Legal - political aspects and consequences of performance of search of official premises of political parties

Georgiev, Toni and Andonov, Oliver (2020) Legal - political aspects and consequences of performance of search of official premises of political parties. Knowledge - International Journal, 42 (5). pp. 957-964. ISSN 2545-4439

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Abstract

Abstract: The purpose of this paper is to make a comparative analysis of the legal-political aspects of the search as a police-investigative action within the criminal procedure conducted on a political legal entity in the Republic of Macedonia, as well as an analysis of the political and legal consequences on the political entity. from the search of the official premises.
The paper applies a comparative analysis of the legal regulations of the search procedure, as well as an analysis of the political aspects and consequences from the point of view of the current situation in Macedonia. It is noticeable that the legal-police procedure "Search of home and other premises", which includes the search of the official premises of political parties as political legal entities in Macedonia, leaves the possibility for its political abuse. Namely, despite the legal regulations related to the exact provisions on who, in what situation, for what purpose and in what way can issue a search warrant, the motives and the explanation for the request for approval of the search are debatable, and in the absence of specific indications or evidence of a crime. The political aspect seen through the prism of the current situation in Macedonia gives us a sufficiently objective sense of the open possibility of abuse of the criminal investigation procedure "search". This feeling refers precisely to the goals, motives and future tendencies that need to be achieved from a political point of view, in order to publicly compromise the political entity or its members, to obtain sensitive political information about the work of the political entity, as well as documents that would affect of the future political activities and strategies of the entity. Exactly this approach opens the possibility for legal abuse of the search instrument, which in addition to the legal consequences and the definition of legal provisions is discussed in this paper.
It is necessary to make legal changes regarding the search of official premises of political entities and to precisely regulate the reasons for conducting the search, the exact premises, as well as the precisely defined evidence required, their seizure and avoidance of misuse of the information obtained are not subject to a crime for which the search is being conducted.
Keywords: search, offices-official premises, political parties

Item Type:	Article
Subjects:	Social Sciences > Other social sciences
Divisions:	Military Academy
Depositing User:	Oliver Andonov
Date Deposited:	26 Jan 2023 19:10
Last Modified:	26 Jan 2023 19:10
URI:	https://eprints.ugd.edu.mk/id/eprint/30844

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