The special investigative opportunity is a special procedural action that can be exercised during... more The special investigative opportunity is a special procedural action that can be exercised during the investigation phase of the concrete criminal case, and through it contributes to the efficient processing of that case. This criminal procedural action consists in taking witness testimony or finding and opinion of the expert, for situations when it is expected that they will not be present in the main trial and it will be handled in terms of determining the meaning and criteria to be met for its implementation, procedure and authority that could set and enforce it, actions that guarantee criminal procedural efficiency and human rights during its implementation and the importance of this procedural action within the criminal procedure. The topic of this article focuses on Kosovo. During the preparation of this article, I applied the legal, historical, comparative and descriptive method.
Kosovo as many world countries is facing numerous challenges such as: organized crime, <br>... more Kosovo as many world countries is facing numerous challenges such as: organized crime, <br> corruption generally, including corruption in the field of tendering. These harmful p henomena are <br> causing dissatisfaction among citizens, especially due to the fact that the punishment of their <br> perpetrators is indicating stagnation and other big uncertainties. Corruption in the field of tendering <br> in Kosovo is manifested in many different forms. The consequences of corruption in the field of <br> tendering, though of different natures, mainly dominate those of economic -social character. This <br> consequence demonstrates the main reflections on the state budget damage and in the loss of interest <br> of international and local businesses to invest in Kosovo. The consequence of corruption continues to <br> be also the flaws segment of country integration into relevant institutions of international character. <br> Of course t...
Kosovo is facing numerous challenges that are as a result of organized crime, including criminal ... more Kosovo is facing numerous challenges that are as a result of organized crime, including criminal phenomenon of narcotic trafficking. This harmful phenomenon is causing dissatisfaction among citizens, especially due to the fact that the detection and punishment of its perpetrators is marking stagnation and other big uncertainties. Narcotic trafficking is causing numerous consequences to individuals, family and to society overall. These consequences are of health, social and psychological nature etc. Criminal acts by which is committed this type of criminality recently are expressing increasingly greater scale of their aggressiveness. This due to the fact persons within under criminal organizations and professional perpetrators deal with the commission of this type of criminality. Researchers conducted prove that with the commission of Narcotic Drug Offences deal persons of different age, gender, education levels and different social backgrounds, but dominate the youth, persons of mas...
Criminal case resolution out of the main trial includes the entirety of instruments through which... more Criminal case resolution out of the main trial includes the entirety of instruments through which is made possible by the resolution of a criminal case without having the need to be handled within the main trial. In Kosovo, the Criminal Procedure Code of the Republic of Kosovo recognizes four such instruments: temporary suspension of proceedings, mediation, punitive order and decision-making during the initial review of the indictment. By application of these instruments shall be realized benefits of state character (public), group benefits and by criminal proceedings parties itself (the defendant and victim). Modest results of this scientific paper indicate that in Kosovo during the period of time 2013-2015 courts and prosecutions have applied instruments of criminal case resolution in relatively rare cases. The number of resolved criminal cases through such instruments participates in general number of resolved criminal cases by only 8.99%. This conclusion results from the conduct...
The acquittal judgment is a meritorious judgment by means of which the court resolves a criminal ... more The acquittal judgment is a meritorious judgment by means of which the court resolves a criminal case being object of trial. Hence, by this type of judgment the court concludes criminal case, by releasing the defendant from all charges. The acquittal judgment within this scientific paper shall be handled in several aspects. Here, shall be reflected the meaning of acquittal judgment, its characteristics, criteria concerning imposition of the acquittal judgment and the authority regarding its imposition as well as the procedure and effects of this type of judgment. Also, within this scientific paper shall be handled the Kosovo Basic Courts activity in relation to imposition of this type of judgment during the period of time 2015-2017.During the preparation of this scientific paper I have used legal, comparative, analysis and statistical methods.
Kosovo is part of South-Eastern Europe, inside the Balkan Pe-ninsula. It has a surface area of 10... more Kosovo is part of South-Eastern Europe, inside the Balkan Pe-ninsula. It has a surface area of 10.877 square kilometres, surroun-ded by Albania, Macedonia, Serbia and Montenegro.[1] Kosovo for-ms a geographical unit surrounded by impressive mountains and hills.[2] Kosovo’s location in the centre of the Balkan Peninsula defi-nes itself as the crossroad of important terrestrial routes, crossing from Northern and Central Europe towards South and West Euro-pe.[3] The Kosovo’s relief, taken in general, is a mountainous one. Kosovo does have agricultural land, which is generally arable, considerable forest land, large water bodies, flora and fauna rich areas, and considerable ground resources.[4]These and other resources Kosovo is endowed with represent the key supporting factors of Kosovo’s development, current and future. In fact, as any other country, Kosovo is also characterized by limiting elements in terms of extent of natural resources that may be available for utilization.As it is...
