AREAS OF PRACTICE
We offer legal services in the following areas of the law:
Types of Contracts
The Law Firm provides legal services mainly in relation to the following types of contracts:
Commercial Contracts
- Contracts for Sale and Purchase
- Contracts for Supply of goods
- Service Agreements
- E-Contracts
- Construction Contracts (FIDIC Contracts)
- General and Special Power of Attorney
- Outsourcing Agreements
- Share Purchase Agreement
- Joint Venture Agreements
- International Trade Contracts (with reference to ICC’s Incoterms Rules)
- Franchise Agreements
- Non-disclosure Agreements (NDAs)
- Anti-corruption clauses in cooperation agreements
- Non-compete Agreements
- Employment Contracts and Мanagerial Contracts
Property Contracts
- Contracts for Sale and Purchase
- Agreements for Divisions and Exchange of property
- Lease Agreements
- Loan Agreements
- Gift Agreements
- Contract for Lifelong Support
- Contracts for Distribution of Property During Lifetime
- Copyright Agreements
Family Law Agreements
- Settlements for Alimony, Child Support and Custody of mutual children
- Cohabitation Agreements for Unmarried Partners (Extramarital Community)
Types of Services
In this area of the law, IVA PETROVSKA Law Firm provides the following legal services:
- Contract review
- Contract Due Diligence
- Negotiation Support
- Contract Drafting
- Contract Management
- Representation at Notarization of Contracts (Jurats)
- Registration of Contracts at Public Registries
- Coercive Enforcement of Contracts
Types of Services
In this practice area, IVA PETROVSKA Law Firm provides the following legal services to the clients:
- Sale and Acquisition;
- Divisions and Exchange of property;
- Lease Agreements;
- Construction of Real Estate;
- Debt Acquisition;
- Advising on - all types of Real Estate Transactions;
- Representation at Tax procedures (Property Tax, Tax on inheritance and gift, and Tax on real estate turn over)
- Litigation;
- Alternative Dispute Resolution (conducting Negotiations, Mediation, and concluding out-of-court Settlements);
- Representation at Administrative procedures and Administrative disputes (Denationalization, Privatization, Expropriation, Procedures for registration and cancelation of rights at public record books);
- Representation at Business Meetings.
- Legal due diligence;
- Representation in front of the European Court of Human Rights (ECtHR)
Types of Dispute
The Law Firm provides legal services mainly in relation to the following types of disputes:
- Civil Litigation and Commercial Disputes;
- Domestic Litigation and Litigation with Foreign elements;
- Property Disputes (determination of ownership, acquiring possession, compensation of damages –material and lost profit; annulment of deeds);
- Family Disputes (Divorce, Alimony, Custody of Children, Child Support, Paternity);
- Employment Disputes;
- Payment Order Disputes;
- Recognition and Enforcement of Foreign Court Decisions and Foreign Arbitration Awards.
Types of Services
In this practice area, the Law Firm IVA PETROVSKA, provides the following legal service to the clients:
- Legal Research
- Evidence Discovery
- Statutory Analyzes (domestic regulations and international conventions)
- Case -law Analyzes (domestic case law and ECtHR case law)
- Legal Opinions
- Trial Strategy
- Conducting Negotiations
- Drafting and Revision of Settlements
- Drafting Legal documents (Lawsuits, Written Statements, Complaints and Applications, explanatory Submissions, Appeals, Revisions, Prepositions for repeating, and Answers to such, Enforcement Petitions);
- Advocacy at Trial
Types of ADR methods
Alternative ways of resolving disputes are the following:
The advantages of ADR
The advantages of using the Alternative Dispute mechanisms are the following:
- less time spent,
- less spent funds,
- better quality of justice,
- respect for the dignity of the person,
- flexibility,
- confidentiality,
- uniformity of the procedure,
- control of the parties over the procedure (in terms of the possibility to independently design the rules of the procedure):
- Online process
Types of disputes
Types of disputes in which Alternative Dispute Resolution methods can be applied are as follows:
- property disputes,
- family disputes,
- labor disputes,
- trade disputes,
- consumer disputes,
- insurance disputes,
- disputes in the field of education,
- environmental protection,
- disputes related to discrimination,
- protection of patients' rights.
