CEEOL - Browse Subjects Result

We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

ARGUMENT

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

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.

More...

ABORDĂRI ASUPRA CAZURILOR DE TRAGERE LA RĂSPUNDERE PENALA A STĂRII DE BEȚIEI SAU DE EBRIETATE FIE CA CIRCUMSTANȚĂ ATENUANTĂ SAU AGRAVANTĂ

Author(s): Constantin BUJOR,Dumitru Marinel HОRTОPAN / Language(s): Romanian Issue: 2/2021

With the individualization of punishments, mitigating or aggravating circumstances also have a great importance. There are various circumstances, which do not depend on the achievement of the legal content of the offense in its basic form. Circumstances — both attenuating and aggravating — refer to deed or perpetrator, influencing the degree of concrete social danger of the act, aggravating or attenuating the original responsibility of the perpetrator. The court will only have to take into account those circumstances or facts that lead to a significant reduction or increase in the degree of concrete danger of the act as a whole and not taken alone.

More...

CAUZELE ȘI CONDIŢIILE CRIMINALITĂŢII ÎN SĂVÂRȘIREA INFRACŢIUNII DE OMOR ASUPRA SOŢULUI, SOŢIEI SAU UNEI RUDE APROPIATE, SCOPURILE ȘI MOTIVELE COMITERII LOR

Author(s): Mihai Mizdran,Cristina Băloi / Language(s): Romanian Issue: 2/2021

Discovering and analyzing the causes and conditions of crime in the commission of any category of crime is a complex, interdisciplinary and human resource involvement activity in institutions directly and indirectly involved in the fight against crime. And this is true for any state or region, so the problem is similar for both Romania and the Republic of Moldova. Regarding the family environment, there are some families that, although they are “organized” are characterized by accentuated conflict states that can be of different intensity and can extend over different periods of time (starting from relatively simpler forms such as quarrels, misunderstandings, sharp contradictions, refusal of marital or family obligations, etc. and reaching more complex, serious forms, such as physical aggression, expulsion from home, the existence of adulterous relationships, etc.)

More...

ТЕОРЕТИКО-ПРАВОВЫЕ АСПЕКТЫ И ВОПРОСЫ ПРЕДЕЛОВ ПРОЦЕССУАЛЬНОЙ САМОСТОЯТЕЛЬНОСТИ ОФИЦЕРА ПО УГОЛОВНОМУ ПРЕСЛЕДОВАНИЮ

Author(s): Ruslan Caraivan / Language(s): Russian Issue: 2/2021

In this article, the author reveals the theoretical and legal problems of the limits of the procedural independence of a criminal prosecution officer. Based on the identified problems, options are proposed for effectively strengthening the procedural independence of the criminal prosecution officer.

More...

COOPERAREA POLIȚIENEASCĂ INTERNAȚIONALĂ A REPUBLICII MOLDOVA CU OFICIUL EUROPEAN AL POLIȚIEI (EUROPOL)

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

Europol is the European Union’s law enforcement agency whose main goal is to help achieve a safer Europe for the benefit of all EU citizens. The main goal of Europol is to improve and to enhance the cooperation between the competent authorities of the EU member states in preventing and combating serious international organized crime. The police cooperation of the national authorities of the Republic of Moldova at the EU border is a key element of the EU policy towards its neighbors. This cooperation must be efficient, that helps reducing risks of criminality and addressing common challenges across these borders. Balanced partnership between the partners is crucial for strategical and operational approach to tackle in real time serious international organized crime, to increase capabilities and to build trust and oriented results. Moldova established an early cooperation with Europol after visa free regime and the signing of the Association Agreement with EU.

More...

