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.

EVOLUȚIA INSTITUȚIILOR DE „EXTRĂDARE” I „PREDARE” ÎN DOCTRINA DREPTULUI INTERNAȚIONAL

Author(s): Andrei BAEȘU / Language(s): Romanian Issue: 1/2022

Extradition is an agreed commitment between the governments of sovereign states to cede a person to the requesting state the purpose of criminal prosecution for certain crimes or for the execution of a custodial sentence, including the application of preventive measures. At the same time, surrender consists in the actions of a state to hand over a person to the International Criminal Court for crimes of genocide, aggression, war and against humanity. In this article the author highlights the essence, historical evolution and difference of extradition and surrender institutions as a form of international cooperation in criminal matters.

More...

INFRACȚIUNI CONTRA SĂNĂTĂȚII PERSOANEI COMISE PRIN PARTICIPAȚIE

Author(s): Alexandru Arcer / Language(s): Romanian Issue: 1/2022

With the rise in the number of harmful acts targeted at a person’s health, the protection of people from acts intended to endanger life was imposed as an objective requirement. Research on the issues of criminal culpability for offenses against a person’s health has received and continues to receive attention in the field of criminal law. Because these crimes are significant in the context where the degree of prejudicialness is higher if we are dealing with criminal participation, the participants themselves are a bigger danger, the research will analyze these crimes through the lens of criminal involvement in this context. If a crime against a person’s health is perpetrated by a group of persons who have either explicitly or implicitly agreed to do something. Whenever a crime against the health of the person is committed through the activity of several people, who have agreed expressly or tacitly for this purpose, before or during its commission, there is a criminal participation, that is, it is claimed that the agreement is the basic condition of participation.

More...

ISTORICITATE, IDENTITATE I TRADIȚIE LA ROMÂNI DIN PERSPECTIVA JURIDICITĂȚII

Author(s): Bogdan CUZA / Language(s): Romanian Issue: 1/2022

The ethnic identity of Romanians, its unity cannot be identified outside the investigation of a complex, deep, creative social life, of the trinomial language, culture, religion, to which are added specific elements of civilization, within this human community. According to historicism, a principle of dialectics, the phenomena of reality must be seen in the process of their development and their disappearance, in an indissoluble connection with the concrete historical conditions that generated them. Historicism is opposed to the tendencies of substituting the concrete historical study of social reality by abstract schemes, as well as to the historicism that overbid the genetic, diachronic approach in explaining the social phenomenon, neglecting the systemic and synchronic, as non-essential factors but with permanent action in determining development.

More...

ASPECTE TEORETICO-PRACTICE PRIVIND MODALITATEA DEPUNERII CERERII LA CURTEA DE JUSTIȚIE A UE

Author(s): Mihail Poalelungi / Language(s): Romanian Issue: 1/2022

In order to ensure the uniformity and effectiveness of the European Union law, the Court of Justice of the European Union has been given clearly defined jurisdictional powers, which it exercises on references for preliminary rulings and in various categories of proceedings. Below are set out the proceedings in detail. Discussed are not just the main conditions of each proceeding already known from the European law systems but also those developed by the Court of Justice of the European Union.

More...

ABORDĂRI TEORETICO-PRACTICE PRIVIND MĂSURILE EDUCATIVE APLICABILE MINORILOR AFLAŢI ÎN CONFLICT CU LEGEA

Author(s): Irina Bodareva-Solomon / Language(s): Romanian Issue: 1/2022

The topicality of the addressed topic resides in the interest shown in knowing the importance of educational measures applicable to minors in conflict with the law. Criminal minors are one of the major and permanent concerns of criminal policy in all modern states. Criminal manifestations in the age range that characterizes minors raise very special and specific problems of prevention and combat, due, on the one hand, to the multitude and diversity of factors that can negatively mark the ability of minors to adapt to the demands of socially accepted norms of conduct , and on the other hand, the extremely fragile and influenceable character of their personality. Unlike some foreign legislation (such as the French one), where educational measures can be taken even without establishing criminal responsibility, in the Moldovan criminal system they can only be consequences of concrete criminal responsibility and can only be taken against the minor who committed a crime. The moments exposed in the content of this article are useful, in particular, in terms of the practical applicability of the educational measures applicable to minors in conflict with the law.

