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

Abstract

To study the institute of “previous question “beyond judicial practice is purposeless in
any aspect of jurisprudence. Inspired by the practical application of this instrument, simultaneously taking
into account the theoretical concept and the complexity of the problem, this paper will approach the
comprehensive 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 areas
are 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 procedure
separately. The aim of the article is to explore the concept of “previous question’ using interdisciplinary
approach, systematical methods, in the context of criminal, administrative, bankruptcy and
business law issues. Nevertheless, we emphasize the role of the legal standards applicable from the
domestic courts during determination of the subject or taking attitude in terms of “previous questions “.
Keywords: termination of the procedure, incidental question, decision, validity, previous question
in civil procedure.