EFECTUL RES INTERPRETATA A JURISPRUDENȚEI CURȚII EUROPENE A DREPTURILOR OMULUI ÎN JURISPRUDENȚA CURȚII CONSTITUȚIONALE A REPUBLICII MOLDOVA

Author(s): Serghei ȚURCAN / Language(s): Romanian Issue: 2/2021

The res interpretata principle (the authority of the interpreted thing) provides that the interpretative authority of judgments of international courts goes beyond the parties concerned and imposes an obligation on all Contracting States to take these judgments into account. In its case-law, the Constitutional Court noted that the practice of international jurisdiction is mandatory for the Republic of Moldova, as a state that has acceded to the European Convention for the Protection of Human Rights. The jurisprudence of the European Court has the same legal value as the conventional provisions, being the interpretation of the Convention. The Constitutional Court upheld the principle of direct applicability of the European Convention and the jurisprudence of the European Court on constitutional interpretations and solutions, considering both European Court rulings in the case of the Republic of Moldova and judgments of other States parties to the Convention.

More...

Recenzie la manualul „Drept internațional public“, autori: Alexandru BURIAN et al. Ediţia a V-a (revăzută şi adăugată). Chişinău: Combinatul Poligrafic. 2021. — 756 p

Author(s): Alexandr Cauia / Language(s): Romanian Issue: 2/2021

The textbook responds to the role of international law in modern society, including through the emergence of new codified fields in light of the need to regulate relations in the respective matter between subjects of international law, as well as international actors in general.

More...

IN MEMORIAM Doctor în drept, conferențiar universitar Trofim CARPOV

Author(s): Not Specified Author / Language(s): Romanian Issue: 2/2021

With profound respect and gratitude, we commemorate the activity of a prestigious and dedicated jurist, a prominent figure in Criminal Law from the Republic of Moldova — Associate Professor, Doctor of Law — founder of the Department of Criminal Law and Criminology at the Free International University of Moldova.

More...

REGLEMENTAREA STATUTULUI PERSOANELOR INTERN DEPLASATE ÎN LUMINA PRINCIPIILOR DIRECTOARE ALE COMISIEI PENTRU DREPTURILE OMULUI A ONU DIN 17.05.1998

Author(s): Vitalie Gamurari,Aliona Cigulea / Language(s): Romanian Issue: 1/2022

The development of the guiding principles regarding the status of internally displaced persons by the UN Human Rights Commission was a reaction to the critical situation in which this category finds itself, given the lack of regulation of their legal status at the international level. However, this document attempted to equalize the legal status of internally displaced persons and refugees, especially the normative framework that ensures security for internally displaced persons equal to that of refugees, including the involvement of international bodies

More...

REGLEMENTAREA JURIDCĂ A ASPECTELOR IDEOLOGICE ALE PROCESULUI DE ASIGURARE A SECURITĂȚII NAȚIONALE A REPUBLICII MOLDOVA

Author(s): Alexandr Cauia / Language(s): Romanian Issue: 1/2022

In the ex-Soviet space in general and in the Republic of Moldova in particular, the ideological aspects of national security are instinctively associated with the tragic consequences of the Soviet system and the communist regime of that period. However, the express definition of the national interest and national values as the foundation of the state structure and the normative system for ensuring national security constitutes an indisputable imperative. Thus, this article reflects, in addition to the definitions, conceptions and interpretations of the term ideology, in the context of ensuring the legal-normative basis of the state’s national security, and the need for the express formulation in the text of the future National Security Strategy, the essence and content of the national interest and national values, as the ideological foundations of the national security of the Republic of Moldova.

More...

HERMENEUTICA NOŢIUNILOR „CLASIFICARE“ ŞI „TIPOLOGIZARE“

Author(s): Ion Postu,Veronica RUSNAC / Language(s): Romanian Issue: 1/2022

In this article, the authors interpret the polyvalence of the notions of classification and typology, in order to highlight specific features and divergent elements. Some definitions are discussed and the dual nature of classification—as a process and as an outcome—is highlighted. Classification and typology are seen as conceptual operations, which are united by a single goal — the ordering of a given set of objects. The authors conclude that classification focuses on classes, and typology — on types, and that within classifications each element can be assigned to a single class, depending on the criterion chosen for differentiation, but within typology — the same element can be part of several types. In the context of the systematization of contemporary legal systems, the authors state that some of them cannot be attributed to any class, which goes against the logic of classification, instead, from the point of view of typology, there may be atypical legal systems, which they do not contain elements specific to any type.

More...