NEGOTIATION
Negotiation is a process in which both parties work with mutual concessions to find a common, acceptable solution, without any of the parties feeling that they have completely “lost” or that they have completely “won”.
RECONCILIATION
Reconciliation is an alternative dispute resolution process in which the parties appoint a third party – Conciliator from the list of licensed conciliators, who as a neutral and impartial person, helps the parties involved in the dispute to reach an amicable solution by conducting negotiations.
In the domestic legal system, conciliation is legally predicted as a procedure for the peaceful settlement of Collective Labor Disputes, as well as for Consumer Disputes.
The procedure for conciliation of the collective labor dispute is conducted before the Conciliation Board, which consists of an equal number of representatives of the parties to the dispute, and the conciliator.
The Conciliation Board is the one that, after the discussion, adopts a recommendation on the manner of resolving the dispute. The conciliator has no right to decide.
If the parties accept the recommendation, they conclude a Dispute Settlement Agreement. If the subject of the dispute is a Collective Agreement, the recommendation is an integral part of the Collective Agreement, if the subject is not a collective agreement, the Agreement has the force of a court decision.
MEDIATION
Mediation – is a way of resolving disputes, through negotiation, with the help of one or more licensed Mediators, which ends with a written agreement, which the parties can solemnize with a notary public, which will give it the force of an executive document, on which a preferential rate for lower costs for solemnization of a Mediation Agreement shall apply, in accordance with the Notary Tariff.
Online Mediation
Particularly useful in the conditions of the Covid pandemic and the validity of the measures for physical distance, as an excellent alternative for resolving civil and economic disputes, is the possibility of online mediation (e-mediation), which enables fast and economical resolution of disputes, and easier access to justice.
Online mediation can be conducted through electronic means of communication: video conferencing platforms (Zoom, Skype, etc.), e-mail or other electronic data exchange systems.
ARBITRATION
Arbitration is a procedure for the peaceful settlement of disputes, in which the participating parties usually appoint three or one arbitrator as neutral persons, who will make a meritorious decision on the dispute after hearing the views of both parties. Such a decision is equated with a final court decision rendered in the country.
Advantages of arbitration:
- Impartiality in decision making,
- professionalism, expertise and experience of arbitrators,
- one-step decision-making,
- faster and simpler procedures,
- confidentiality of the procedure
- significantly lower costs and
- validity and enforceability of the arbitral award.
Types of Services
SERVICES IN NEGOTIATION
The law firm offers services of conducting negotiations, participation in negotiations and negotiation assistance, in the field of family law, inheritance, property law, labor and business relations, as a way to:
- creative conflict resolution for the purpose of concluding formal or informal agreements, or
- settling on the contractual terms of agreements.
SERVICES IN RECONCILIATION
The law firm offers services of providing advice and guidance to the parties – when presenting proposals from the representatives of the parties in the Reconciliation Procedure.
SERVICES IN MEDIATION (Online Mediation)
In the Mediation procedure – the law firm provides the following services:
- Negotiations support;
- Generating and developing creative dispute resolution solutions;
- Drafting legal documents:
- Proposal for initiating a mediation procedure:
- Explanatory and un explanatory Written statement to the mediator and the other party;
- Proposal with Opinions and Views in order to reach an agreement;
- Participation in a Joint Meeting with the mediator and the other party / in a Separate Meeting with the mediator (analogue to a court -hearing);
- reparation of a Written Agreement for resolving the dispute between the parties;
- Representation for notarization of the agreement
SERVICES IN ARBITRATION
The types of services provided by the law firm in the field of arbitration are the following:
- Preparation of an Arbitration Request, Arbitration Request Response, Written Notices and Submissions;
- Evidence discovery and analysis
- Advocacy on hearing - presenting argumentations, questioning witnesses and experts
- Negotiation Support
- Legal aid, representation and counseling at all stages of the arbitration proceedings
Types of Services
The legal services provided in this practice area, are as follows:
- Establishment, Status changes, Bankruptcy and Liquidation of legal entities;
- Drafting Legal documents for to day-to-day business operation;
- Drafting and Review of Commercial contracts, Employment Contracts and Managerial Contracts;
- Review of Critical Business Documents and Press Releases;
- Representation in procedures for Employment of Foreigners;
- Representation at Business meetings;
- Providing Permits and Approvals from administrative state bodies;
- Recognition and Enforcement of Foreign Court decisions and Foreign Arbitration Awards;
- Representation in Complex Commercial Litigation;
- Alternative Dispute Resolution (conducting Negotiation, concluding out-of-court Settlements, Representation at Mediation or Arbitration);
- Debt Collection;
- Representation of companies in Criminal Litigation;
- Representation of companies in Misdemeanor Proceedings;
- Providing Legal Advice on Regulatory Compliance (domestic and international regulations);
- Preparing Legal Due Diligence;
- Writing Opinions on Tax regulations:
- Income taxes (Profit Tax and Personal Income Tax),
- Consumption taxes (Value Added Tax, Excises and Customs), and
- Property taxes (Property Tax, Tax on gift and Tax on real estate turn over).
