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Evoluţia ideilor despre libertatea de gândire. Abordare filozofico-juridică

Author(s): Sergiu SUVAC / Language(s): Romanian Issue: 1/2021

“Thought is free,“ said Marcus Tullius Cicero in the first century BC. The international society managed to give legal content to the famous quote only at the end of the 19th century, the beginning of the 20th century. Thanks to the titanic efforts of the notorious personalities of all time, philosophers and jurists, mankind has included freedom of thought in the list of fundamental freedoms and civil rights, which belong to every person from birth and which the state cannot deprive. Freedom of thought is an essential condition of a democratic society, of a rule of law. Moreover, this absolutely justified can be considered as the most important value of a prosperous society. Being fully exploited freedom of thought brings benefits only to the individual and to society as a whole.

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Obiectivele justiţiei în materie penală a Bosniei şi Herţegovinei în contextul punerii în aplicare a instituţiilor justiţiei tranziţionale ca factor al reconcilierii naţionale

Author(s): Elena-Tatiana NĂVODARIU / Language(s): Romanian Issue: 1/2021

Transitional justice objectives in Bosnia and Herzegovina focus on both punitive and restorative justice. Referring to the criminal justice system implemented in Bosnia and Herzegovina in the post-conflict period, we note that this process took place in two ways - in the form of the International Criminal Tribunal for the former Yugoslavia and national, in the form of specialized territorial criminal tribunals. However, in the context of the objectives of transitional justice, territorial courts must also take into account the interests of victims, including their relatives, as well as witnesses to the atrocities committed during the active phase of the armed conflict in the Balkans in the mid-1990s.

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$Consideraţii cu privire la autorul infracţiunii ca purtător de informaţie cu semnificaţie criminalistică.$

Consideraţii cu privire la autorul infracţiunii ca purtător de informaţie cu semnificaţie criminalistică.

Author(s): Florin CIOBANU / Language(s): Romanian Issue: 1/2021

Based on a thorough analysis of various opinions from the specialized forensic literature and the judicial practice, the author of the present work puts forward the idea that the process of identifying the criminal must rely on the examination of the his/ her qualities and characteristics (social, psychological, biological) reflected by the material traces that remained at the crime scene and the testimony of the eyewitnesses and the victims. It is underlined that the information about the connection between these characteristics, which are reflected in the traces at the crime scene, became so specific and voluminous, that only people with specialized knowledge (judicial experts, specialists) can process them in order to identify and arrest the criminals

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Consideraţii juridico-procesuale privind utilizarea cunoştinţelor specializate la cercetarea la faţa locului

Author(s): Ionuţ POPESCU / Language(s): Romanian Issue: 1/2021

The present work contains the concept of the notion “specialized knowledge” which was formulated after a thorough analysis of various opinions from the specialized literature. The author reveals the main forms in which the specialized knowledge is used in the penal process putting forward a new form of its application at the situational expertise of the crime scene. He also brings arguments in favor of the suggestions of lege-ferenda.

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Natura juridică a contractului de franchising

Author(s): Elena DEMIAN / Language(s): Romanian Issue: 1/2021

The franchise contract is a business promotion tool, which is applied in the economic relations regarding the production and / or commercialization of the products, the execution of the works as well as the provision of the services. Using this system of contractual relations, large companies get the opportunity to expand their area of marketing of goods and services, and small companies in turn get the opportunity to practice business with minimal risk and expense using a reputable brand.

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Inițiativele Organizației Națiunilor Unite de reglementare a activităților companiilor militare și de securitate private

Author(s): Corina Zacon / Language(s): Romanian Issue: 1/2021

In order to ensure international peace and security, the United Nations is taking several steps to achieve this goal. The legal regulation of the status of Private Military and Security Companies is one of the objectives of the UN. In order to prevent and combat the use of mercenaries and specific services provided by Private Military and Security Companies, the UN has created several tools and intervention mechanisms. The text of this article examines the possibility of creating a UN intervention force, which could consist of individual recruits capable of intervening in security mandates and not of military forces provided by Member States and streamlining the process of prosecuting those who have committed serious violations of international humanitarian law, under the auspices of the UN.

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STATUTUL VICTIMEI ÎN VIZIUNEA JUSTIȚIEI PENALE INTERNAȚIONALE ȘI CELOR NAȚIONALE: ASPECT COMPARAT (PARTEA II)

Author(s): Vitalie Gamurari,Ionuț – Gabriel Dulcinatu,Ionuț Gabriel DULCINATU / Language(s): Romanian Issue: 2/2021

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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ASSESSING THE IMPACT OF THE INVOLVEMENT OF PRIVATE ENTITIES IN CONTEMPORARY ARMED CONFLICTS ON THE STATE’S MONOPOLY ON THE USE OF MILITARY FORCE

Author(s): Alexandr Cauia,Corina Zacon / Language(s): English Issue: 2/2021

The active participation of private military and security companies in contemporary armed conflicts has a strong impact on the state’s monopoly on the use of military force. Even if there is no possibility to develop and implement a generally valid formula for interaction between states and private actors in the process of ensuring national security and defense, the outsourcing of specific functions of law enforcement and the degree of involvement of private military and security companies substantially affects state sovereignty and is one of the biggest challenges to public international law in general and to the legal mechanisms governing these processes in particular. The mechanisms, procedures and scenarios for collaboration between states and private military and security companies in order to carry out in practice functions that belonged exclusively to state structures are the subject of research in this article.