Abstract: Kosovo is facing numerous challenges that are as a result of organized crime, including... more Abstract: Kosovo is facing numerous challenges that are as a result of organized crime, including criminal phenomenon of unauthorized production and processing of narcotic drugs. This harmful phenomenon is causing dissatisfaction among citizens, especially due to the fact that the detection and punishment of its perpetrators is marking stagnation and other big uncertainties. Production and processing of narcotic drugs is causing numerous consequences to individuals, family and to society overall. Criminal acts by which is committed this type of criminality recently are expressing increasingly greater scale of their aggressiveness. This due to the fact persons within under criminal organizations and professional perpetrators deal with the commission of this type of criminality. Research conducted prove that with the commission of unauthorized production and processing of narcotic drugs criminal offences deal persons of different age, gender, education levels and different social back...
The Special Court for Kosovo is a hybrid court of “ sui generis ” nature which essentially consis... more The Special Court for Kosovo is a hybrid court of “ sui generis ” nature which essentially consists of several elements of local and international character. This court is characterized by a considerable number of specifications which make it a court of a special type, compared to national courts and international criminal courts recorded by human society memories until nowadays. Such characteristics refer to the establishment and activities of this court, international double trial, selective trials, subject matter, personal and time jurisdiction. On the other hand, it is expectable that the work of this court shall be accompanied by numerous problems linked to proving of the alleged crimes for adjudication of which was established. These troubles mainly are expected to come to expression concerning issues related to the testimony of witnesses, victims of crime and material evidence.
State prosecutor in the Republic of Kosovo is a state authority which in criminal proceedings is ... more State prosecutor in the Republic of Kosovo is a state authority which in criminal proceedings is competent to conduct investigations, file indictments, gather evidence, filing regular and extraordinary legal remedies. The legislator has granted authorizations to the state prosecutor even in pre-trial procedure especially when it comes to situation to decide concerning criminal report filed by police or other authorized subjects. Decision-making of state prosecutor concerning criminal report may be addressed in four directions: dismissal of criminal report, request for additional information, conduct investigation and direct indictment. What kind of decision shall be made it depends from the concrete case and circumstances characterizing it as well as by assessment of criteria fulfillment which is stipulated by law for each form of decision-making. Regarding this matter, in this scientific paper shall be indicated the practical activity of three of the seven Basic Prosecutions operat...
The UN Mission in Kosovo (UNMIK) is established in accordance with the UN Security Council Resolu... more The UN Mission in Kosovo (UNMIK) is established in accordance with the UN Security Council Resolution No.1244, which brought to an end Serb aggression in Kosovo and stopped the genocide exercised by the Serb authorities who had aimed to ethnically cleanse Kosovo. UNMIK was set up in Kosovo on the second half of 1999 and continues to exercise its entrusted mandate even as this article is being written. Its responsibilities are broadly stretched in many fields and are prescribed in 21 paragraphs (points), tens of subparagraphs (bullets) and two Annexes of the said Resolution. Currently, the responsibilities of UNMIK have been reduced to a large extent. Notwithstanding this, one of its reserved powers continues to be the management of the criminal justice system, which is the topic of this review.
Kosovo on its path of development as the state continues to be under constant supervision of the ... more Kosovo on its path of development as the state continues to be under constant supervision of the international community. Reflection of this supervision also considered the mediation in reaching Brussels Agreement to Normalize Relation Kosovo- Serbia. Through this short article has made efforts to notify the public opinion about the content and importance of this Agreement, current problems and challenges of some cases allocated between the parties, as well as challenges and problems that could monitor the functioning of the criminal justice system in Kosovo north during the next period of the concretization and implementation of this Agreement. At the end of this article are also presented some concrete conclusions. During the drafting of this article is used analysis and synthesis method comparative, historical, legal, etc.
