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The fundamental concern that emerges from our analysis has been to discuss in applied terms the power of the Commission to set the political agenda and implement the strategies of the European Union. In other words, this is the essence of our study. Alternatively, we aimed to compile an overview of all the stages that a draft legal act has to go through before becoming a formal proposal from the Commission.
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The personal guarantees granted by the consumer, being consumption reports, contain provisions for the protection of the legal situation of the consumer, establishing rules of exception from the legal regime of common law in the matter of personal guarantees. Thus, in considering the guarantor's consumer quality, the legislator establishes a series of obligations for the professional creditor, intended to strengthen the consent of the guarantor consumer to assume the guarantee. Among these obligations we identify the obligation of the professional creditor to ensure that the consumer guarantor assumes the guarantee in full knowledge of the case; if it is proved that the professional knew that the guarantor had a relationship of trust between the debtor and the guarantor and did not request from the guarantor proof of receiving an independent consultation regarding the risks involved in assuming the guarantee, the respective contract may be revoked or canceled as the case may be. During the course of the contract, the professional creditor is obliged to inform the consumer guarantor annually about the amounts guaranteed from the main obligation, the interest or other ancillary obligations - art. 1665, para. 1, C. civil. In case of non-execution of the obligation by the debtor, the consumer guarantor will be obliged to pay the obligation in the amount existing at the time of assuming the guarantee.
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Generative AI's potential to revolutionize various fields is undeniable, but its ethical implications and potential misuse raise concerns. This article explores how existing legal frameworks, like the EU's GDPR, are adapting to address these challenges, while also examining emerging regulations around the world, such as the EU AI Act. We will delve into the diverse approaches to regulating generative AI, highlighting the focus on transparency, data minimization, risk mitigation, and responsible development. The discussion will also touch upon the crucial role of collaboration and diverse perspectives in ensuring this powerful technology serves humanity ethically and responsibly.
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The scientific research is dedicated to the investigation of the problem of admissibility of evidence in the legislation of other states, depending on the legal system they are a part. The issue of admissibility of evidence is reflected differently regionally, but also temporally, with reflexive implications on the notions of admissibility of evidence correlated with those of admissibility of obtained or identified data. The evidence was and will remain for a long time a category of information that influences the will of the subjects who are involved in the criminal process, but it is important how they do it and what is their role in the different probation systems of the different states. If in the Common law legal system the judicial precedents (case-law) are the ones that created guarantees regarding the admission or exclusion of illegally obtained evidence, then in the Continental law system, the law provides normative rules of the inadmissibility of illegally obtained evidence.
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In the article, author analyzes various aspects of the reform process in the justice sector, as well as the perception and level of trust among the population in legal institutions. The author conducts a comparative and dynamic analysis of the situation in the field of justice in the context of the Republic of Moldova's integration into the European Union. The extensive use of sociological research results allows for the elucidation of the main problems faced by the justice sector in the Republic of Moldova—issues that need to be addressed in order to increase public confidence in the act of justice and to foster a more positive attitude toward the activities of the courts.
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The article refers to the judicial practice regarding cases in which the Republic of Moldova is a responsible party. The role and influence of international judicial procedures on the development of national legislation, as well as on the realization of human rights and freedoms and their protection, are studied. The conclusion was reached about the importance of the precedents in the cases against the Republic of Moldova for the resolution of the cases regarding freedom of conscience and religious cults, freedom of thought, opinion, as well as freedom of expression in public. In the paper, the methods of comparative-legal analysis of the decisions of international courts, international normative acts and national norms of the Republic of Moldova were used.
