Student's Social Science Journal

REPUBLIC OF NORTH MACEDONIA THROUGH THE PRISM OF THE INSTRUMENT FOR PREACCESSION OF THE EUROPEAN UNION

Manuela Beliceva — Thu, 08 Aug 2024 09:10:54 +0000

As one of the instruments of fiscal policy that aim to stabilize the countries which are
in the process of negotiations for membership with the European Union, outstand the IPA
funds, or instruments for pre-accession assistance. These instruments are being offered by
the European union to the countries who are in the in the process of negotiations or aspiring
for full membership in the EU. The pre-accession support followed the dynamic of the
expansion of the Union and has been given a financial perspective and an annual budget.
When it comes to this type of financial aid that the Union grants to candidate countries and
potential candidates for membership, formally, the goal is to help facilitate/accelerate the
process of European integration in the mentioned countries, while essentially this aid
represents support for democratic and economic reforms, which the country should
implement.

THE RIGHTS OF AIR TRAFFIC PASSENGERS IN CASE OF FLIGHT CANCELLATION, REFUSAL OF ENTRY TO THE AIRCRAFT AND FLIGHT DELAY

Sara Bojkova, Sevda Memish, Jakim Iliev — Thu, 08 Aug 2024 09:14:35 +0000

The subject of research in this paper is “the rights of passengers in air transport, in
case of cancellation and delay of the flight and in the case of refusal of the passenger to enter
the air transport”.As an exceptionally important problem in the field of the protection of
passengers (the consumers ) in the air traffic, these issues can be the subject of analysis from
several aspects. In this paper, we will stay only on the legal aspects, taking into account the
legal framework, practice and business customs.
The main goal of the paper is to explain the rights of the passengers and to bring them
into relation with the practice. In this way, we will try to share some problems faced by air
travelers.
For a thorough and comprehensive analysis of this issue, we use an appropriate
methodology. The information, in the main paper, the analytical-descriptive method, the
comparative method, the method of deduction and induction will be used, and at the end we
will summarize with the exact truth, as our view of the analyzed problem.

MINIMUM WAGE IN EUROPE: A COMPARATIVE STUDY OF REGULATORY SYSTEMS

Hristina Grueska — Thu, 08 Aug 2024 09:17:45 +0000

The concept of a minimum wage is a kind of standard to ensure that workers receive
fair compensation for their work, thus preventing unjustified low wages. It is a standard set by
countries to protect workers from exploitation and to guarantee a basic standard of living.
Not all countries have established a national minimum wage, some have accepted and
applied alternative mechanisms for the protection of workers. But this inequality not only
reflects the economic diversity between European countries, but also highlights different
approaches to social protection and labor policies.This paper defines the minimum wage, analyzes the types of minimum wage
regulations in European countries and what is the degree of variation between these
regulations, as well as the specific ways in which they are enacted.

THE LEGAL CHALLENGES OF ASYLUM IN THE ERA OF THE REFUGEE CRISIS

Renata Daneva — Thu, 08 Aug 2024 09:20:35 +0000

In this paper I will discuss the topic "The legal challenges of asylum at the height of the
refugee crisis", where we will get to know the term asylum, how the status of asylum seeker
is acquired, asylum in history, asylum according to Macedonian law, procedure for acquiring
the right to asylum, the challenges of asylum, the legal framework, as well as the Asylum
Sector.
In our legal system, issues related to asylum refer to several legal sources: the
Constitution, the Law on Foreigners, the Law on Citizenship and the Law on International and
Temporary Protection.
The right to asylum is one of the basic human rights, according to the 1948 Universal
Declaration of Human Rights. Everyone has the right to seek asylum, except criminals and
persons who have violated the principles of the United Nations Charter. States are not obliged to grant asylum, but it is done on a voluntary basis. Some countries allow this right to be
claimed in diplomatic missions and missions.
Finally, through examples from everyday practice in this area, we will determine
whether the rights of persons seeking asylum are respected in order to determine whether the
basic human rights of persons seeking asylum are respected.

THE MACEDONIAN LANGUAGE MEDIA IN THE REPUBLIC OF ALBANIA IN THE PERIOD 1990-2023

Nikola Gjurgjaj — Thu, 08 Aug 2024 09:23:47 +0000

Macedonians in Albania, as part of the Macedonian people, nurture and affirm their
national and cultural identity in several ways. One of them is through the media. In Albania,
above all, in the places where Macedonians live, more media in the Macedonian language are
published in printed form, but there are also media in electronic form (local radios and
televisions). With the democratization of the Albanian society and the introduction of political
pluralism in Albania, several NGOs were registered by the Macedonians, which, above all,
had a mission to promote the rights of the Macedonians in that country, including in the field
of information.