Domestic violence includes an entirety of intentional actions or omissions through which is exerc... more Domestic violence includes an entirety of intentional actions or omissions through which is exercised physical, psychological, sexual and economic maltreatment, by a person which is or have been in a family relationship with the victim. Domestic violence manifests numerous and diverse characteristics. As such it is present and with tendency to increase almost in every country and society. During the treatment of this topic focus territory was Kosovo. Modest results of this paper indicate that during the period of 2009-2013 from Kosovo Police were recorded 7319 domestic violence cases. Domestic violence in Kosovo significantly is expressed as a physical and psychological violence, as well as economic and sexual violence. According to the data used as victims of domestic violence in most of the cases were women, and then children, elderly, as well as other persons within family. Domestic violence in a relatively considerable extent has been treated by responsible state bodies. Despite...
Hartimi i nje teksti universitar me titull: “Hyrje ne sistemin ligjor ne Kosove”, i shkruar nga d... more Hartimi i nje teksti universitar me titull: “Hyrje ne sistemin ligjor ne Kosove”, i shkruar nga disa autor te fushave perkatese ka qene e domosdoshme per studente por edhe komunitetin e juristeve. Kjo per faktin se nje liber i tille ne gjuhen shqipe ka munguar; por edhe per arsyeje te nje perfshirje me te gjere te mendimit juridik nga disa autore. Ky tekst ka per qellim t’i pajis studentet me njohurit themelore per sistemin juridik ne Kosove. Eshte zgjedhur si metode qe te perfshihen shume autore, ku secili te shkruaj nga fusha juridike perkatese dhe te ofroj njohurite themelore, respektivisht bazike per sistemin juridik ne Kosove.
Object of handling in this scientific paper are criminal offences of narcotics trafficking in the... more Object of handling in this scientific paper are criminal offences of narcotics trafficking in the Republic of Kosovo. According to data included in this paper the trafficking of narcotics constitutes a concerning phenomenon. The concern about this type of criminality is linked to a relatively high degree of their presence in Kosovo society. The research shed light about the fact that Kosovo is an important link for international drug traffickers. All this, due to geographic position of country because of the fact that in Kosovo there are over 25,000 drug users, but likewise because of the fact that over last two decades there has been a trend of continuous growth of drug process cultivation. Criminal offences of narcotics trafficking manifest numerous individual, family and social consequences. This criminal phenomenon is also damaging Kosovo's image in international terms. Kosovo is facing numerous challenges and problems in combating criminality, especially those related to na...
The special investigative opportunity is a special procedural action that can be exercised during... more The special investigative opportunity is a special procedural action that can be exercised during the investigation phase of the concrete criminal case, and through it contributes to the efficient processing of that case. This criminal procedural action consists in taking witness testimony or finding and opinion of the expert, for situations when it is expected that they will not be present in the main trial and it will be handled in terms of determining the meaning and criteria to be met for its implementation, procedure and authority that could set and enforce it, actions that guarantee criminal procedural efficiency and human rights during its implementation and the importance of this procedural action within the criminal procedure. The topic of this article focuses on Kosovo. During the preparation of this article, I applied the legal, historical, comparative and descriptive method.
Kosovo as many world countries is facing numerous challenges such as: organized crime, <br>... more Kosovo as many world countries is facing numerous challenges such as: organized crime, <br> corruption generally, including corruption in the field of tendering. These harmful p henomena are <br> causing dissatisfaction among citizens, especially due to the fact that the punishment of their <br> perpetrators is indicating stagnation and other big uncertainties. Corruption in the field of tendering <br> in Kosovo is manifested in many different forms. The consequences of corruption in the field of <br> tendering, though of different natures, mainly dominate those of economic -social character. This <br> consequence demonstrates the main reflections on the state budget damage and in the loss of interest <br> of international and local businesses to invest in Kosovo. The consequence of corruption continues to <br> be also the flaws segment of country integration into relevant institutions of international character. <br> Of course t...
Kosovo is facing numerous challenges that are as a result of organized crime, including criminal ... more Kosovo is facing numerous challenges that are as a result of organized crime, including criminal phenomenon of narcotic trafficking. This harmful phenomenon is causing dissatisfaction among citizens, especially due to the fact that the detection and punishment of its perpetrators is marking stagnation and other big uncertainties. Narcotic trafficking is causing numerous consequences to individuals, family and to society overall. These consequences are of health, social and psychological nature etc. Criminal acts by which is committed this type of criminality recently are expressing increasingly greater scale of their aggressiveness. This due to the fact persons within under criminal organizations and professional perpetrators deal with the commission of this type of criminality. Researchers conducted prove that with the commission of Narcotic Drug Offences deal persons of different age, gender, education levels and different social backgrounds, but dominate the youth, persons of mas...
