2 2 2021 2020-06-30 https://jlp.ibupress.com/issue/volume-2-issue-2 2671-342X 2671-3438 Balkan University Press https://jlp.ibupress.com

the-evolution-of-diplomacy-and-social-sciences 2021 2 Diplomacy as a management of relations between states has millennia long tradition. Developed through four main phases (early, classical, modern and postmodern), it has always been in a function of a concrete social and historical situation as well as dependent on it. Diplomacy is a highly complex social term and phenomenon. Its appearance within the context of social sciences started with the approach of history (Thucydides), continued with political sciences (Machiavelli) and followed by international law (Grotius). Nicolson and Satow launched focused research of diplomacy that led through theories of international relations, law and political sciences to a forming of diplomatic studies (Berridge) a few decades ago. Researched by sociology of diplomacy (Jazbec), diplomacy demonstrates its vitality, continuity and interdisciplinary substance. Social sciences remain to be the main research frame for contemplating, implementing and use of diplomacy in understanding and managing relations among international actors.

]]> diplomacy, social sciences, history, political sciences, international law, diplomatic studies, sociology of diplomacy 2020-06-30 https://jlp.ibupress.com/articles/the-evolution-of-diplomacy-and-social-sciences 2 1-17 en CC BY-NC-ND 4.0 https://creativecommons.org/licenses/by-nc-nd/4.0/ https://jlp.ibupress.com/file/ElJIbtALtDA/29-pdf.pdf Milan Jazbec University of Ljubljana, Ljubljana, Slovenia; Nova Univerza, Ljubljana, Slovenia true 2671-342X 2671-3438 Balkan University Press https://jlp.ibupress.com

some-aspects-of-legal-and-political-philosophy-case-study-philosophy-of-islamic-law 2021 2 Debates associated with politics are very closely connected with the role that laws play in articulating public values. We note that a wide-ranging study of political institutions without attention to the law is incorrect. This article describes the importance of connections between legal and political philosophy for the academic understanding of social reality. Political and Legal Philosophy analyze the situations of having abstract political ideas and how to move these ideas to concrete policy proposals or actions. We have a particular interest in the history of political and legal thought, and how they are connected with contemporary issues. In this paper we illustrate the examples from history of Islamic Law and social development of Islamic legal schools. The Islamic law, as product of Islam and as case study of this paper is derived from the Quran, Hadith, and sunnah, history of Islam, and elements of political movements outside of Islam.

]]> Political Philosophy, Ethics, Law, Politics, Islamic Law, Society, State, Institutions, Ideals, Constitution, Legal Philosophy 2020-06-30 https://jlp.ibupress.com/articles/some-aspects-of-legal-and-political-philosophy-case-study-philosophy-of-islamic-law 2 18-23 en CC BY-NC-ND 4.0 https://creativecommons.org/licenses/by-nc-nd/4.0/ https://jlp.ibupress.com/file/KEX8miwTLKM/30-pdf.pdf Bejtulla Demiri International Balkan University true 2671-342X 2671-3438 Balkan University Press https://jlp.ibupress.com

the-impact-of-the-covid-19-pandemic-on-human-rights-and-their-restriction-through-the-prism-of-the-fair-trial-principle-in-criminal-proceedings 2021 2 Today the world is facing a new challenge, called COVID-19. The pandemic caused by this virus is a global, primarily health problem, but also a general problem that has affected more than millions of people from almost every country on the planet. In such circumstances, countries face the challenge of tackling an unknown enemy, protecting their citizens, while not violating their freedoms and rights. However, it seems that one does not go without the other, and the global pandemic dictates a new way of running the "normal" functioning of the world, by imposing an urgent obligation to undertake a series of "extraordinary" measures. However such extraordinary measures largely encroach on the democratic values of states, placing the enjoyment of human rights and freedoms in question with the justification - achievement of the common good. Hence, the picture is real of states that in the fight against the "invisible enemy" crossed the allowed borders and went so far as to derogate rights, which should not be derogated under any circumstances.There are certain institutions, functions, and instruments that are a key link in a democratic society and their work should not be completely stalled under any circumstances. One of those links of democracy is the judicial system, and the work of the courts and the judicial administration must not be questioned even under these conditions of a global pandemic, primarily due to the fact that they are a guarantee for the realization of one of the essential human rights - the right of access to justice and the right to a fair trial.The personal and physical presence of the parties during the trial is invaluable. However, the current situation with Covid19 dictates the previous experience from the spring of 2020 to be considered, and it is desirable that no ideological approach be taken, whether in favor of or against a videoconference. Special focus of the paper is put on the various aspects of the right to a fair trial as set out in Article 6 of the European Convention on Human Rights (ECHR) during the Covid 19 pandemic, and in particular on the provision of procedural guarantees in court proceedings during this extraordinary health crisis.

