Proceedings of the International Scientific Conference "Social Changes in the Global World"

CONVERSION OF PREFERRED SHARES INTO COMMON SHARES LEGAL ASPECTS AND CHALLANGES

Nora Aliti — Wed, 25 Sep 2024 09:03:35 +0000

The question of conversion of preferred shares, attracts attention both in terms of the reasons that lead to this corporate capitalistic action, and in terms of formal-legal basis for its realization in practice. The right to convert the preferred shares into common shares, in itself, is one of the most important key features of the preferred shares that are set out at the time of their issuance. When the right of conversion is included in the resolution for allotment and issuance of preferred shares, then the conversion ratio must be predetermined. The main question of this paper, refers to whether the conversion can be carried out only if/when that right is set out in the resolution for allotment and issuance of preferred shares or in other situations that can be initiated and implemented as a corporate action of a company?

The conversion of preferred shares into ordinary shares has limited tradition in Macedonian law, so this paper aims is to provide an explanation of the degree of regulation of the domestic legal framework for this corporate action. The results show that the hypothesis that the conversion as a corporate action can be regulated by article of incorporation, was not excluded, but on the contrary, it emphasized the need for its higher legislative regulation as a more important hypothesis. Otherwise, the noted particularity inherent to the "case-by-case" solving principle, can raise many dilemmas and uncertainties among shareholders, investors and in the capital market upon undertaking conversion as a corporate action.

APPLICATION AND IMPORTANCE OF INTERNET MARKETING AMONG BUSINESS ENTITIES IN THE REPUBLIC OF NORTH MACEDONIA

Angela Cvetkovska — Wed, 25 Sep 2024 09:06:51 +0000

Marketing as a scientific and practical area plays a key role in the successful management of businesses and organizations, therefore within the framework of the paper it was formulated and operationalized as a basic term and then distinguishing and emphasizing the term internet marketing within the business entities with a special overview of the territory of the Republic of North Macedonia. Namely, internet marketing, also known as digital marketing, represents a complex and dynamic set of strategies and techniques for promoting products, services or brands via the internet. With the advent of the digital age, internet marketing has become an integral part of business strategies, providing an unprecedented opportunity to connect with large audiences and create significant value. At the same time, special attention was paid to the interpretation and analysis of the results that were collected from the employees of the business entities by applying a survey questionnaire conducted within the companies, which aimed to form a representation of their attitudes, opinions, perceptions and knowledge about the application of internet marketing within their operations. It is particularly important to note that the need to prepare this paper was perceived in the needs of expanding knowledge about Internet marketing in our Republic, especially among business entities that are not yet sufficiently familiar with its power. Data on a theoretical or empirical level will be new knowledge for our territory.

A NEW “SUSTAINABLE” TAXATION: THE CARBON (MEAT) TAX

Martina D’Ignazio — Wed, 25 Sep 2024 09:10:07 +0000

The latest assessment report on climate change published by the Inter Government Panel on Climate Change (IPCC), among the concretely implementable tools to avoid the increase in global temperature, includes the need for a change in eating habits towards diets with low carbon content, which lead to a greater consumption of vegetables and fruit and a substantial reduction in that of red meat. This change in diet would also help limit the negative effects associated with obesity and overweight. A transition towards a healthy and sustainable diet is therefore necessary. There are many strategies useful for this purpose. These also include taxation which can be implemented in the use of already existing fiscal instruments (reduction or increase in VAT applied on more or less healthy products) or in the introduction of new taxes, capable of making the prices of the taxed products inclusive of the negative externalities resulting on an environmental and healthy level. The opportunity - from a promotional perspective - of a taxation of this kind emerges from multiple profiles: it can, in fact, contribute to the objective through the price increase deriving from the levy (and the related dissuasive force) but also with the desirable finalization of the revenue thus received to finance accessory measures of a non-authoritative nature (investments in sustainable production, reduction of VAT on healthier foods, establishment of awareness campaigns, etc.) which, in a multi-sectoral logic, must necessarily exist.