СОВЕРШЕНСТВОВАНИE ЗАКОНОДАТЕЛЬСТВА РЕСПУБЛИКИ МОЛДОВА ОТНОСИТЕЛЬНО ПОРЯДКА ПОДДЕРЖАНИЯ ОБЩЕНИЯ ОСУЖДЕННЫХ К ЛИШЕНИЮ СВОБОДЫ С ВНЕШНИМ МИРОМ

Author(s): Gheorghii Sult / Language(s): Russian Issue: 1/2022

This paper attempts a theoretical presentation of the legal reform of the penitentiary system of the Republic of Moldova, taking into account international legal acts regarding the procedure for maintaining communication of those sentenced to deprivation of liberty with the outside world. The issues in the field of bringing the political and legal documents of the penitentiary system in line with international treaties and legal acts on all issues of maintaining communication of those sentenced to deprivation of liberty with the outside world, taking into account the assistance of state and public institutions, etc. are being studied.

More...

LEGAL REGIME FOR WASTE MANAGEMENT IN THE REPUBLIC OF MOLDOVA

Author(s): Andrian CRETU / Language(s): English Issue: 1/2022

Demographic growth, especially recorded in recent decades, could not help but bring with it a series of problems, especially those related to the environment. However, with this, the volume of consumption increases, and as a consequence also of the waste from the consumption of products and services. Moreover, exhaustible resources become the most vulnerable, impossible to compensate even by recycling the waste resulting from the use of products, and these, in turn, from the use of raw materials which, broadly speaking, constitute exhaustible natural resources. The considerations shown, normally, led the legislators of developed states to resort to much more precise, direct and effective measures in the segment of the legal regime of waste management of any kind. This is how it was done, that in the last decade, European legislation introduced new mechanisms and concepts aimed at the reduction of waste and the effective management of the existing ones.

More...

REPERE CONCEPTUALE PRIVIND DREPTUL LA VIAŢA INTIMĂ

Author(s): Iulia BUTNARU / Language(s): Romanian Issue: 1/2022

Despite the attention paid in recent years to privacy, there is still no agreement on the exact meaning of the term. We believe that of all the fundamental rights, privacy is the most difficult category to define because of the specific aspects inherent to it. Nowadays, it is more and more difficult to protect privacy and, in particular, the privacy of information as a value. At the global level there are fears regarding the violation of privacy due to the increase in the power and speed of information technology. By virtue of them, it is absolutely necessary to develop and implement at the state level a viable mechanism for the protection of the right to privacy. Considering the evolution over time of the notion of privacy, as well as taking into account the sensitive connotations it carries, we could define the right to privacy as follows: „The right to private life is a right to individualism, which consists in the ability to live safe from the eyes of others, as well as the ability to establish and develop relationships with others”.

More...

АSPЕСTЕ PRIVIND LАTURА ОBIЕСTIVĂ А INFRАСŢIUNII „АСTIVITАTЕА MЕRСЕNАRILОR“

Author(s): Valentin SHIRIŢA / Language(s): Romanian Issue: 1/2022

This аrtiсlе is fосusеd оn rеsеаrсhing thе сhаrасtеristiсs оf thе оbjесtivе sidе оf thе сrimе оf mеrсеnаry асtivity, inсriminаtеd in аrt. 141 оf thе Сriminаl Соdе оf thе Rеpubliс оf Mоldоvа. Thе study оf thе аspесts rеfеrring tо thе оbjесtivе sidе оf thе сrimе „Mеrсеnаry асtivity„ оffеrs us thе pоssibility tо highlight сеrtаin prоblеms оf quаlifiсаtiоn оf thе rеspесtivе сrimе аnd tо idеntify sоlutiоns in thе prосеss оf quаlifying thе dееd оf mеrсеnаry pаrtiсipаtiоn in аrmеd соnfliсt, in militаry асtiоns оr in оthеr viоlеnt асtiоns, whеthеr hiring, finаnсing, trаining, оthеr insurаnсе оf mеrсеnаriеs, аs wеll аs thеir usе in аn аrmеd соnfliсt, in militаry асtiоns оr in оthеr viоlеnt асtiоns.

More...

