THE JUDICIAL SYSTEM IN MACEDONIA AT THE BEGINNING OF THE 20TH CENTURY

Abstract

         At the beginning of the 20th century, Macedonia's judicial system underwent a profound transformation following the end of Ottoman rule and the region's transition to Serbian control. During this period, the legal landscape was diverse and mosaic-like, with the legal order intertwined with religion, nationality, and traditions. With the end of Ottoman rule, the Serbian legal tradition, which began with Dušan's Code in 1349—a document regarded as a manifesto—laid the foundation for a new order and concept of justice. The inclusion of Macedonia into Serbia initiated a reorganization of the legal system, aiming to establish a modern judicial framework.

         In the post-independence period, the Serbian government undertook various measures from 1912 onwards to restructure the legal system in the region. Initially, the "Regulation on the Establishment and Procedure of Courts" was issued in 1914, establishing regional courts and assigning judges to judicial duties in Macedonia. During this time, a Supreme Court was established in Skopje, functioned as the highest judicial authority for all courts in the region. Additionally, due to the shortage of judges, citizen judges were also appointed.

        Judicial issues in Macedonia have attracted attention, especially regarding land reform and the regulation of property rights. Courts were initially unable to handle property cases, but subsequent legislation rectified this issue. The 1914 regulation also established Sharia courts, granting jurisdiction over family and inheritance matters for the Muslim population. In 1929, with the formation of Yugoslavia, the existence of various legal regions was seen as an obstacle to political and national unity, leading to the unification of these judicial systems under a single framework.

        By the 1930s, new laws and regulations facilitated the creation of a modern and effective judicial system in Southern Serbia. By 1934, regional and district courts were established, and a new Court of Appeal was inaugurated in Skopje. These courts ensured access to justice by implementing civil and criminal procedures. These innovations in Macedonia were carried out to increase the legal security of the region and strengthen the public's confidence in the justice system.

        Judicial reforms carried out in Macedonia at the beginning of the 20th century dismantled the remnants of the Ottoman judicial system and laid the foundations for a different/mixed legal order. This process led to significant changes in the social, economic and cultural life of the region and aimed to ensure justice by protecting the legal rights of the people. The legal regulations and the establishment and the new judicial system established in this period constitute the main topic of this scientific paper.