Правна помош

Igor888 напиша: Good evening Makedon! We have similar systems of the right, distinction that at us кодифицированы the basic rules of law in the Civil code. We also have gaps in the right, gaps in the law, and also a collision of norms of the right. In the first case we apply analogy of the law, analogy of the right, in the second - the law which has the status above is applied., but also there are some variants of its application. Judiciary practice also isn't source right , but for lately is very often applied, both courts and lawyers. My personal opinion: the given practice in my country actually is legal nihilism as as already spoke, the opinion of the Supreme court often enough changes, and decisions very often are accepted without the basic positions stated in Resolution of plenum of the Supreme Court which have more constant character. Actually there is no principle of competitiveness, equality of the parties, disposition in a lawsuit , in a consequence of it, often lawsuit   has formal character, and decision-making also. Such position actually brakes development of legal system.

Good evening Igor!

That is the distinction between our legal systems, and from what we wrote, it is the only reason. I forgot to mention above that we have monistic legal system, and that according to the Constitution, the international legal agreements, that are ratified according to the Constitution, are part of our law and those can not be changed by law. So on one hand it gives them privileged position, but on the other, they become part of our law with an act of ratification.

And also forgot to say, that the International private law, is also regulated by law ( Law of international private law ) and the ratified conventions.

Analogy is applied here too, although in the penal material law is strictly forbidden. In the penal procedure it is allowed.

In the Law of obligational relations, when it comes to interpretation of agreements, there are articles that stipulate how an agreement would be interpreted.

Here, when it comes to the legal opinions and basic positions, many judges accept them without a word. They say: "Why should I think whether it is right and wrong. If the verdict goes to the Court of Appellation , and if it passes there, it would certainly end at the Supreme court, which would abolish the verdict and send it back to me again".

There are two cases when the Supreme Court changed a position and legal opinion because of a judge. It was because of a young and ambitious judge, who decided that the legal opinion and basic position of the Supreme Court is wrong. So, in the verdict, he wrote why he decided the case like that, so when it came before the Supreme Court, the Supreme Court changed its opinion and accepted the verdict.

When it comes to lawsuits, answers on lawsuits, litigations, and the formalization on whole process, that is not the case only in Ukraine. That is not because of the countries, but because of the system they were part of many years ago.

Here the same happened, although it is changing, but there would be some bad effects of these changes too. The now changes are especially in the Penal procedure. The new Law of penal procedure, which would start to be applied after 2 years, is a copy of the American penal procedure. That is adopted because of the reform of the Macedonian judiciary.

The Litigation procedure has also many changes, that make him similar, if not equal to the procedural law of common law countries. Those changes would especially be applied from September.

Good evening Makedon!
We have similar systems of the right, distinction that at us кодифицированы the basic rules of law in the Civil code. We also have gaps in the right, gaps in the law, and also a collision of norms of the right. In the first case we apply analogy of the law, analogy of the right, in the second - the law which has the status above is applied., but also there are some variants of its application. Judiciary practice also isn't source right , but for lately is very often applied, both courts and lawyers. My personal opinion: the given practice in my country actually is legal nihilism as as already spoke, the opinion of the Supreme court often enough changes, and decisions very often are accepted without the basic positions stated in Resolution of plenum of the Supreme Court which have more constant character. Actually there is no principle of competitiveness, equality of the parties, disposition in a lawsuit , in a consequence of it, often lawsuit   has formal character, and decision-making also. Such position actually brakes development of legal system.

Фала Македон,само ме интересира,во случај ако болниот во меѓувреме почине дали има право на поврат на средствата.

  Ајде сега малку нашки.....!
 
  Ме инересира дали корисник на бензија,кој е бочинад му следува боврад на средсва за извршена оберација и лекови реку бензискиод  фонд.

Good evening Makedon. You can explain to me as your legal system is building?
We have the Constitution the main law . The civil code which establishes main principles property and not property relations as physical and legal bodies. The family code, the Economic code, Ground.... Are accepted taking into account the constitution and positions of the civil code, shouldn't contradict them, are special laws and in more details regulate corresponding legal relationship. The criminal code, the Housing, Labour code also are special laws. Further on legal value there are laws, and further under law

Good evening Macedon.Principle of activity of the enterprises, legal forms... have much in common.
Liquidation of the legal person is possible under the decision of its participants, or on a judgement, in case of a recognition of the state registration to declare invalid. This kind of liquidation is regulated by the Civil code and some laws but if it is not enough property of the legal person for repayment of a creditor debt liquidation process occurs according to the law on restoration of solvency of the debtor or a recognition its bankrupt. From among economic societies we also have a full society - in which its participants answer solidary on society debts with all property, special partnership- actually isn't present, a society with the limited responsibility - the participant can bear responsibility for the debts the share in a society, the joint-stock company answers only on the debts, shareholders don't bear responsibility for society debts. There are also other forms of a society, less widespread at us.
The physical person-businessman answers on debts with all property.
According to the Law «About restoration of solvency of the debtor and whether recognitions» to the debtor are applied by its bankrupt next stages of bankruptcy: the order property of the debtor, the agreement of lawsuit, sanitation of the debtor, bankrupt liquidation.
Liquidator gives to committee of creditors the sanitation plan if there are investors, also it is coordinated with investors. The sanitation plan contains ways of restoration of solvency of the debtor: enterprise re-structuring, a choice of other profile, closing of unprofitable manufactures, a delay or the installments of payments or their pardon (write-off) of a part of a debt-agreement of lawsuit, debt receivable liquidation, sale of a part of property of the debtor, reception of the credit for payment of the severance pay to workers which are subject to dismissal, it agree the sanitation plan, transfer by the investor of a debt of the debtor … The economic court the definition confirms the plan of sanitation of the debtor. Enterprise sanitation can be appointed to term of 12 months, in case of expediency of +6 months.
Also in validity sanitation to act moratorium on satisfaction of creditor requirements-terminations of payment operates with the debtor of liabilities and obligatory payments which was till moratorium introduction, actions directed on maintenance of these obligations, and also payments of taxes and tax collections (obligatory payments) which was till the moratorium. After the expiry of the term of sanitation creditors and operating sanitation brings an action written statement to court: 1. The termination of procedure of sanitation, in connection with solvency restoration debtor.2. - - , recognitions of the debtor the bankrupt and opening of liquidating procedure debtor.3. - -, + the agreement of lawsuit.

Igor888 напиша: In are a Kavardachi there is a prison?

No,according to the Law of the execution of sanctions, there is not a prison in Kavadarci.