After “Republika” asked the Central Registry why they registered the club “Ivan Mihajlov”, the Registry sent an explanation. They say that they could not have prevented the establishment of such an association and for the disputed name they explain that everything that should be contained in the name of the organization is regulated by Articles 8 and 9 of the Law on Associations and Foundations.

Pursuant to Article 49 of the Law on Trade Companies – the name and surname of a historical and other famous person may be included in the company name only with the consent of the person, or, if deceased, with the consent of their relatives up to the third line, and if such do not exist, consent is given by the Ministry of Justice.

They add that the application for registration of establishment was a statement certified by a notary public by the legal representative of the association – the person Ljupco Gjorgievski with which under moral, material and criminal responsibility claims that the person Ivan Mihajlov has no legal heirs up to the third line. According to the same provisions regarding which if there are no heirs, the consent is given by the Ministry of Justice.

In the absence of a Decision for Consent issued by the Ministry of Justice, a Notification from the Ministry of Justice with no. 11-423 / 2019, dated 05.03.2019, informing the applicant that the Ministry of Justice is not able to issue an approval due to the fact that the Ministry does not keep a register of historical figures or any other document that can be used to determine the status of a historical person and the use of their name.

The Central Registry takes into account the notification from the Ministry of Justice that there is no register of historical figures, but it is also not provided that another state body maintains a register of historical figures. In other words, there is no competent state body that can issue an authorization for the use of a person’s name.

The Central Registry cannot prevent the guaranteed constitutional right of citizens to freedom of association for the exercise of their political, economic, social, cultural and other rights and beliefs as a fundamental value set out in Article 20 and Article 48 of the Constitution, they added.

The Registry emphasizes that only the Constitutional Court is competent to determine whether the violation of the constitutional order by this association. Pursuant to Article 110 of the Constitution of Macedonia, the Constitutional Court, among other things, decides on the constitutionality of programs and statutes of political parties and citizens’ associations. Furthermore, the Constitutional Court is competent to repeal and annul the Statute and Program of an association, if it determines that they are not in accordance with the Constitution or law.