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9 Facta Universitatis, Series: L. & Pol. 1 (2011)

handle is hein.journals/fauvisie9 and id is 1 raw text is: FACTA UNIVERSITATIS Series: Law and Politics Vol. 9, N°1, 2011, pp. 1 - 18 Scientific Review, Debate MISDEMEANOR - A BASIS FOR (NOT) PROTECTING THE ENVIRONMENT UDC 502.14:343.34 Borce Davitkovski, Dragan Gocevski The School of Law Iustinian I at St. Cyril and Methodius University, Skopje, Macedonia Abstract. In this paper, an attempt is made to delineate the criminal act from administrative infractions. This delineation is essential to the imposition of sanctions (criminal or misdemeanor) in cases of violations against the natural environment. All exposed elements support the quantitative differences between criminal acts and violations based on different levels, higher or lower, of violations of the legal good, which indisputably are treated as criminal offenses and not as part of administrative infractions and represent the basis for an integrative approach to criminal acts. All this does not exclude the need for the correction of certain disadvantages of their treatment as punishable offenses in the jurisdiction, emphasized by the fact that there are numerous lesser infractions. Thus a revision of the Act on Misdemeanors is more than necessary. In addition to decriminalizing such violations, the court can become disburdened by introducing alternatives to tortuous liability and introduction of procedures in the form of mediation in the Act on Misdemeanors. This would leave such procedures to be dealt with by competent police authorities and administrative authorities before they go to court, only leaving difficult and appealed cases to the judiciary. Likewise, changes in the Act on Misdemeanors should include further measures to simplify and accelerate the legal procedure for infractions and misdemeanors. Key words: crime, administrative infraction, environmental protection. DILEMMAS RELATED TO THE APPLICATION OF THE ACT ON MISDEMEANORS SO FAR The Macedonian legal system defines two categories of punishable acts: criminal of- fenses and misdemeanors. Criminal offenses are regulated in the Criminal Code, while misdemeanors are covered in the Act on Misdemeanors. The 1995 Act on Courts abol- Received May 04, 2011 / Accepted May 20, 2011 Corresponding author: Borne Davitkovski School of Law Iustinian I at St. Cyril and Methodius University, Skopje, Macedonia Tel: +389 3117-244/117 - E-mail: bdavitkovski@yahoo.com

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