LEGAL REGULATION AND CRIMINAL ASPECTS OF REPRODUCTIVE TECHNOLOGIES WITH SPECIAL REFERENCE TO SURROGACY

Elena Ivanova — Thu, 08 Aug 2024 09:26:49 +0000

One in eight married couples have problems conceiving naturally. The first baby born
using in-vitro fertilization was in 1978. Since then, over five million babies have been born
worldwide thanks to this technique. Another method that is used less often by people who
want to have a child is surrogacy. As one of the biomedical methods that allows solving the
problem of infertility, it was expressly prohibited by the Law on Biomedical Assisted
Fertilization from 2008, but in October 2014. the Law on Amendments and Supplements to
the Law on Biomedical Assisted Fertilization was passed. With this law, the acquisition of
parental rights is made possible in a legal way, for all partners who naturally cannot have
children. In this paper we will cover all the details about the entire procedure of in vitro fertilization, surrogacy, conception of a child through In vitro fertilization, pregnancy and birth
of the child by the surrogate mother; specific medical indications that should be on the side of
the married couple, the conditions that should be met by the female surrogate (gestational
carrier); the formal conditions - from the couple's request to the conclusion of a contract with
a gestational carrier certified by a notary; the parental rights and status of the surrogate mother
and the married couple; the rights and duties of the surrogate mother as well as the problems
related to our mentality for accepting this reproductive method for family expansion.

ORGANIZED CRIME IN THE WESTERN BALKAN COUNTRIES WITH SPECIAL REFERENCE TO MONEY LAUNDERING

Jovana Jangelovska — Thu, 08 Aug 2024 09:30:38 +0000

Money laundering is a criminal activity, the main purpose of which is to
conceal the true origin of the money and give it legality, i.e. a process through which all illegally
acquired funds are transformed, transported, converted or transferred, with a single purpose
- concealing their true purpose. origin, ownership or movement.
In the oldest written sources, the term crimen is mentioned, which means a crime, a
crime, a transgression, and under which is understood the behavior of an individual that is
contrary to the generally accepted standards, i.e. contrary to the interests of society, which is
why it was always reacted with repressive measures. Money laundering and organized crime
in general are really complex and complex topics that must be detected in time in order to
prevent future negative consequences that could arise.

CYBER VIOLENCE THROUGH THE PRISM OF JUSTICE FOR CHILDREN

Dragan Janev — Fri, 09 Aug 2024 09:25:12 +0000

Violence on social media nowadays is a huge and bad challenge for children. From
social media to online games, children are exposed to various forms of cyberbullying. This
includes threats, hate speech, online harassment, extortion and even cyber-sexual assault.
While the Internet offers countless opportunities to learn and connect with people around the
world, it is also a platform for potentially dangerous and harmful activities.
Legislation plays a key role in protecting children from digital abuse. Legislation needs
to be updated accordingly to respond to changing technologies and threats. At the same time,
it is necessary to ensure effective cooperation between the government, educational
institutions, families and online platforms to prevent and fight against digital violence.
Educating children about safe and responsible use of the Internet is essential, providing information on recognizing potential risks and techniques for protecting their personal
information.
It is essential that children's rights are protected in the digital space as well as in the
real world. The court must provide effective law enforcement mechanisms to punish those
who commit digital violence against children, while providing support and protection for
victims. Active collaboration between all stakeholders is essential to create a safe and
sustainable digital space for all children.

NEED FOR REGULATION OF MECHANISMS TO COMBAT CORRUPTION IN INTERNATIONAL COMMERCIAL AND INVESTMENT ARBITRATION

Stefani Mladenovska Stojanovska — Fri, 09 Aug 2024 07:40:39 +0000

Faced with a high rate of corruption in all spheres of social organization, there is an
inevitable need to regulate mechanisms for combating corruption in both international
commercial and investment arbitration.
The first point of discussion is whether in international commercial arbitration the
arbitrator has the authority to examine the existence of corruption in relation to the contractual
relationship subject to arbitration or if this is a reserved option for the state court in the
annulment proceedings from the perspective of violation of public policy rules.
The next significant issue analyzed in this paper, from the aspect of international
commercial arbitration, is the need to regulate an additional ground for annulment - the
existence of corruption in the direction of a transnational definition of corruption, as stated in
the UNCITRAL Model Law of 1985 (later revised in 2006), so that following the example of the
UNCITRAL Model Law, states incorporate this amendment into their national legislations.
Additionally, the current legal regulation regarding the annulment of arbitration
decisions made in international commercial arbitration due to the existence of corruption will
be examined indirectly, i.e., the possibility for the arbitration decision to be annulled if it is
established but from the aspect of violation of public policy rules.
Regarding investment arbitration, the question of strengthening tools for combating
corruption within the arbitration process and in the annulment process will be addressed.
An analysis of relevant judicial practice from the perspective of annulment, both in
international and investment arbitration, will not be omitted.

