The use of special investigative measures in the Republic of North Macedonia – legal provisions and human rights aspects Cover Image

The use of special investigative measures in the Republic of North Macedonia – legal provisions and human rights aspects
The use of special investigative measures in the Republic of North Macedonia – legal provisions and human rights aspects

Author(s): Leta Bardijeva Miovska
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: investigations; measures; procedures; security sector reform; human rights

Summary/Abstract: The special investigative measures are ante delictum measures, introduced in the Republic of North Macedonia as part of the Law on Amendments to the Law on Criminal procedure in 2004. The starting hypothesis of this paper refers to the inviolability of the respect of human rights during the implementation of the special investigative measures, which counterpoise a fundament in the aspect of reformed functioning of the security sector, according to the principles of good governance. The additional variable in relation to the hypothesis is that the arbitrariness and/or abuse of the application of the special investigative measures can undermine the protection of the core values which they are intended to protect. The methodology applied for creating this paper is both qualitative and quantitative, depicting analysis of the national legislative framework and international standards, interpretation of guidelines and manuals for the special investigative measures enforcement by the relevant institutions, comparison, as well as measuring trends in the appliance of the measures.

  • Issue Year: 2022
  • Issue No: 8
  • Page Range: 239-254
  • Page Count: 16
  • Language: English