THE JURISDICTION OF THE CHOSEN JUDGE

Ana-Maria Dimofte — Wed, 25 Sep 2024 09:13:36 +0000

In today’s private international law, the parties may choose freely the jurisdiction where their dispute shall be resolved. This is usually made through the means of a jurisdiction clause inserted in their contract. The European Law confers exclusive jurisdiction to the chosen judge, which means, in principle, that the parties are not allowed to refer the matter to a court other than the one provided for in the choice of court agreement. In our paper, we will analyse the consequences of this qualification of jurisdiction as exclusive and the means by which it is protected in the European law, under the Brussels I bis Regulation.

The protection of the jurisdiction agreed by the parties previously to the dispute is, nevertheless, not absolute as it has its limits. The European law does not provide remedies for all the situations of breach of jurisdiction that may appear and we will present a couple of situations where the expectations of a party may be infringed by the tactics of its adversary in the dispute.

ANALYSIS OF CRIMES AGAINST THE ENVIRONMENT AND HUMAN HEALTH, WITH SPECIAL REFERENCE TO THE CRIME - ENVIRONMENTAL POLLUTION

Veronika Gazepova — Wed, 25 Sep 2024 09:16:35 +0000

The starting goal of this paper is an analysis of crimes against the environment and human health, which is a separate chapter of the Criminal Code, but special emphasis is placed on the crime of Environmental Pollution from Article 218 of the Criminal Code, as one of the most common crimes committed on the territory of RNM. The first part of the paper shows the necessity and urgency of increasing the criminal-legal protection of the environment and nature, as well as the legislation that covers these crimes, especially the above-mentioned crime - its elements, i.e. its very definition, and in the second part the paper includes an analysis of the most common crimes, compared by gender, age, conviction, etc. Data are drawn from the State Statistics Office, which are available by year, as well as from court decisions, the number of guilty perpetrators, compared to those who have not been found guilty for the period of the last few years, that is, from 2017 - 2023, according to the available statistical data, and the most common crimes committed on the territory of RNM in this time period are included.

FORMS AND POLITICS OF PROTECTION OF COMPETITION

Hristina Georgievska — Wed, 25 Sep 2024 09:19:34 +0000

This scientific paper will analyze the basic forms and models of competition protection from a comparative legal point of view. At the beginning of this work, the very concept of competition protection is determined, while competition is observed from different aspects, in order to define its essence and determination of its social significance.

Further in the following chapters, the characteristic forms of competition protection will be discussed, which in this paper will be grouped under the general categories of direct and indirect competition protection. These two forms ensure the protection of competition through different procedures regulated by law, of which special attention will be devoted to approaches to the protection of competition in comparative law. Then, a brief overview of the most important comparative legal models of competition protection will be made and their historical genesis and basic characteristics will be presented.

The scientific results of this paper and the elements of the competition protection model that is applicable in the legal systems of the countries formed on the territory of the former Yugoslavia, with a special reference to Macedonia, will be highlighted in the concluding remarks of the paper itself. (N.Vlaški, B. ,2016)

THE APPLICATION OF THE ALTERNATIVE MEASURE COMMUNITY SERVICE ORDER AS AN ALTERNATIVE TO SHORT PRISON SENTENCES IN THE SUPPRESSION OF LESS SERIOUS CRIMES

Ilija Jovanov — Wed, 25 Sep 2024 09:22:44 +0000

The subject of research in this paper is the application of the alternative measure of community service order as an alternative to short prison sentences in the suppression of less serious crimes. The paper will analyze community service order, with a brief review of its beginnings in European legislation as well as its norming in the Macedonian legislation. Bearing in mind that the prison crisis is a reality, faced with the large number of imposed short prison sentences and the challenge of dealing with prison overcrowding, we are tempted to find suitable alternatives to imprisonment that would fully achieve the goals of punishment. It is the alternative measure of community service order that has numerous advantages over short prison sentences; above all, it is cheaper than a prison sentence, it protects the community from further criminalization, and its originality is that allows the community to be actively involved in the implementation of the measure. The purpose of the paper is to show the usefulness of the application of the alternative measure of community service that is fully performed in the community and has a positive effect on the perpetrator of the crime, who would not cut off his social contacts and feel rejected during the execution of this measure, as well as on the community, which would be actively involved with the help and support of the offender and his proper reintegration into the community.

