THE ROLE AND SIGNIFICANCE OF THE STATE ATTORNEY'S OFFICE IN THE MACEDONIAN JUSTICE SYSTEM – II

Abstract

The state is constantly a party in a civil procedure in which the State Attorney is the legal representative of the state and undertakes legal measures and uses legal instruments in front of courts and other competent bodies, for the purpose of realization of property rights and interests of the state, it’s organs and organizations, as well as other legal persons. А solid base founded organization of the State Attorneys’ Office as well as the proper regulation of the material and legal position of the SAO is a “conditio sine qua non” for efficient and quality protection of the states’ property and property interests. This is especially true for transition countries, like Republic of Macedonia itself, where individuals - with the purpose to gain property rights on property that once was social property and then transformed to state property - are using the weaknesses of the overall legal system, gaps in legal regulations, the division of responsibilities and so on. One of the main ideas to research is to reach findings and conclusions to what extent the State Attorney is the appropriate mechanism to prevent such intentions and at what level are the possibilities of the State Attorney in terms of its function to provide adequate protection of the property interests of the state. The answer to these questions alone should answer the question whether there is a need for reorganization, strengthening the role and increasing the quality of work of the State Attorney of the Republic of Macedonia. This paper has special significance because it is an institution that in our country, according to the findings of the research team of this project, has not been researched on scientific level and represents a neglected segment in the entire justice system.