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In this article, the author analyzes in detail the institution of inheritance and types of inheritance. Inheritance - the transfer of property, rights and obligations of the owner in connection with his death to one or more other persons by law or by will. The inheritance included the property rights of the testator, which is not the case for family and personal rights that were not inherited. The need for inheritance was assumed in the case when certain heads of the family began to accumulate property, the rights to which should have been transferred after death to someone. The following types of inheritance were distinguished: inheritance by will and inheritance by law. Inheritance by will was subject to the will of the testator, who disposed of all the property. Testamentary law was recognized for Roman citizens with legal capacity and legal capacity. Persons who found themselves in “alien power”, Latins, slaves could not act as testators. When the next of kin of the deceased were not indicated in the will, they were entitled to petition for the annulment of this will.
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The journal is structured into sections that reflect current issues in various fields, as follows: International Law, Public Law, Private Law, and Criminal Sciences. The journal continues to promote the innovative element implemented in previous issues — within the respective sections, doctoral students are admitted, the criterion being the completion of doctoral studies and the finalization of the thesis, including the initiation of the defense procedure. This exception confirms the high level of research of the doctoral students. Equally, this rule is applied to experts whose studies are of interest, especially for practitioners. Promoting the idea of supporting young scientific researchers, the journal contains a special section called 'Doctoral Tribune,' where they have the opportunity to publish their research results, with the works being reviewed by experts in the field.
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The evolution of the process of recognizing the victim as an important subject for national and international criminal justice has been and is a long one. The reciprocal influence of national and international law has also left its mark on the determination of the place and role of the victim in criminal proceedings. However, the international recognition of the concept of „victimology“ is nothing more than a confirmation that, under the influence of international law and national legal systems, the victim is gradually becoming increasingly important, thus promoting the concept of equity in the context of criminal proceeding, both national and international.
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We would like to highlight in the second part of the article the most important elements of civil aviation development process by identifying the social, economic and political conditions that generated the severe confrontation of the USA and the EU states members and the litigation related to the regulation of the field between the state sovereignty principle on the air space and the air freedoms. There are also revealed the main stages and the legal instruments strengthening the common position of the EU states members in order to exploit the air space and to provide a secure and efficient mean of transport, which may meet the daily needs specific to the 21st century.
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Article 33 of the European Convention on Human Rights, entitled Interstate Cases, provides: „Any High Contracting Party may refer to the Court any violation of the provisions of the Convention and its Protocols by another High Contracting Party.“ To that end, the requesting State is acting rather to denounce one or more infringements alleged to have been suffered by private individuals who have been replaced in a certain way.
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The defense in criminal proceedings is a right and not an obligation of the accused or defendant, while the state is obliged to ensure his right to defense, because a real defense is a guarantee of complete objective investigation of evidence, because only in this way a legal sentence may be issued. Thus, the initiated study consists in conducting a comprehensive analysis of the right to defense as a complex guarantee of the right of free access to justice, which includes a number of rights essential for the existence of a fair trial and effective access to justice.
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Due to the uniform nature of the administrative procedure, the individual administrative act is the indispensable legal instrument through which public authorities tackle the modern tasks of public authorities. Administrative action must serve the effectiveness of the administration, as well as the interest of the citizen for a clear and permanent determination of their legal position. Thus, a distinction is made between the procedural function, the clarification function, the decided fact function, the enforcement function and the legal protection function. The execution of the individual administrative act is one of the most important legal effects. The moment of triggering the enforceable effect of the individual administrative act coincides with its validity. Validity is in turn external and internal (internal efficiency). The need for effective legal protection against burdensome administrative acts also includes provisional legal protection. The administrative code distinguishes between the suspension occurred by the effect of the law and the suspension instituted by the public authority or the court at the request of the addressee or the third party affected by the unfavorable individual administrative act.
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In this article, the authors make a theoretical foray into the characteristic elements of incorporation and analyze the defining features and its main forms, bringing together doctrinal opinions from different legal systems. In addition, it is presented a comparative analysis of the differences between incorporation and other forms of systematization of legislation (consolidation, codification) and stages of the incorporation process are described. In conclusion, the authors formulate their own comprehensive definition of incorporation, which emerges from the analysis performed.