RECUNOAŞTEREA ŞI EXECUTAREA HOTĂRÂRILOR PENALE ALE INSTANŢELOR STRĂINE

Author(s): Mihail Sorbala,Adrian CREȚU / Language(s): Romanian Issue: 1/2022

Although, initially international cooperation in criminal matters had an exclusively governmental character, nowadays it has acquired new dimensions and values. Consequently, the Republic of Moldova promotes the principle of cooperation in its international relations, which thus became an integral part of its foreign policy. Although, international legal cooperation in criminal matters is an integral part of criminal law and criminal procedure, presuming the provision of mutual aid in the field of preventing and combating crimes that involve the element of foreignness. Here it is worth noting that the execution of criminal justice in a complete and effective manner would not be possible if the effects of the criminal decision would be reflected only on the territory of the state where they were pronounced. That is why there is this important form of international criminal assistance, currently accepted both in the doctrine and in the legislation of many states, such as the recognition and execution of criminal judgments of foreign courts.

More...

CADRUL NORMATIV DE INCRIMINARE A INFRACȚIUNILOR DE RĂZBOI ÎMPOTRIVA PERSOANELOR SUB ASPECTUL DREPTULUI COMPARAT

Author(s): Mihail Sorbala,Irina VASILAȘCU / Language(s): Romanian Issue: 1/2022

The international community has reached a peak in which the development and security of humanity can no longer be addressed individually. In this context, it appears to be empirical to coordinate the efforts of all states to achieve the supreme interests of the international community. The principles and rules of international law relating to the conduct of hostilities, means and methods of combat used in armed conflict are intended to limit the destructive effects of military confrontations and to prevent unnecessary destruction, to humanize the use of force of arms, and to persuade combatants to refrain from excess, beyond any reason and justification. War crimes are condemnable not only from a legal point of view, but also from a moral, ethical or religious point of view, because they represent violations of legal norms, aiming to harm the innocent and unprotected.

More...

REGLEMENTĂRI CONSTITUȚIONALE PRIVIND DREPTUL LA NEDISCRIMINARE ÎN REPUBLICA MOLDOVA

Author(s): Dumitru Baltag,Ecaterina Baltaga / Language(s): Romanian Issue: 2/2022

Discrimination national is not just the result of ignorance Discrimination national is used as a strategy to maintain and implement power Because racism is first and foremost a political object, where the aspects of “theory” and “struggle” are inextricably intertwined Racism is an indisputable fact, it appears and exists as a phenomenon with a variety of manifestations that change over time, non-existent before European and American imperialism Racism is just a social construct that has been established to justify the subordination and subjugation of “others” However, it does not coincide with any form of violence, not even with any manifestation of collective hatred.

More...

PROVISIONS CONCERNING THE ANTI-RACISM DISCRIMINATION LEGISLATION OF THE EUROPEAN UNION

Author(s): Dumitru Baltag,Ecaterina Baltaga / Language(s): English Issue: 2/2022

Democracy and the rule of law are core values of the European Union and are mentioned in the founding treaties of the Union and have gained even greater importance with the adoption of the Charter of Fundamental Rights in 2000 The European Union Treaties and related Declarations refer to democratic principles, institutions, forms of enhanced cooperation, external actions and the EU’s external and common security policy, ie non-discrimination principles, etc Member States confirm their “attachment to the principles of liberty, democracy and respect for human rights and fundamental freedoms, and the rule of law”

More...

PREVENTING AND COMBATING THE PHENOMENON OF SOCIAL INTOLERANCE ANALYZED IN THE LIGHT OF NATIONAL AND INTERNATIONAL PROVISIONS

Author(s): Dumitru Baltag,Rita MUNTEANU / Language(s): English Issue: 2/2022

The realization of liberal principles in contemporary societies has led and continues to lead to overwhelming social movements that have a powerful impact on human destiny Most often, people are concerned only with strictly personal and immediate interests, so the emphasis is shifting from society/nation to the individual, leading to a relaxed policy, a disintegrated, attractive (due to high living standards), and excessively open social model Thus, the attractive legal framework of Western Europe is becoming prone to migration processes that are currently gaining massive proportions In this context, migration is having an eloquent impact on the rise of both ethnic intolerance and xenophobia, as well as on the development of pro–racist movements and sentiments.

More...