LEGAL-MEDICAL ASPECTS OF GUILT CAPACITY

Gjorgi Manchev — Wed, 25 Sep 2024 09:25:51 +0000

The phenomenon of human aggression has always aroused interest in both the lay and scientific world, and it is becoming an increasingly interesting topic in our everyday life. We are witnessing an enormous wave of human destructiveness, which is present in the world, as well as our country. The phenomenon of aggression is becoming very relevant, not only for psychiatrists, psychologists, sociologists and psychoanalysts, but also for ordinary people and it seems, mostly for us, ordinary people who cannot understand how suddenly, among us, the very well-known saying "a man is a wolf to a man" started applying. In this paper we will get to know what human aggression is, the determination of guilt as to whether a perpetrator of a crime is accountable or not accountable for the crime he commits, that is, whether he can be tried for a specific case or not.

THE EFFECTS OF ANNULMENT OF ARBITRATION AWARDS

Stefani Mladenovska Stojanovska — Wed, 25 Sep 2024 09:29:38 +0000

The subject of this paper is the legal outcome and effects of annulment of the arbitration awards. The annulled arbitration award does not produce any legal effect in the country in which it was annulled, neither in any other country, which means that its recognition, i.e. execution, cannot be achieved. However, there are certain exceptions on the basis of which an arbitral award may be recognized and enforced in some countries despite having been annulled. This possibility derives from the European Convention on International Commercial Arbitration from Geneva, 1961 and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards from New York, 1958. The dilemma in arbitration legal science is whether such a procedural possibility should exist at all. My research shows that some jurisdictions have a stricter regime for instance - the one in the United States of America where arbitration legislation does not allow an annulled arbitral award by the host country to produce legal effect on its territory, while France has a much more liberal regime. Regarding the legal outcome of annulled arbitration decisions, the following dilemmas are also present: which forum is competent for further dispute resolution - state court or arbitration, what happens with the arbitration agreement and with the mandate of the arbitration court. The purpose of this paper is to provide an answer to most dilemmas regarding the legal outcome and effects of annulment of arbitration decisions through a comparative review of legal norms and judicial practice in countries with different legal systems.

ENSURING ELDERLY RIGHTS: EXPLORING LIFETIME SUPPORT CONTRACTS IN EU MEMBER STATES

Ana Paneva — Wed, 25 Sep 2024 10:30:01 +0000

The Article 25 of the Chapter of Fundamental Rights of the EU recognizes the rights and protection of elderly people, this paper aims to elaborate on whether a lifetime support contract can be used as a legal instrument to ensure effective enforcement of Article 25.

In the first part, this paper will analyze the possible participants/parties in the lifetime maintenance agreement vis-a-vis the subject/s who are responsible for ensuring the effective protection of the rights of the elderly. In particular, the article will analyze who can be a subject of the contract vis-à-vis, who is responsible for ensuring the effective enjoyment of the rights, and protection of elderly people under EU Law. In the second part of the paper, we will analyze the second problem related to the need to improve the legal protection of the elderly who are involved in these agreements. The lack of legal knowledge among these people often results in an incorrect understanding of their rights and obligations, which can lead to unforeseen consequences when it comes to support and property issues. In many cases, the elderly may not be aware that they are entitled to legal aid or cannot afford to wait for court decisions due to their age. Finally, the third part of the paper will deal with the regulation of the lifetime support agreement in the EU member states and how it is regulated in the legal systems.

This paper will give an analysis of legal texts, court decisions, and how theoretical positions are carried out, to see which subjects appear in this type of contract and what their rights and obligations are. The comparative method will be applied to investigate the regulation of this agreement in the EU member states and to determine whether it is regulated consistently. The main goal is to identify the differences and similarities between different legal systems and their protection of the rights of the elderly. This paper will also propose recommendations for improving the arrangement of this legal institute.

E-GOVERNMENT ADOPTION DETERMINANTS: A THEORETICAL OVERVIEW SUPPORTED BY LITERATURE REVIEW EVIDENCE

Tanja Paneva — Wed, 25 Sep 2024 10:33:30 +0000

The process of technology acceptance in general, and e-Government adoption in particular, depends on various social, political, economic and cultural contextual circumstances that further shape the behavior and intention to use of users. To be able to identify what drives the intention to adopt and use e-Government, this paper first presents a theoretical overview of the ground theories and models found in academic literature. In the second part, through a literature review and qualitative analysis of 15 articles, the paper presents the practical application of theories and models in current research. The results show the rising influence of the socio-cognitive determinants in e-Government adoption. The methodological approach applied in the paper can serve as a direction on how to identify and cluster e- Government adoption determinants in a given context while relying on tested and well-examined theories and models. This approach could further support scholars and policymakers in developing approaches to identify drivers behind the behaviors of users and create a favorable environment for e- Government adoption.