More...

Andrei Smochină — om și profesor: personalitate notorie a învățământului juridic superior

Author(s): Iurie FRUNZĂ / Language(s): Romanian Issue: 1/2022

Obituary Andrei Smochină — man and teacher: notorious personality of higher legal education

More...

RECOMMENDATORY DOCUMENTS ADOPTED BY INTERNATIONAL ORGANIZATIONS THROUGH THE EFFECTS PRISM IN REPORT TO THE STATES MANDATORY OBLIGATIONS

Author(s): Vitalie Gamurari / Language(s): English Issue: 2/2022

The international normative system is one complex in which legal norms have a special role Practice shows, despite the fact the violation cases number or non-compliance with international law norms are increasing, however states and other international actors try to justify their actions through arguments based on international law But, such an approach can and should be seen as a recognition of the legal norms role and place within the international normative system The international law evolution and codification process clearly demonstrates the approach by states to the gradual recognition of the international law supremacy in the process of regulating international relations The states national “selfishness” characterized by the reluctance to delegate some sovereign rights to international law also left its mark on the process of creating international law norms However, the majority of international law norms remain to be recommendatory nature norms for states, the latter reserving the right to express themselves in relation to them through a form that characterizes national legal traditions The 20th century second half was characterized by the “forceful” codification of international law, including thanks to the efforts undertaken by the International Law Commission empowered by the UN General Assembly with the noble function The trends were such, if at the beginning international law was focused exclusively on the interests of states as primary and original subjects, gradually the international law, including being pressured by the international community is oriented towards an imperative approach to obligations with erga omnes character thus qualitatively transforming the character of international law norms from instruments into jus cogens norms.

More...

FABRICA DE POLITICI DE RECONCILIERE ÎN ZONA MEDITERANEANĂ: JUSTIŢIA TRANZIŢIONALĂ CA MODEL DE GESTIONARE AL UNUI TRECUT VIOLENT (PARTEA I)

Author(s): Vitalie Gamurari,Abdelaziz Mukhtar / Language(s): Romanian Issue: 2/2022

The Maghreb space was and remains a specific one, conservative and little affected by European democratic processes, despite the fact that it has secular traditions with European states, especially with France, Spain and Italy The last decades of the 20th century have radically changed the mentality of the class politics of this region, including thanks to external factors, but also internal ones, dictated by the visions of the new generation influenced by Western democratic values However, the reconciliation process of the Maghreb countries’ societies cannot be viewed outside of the evolutionary processes that strongly influenced the respective political regimes and produced major effects on the progressive changes in the interest of the citizen At the same time, we cannot examine the respective societies as a package, each of them having its own traditions, be it political, legal, cultural or social In such conditions, the practice accumulated by the Maghreb countries in the implementation of transitional justice, the final objective being national reconciliation, is of increased interest for post-conflict societies, including the Republic of Moldova.

More...

SISTEMELE JURIDICE ATIPICE —„MIXTE” SAU „HIBRIDE”

Author(s): Ion Postu,Veronica RUSNAC / Language(s): Romanian Issue: 2/2022

This article analyzes the atypical legal systems, which present features from different types of law The authors state the classical division into legal families is outdated and many legal systems present amalgamated elements According to the authors’ opinion, based on the typological approach, some legal systems can simultaneously be part of different legal families, being at the intersection between them Thus, some elements of the legal system present characteristics of one type of law, and others — of another type of law, their specific mix representing a mixed system As an outcome, the authors conclude that there is no univocal approach to understanding the concept of “mixed system”, and propose to understand the mixed legal system as “a legal system in which a fundamental branch or a main element presents features characteristic of a different type of law than the dominant one in other elements of the system”.

More...

PRACTICA JUDICIARĂ A REPUBLICII MOLDOVA ÎN SFERA TRAFICULUI ILICIT DE STUPEFIANTE, SUBSTANŢE PSIHOTROPE ