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7.
INSTEAD OF CONCLUSION
The detective shall prepare a written report for performed work. The detective is obliged to hand over
the written report to the client with all data collected relating to contracted work, and other information that
is not relevant is obliged to destroy within eight days from the day the contract is realized. The question is of
probative value of the data contained in the report of the detective in proceedings for resolving the family
relationships, of course, and other procedures. Having in view the fact that the report contains data for the
personal - private interests of the client - who orders the detective service, and given the fact that the
detective activity is not acting public services, but the services of a private nature and based on the contract
concluded between detective and the client, the report has no character of a public document. Accordingly,
the data contained in it cannot directly be used as proof in proceedings legally-relevant facts for resolving
family relationships. That means, if the report contains data on the detective heard of any of the persons who
came to contact during data and information collection, administrative body or court before the proceeding is
resolved, are obliged to invite this person as a witness in proceedding, of course if he can give testimony to
determine the legally relevant facts in that procedure. The body or the court before which kept proceeding,
can invite the detective
and others who were witnesses, to testify about what they saw and heard on the spot.
Photos, soundtrack and other recorded materials to which detective came in the performance of the
service for the client, can be used as proof only if other party in the proceeding agrees and, of course, if it is
approved by official person of the body conducting the proceedding. This is because, under the Law on
Detective Activity (Article 19, paragraph 2), the detective is obliged to protect the interests of the person to
whom such data and information are related, and to dispose with the data and information obtained in
carrying out the activity in accordance with regulations for the protection of personal data (Article 21).
But according to the Law, if the detective came to documents (transcripts, certificates, receipts,
decisions) of state and other bodies exercising public powers in administrative proceedings and decisions in
court proceedings etc.), which are public documents, he shall provide to the client who orders the detectivte
service. The client can use it as proofs in all proceedings for resolving family and other relationships.
Family relationships are very sensitive in terms of protecting the privacy of clients and persons about
who the data are gathered. Therefore, detectives should perform their duties in a legal manner - with
maximum adherence to the provisions of the Law on Detectives Activity and other law and regulations for
the protection of personal data. Those, in the exercise of their profession, should take into account the dignity
of the client and the person for whom he collects data and persistently search for truth, to reveal the facts and
circumstances that are real, that objectively exist. Only those detectives can enjoy a reputation of honest,
conscientious and responsible professionals. They can count on the frequent professional engagement, and
thus on the work and earnings.
8.
REFERENCES
1. Chavdar, Kiril.
Comments on Family Law, Agency Academic, Skopje, 1998.
2. Durovic, Liljana.
Family Law, Science Book, Belgrade, 1988.
3. Georgievski Stefan,
Comment on Non-litigation Procedure Law, Student‟s Word, Skopje, 1980.
4. Hadzivasilev, Mile.
Family Law, Student‟S Word, Skopje, 1990.
5. Risteski Temelko,
Family and Inheritance Law, teaching concepts – electronic form, FON - University,
Skopje, 2007.
6. Spirović - Trpenoska, Ljiljana, Mickovic, Dejan,
Ristov Angel, a
Family Law, Faculty of Law, Skopje,
2013.
7
Law on Detective Activity ("Official Gazette of the Republic of Macedonia, No. 80/99).
8.
Law on Administrative Procedure, (“Official Gazette of the Republic Macedonia” No. 38/2005).
9.
Family Law, (“Official Gazette of the Republic Macedonia” No.80 / 1992).
10.
Law on Non-Litigation Procedure ("Official Gazette of the Republic of Macedonia ", No. 9/2008).
11.
Law on Litigation Procedure - Consolidated ("Official Gazette of the Republic of Macedonia", No.
7/2011).
129
Janko Bachev UDK:355.45-027.511-027.12 "20"
International Slavic University “Gavrilo Romanovich Derzhavin”
INTELLIGENCE AND THE INTERNATIONAL SECURITY
243
Abstract
The issue that is being elaborated herein is one of greater significance at international level not only
from the aspect of its content and the surrounding controversies, but also in terms of its direct connection to
the attitudes of the states that will largely affect the humankind survival. This exact attitude of the states
which is operated by taking appropriate activities by the national decision makers as persons who create and
implement the policy based on the need for obtaining external safety-security information. Actually, if our
civilization is to be destroyed we are not exaggerating if we say that this shall not be a result from poverty,
dramatic lack of food, diseases or natural catastrophes as it was the case with the past civilizations, but due to
wrongly led foreign policy for whose decisions the intelligence is of vital importance. This paper attempts to
evaluate and expand the existing knowledge and the dependence of the intelligence by the global security
and to unite them with their personal experience and author‟s opinion. Certainly this does not have intent to
attack or defend the intelligence but only to contribute to a better understanding of the role of intelligence in
the global security.
Key words: intelligence, security-intelligence information, international/global security.
1.
INTRODUCTION
At the turn of the new millennium, the word XXI century enjoyed great reputation among people all
over the world. It was synonym for development, progress, justice, in which military force (the army and
weapons) would have been replaced by development, prosperity and the rule of international law. Compared
the past, it was deemed that the imposition of national interests will not be accomplished by threat or use of
force. In other words, one can expect reduction of security challenges that can seriously affect international
security. In this context, series of terms such as the Cold War Era, Perestroika, new systems of international
relations and related were launched regarding the emerging geopolitical conditions due to falling apart of the
socialist countries.
Within this context, then US President George Bush declared that the radical changes and the fall of
the communism would be beginning of an Era of the New World Order founded on the idea of peace,
stability,
prosperity, democracy, free economic competition between the states. At this occasion G. Bush also
said “The term new world order does not mean surrendering our sovereignty and pledging our interests. It
describes liability imposed by our success. It refers to new roads of cooperation with other states in order to
reduce the aggression and achieve the stability, prosperity and above all the peace. It springs from the hopes
for building a world based on shared responsibility in respect of cycle of principles, i.e. amicable resolution
of the disputes, solidarity as a counterpoint against the aggression, reduced and controlled arsenals, fair
treatment of the people...„
244
Such was the created image of the new world order at level of designed system
for organization of the relations in the world politics with top priority – peace and prosperity in the world
nations. However when people in the future make a review of the past they might see us as a generation that
has not made any significant step towards the international safety, since instead of stable international order
even at the beginning of the new millennium we witnessed several crises that somehow indicated that new
century will not be much different from the past. Namely, for almost fifteen years of the new century more
and more crises with capacity to endanger the international peace and security have been emerging. Thus, in
2001, Macedonia faced with war, (if for any comfort in relevant circumstances, RM will be mentioned by
political and scientific community as a country where the new century wars began), terrorist attacks in the
243
The use of the terms intelligence and international security in the headline and in the text refers to the role of intelligence and the
power of the dominant world powers which have real capacity for (not) providing global security although the international law seen
as such is a liability of all nations the UN which are required "to unite their forces for the maintenance of international peace and
security" (Charter of the United Nations, p. 9, United Nations-fundamental documents, Skopje, "Nova Makedonija" 1995).
244
T. Petrushevska, UN presence in Republic of Macedonia through the operation of peacekeeping - Precedence in the current
practice of the Organization, p. 214, Collection of thesis at the Faculty of Law - Constitution of the Republic of Macedonia as a
modern state of law, University "Ss. Cyril and Methodius "- Skopje, 1995.