POST HUMAN REPRODUCTION (POST MORTEM): PARENTAL STATUS AND INHERITANCE STATUS OF THE CHILD

Ana Pjetri — Wed, 25 Sep 2024 10:36:34 +0000

Reproductive freedom and the right to found a family is a fundamental human right, which enjoys protection and guarantee in the Constitution of every country. Technological developments now enable a child not only to be born but also to be conceived after the death of one of the spouses or partners, so through this method it is possible for people to freeze their genetic materials in order to use them for reproduction after death.

This artificial way of reproduction presents a series of bio-ethical, social and legal problems, since most states have interpreted it in different ways, either with partial legislation or with partial legislation that needs interpretation. However, the fear of new technologies exists and is not new since in practice it represents a field loaded with case studies and the question arises: "Is the decision to have the child of the deceased a proper and welcome decision since the woman goes through the process of suffering and does not think rationally"? What is the legal status of the child and how is the issue of paternity/maternity handled after the death of one of the spouses?

We can say that in cases where natural reproduction becomes impossible for health reasons, artificial reproduction can be viewed as welcome as it creates a new life and the use of new technologies for reproduction is mainly in the interest of the parents in their choice if they want to move on and lead a new life.

THE CARTAGENA CONSENSUS: FROM FAILURE TO DIALOGUE FOR LATIN AMERICAN REGIONALISM

Rosa Scamardella — Wed, 25 Sep 2024 10:39:45 +0000

This article aims to analyse the history of the meetings organised by the group of Latin American debtor countries, which, within the debt crisis of the 1980s, tried to develop common strategies to implement during the negotiations with their creditors within the Cartagena Consensus. The biggest debtors, Argentina, Mexico and Brazil, along with other states in the region that joined the initiative, started a series of meetings to politicise the issue of debt unpayability. The meetings of the so-called Consenso de Cartagena are often portrayed as a story of failure, as the case-by-case approach favoured by the US Treasury finally prevailed, separating the interests of the debtors and leading to differentiate negotiations. An attempt will be made to give a new reading of the Cartagena Consensus, re-evaluating its results on the basis of the objectives that the participants realistically thought they could achieve, and analysing the important legacy of institutional contacts and ideas that would soon lay the foundations for an important season of Latin American regionalism. The analysis of the most recent literature on Cartagena will be complemented by the results of a field research conducted in Argentina.

THE CHALLENGES FOR THE ‘PAX EUROPAEA’ CONCEPT IN CONDITIONS OF SECURITY ESCALATION

Gjorgi Spasevski — Wed, 25 Sep 2024 10:43:12 +0000

In delicate security conditions, the European continent is once again confronted with the possibility of greater war. The insecurity and sheer destruction in Ukraine inevitably contributed to fundamental changes in the geopolitical and geostrategic context that existed on the continent during a longer period of so-called relative peace and stability. Namely, the processes of integration and cooperation between the states in Europe, embodied in an international entity which by its nature is Sui Generis, naturally evolved into a supranational institution where the members delegate part of their sovereignty with an emphasis on law, foreign policy and the economy. The concept of Pax Europaea implies an era of relative peace and stability leading to prosperity. The factors mentioned above generated conditions in which we can talk about positive peace, meaning far more than absence of direct violence, i.e. different from the know concept of negative peace, which many researchers in the field of peace studies would immediately detect in the current constellation of relations. The military aggression against Ukraine re-actualized long know historical differences and interpretations of the past. It is especially important to detect the causality of the change that generates numerous challenges that will be faced by Europe and the world as a whole. Perhaps the end of the Pax Europaea concept is already in sight. The security dilemma is a product that, at the very least, contributes to an increased degree of insecurity, resulting in increased militarization and mistrust.

