The Public Prosecutor of the Republic of Macedonia, Ljupco Kocevski, turns 64 today and meets the requirements for an old-age pension. But apparently, despite meeting the conditions for retirement, he is not leaving his post. Although according to Article 87 of the Law on Public Prosecution, one of the conditions for termination of office is the fulfillment of an old-age pension, Kocevski remains in the prosecutor’s chair. He refers to Article 86, which states that the Public Prosecutor of the Republic of Macedonia shall cease to hold office:

– at your own request,
– if he loses the citizenship of the Republic of Macedonia,
– if he permanently loses the ability to perform the function of public prosecutor,
– if he is elected or appointed to another public office or
– if he is sentenced by a final court decision to a prison term of at least six years
months.

Republika asked Kotsevski if he is retiring today and if the Council of Prosecutors will inform the Parliament that today he is turning 64, thus fulfilling the conditions for an old-age pension.

From there they answered us:

The grounds for termination of the position of Public Prosecutor of the Republic of Macedonia are specified in Article 86 of the Law on Public Prosecution. According to the legal provisions, the position of the Public Prosecutor of the Republic of Macedonia does not cease on the basis of retirement, that is, upon reaching the retirement age, and lasts until the end of the mandate. The previous state public prosecutor also performed this function after reaching that age limit.

But can and should the public prosecutor of the republic remain in his position even after fulfilling the conditions for retirement? Everyone interprets the law in their own way. The same dilemma was raised with Ljubomir Joveski, the former public prosecutor of the Republic. Then the vice-president of the Council sent a letter to the Assembly that Jovevski will soon meet the conditions for retirement. However, as commented in prosecutorial circles, the letter was withdrawn under pressure. Then Joveski said:

Jovevski points out that the Law on Public Prosecutor’s Office precisely establishes that with the fulfillment of the age limit requirement, public prosecutors retire, but not the State Prosecutor. In Article 87 of the Law, it is stated that the public prosecutor’s office ceases, if he fulfills the conditions for an old-age pension with the right to extension in accordance with the Law on Labor Relations. The key difference, according to Jovevski, is in Article 86, which strictly refers to his position.

Lawyers say that with the mere fact that the public prosecutor has turned 64 years old, according to Article 87 of the Law on Public Prosecution, he has the position of prosecutor.

– If your post of public prosecutor ceases upon reaching 64 years of age, you cannot be the republic’s public prosecutor. A requirement to be a public prosecutor of the republic is to first be a public prosecutor. At the age of 64, you are no longer a prosecutor, so you do not meet the requirements to be a republican prosecutor – the lawyers comment

.