Boshkov, Pero (2013) КРИМИНАЛИСТИЧКИ И КРИВИЧНО – ПРАВНИ АСПЕКТИ НА СТЕЧАЈНИОТ КРИМИНАЛИТЕТ ВО РЕПУБЛИКА МАКЕДОНИЈА. Doctoral thesis, University "St.Kliment Ohridski" - Bitola.
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Abstract
External and internal influenza of business courses, is generating positive and negative sublimate, regarding the functioning, which is manifesting with gain or loss in the balance of success of the enterprises. This is some kind of „roadmap“ for creditors, employees and other stakeholders for performance, to management in operation easily. Negative result signals „red light“ for the enterprise, leading it to entropy, which leads to bankruptcy, which generally ends - up with liquidation of macedonian economy, and its deletion from the trade register. Efficient bankruptcy system is a constituent of the market economy as it provides the security of creditors, consolidation and recovery of the company from financial problems, a rapid return of blocked funds in the payment operations in the country and abroad, which sees its consequences for the recovery of enterprises, as opposed views in Macedonia for bankruptcy and bankruptcy procedures to observe and experience as, „fatal - death of the enterprise“. The company as a major economic entity, which builds stability and development of the Macedonian economy, according to Company law is manifested in two forms: sole proprietor and company (public company, limited partnership, limited liability company, joint stock company, limited partnership by shares), in its functioning are facing at crisis situations, which in some cases are deliberately produced by the managers, who through to major capability of bankruptcy crimes, also realizing large profits and unlawful gains, damaging both the creditors and employees, regarding their possible rights, implying generally harmful effects on the financial and social system, and by encouraging certain processes, which result in mutual interactions for destabilizies in the socio - economic system. Bankruptcy crime in Macedonia is researched in several criminal - legal aspect, resulting in his observations on the lack of transparency and complexity, diffusion of responsibility, diffusion of victimization, also as to detect difficulties, hard processings, mild penalties, legal uncertainties and ambiguities and uncertainties about delinquents’s position, which incrimination highlights distinct around.The most important criminal acts that are
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performed are the bankruptcy crime, with emphasis on the misuse of official position and powers, counterfeiting, especially the business documentation and its destruction, tax evasion, false bankruptcy, bankruptcy with reckless operation, damage and favoring the creditors, the bankruptcy abuseprocedure and the criminal liability of legal and responsible person. Application and improvement of operational and tactical measures, means, methods and activities of the Ministry of Interior and other security structures in criminal activity (criminology and criminal processing control) as fundamental hydraulic propel lever, in the discovery, clarifying and documenting the bankruptcy crime, and application of criminal sanctions of its employees, and thus reduces his „dark figure“. State through precise legal framework in respect of the business enterprises, defining the criminal liability of management bodies, and weighting of penalties at a higher level, contributing in an integrated detection and suppression of crime bankruptcy, which created a market objective setting, that bankruptcy and bankruptcy procedures are perceived as a normal occurrence in business. Until now, this term can not be sinonom of unhonour for management, fraud creditors and employees of unlawful enrichments way.
| Item Type: | Thesis (Doctoral) |
|---|---|
| Subjects: | Scientific Fields (Frascati) > Social Sciences > Other social sciences |
| Divisions: | Doctoral Dissertations |
| Depositing User: | M-r Bojan Mihajlovski |
| Date Deposited: | 31 Oct 2023 13:23 |
| Last Modified: | 31 Oct 2023 13:23 |
| URI: | https://eprints.uklo.edu.mk/id/eprint/9006 |
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