THE POSITION OF ROMA CHILDREN IN COURT PROCEEDINGS

Roze Surlovska Ristevska, Ivan Buraliev — Wed, 25 Sep 2024 10:54:41 +0000

In May 2014, a parent of a 17-year-old boy reported the abuse of his son and his 12-year-old grandson. The abuse of the children was carried out by four police officers, members of the special unit "Alpha". They suspected that one of the boys had stolen the purse of a woman, a passer-by. After they intercepted them, they started beating them without any prior warning. (Police abuse Romani youth in Macedonia, 2004)

This is one of the many cases that reach us every day. The stereotype and prejudice that Roma are perpetrators of property crimes is deeply rooted in our society and beyond. Unfortunately, this is only one of the types of discrimination, which is manifested in many spheres and represented in many forms. Marginalization of the Roma is a phenomenon that is passed down from generation to generation and destroys many young lives before they even begin.This paper analyzes the position of Roma children in court proceedings, based on the hypotheses that street children are perpetrators of crimes due to their lack of access to the educational system and that the law enforcement authorities carry out the procedure inappropriately and incompletely when it comes to Roma children.The rights of the child are inviolable and must be respected by all subjects in the procedure. Any violation of them is highly condemnable.

PREVENTION OF CYBERCRIME IN THE AGE OF ARTIFICIAL INTELLIGENCE (AI) WITHIN THE EUROPEAN UNION

Elena Trajkovska, Tommaso Del Becaro, Boguljub Mijalkov — Wed, 25 Sep 2024 10:59:08 +0000

The significant technological development experienced between the late 20th and early 21st centuries has raised a series of fundamental questions regarding the protection of civil, political, and social rights. The exploitation of new technologies by governments and international organizations, as well as private companies and individuals, opens up enormous possibilities for development on one hand, while posing serious risks to the aforementioned rights on the other. In recent decades, cybercrime has represented a crucial challenge for global actors and continues to evolve thanks to the availability of increasingly advanced technologies. What mechanisms do countries around the world use to protect themselves and their citizens? Is full legal protection even possible? These are questions that constantly arise and are gaining more and more significance.

The European Union, especially in the past 10 years, has taken legal measures to create a safe space for its institutions and member countries. Among the most interesting technologies is artificial intelligence (AI), which has captured global attention on the subject in recent years, especially after the public exploitation of generative AI systems. Since AI technologies mainly rely on machine learning systems that exploit data, European regulation of these tools, pending the full implementation of the AI Act, primarily depends on data protection laws. In this regard, the adoption of the General Data Protection Regulation (GDPR) in 2016 represented a milestone for data protection and the right to privacy within the European Union context; on the subject, reference is also made to the "Convention 108+" of 2018.

The second part of this contribution will focus on the definition and taxonomy of cybercrimes. These crimes, facilitated by the development of new technologies, are expected to undergo a significant acceleration thanks to the development of AI technologies. Also for this reason, the approval of the risk-based Artificial Intelligence Act has been one of the top priorities for the EU, in order to promote trust in artificial intelligence technologies, and at the same time to ensure that it does not jeopardize fundamental rights guaranteed by EU treaties and acts.

PARENTAL RESPONSIBILITY AFTER DIVORCE: THE LAW OF KOSOVO IN A COMPARATIVE CONTEXT

Ermonda Zogiani — Wed, 25 Sep 2024 11:18:51 +0000

Parental responsibility as a legal institution includes rights and obligations both parents have towards their children, including making decisions about their health, education, and overall welfare. This responsibility, inexorable among third parties, flows throughout the marriage or its annulment, after divorce, and during the factual relationship. The legal norms that regulate this institution are imperative, meaning that the subjects exercising parental rights cannot alter them by their own volition, transfer them to others, or inherit them, as they are of an "intuitu personae". This institution is of paramount importance because it safeguards the fundamental rights of children, always respecting the best interest of them and is valid until they reach the age of 18, and in exceptional cases even beyond this age.

The aim of this paper is to help parents develop an understanding of parental responsibilityafter divorce,which faces many challenges that can affect the well-being of children and the relationship of parents,while always prioritising the best interests of the child. The most challenging questions that ex-spouses ask themselves are who will our children live with? What happens if we cannot agree on where the children will live and how often will I see our children? Effective communication between parents is crucial but can be challenging, especially after a divorce. Divorce can be difficult and causes trauma to the ex-spouse in terms of the division of parental responsibility, and challenges often arise as to who the common child will live with.