PRISON

Aleksandra Ristova — Fri, 09 Aug 2024 07:43:59 +0000

A prison sentence in law refers to the punishment imposed by a court on an individual
who has been convicted of a crime serious enough to warrant incarceration. It is a cornerstone
of criminal justice systems worldwide and serves multiple purposes, including punishment,
rehabilitation, deterrence, and societal protection.
When a person is found guilty of committing a crime, the judge presiding over the case
determines the appropriate punishment, which may include a period of time spent in prison.
The length of the prison sentence typically depends on various factors, such as the severity
of the crime, the defendant's criminal history, mitigating or aggravating circumstances, and the
jurisdiction's sentencing guidelines.

GENERATIVE ARTIFICIAL INTELLIGENCE AND GENDER BIASES: BETWEEN NEW TOOLS AND HUMAN RIGHTS

Tommaso Del Becaro — Fri, 09 Aug 2024 07:47:48 +0000

The research would investigate on the relationship between gender biases, arising
from the inequity of current society, and the development of Artificial Intelligence (AI). This
technology, mostly based on existing data, appears perpetuate, reinforce, and amplify social
biases, leading to various challenges and questions regarding its utilization.
The rapid growth of these new tools, and particularly Generative Artificial Intelligence,
has led to their adoption in different sectors and scenarios, ranging from art to digital
transformation, education to healthcare, including human resources and robotics. In fact, there
has been an exponential rise in generative AI tools over the last two years, with ChatGPT
alone reaching 100 million active users in January 2023.
These technologies promise to change the present and defining the future. Are we
ready to accept the fact that a so popular technology, extremely pervasive, albeit useful, is
gender-biased? The answer is clearly no, and we will aim to provide an overview of how these
biases are inherent in this technology and how this could increase the risk of case of digital
gender-based violence.
We will seek to investigate the various issues, including those related to human rights,
in which international organizations and forums where multiple stakeholders and experts
convene play a crucial role, promoting solutions and raising awareness for the users.

CRIMINOLOGY ASPECTS OF THE CRIMINAL OFFENSE OF STALKING WITH REFERENCE TO MACEDONIAN LEGISLATION AND PRACTICE

Leona Dimova — Fri, 09 Aug 2024 07:50:37 +0000

Through this paper we aim to explore the criminological aspects of Macedonian
legislation regarding stalking, with a special focus on its practice. Characterized by constant
and unwanted attention, surveillance and harassment, stalking often stems from power
dynamics and gender inequality, disproportionately affecting women. This widespread
problem results in serious psychological, emotional and physical consequences for victims.
This paper aims to conduct a comprehensive review of existing Macedonian laws, a
comparative analysis with international legal frameworks, contains qualitative data from victim
testimonies and interviews with experts to identify critical gaps in current legal provisions and
enforcement mechanisms.
With the help of this paper, we would emphasize the need for legislative reforms that
include clearer definitions, tougher penalties and improved safeguards. Also recommending
public awareness campaigns to educate the population about stalking and encourage reporting, as well as specialized training for police and court officials to deal more effectively
with stalking cases.

CHANGES TO CHAPTER XIX IN THE CRIMINAL CODE OF RNM FROM 2023 IN A COMPARATIVE ASPECT

Era Gjakova — Fri, 09 Aug 2024 07:53:31 +0000

Criminal law in North Macedonia is regulated through the Criminal Code, which entered
into force in 1996. But over the years, the Criminal Code has been amended and changed.
The latest changes include the changes approved and entered into force in 2023 where the
Criminal Code underwent changes that not only affected the legal personality, but also the
sanctions of the crimes. At the beginning of 2023, three major changes were made regarding
the content of the Code, which initially materialized the criminal acts in terms of international
legal assistance. Then we have the changes of many crimes from the chapter Crimes against sexual freedom and sexual morality, and the last changes approved in September fall under
the chapter Crimes against official duty.
The changes that were quite felt on the legal side were those of sexual crimes. In North
Macedonia, sexual crimes are criminalized in Chapter XIX, Crimes against sexual freedom
and sexual morality. And the procedure that is conducted to shed light on these crimes is
regulated by the Law on Criminal Procedure.
Sexual crimes are usually understood as all criminal acts that threaten and attack a
person's sexual integrity and morals. The protected subject of the acts included in this chapter
is the freedom of the person in gender relations.

Table of content

Natasa Doneva — Fri, 09 Aug 2024 07:55:28 +0000

Table of Content