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CYBER SECURITY’S NEW CHALLENGES UNDER COVID-19 PANDEMIC: BETWEEN TECHNIQUE AND LAW

Author(s): Corina DODI / Language(s): English Issue: 2/2021

COVID-19 has changed the way cyber security is viewed by corporations in the global community. “Data is the new oil” — the value of information has become comparable to the value of raw materials. Information becomes especially important in the context of its processing using machine learning and other modern technologies. The more valuable information is for a business and civil society, the greater the need to protect it. Cybersecurity refers to one of the branches of information security and covers the protection of data in the networks of companies and organizations, as well as the protection of private information of individuals. Cybersecurity has a huge importance to business, civil society, governments, national and international critical infrastructure and includes protecting information systems and data from cyber threats such as computer fraud, espionage, sabotage or vandalism.

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IMPLEMENTAREA HOTĂRÂRILOR CURȚII EUROPENE A DREPTURILOR OMULUI: ULTIMELE DECIZII ALE COMITETULUI DE MINIȘTRI

Author(s): Olga BENEŞ / Language(s): Romanian Issue: 2/2021

In accordance with Article 46§1 of the European Convention on Human Rights, States Parties undertake to comply with the judgments of the European Court of Human Rights. The mechanism created by the Convention demonstrates the importance of the effective enforcement of judgments of the Court, Article 46 thus stipulating not only the obligation of States to comply with the judgments of the Court but also the legal obligation to put an end to the violation and its consequences. to comply with judgments of violation of the Convention, this discretion with respect to the enforcement of a judgment being the freedom of choice attached to the primary obligation of States to ensure the observance of guaranteed rights and freedoms.

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PRINCIPIILE CARE GUVERNEAZĂ PROCESUL ELECTORAL ÎN REPUBLICA MOLDOVA

Author(s): Andrei Smochina,Ion Cebanu / Language(s): Romanian Issue: 2/2021

This article elucidates the main legal regulations on the electoral process that were provided by the main electoral law of the Republic of Moldova — the Electoral Code and the amendments to this law from 1997 to the present. We placed special emphasis on the principles governing the organization and conduct of elections in the Republic of Moldova. We consider these fundamental ideas as the basis of the electoral legislation from which the whole democratic process on which the whole mechanism of the state apparatus is based should start.

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FRAUDA TVA: UNELE MECANISME DE COMBATERE A ACESTEIA ÎN LEGISLAȚIA SPECIALIZATĂ A U.E.

Author(s): Mariana Odainic / Language(s): Romanian Issue: 2/2021

VAT is the indirect tax that has the largest share in the accumulation of tax revenues from indirect taxes. Due to the impact it has on the EU budget, the losses generated by VAT fraud are huge. In order to reduce it, the European Union regulates various preventive measures, including reverse charge with VAT. In the paper below we present some mechanisms found in the specialized legal framework, focusing on Council Directive 2006/112 / EC of 28 November 2006 on the common system of value added tax.

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INDIVIDUAL PROFESSIONALS —SUBJECTS OF BUSINESS LAW

Author(s): Cristina Nagy,Elena Doina Ghica / Language(s): English Issue: 2/2021

The notion of professional is the concept with the most ingrate position of the new commercial regulation. The Romanian Civil Code legislature created this notion only to emphasize the unity of private law. The legal clarification of the notion of professional is particularly important as the professional has several professional obligations, the freedom of trade is subject to economic and social restrictions, and in the event of litigation there are rules derogating from common law.

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EVOLUTION AND PROSPECTS OF COMMERCIAL COMPANIES

Author(s): Elena Doina Ghica,Florin Ban / Language(s): English Issue: 2/2021

Commercial companies have been, and still are, the most appropriate legal instrument for draining human and financial energy to achieve social goals, as well as to satisfy the personal interests of entrepreneurs. The present material presents the sprouts of a company’s appearance, its evolution over time and its legal regulation in the contemporary context.

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Особенности правового статуса руководителя представительства иностранной компании в России

Author(s): Maria Kaurakova,Venera Davlieva / Language(s): Russian Issue: 2/2021

The choice between various forms of presence on the Russian markets to meet the goals of foreign companies is the main problem that they currently face. And traditionally this choice is not made in favour of representative offices for the lack of knowledge of their phenomenon and meaning for further development of law and relations bringing together different legal orders in a predictable and efficient manner. In this paper we will try to answer distinct issues that inevitably arise in practice when considering relations on the opening, functioning and closing of foreign companies’ representative offices in Russia and characterize the legal status of the persons managing them.