Criminal case resolution out of the main trial includes the entirety of instruments through which... more Criminal case resolution out of the main trial includes the entirety of instruments through which is made possible by the resolution of a criminal case without having the need to be handled within the main trial. In Kosovo, the Criminal Procedure Code of the Republic of Kosovo recognizes four such instruments: temporary suspension of proceedings, mediation, punitive order and decision-making during the initial review of the indictment. By application of these instruments shall be realized benefits of state character (public), group benefits and by criminal proceedings parties itself (the defendant and victim). Modest results of this scientific paper indicate that in Kosovo during the period of time 2013-2015 courts and prosecutions have applied instruments of criminal case resolution in relatively rare cases. The number of resolved criminal cases through such instruments participates in general number of resolved criminal cases by only 8.99%. This conclusion results from the conduct...
The acquittal judgment is a meritorious judgment by means of which the court resolves a criminal ... more The acquittal judgment is a meritorious judgment by means of which the court resolves a criminal case being object of trial. Hence, by this type of judgment the court concludes criminal case, by releasing the defendant from all charges. The acquittal judgment within this scientific paper shall be handled in several aspects. Here, shall be reflected the meaning of acquittal judgment, its characteristics, criteria concerning imposition of the acquittal judgment and the authority regarding its imposition as well as the procedure and effects of this type of judgment. Also, within this scientific paper shall be handled the Kosovo Basic Courts activity in relation to imposition of this type of judgment during the period of time 2015-2017.During the preparation of this scientific paper I have used legal, comparative, analysis and statistical methods.
Kosovo is part of South-Eastern Europe, inside the Balkan Pe-ninsula. It has a surface area of 10... more Kosovo is part of South-Eastern Europe, inside the Balkan Pe-ninsula. It has a surface area of 10.877 square kilometres, surroun-ded by Albania, Macedonia, Serbia and Montenegro.[1] Kosovo for-ms a geographical unit surrounded by impressive mountains and hills.[2] Kosovo’s location in the centre of the Balkan Peninsula defi-nes itself as the crossroad of important terrestrial routes, crossing from Northern and Central Europe towards South and West Euro-pe.[3] The Kosovo’s relief, taken in general, is a mountainous one. Kosovo does have agricultural land, which is generally arable, considerable forest land, large water bodies, flora and fauna rich areas, and considerable ground resources.[4]These and other resources Kosovo is endowed with represent the key supporting factors of Kosovo’s development, current and future. In fact, as any other country, Kosovo is also characterized by limiting elements in terms of extent of natural resources that may be available for utilization.As it is...
Abstract: Kosovo is facing numerous challenges that are as a result of organized crime, including... more Abstract: Kosovo is facing numerous challenges that are as a result of organized crime, including criminal phenomenon of unauthorized production and processing of narcotic drugs. This harmful phenomenon is causing dissatisfaction among citizens, especially due to the fact that the detection and punishment of its perpetrators is marking stagnation and other big uncertainties. Production and processing of narcotic drugs is causing numerous consequences to individuals, family and to society overall. Criminal acts by which is committed this type of criminality recently are expressing increasingly greater scale of their aggressiveness. This due to the fact persons within under criminal organizations and professional perpetrators deal with the commission of this type of criminality. Research conducted prove that with the commission of unauthorized production and processing of narcotic drugs criminal offences deal persons of different age, gender, education levels and different social back...
The Special Court for Kosovo is a hybrid court of “ sui generis ” nature which essentially consis... more The Special Court for Kosovo is a hybrid court of “ sui generis ” nature which essentially consists of several elements of local and international character. This court is characterized by a considerable number of specifications which make it a court of a special type, compared to national courts and international criminal courts recorded by human society memories until nowadays. Such characteristics refer to the establishment and activities of this court, international double trial, selective trials, subject matter, personal and time jurisdiction. On the other hand, it is expectable that the work of this court shall be accompanied by numerous problems linked to proving of the alleged crimes for adjudication of which was established. These troubles mainly are expected to come to expression concerning issues related to the testimony of witnesses, victims of crime and material evidence.