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The purpose of this paper is to contribute to the correct interpretation and application of the provisions of Article 80 of the Penal Code of the R. Moldova by the law enforcement bodies as well as to the elucidation of the essence of the institution of the agreement on the recognition of guilt and its effects both for justice and for offender. The academic novelty of the work is determined in particular by the novelty and importance of the institution of the agreement on the recognition of guilt. This paper attempts to answer to some of the issues that might arise in the application of the institution of the agreement on the recognition of guilt, as well as the application of the punishment in case of the conclusion of the agreement on the recognition of guilt. The applicative value of the paper is, in its turn, to explain all the important aspects of the subject in the analysis, the interpretation of the appropriate legal norms, the analysis of the law, which is to identify the solutions and to contribute to the interpretation and application of the analyzed norm in a correct manner, without causing legal errors in the application of those rules.
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The scientific work addresses the issue of the institution of the consumer of energy resources in the legislation and judicial practice of the Republic of Moldova and the European Union. The presentation of the matter was made both in terms of the legislation of the Republic of Moldova and the norms of the European Union. Particular attention was paid to the legal relations governing the status of the consumer of energy resources, including the submission of legislative proposals to improve this status.
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This scientific approach includes an analytical analysis on the link between the principle of equity and the principle of legality made through the prism of the degree of doctrinal recognition and their legal validation, which consequently reflects the diversity of theoretical concepts on those principles. The legal non-recognition of the principles of legality and equity in the modernized Civil Code was the causal support to make a doctrinal inventory regarding the identification of those principles in the realization and defence of civil rights. The conceptual support of this study focused on identifying legal and doctrinal landmarks that validate the interference of these principles and which was detached from their functional aspects and legal inaccuracies that suppress the applicative substitution of the magistrate for situations when the law is obscure or generates unfair situations. The elucidation of the bridges (interconnections) between the principle of equity and the principle of legality allowed the appreciation of the applicative value of each principle in the realization and defense of civil rights and their position in the hierarchy of the system of fundamental principles of law in general and civil law in particular.
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Individual freedom and security of the person is one of the most sensitive and complex human values which, along with other fundamental rights, plays a primordial role in a democratic society. Legal relations are presented as legal norms in action. Both the interpretation and the application of legal norms must lead to the realization of law in social relations. The realization of the rule of law, in general, presupposes on the part of all the addressees of the law a conduct in accordance with the provisions of the law in order to a good development of the social relations. Thus, for the law to act promptly and effectively - either criminally or extra-criminally - this presupposes the possibility and necessity of its application. The application of the legal norm designates everything that is necessary for their transposition and for the protection of subjective rights. However, in order to be in the presence of the legal order, the state must be able not only to create rules, but also to determine their effective implementation, both through actions that stimulate subjects to voluntarily submit to the rules and by organizing an institutionalized effective constraint.
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Every year, millions of people around the world fall victim to human trafficking. The Republic of Moldova is no exception to this phenomenon. Thus, the approached problem is of both theoretical and practical interest. In this article we will analyze the history of the appearance of the institution of trafficking in human beings, the notion of this institution, will perform the legal criminal analysis of the crime of trafficking in human beings. Finally, the authors will come to conclusions and recommendations to combat this phenomenon.
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The codification process of international humanitarian law generally differs from the codification process of public international law. This specific situation is dictated by the fact that the founding states of the UN from the very beginning did not reach a consensus on the importance of codifying existing “laws and customs of war” and recognized at the customary level, due to misinterpretation of the two terms — jus ad bellum and jus in bello. In this context that the cooperation between the UN and the ICRC, the latter as the depository of instruments of international humanitarian law, must be viewed and analyzed. At the same time, with the end of the “Cold War”, there has been a common approach and approach by the UN and the ICRC on international humanitarian law in the light of contemporary interpretations of the field, in the context in which the “core” of human rights is a priority for both mentioned international organizations, organizations that represent a qualitative index for other regional international organizations.
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