Sui Generis

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

Abdülmecit Nuredin — 2024-08-12

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.

LEGAL PERSPECTIVE ON TEMPORARY PROTECTION STATUS AND THE CITIZENSHIP APPLICATION PROCESS FOR SYRIANS IN TURKEY

Zoran Filipovski — 2024-08-12

The civil war that started in Syria in 2011 caused the displacement of thousands of Syrians. With most of the displaced people migrating to Turkey and the inability to return caused by the civil war, the rights to protection arising from international law have emerged. This study examines the legal framework surrounding the temporary protection status granted to Syrians in Turkey and the process of applying for Turkish citizenship. It provides a comprehensive overview of the legislative measures and regulations that govern the rights and obligations of Syrians under temporary protection, including various laws, decrees, and administrative guidelines established by Turkish authorities to manage the large influx of Syrian refugees.

The analysis delves into the eligibility criteria for obtaining citizenship, which encompass a range of legal, social, and economic requirements that Syrians must meet. These criteria often involve demonstrating a certain period of continuous residence in Turkey, proficiency in the Turkish language, and financial self-sufficiency. The procedural requirements are also scrutinized, detailing the step-by-step process that applicants must follow, including the submission of necessary documents, background checks, and interviews with immigration officials.

Moreover, the study addresses the potential challenges and barriers faced by Syrians seeking to transition from temporary protection to citizenship. These challenges can include bureaucratic hurdles, lengthy processing times, and the complexities of navigating the legal system. By providing this detailed analysis, the study aims to shed light on the complexities of the legal journey from temporary protection to citizenship for Syrians in Turkey.

RESPONSIBILITY OF THE JUDGES IN THE REPUBLIC OF NORTH MACEDONIA

Azam Körbayram — 2024-08-12

This paper aims to explain and analyze the responsibility of the judges, both of criminal-legal, disciplinary and civil-legal responsibility, which is associated with the performance of judicial duty, which implies conscientious performance of the function of adjudicating citizens disputes, exclusively on the basis of law. According to the theory of separation of powers, which has a significant role in the constitutional order of R. North Macedonia, in addition to the legislative and executive power, the third power, that is, the judicial power, is responsible for resolving disputes at the institutional level, also between citizens. Namely, this authority is realized by the verdicts and decisions of independent and the autonomy judges. The judge, while performing his official duty (independent and autonomy), acts as a body of state, not in his own name, but in the name and in the interest of the state and the citizens.

In the Republic of North Macedonia, for a long period of time, reforms in the judiciary have been continuously implemented, which from many are of essential nature. A few legal and institutional changes have been adopted which represent a solid basis for the successful implementation of the responsibility of judges, with the goal of establishing a fully independent judiciary, but things are quite complicated and difficult.

ENFORCEMENT CIVIL PROCEDURE IN ANCIENT ROME

Dijana Gjorgieva — 2024-08-12

The enforcement civil proceedings in ancient Rome have experienced many transformations during evolution. Thus, in the first stage of the evolution of the enforcement of Roman law, the system of personal execution was established - the execution was directed to the debtor's personality, and in the second system of property execution - the execution was directed to the property of the debtor. The execution systems that introduce Roman procedural law are not unknown to the modern enforcement civil process in which property execution is the rule, and its personal execution is an exception. Hence, it can be rightly concluded that modern enforcement civil proceedings arose as a reflection of the Roman execution procedure by transforming its institutes according to the needs of her time.

THE CONCEPT AND SOURCES OF LEX MERCATORIA

Jordan Delev — 2024-08-12

Lex mercatoria, refers to a body of principles and rules that govern international commercial transactions. Emerging as a response to the complexities and cross-border nature of modern commerce, lex mercatoria represents a set of norms derived from international customs, practices, and agreements rather than from national legal systems. This paper seeks to explore the evolution, sources, and contemporary relevance of lex mercatoria in the context of global trade.

The primary purpose of this paper is to provide a comprehensive definition of lex mercatoria and to analyze its sources. These sources encompass a variety of international instruments, such as conventions, model laws, standard contracts, and arbitration rules, which collectively contribute to the formation and application of lex mercatoria. By examining these sources, this paper aims to illustrate how lex mercatoria adapts to the evolving needs of international trade, facilitating efficient and predictable resolution of disputes across different jurisdictions.Methodologically, this study employs a doctrinal approach, synthesizing and analyzing existing legal literature, treaties, and case law related to lex mercatoria.

This paper contributes to the ongoing discourse on lex mercatoria by offering a nuanced understanding of its definition, sources, and role in shaping the landscape of international commerce. It underscores the importance of lex mercatoria in promoting uniformity and efficiency in global trade while acknowledging the need for continuous adaptation and integration with national legal frameworks.

THE CONCEPT OF HUMANITARIAN INTERVENTION AND THE LEGAL ANALYSIS OF THE CASE OF KOSOVO

Azam Körbayram — 2024-08-12

This study aims to examine the international legal dimension of humanitarian military intervention, with a focus on NATO's intervention in Kosovo as a significant example. From an international law perspective, NATO's intervention in Kosovo represents a case where a regional organization used force for humanitarian purposes in the absence of United Nations (UN) action during a humanitarian crisis. However, this intervention differs from other cases in that it faced opposition and the use of veto power from two permanent members of the UN Security Council, Russia and China. As a result, the Kosovo intervention, carried out without the authorization of the Security Council, sparked a global scholarly debate about the functionality of the UN collective security system. In this regard, the Kosovo intervention represents a precedent in both doctrine and practice. In this context, it is crucial to first examine the concept of humanitarian intervention, the theories related to it, and the legal status of the humanitarian intervention conducted in Kosovo. Therefore, this study relies on international documents, decisions, the founding documents of international organizations, books, and scientific journals, utilizing a literature review method for scientific research. The study is limited to the humanitarian intervention in Kosovo. Consequently, the focus will be on discussing whether the intervention was conducted in accordance with international law.

THE DEVELOPMENT OF HUMAN RIGHTS IN POST INDEPENDENCE KAZAKHSTAN

Svetlana Baymoldina — 2024-08-12

Following its independence, Kazakhstan has implemented various reforms in the field of human rights. These reforms encompass constitutional and legal regulations, political and legal reforms, freedom of the media and expression, economic, social and cultural rights, as well as judicial independence and the rule of law.

In 1993 and 1995, Kazakhstan adopted two significant constitutions, enshrining human rights and fundamental freedoms within its constitutional framework. Participation in international human rights conventions has supported Kazakhstan’s efforts to elevate its human rights standards. Despite democratization efforts in the post-independence period, the political structure, characterized by a strong executive branch and extensive powers granted to the President, has limited the democratization process.

Legal reforms have aimed to strengthen judicial independence and the rule of law. In the early years of independence, freedom of the media and expression was significantly restricted due to state control and censorship practices. Pressures on journalists and media organizations led to widespread self-censorship.

Kazakhstan has taken substantial steps in expanding access to education and healthcare, protecting workers' rights, and supporting cultural rights. Reforms in education and healthcare have improved citizens’ access to these services. Workers' rights and union activities have been legally protected. Minority rights and cultural diversity have been preserved, promoting the integration of minority groups into social life.

Within these paradigms, this study examines the development of human rights in Kazakhstan across different fields and time periods. The research investigates the achievements and shortcomings in human rights development in Kazakhstan during the post-independence period.