]]> human rights, access to justice, right to fair trial, COVID-19 2020-06-30 https://jlp.ibupress.com/articles/the-impact-of-the-covid-19-pandemic-on-human-rights-and-their-restriction-through-the-prism-of-the-fair-trial-principle-in-criminal-proceedings 2 24-34 en CC BY-NC-ND 4.0 https://creativecommons.org/licenses/by-nc-nd/4.0/ https://jlp.ibupress.com/file/GSkdN7MRLER/31-pdf.pdf Vesna Trajanovska International Balkan University true 2671-342X 2671-3438 Balkan University Press https://jlp.ibupress.com

the-adequacy-of-mediation-in-resolving-civil-disputes 2021 2 Mediation in the legal system of Republic of North Macedonia has been officially recognized in 2006, which was the year of reform for the judiciary of our country when the first law on mediation was issued as an alternative of the court procedure, while amendments and additions of the law and finally the issuance of a new law in 2013 paved the way for the further development of the mediation procedure. Because mediation presents a new concept, in theory and in practice the purpose, its elements and expectations are not very much analyzed and elaborated. But if we analyze this concept we will see that the idea of resolving disputes through mediation as an alternative dispute resolution method without the participation of the element of justice, in fact does not present a bad idea. Although it is thought that this way will greatly affect the solution of the problem with the overload of the judiciary in our country, mediation is considered of good potential to start in this direction, but still, most of the work remains with the judiciary itself, who should pursue mediation in terms of the effectiveness of dispute resolution, and why not in terms of its economy. In a relatively large number of cases, alternative dispute resolution methods, including mediation as such, can lead to a more creative, faster and cheaper dispute resolution as well, compared to resolution which can be reached in court. This paper will focus on the facts that support the success of mediation in resolving civil disputes and also will include recommendations for eventual changes to the Law on mediation and the Law on contentious procedures also to ensure easier and greater access of citizens for taking the necessary legal protection for their for their injured or threatened civil rights.

]]> Mediation, Contentious procedure, Civil disputes, Law on mediation, Law on contentious procedure 2020-06-30 https://jlp.ibupress.com/articles/the-adequacy-of-mediation-in-resolving-civil-disputes 2 35-42 en CC BY-NC-ND 4.0 https://creativecommons.org/licenses/by-nc-nd/4.0/ https://jlp.ibupress.com/file/277tLcqnKAP/32-pdf.pdf Fjolla Kaprolli 1 International Balkan University true 2671-342X 2671-3438 Balkan University Press https://jlp.ibupress.com

typologies-of-financial-crime 2021 2 Determining the types of each type of crime is extremely important for its study. In criminology, the truth of typology has long been known crime has more than just academic significance. They contribute to better systematization certain forms of crime and creating the preconditions for finding effective ways for its suppression. This is especially important when it comes to financial crime, having in mind its social danger and harm to the financial system as a whole. U in accordance with the above, the paper will present different typologies of financial crime. The intention of the author is not to plead for one of the divisions of financial crime, but to point out their importance for suppression through their systematic and clear presentation of this form of crime. All this indicates the descriptive character of the work. We believe that such an approach is necessary in modern criminology, especially when it comes to studying complex forms of crime, which is certainly financial.

]]> criminal law, financial crime, typologies 2020-06-30 https://jlp.ibupress.com/articles/typologies-of-financial-crime 2 43-53 en CC BY-NC-ND 4.0 https://creativecommons.org/licenses/by-nc-nd/4.0/ https://jlp.ibupress.com/file/AIndpik7lIs/33-pdf.pdf Haris Muminovic International Balkan University true 2671-342X 2671-3438 Balkan University Press https://jlp.ibupress.com

legal-issues-in-higher-education-in-the-republic-of-north-macedonia 2021 2 Since education, is the basic of any society, its legal regulation is also of special importance. In our society, there are three levels of education; the primary, secondary and tertiary. The focus of our work will be on legal issues of higher education. In our country, directly related to the changes that are made in the legal aspect on higher education, the government that is in power has influence. Thus, the changes that the law on higher education undergoes in the Republic of Northern Macedonia are actually brought by the government that holds power. Over the years, the law on higher education has undergone many changes. Sometimes, the legal rules of this law have been strengthened by becoming more strict and other times the same articles have been less strict, always the government adapting perhaps to their professionals who also support them. Therefore, analyzing the legal rules in general over the years, in this paper we will highlight the strengths and weaknesses of these rules. We will also highlight the fact that some legal rules should not be as they are, due to the fact that they leave room for manipulation in practice. All this, because, there are legal gaps which must be filled with fair legal rules. On the other hand, we will highlight the aspect of how much these legal rules are applied in higher education by higher education institutions and whether there is political pressure on how to apply the legal rules on those who apply them. And, finally we will bring our thoughts on what needs to be changed in terms of legal rules on higher education in our state, based on the practical aspect so far.