Types of Services
In this area of the law, the Law Firm IVA PETROVSKA provides the following legal services:
- Preparation and revision of Employment Contracts and Managerial Contracts;
- Representation in procedures for Employment of Foreigners;
- Legal Advice on Compliance with Labor Regulations and Labor Rights;
- Drafting and Review of Settlements of Disputes;
- Labor Litigation;
- Preparing Legal Opinions under domestic and international regulations;
- Preparing Legal Documents - Rulebooks for work, for disciplinary procedure, of Safety and Health at work, and other documents regarding labor relations;
- Representation in front of state bodies;
- Representation at meetings;
- Negotiations Support;
- Preparing Legal due diligence.
Types of Services
In this practice area, IVA PETROVSKA Law Firm provides the following legal services:
- Representation in Divorce, Marriage Disputes and Family Disputes;
- Negotiating and Drafting Settlements for Alimony and Custody of mutual children;
- Advising on Guardianship and Adoption;
- Representation in front of state bodies and courts in procedures for Domestic Violence;
- Representation in procedure for Deprivation of Business Capacity and Appointing a Guardian;
- Representation in procedure for Deprivation of Parental Rights and Return of Parental Rights;
Types of Services
The legal services provided in this area of the law, are as follows:
- Legal Counseling on Inheritance Rights;
- Advising for preparation of Testaments (Wills) and Legates;
- Representation at Negotiations with interested parties;
- Preparing Special PoA for Inheritance Statements;
- Representation at Inheritance Proceedings;
- Representation at Inheritance Disputes;
- Initiating non-contentious procedures for Will Depositing;
- Representation at Tax Proceedings in front of local authorities;
- Registration of Property Rights at Public Property Records;
Private International Law is a part of the national law which determines (i) the applicable law and (ii) the jurisdiction of the national courts (or competence of other national bodies), regarding the legal relationships with international element between private persons.
Types of legal relations
Types of legal relations which might contain or be associated with foreign element, are as follows:
- personal (status) legal relations
- family legal relations
- inheritance law relations
- property legal relations
- labor legal relations
- trade relations
- monetary relations
Types of foreign elements
Connection with foreign law (Foreign Element) might refer to:
- the subject of relation - foreign private person;
- the object of relation- is abroad;
- a legal fact - occurred abroad;
- other legal connection with foreign law (Internet- related, a foreign service provider, the foreign server).
Types of Services
In his practice area IVA PETROVSKA Law Firm, provides the following legal services:
- Legal consultation on applicable law and competent court/state body
- Legal opinions
- Drafting Legal documents
- Assistance in conducting appropriate procedures
- Representation in front of courts and state bodies.
We provide integral legal opinions to foreign clients in regards to the basis, conditions and procedures for acquiring – residence permits, citizenship, work permits and starting-up a company.
Types of Services
In his practice area IVA PETROVSKA Law Firm, provides the following legal services:
- Consultation and Assistance in -Regulating the Stay of Foreigners:
- Short –term Stay,
- Temporary Residence
- Permanent Residence.
- Consultation and Assistance in - Obtaining Work Permits for Foreigners:
- Personal Work Permit;
- Employment Permit;
- Permit for Work;
- Consultation and Assistance in - Acquiring Property;
- Consultation and Assistance in - Acquiring Citizenship;
- Registration of Foreign Investments;
- Representation in front of courts and state bodies.