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UNELE ASPECTE VIZÂND PREVENIREA ȘI COMBATEREA TRAFICULUI DE COPII

Author(s): Mihail Sorbala,Irina VASILAȘCU / Language(s): Romanian Issue: 2/2021

Child trafficking is a socially dangerous act that has gained international significance due to its dynamics. This crime, at international level, is attributed to human beings trafficking in general, and in national law is incriminated in a particular article of the Criminal Code, namely art. 206. In the context of increasing the number of trafficked children in the total number of victims of human beings trafficking, it is absolutely necessary to strengthen the efforts of the competent authorities and direct the State’s attention to developing more effective policies and measures to prevent and combat child trafficking. Among the most important aspects to be assessed in order to identify potential victims of child trafficking and provide them with assistance are: the use of research results and paying more attention to the link between child trafficking and the use of information communication technologies; strengthening the capacities and resources of child protection professionals; raising public awareness of child trafficking and its various manifestations; ensuring a protected environment for children in street situations and unaccompanied or separated children seeking asylum; ensuring that specialized NGOs receive adequate funding.

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УПРОЩЕННАЯ (УСКОРЕННАЯ) ФОРМА УГОЛОВНОГО СУДОПРОИЗВОДСТВА В РЕСПУБЛИКЕ МОЛДОВА

Author(s): Gheorghii Sult / Language(s): Russian Issue: 2/2021

The article is devoted to the problems of introducing the institute of accelerated (simplified) proceedings in the criminal process. The theoretical and legal analysis of the concepts of legal regulation of the institute of accelerated (simplified) production of the Republic of Moldova is carried out in detail. The author emphasizes that the institution of accelerated (simplified) proceedings acquires such qualities as speed, efficiency and simplicity of criminal proceedings. The analysis of the preparation for the presentation of the public prosecution in the courts by studying the normative materials and judicial practice in relation to a specific category of cases; generalization and analysis of the materials of the criminal case; forecasting various situations that may arise during the trial; a set of tactics used to solve them. Possible law enforcement problems of the legalization of the informal process, that is, the out–of–court settlement of criminal and civil cases on the basis of plea bargains, which can significantly speed up the proceedings in the Republic of Moldova, are considered.

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IMPACTUL CORUPȚIEI ASUPRA REALIZĂRII DREPTURILOR OMULUI

Author(s): Adriana CAZACU / Language(s): Romanian Issue: 2/2021

The phenomenon of corruption has a negative impact on the exercise of all human rights — civil, political, economic, social and cultural. The impact on the realization of human rights depends on the level of perception of the phenomenon of corruption and its forms of manifestation. Corruption undermines the functioning and legitimacy of institutions and processes, which undermines trust in state and government institutions. Corruption exists in all countries, regardless of their economic or political system and level of development, in the public and private spheres. It is a transnational phenomenon that requires effective international cooperation, including in the recovery of corruption revenues. Currently, the negative impact of corruption on human rights is being studied and evaluated on a global scale. Good governance and human rights are mutually reinforcing objectives and are based on the basic principles of participation, accountability and transparency, so they are approached from a new perspective. Human rights, such as civil and political rights, are fundamental, inherent and inalienable rights of human beings, however, abuses of power by state bodies can often harm them. The realization of human rights, including the right to information, freedom of expression and opinion, freedom of assembly and association and the independence of the judiciary — creates an enabling environment for efforts to prevent and remedy corrupt practices, for these reasons must be guaranteed and effectively enforced.

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TRANZIȚIA INTERSTATALĂ AL ACORDULUI DE LA PARIS (2015): DE LA ADOPTARE LA IMPLEMENTARE

Author(s): Cristina Robu / Language(s): Romanian Issue: 2/2021

Climate change is a common concern of humankind, in which parties should respect, promote and take into account their obligations regarding human rights, the right to health, the rights of indigenous peoples, local communities, migrants, children, persons with disabilities and persons in vulnerable situations and the right to development, as well as gender equality, women’s empowerment and intergenerational equality. As a global problem, climate change requires countries around the world to work together, so in 2015, world leaders agreed on new ambitious targets to fight climate change.

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OBIECTUL JURIDIC AL INFRACȚIUNII PREVĂZUTE LA ART. 346 DIN CODUL PENAL AL REPUBLICII MOLDOVA

Author(s): Natalia ANDRONIC / Language(s): Romanian Issue: 2/2021

The legal object of the crimes provided in art.346 of the Criminal Code of the Republic of Moldova is the social relations regarding the equality and non-discrimination of all persons on the territory of the Republic of Moldova in the political, economic, social, cultural and other spheres of life, regardless of race, color, nationality, ethnicity, language, religion or belief, sex, age, disability, opinion, political affiliation or any other similar criteria.

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