]]> Legal Regulation, higher education, the influence of government, legal gaps, Changes to be made on the aspect of legal rules 2020-06-30 https://jlp.ibupress.com/articles/legal-issues-in-higher-education-in-the-republic-of-north-macedonia 2 54-60 en CC BY-NC-ND 4.0 https://creativecommons.org/licenses/by-nc-nd/4.0/ https://jlp.ibupress.com/file/Bpl0e3nZAIY/34-pdf.pdf Xhemile Saliu International Balkan University true 2671-342X 2671-3438 Balkan University Press https://jlp.ibupress.com

reoprnong-of-civil-proceedings-in-the-light-of-the-macedonian-law-on-civil-procedeeings-and-the-eli-unidroit-model-european-rules-of-civil-procedure 2021 2 Litigation is an essential method of protecting citizens' subjective rights and interests. The ultimate goal of the litigation is lawful judgment. In spite of this tendency the court may make an unlawful or incorrect judgment due to violations of the procedure, the incorrect or incomplete determination of the facts or wrong application of the substantive law. It is for these reasons the dissatisfied party, may submit ordinary or an extraordinary legal remedies, i.e. he/she may request the competent court to reconsider the judgment rendered in the particular legal matter. The reopening of civil proceedings is an extraordinary legal remedy, which is submitted after the national court’s judgment has become final on grounds specifically provided in the law on civil proceedings. Such a review may, if successful, rescind a judgment that has become res judicata. This article undertakes an in-depth analysis of the provision concerning the reopening of civil proceedings in the currently valid Macedonian Law on Civil Proceedings vis-à-vis the ELI/UNIDROIT Model European Rules of Civil Procedure. It locates the discrepancy of the Macedonian legislation with the ELI/UNIDROIT Model European Rules of Civil Procedure and gives prepositions for its de lege ferada improvement and development.

]]> Civil proceedings, Reopening, Judgment, Macedonian Law on Civil Proceedings, ELI/UNIDROIT Model European Rules of Civil Procedure 2020-06-30 https://jlp.ibupress.com/articles/reoprnong-of-civil-proceedings-in-the-light-of-the-macedonian-law-on-civil-procedeeings-and-the-eli-unidroit-model-european-rules-of-civil-procedure 2 61-66 en CC BY-NC-ND 4.0 https://creativecommons.org/licenses/by-nc-nd/4.0/ https://jlp.ibupress.com/file/33YkYVkuMrO/35-pdf.pdf Zorica Stoileva Ss. Cyril and Methodius University true Dijana Gjorgjieva International Vision University, Gostivar, North Macedonia 2671-342X 2671-3438 Balkan University Press https://jlp.ibupress.com

the-role-of-modern-tools-for-electronic-communication-vis-vis-violation-of-labor-rights-international-and-macedonian-perspective 2021 2 Rapid development of communication technologies results in burdening employees with business related tasks beyond working hours. Several countries including European Union are undertaking actions to tackle this issue. Laying out some excelling international practices the study focuses on exploring the actual situation regarding the violation of working hours in Republic of Macedonia via tools for electronic communication. Semi structured interviews with employees and relevant social partners, as well as review of existing legislative and other documents were used for data gathering, and content analysis was deployed for analyzing the data. France and Germany are countries that champion the efforts for stopping the afore mentioned violation. Concerning Macedonia, results reveal there are many cases of violation of working hours through tools for electronic communication, both in public and private legal entities. There is not any specific regulation addressing this issue, the provisions of the labor legislation are lacking clarity, and the employees are reluctant to use the available legal instruments fearing subsequent retribution from the employers. The Employers Association does not consider the after work electronic communication as serious violation of employees’ rights. The Parliament and Labor Inspection should act on upgrading the legislation in direction of stopping this illegal practice, and efficiently observe its implementation.

]]> labor rights, work-life balance, right to disconnect 2020-06-30 https://jlp.ibupress.com/articles/the-role-of-modern-tools-for-electronic-communication-vis-vis-violation-of-labor-rights-international-and-macedonian-perspective 2 67-76 en CC BY-NC-ND 4.0 https://creativecommons.org/licenses/by-nc-nd/4.0/ https://jlp.ibupress.com/file/CmUjQA80O53/36-pdf.pdf Aleksandar Petkovski true Ivan Bimbilovski Jovanka Damoska 2671-342X 2671-3438 Balkan University Press https://jlp.ibupress.com