State prosecutor in the Republic of Kosovo is a state authority which in criminal proceedings is ... more State prosecutor in the Republic of Kosovo is a state authority which in criminal proceedings is competent to conduct investigations, file indictments, gather evidence, filing regular and extraordinary legal remedies. The legislator has granted authorizations to the state prosecutor even in pre-trial procedure especially when it comes to situation to decide concerning criminal report filed by police or other authorized subjects. Decision-making of state prosecutor concerning criminal report may be addressed in four directions: dismissal of criminal report, request for additional information, conduct investigation and direct indictment. What kind of decision shall be made it depends from the concrete case and circumstances characterizing it as well as by assessment of criteria fulfillment which is stipulated by law for each form of decision-making. Regarding this matter, in this scientific paper shall be indicated the practical activity of three of the seven Basic Prosecutions operat...
The UN Mission in Kosovo (UNMIK) is established in accordance with the UN Security Council Resolu... more The UN Mission in Kosovo (UNMIK) is established in accordance with the UN Security Council Resolution No.1244, which brought to an end Serb aggression in Kosovo and stopped the genocide exercised by the Serb authorities who had aimed to ethnically cleanse Kosovo. UNMIK was set up in Kosovo on the second half of 1999 and continues to exercise its entrusted mandate even as this article is being written. Its responsibilities are broadly stretched in many fields and are prescribed in 21 paragraphs (points), tens of subparagraphs (bullets) and two Annexes of the said Resolution. Currently, the responsibilities of UNMIK have been reduced to a large extent. Notwithstanding this, one of its reserved powers continues to be the management of the criminal justice system, which is the topic of this review.
Kosovo on its path of development as the state continues to be under constant supervision of the ... more Kosovo on its path of development as the state continues to be under constant supervision of the international community. Reflection of this supervision also considered the mediation in reaching Brussels Agreement to Normalize Relation Kosovo- Serbia. Through this short article has made efforts to notify the public opinion about the content and importance of this Agreement, current problems and challenges of some cases allocated between the parties, as well as challenges and problems that could monitor the functioning of the criminal justice system in Kosovo north during the next period of the concretization and implementation of this Agreement. At the end of this article are also presented some concrete conclusions. During the drafting of this article is used analysis and synthesis method comparative, historical, legal, etc.
Domestic violence includes an entirety of intentional actions or omissions through which is exerc... more Domestic violence includes an entirety of intentional actions or omissions through which is exercised physical, psychological, sexual and economic maltreatment, by a person which is or have been in a family relationship with the victim. Domestic violence manifests numerous and diverse characteristics. As such it is present and with tendency to increase almost in every country and society. During the treatment of this topic focus territory was Kosovo. Modest results of this paper indicate that during the period of 2009-2013 from Kosovo Police were recorded 7319 domestic violence cases. Domestic violence in Kosovo significantly is expressed as a physical and psychological violence, as well as economic and sexual violence. According to the data used as victims of domestic violence in most of the cases were women, and then children, elderly, as well as other persons within family. Domestic violence in a relatively considerable extent has been treated by responsible state bodies. Despite...
Hartimi i nje teksti universitar me titull: “Hyrje ne sistemin ligjor ne Kosove”, i shkruar nga d... more Hartimi i nje teksti universitar me titull: “Hyrje ne sistemin ligjor ne Kosove”, i shkruar nga disa autor te fushave perkatese ka qene e domosdoshme per studente por edhe komunitetin e juristeve. Kjo per faktin se nje liber i tille ne gjuhen shqipe ka munguar; por edhe per arsyeje te nje perfshirje me te gjere te mendimit juridik nga disa autore. Ky tekst ka per qellim t’i pajis studentet me njohurit themelore per sistemin juridik ne Kosove. Eshte zgjedhur si metode qe te perfshihen shume autore, ku secili te shkruaj nga fusha juridike perkatese dhe te ofroj njohurite themelore, respektivisht bazike per sistemin juridik ne Kosove.
Object of handling in this scientific paper are criminal offences of narcotics trafficking in the... more Object of handling in this scientific paper are criminal offences of narcotics trafficking in the Republic of Kosovo. According to data included in this paper the trafficking of narcotics constitutes a concerning phenomenon. The concern about this type of criminality is linked to a relatively high degree of their presence in Kosovo society. The research shed light about the fact that Kosovo is an important link for international drug traffickers. All this, due to geographic position of country because of the fact that in Kosovo there are over 25,000 drug users, but likewise because of the fact that over last two decades there has been a trend of continuous growth of drug process cultivation. Criminal offences of narcotics trafficking manifest numerous individual, family and social consequences. This criminal phenomenon is also damaging Kosovo's image in international terms. Kosovo is facing numerous challenges and problems in combating criminality, especially those related to na...
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