become especially relevant due to their industrial capacities, relatively recent EU membership, and geographical location on the EU's eastern borders.

The research reviews previous studies on China's influence in Europe, including soft-power initiatives such as the Belt and Road Initiative (BRI), foreign investments, and trade relations. It explores how various political dynamics within V4 states have affected their stance towards China, noting Poland's cautious engagement, the Czech Republic's increasing alignment with Western allies, Slovakia’s political shifts, and Hungary’s deepening partnership with Beijing. Additionally, the article investigates China’s role in Europe's green energy and digital infrastructure, assessing the implications of economic dependencies.

The findings suggest that while China perceives V4 countries as gateways into Europe, geopolitical shifts, including the EU’s Global Gateway Initiative and growing concerns over technological security, challenge Beijing's strategies, prompting V4 countries to reconsider their engagement with China and seek alternative partnerships aligned with EU and NATO frameworks. Ultimately, the study underscores the dual pressures faced by V4 states as they navigate economic opportunities from China and political commitments within the EU and NATO.

CHILDREN'S RIGHTS IN THE DIGITAL AGE: SHARENTING AS A LEGAL AND PEDAGOGICAL CHALLENGE

Martina KOVAČIČ, Aleksandra ŠINDIĆ, Jurka LEPIČNIK VODOPIVEC — Sat, 21 Jun 2025 00:00:00 +0000

The digital age brings numerous challenges for parenting and childhood. One of these challenges is sharenting. The theoretical foundations of this study, approached interdisciplinarily, combine legal and pedagogical insights and principles. This study, which used a combined quantitative and qualitative research design, was part of a broader research into the trend of parents sharing images, videos, and information about their children on social media. The aim of the study was to explore the perspective of Slovenian parents on sharenting and its specific characteristics. For the analysis of the collected data, descriptive and causal-nonexperimental methods were used, including thematic content analysis of respondents’ answers. The data required for the research were collected via an online questionnaire in 2023, based on a sample of 211 Slovenian parents, anonymously and on a voluntary basis, in compliance with the ethical code. The findings of the study indicate that most parents in Slovenia are unaware of the long-term privacy impacts of sharenting and mostly do not seek their children's consent for posts. Mothers are more active than fathers, and education is not a decisive factor in sharing, highlighting the need for parental digital privacy education.

“A FLURRY OF ARRIVALS BY SMALL BOATS” – FRAMING ALBANIAN IMMIGRATION IN THE BRITISH PRESS

Ledia KAZAZI — Sat, 21 Jun 2025 00:00:00 +0000

This article investigates the metaphorical representation of Albanian immigrants in the British press between January 2021 and September 2023, a period marked by a noticeable increase in Albanian asylum seekers and a harsh political rhetoric around immigration. Drawing on the framework of Critical Metaphor Analysis, the study examines how metaphors are employed to frame migration and construct public perceptions of Albanian immigrants in the British press. The analysis is based on a corpus of news articles from a range of ideologically different newspapers, such as The Guardian, the Daily Mail, and The Telegraph. Four dominant metaphorical scenarios emerged from the data: the space container scenario, the natural disaster scenario, the commodity scenario, and the war scenario. These metaphors consistently portray Albanian immigrants as dehumanized, threatening, or lacking agency. The space container metaphor scenario presents Britain as a space under pressure, while the natural disaster metaphor scenario emphasizes migration as an uncontrollable and overwhelming force. The commodity metaphor scenario reduces immigrants to objects of trade, often linking them with economic or criminal narratives. Finally, the war metaphor scenario depicts immigration as an act of aggression or invasion, especially prominent in right-leaning media.

PROTEST COMMENTS ON FACEBOOK AFTER THE “JANUARY TRAGEDY” OF 2022 IN KAZAKHSTAN (THE FIRST 7 DAYS AFTER THE RESUMPTION OF WIRED AND MOBILE INTERNET)

Murat NASSIMOV — Sat, 21 Jun 2025 00:00:00 +0000

The goal of this study is to examine how Facebook comments reflect protest sentiment during the immediate aftermath of Internet resumption in January 2022 in Kazakhstan. The article focuses on analyzing protest comments on Facebook following the “January tragedy” of 2022 in Kazakhstan. Specific tasks include: (1) collecting and analyzing posts and comments from official Akimat Facebook pages during the first week of restored connectivity; (2) identifying and categorizing protest-related comments and their thematic content; (3) comparing regional variations in protest expressions; and (4) deriving insights for improving local government engagement online. To achieve this, I use the data collected on Facebook for the first 7 days after the resumption of wired and mobile Internet service. I am studying 17 official pages of Akimats in regions and cities of republican significance; 507 posts and 912 comments were published from January 10 to January 16, 2022. Using systematic content analysis, I coded each post and its associated comments for protest indicators, thematic categories, and regional patterns. Quantitative frequencies and qualitative thematic interpretation were applied to the collected posts and comments. As a result, I identified 667 comments with signs of protest. Thus, the opportunity to qualitatively examine some of the messaging from that period provides insights not only into the particular concerns of the citizenry but also into the willingness of local government entities, the Akimats, to provide an online forum for the dissemination of public concerns. Practical implications include recommendations for regional authorities on active social media monitoring, transparent communication of policy measures, and mechanisms to address socioeconomic grievances, aiming to reduce the barrier between citizens and political elites and to preempt the escalation of online dissent into offline mobilization.