Types of subjects
The Law Firm provides legal services for the following types of subjects, respectively roles in the criminal proceedings:
- Damaged Parties and Defendants
- Individuals and Legal Entities
- Mentally disabled defendants
Types of Services
In this area of the law, IVA PETROVSKA Law Firm provides the following legal services:
- Legal Research
- Evidence Discovery
- Trial Strategy
- Analyzes of domestic case law and ECHR case law
- Representation at questioning in front of a Public Prosecutor
- Representation at court hearings
- Claiming for Damages in criminal proceedings
- Representation in criminal proceedings for termination of Security Measures
- Drafting Legal documents
- Legal consulting
- Legal Opinions
Human rights and freedoms are subject to the protection of the Constitution of the Republic of North Macedonia, the Laws and numerous international conventions to which the country is a signatory.
International conventions
The most important international conventions of which North Macedonia is a member are the following agreements:
- European Convention on Human Rights
- The International Covenant on Civil and Political Rights
- International Covenant on Economic, Social and Cultural Rights
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
- International Convention on the Elimination of All Forms of Racial Discrimination;
- International Convention on the Elimination of All Forms of Discrimination against Women
- Convention on the Rights of the Child
- International Convention on the Rights of Persons with Disabilities;
- International Convention for the Protection of All Persons from Enforced Disappearance.
North Macedonia is not a member state of the following conventions:
- International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families
Types of protection
Protection of human rights and freedoms in North Macedonia is ensured before:
the freedoms and rights of man and citizen concerning the freedom of belief, conscience, thought and public expression of thought, political association and action and the prohibition of discrimination of citizens on the grounds of sex, race, religion, national, social and political affiliation , which are violated by individual acts of the state administration and other institutions that exercise public authority.
- Violation of Property Rights
- Violation of Employment Rights
- Psychological Harassment in the workplace
- Mobbing
- Sexual Harassment
- Violation of Honor and Reputation
- Violation of the Right to Life
- Hate Speech
- Violation of Bodily and Physical Integrity
- Violation of the Freedoms and Rights of Man and Citizen
- Violation of the Right to Vote
- Violation of rights arising from employment – Social security
- Violation of Sexual Freedom and Sexual Morality
- Violation of Human Health Rights
- Violation of the Right to Ownership (property)
- Exercising the Right to Social Financial Assistance
- Awarding Scholarships to Pupils and Students
- Exercising the Right to Old Age, Family and Disability Pension
- Exercising the Right to a Refund of Money given for Treatment
- Unpaid Health and Pension Insurance Contributions
- Violation of the Right to Vote
- Violation of the Right to Property on the basis of Denationalization, Expropriation and Privatization of construction land
- Realization of Rights arising from Concession Agreements
- Realization of Rights arising from Public Procurement Contracts
- Violations of the constitutional and legal rights of the citizens by the State Administration Bodies and by Other Persons Exercising Public Authorizations;
- Violations of the Principles of Non-Discrimination and Adequate and Equitable Representation of Members of the Communities.
-discrimination in the exercise of human rights and freedoms – against any natural person, legal person, or group – committed by any state body, local self-government unit, legal or natural person, which is based on:
- sex,
- race,
- skin color,
- gender identity or expression,
- belonging to a marginalized group,
- ethnicity,
- language,
- citizenship,
- social origin,
- religion or religious belief,
- other types of beliefs,
- education,
- political affiliation,
- personal or social status,
- mental and physical disability,
- age,
- marital or family status,
- property status,
- health condition or
- any other discriminatory grounds provided for as such by law or ratified international agreement.
only violations of the rights and freedoms of individuals, organizations and companies which are guaranteed by the European Convention on Human Rights.
Types of Services
IVA PETROVSKA Law Firm in this practice area offers the following legal services:
- identification of human rights violations;
- legal advice regarding the realization of judicial or other protection;
- preparation of Legal Due Diligence under domestic regulations and international conventions;
- research and analysis of the case law of the ECtHR (European Court of Human Rights);
- representation before the Constitutional Court of North Macedonia;
- Initiating a protection procedure to the Ombudsman;
- Representation before the Commission for Prevention and Protection against Discrimination;
- Representation before the European Court of Human Rights in Strasbourg;
