Year: 2010
Title: АНАЛИЗА НА ПРЕКРШОЧНИТЕ ОДРЕДБИ ВО РЕПУБЛИКА МАКЕДОНИЈА ВО ОДНОС НА ВИСИНАТА НА ГЛОБАТА
Author: Lazetic, Gordana
Author: Gruevska Drakulevski, Aleksandra
Abstract: The authors of the paper conducted an analysis of the provisions on misdemeanours contained in more than 230 laws in the Republic of Macedonia in terms of the minimum and the maximum amount of the sanction for misdemeanors - fine. The authors analyzed the provisions on misdemeanours on the amount of the fine and in relation to: • Individuals; • Individuals for misdemeanors committed by self-interest or that are causing greater property damage; • Fines on the spot for individuals; • Legal persons; • Legal persons for misdemeanors committed by self-interest or that are causing greater property damage; • Fines on the spot for legal persons; • Responsible person in legal entity or officer or sole proprietor, • Responsible person in legal entity, officer or sole proprietor for offenses committed by self-interest or that are causing greater property damage; and • Fines on the spot for a responsible person in legal entity, officer or sole proprietor. The general conclusions of the conducted analysis is that there is an obvious disparity in the amounts of fines that the court can pronounce acting under the provisions of the Law on Misdemeanors as lex generalis and those that can be can pronounced by misdemeanor authority under the laws which provide provisions on misdemeanors as lex specialis. The noted discrepancy is due to the massive application of the provisions under paragraph 3 of article 15 of the Law on Misdemeanors, for individuals or paragraph 4 of article 38 of the Law on Misdemeanors for legal persons. Although these provisions have the status of the exception in the Law on Misdemeanors, they turn into rule in most of the material laws. Therefore, there is a pressing need to amend these provisions of the Law on Misdemeanors that lead to absurd situations, and thus dilute the meaning of punishment, on the one hand, and the essence of misdemeanor, on the other hand.
Publisher: MACEDONIAN JOURNAL FOR CRIMINAL LAW AND CRIMINOLOGY
Relation:
Identifier: oai:repository.ukim.mk:20.500.12188/1864
Identifier: http://hdl.handle.net/20.500.12188/1864
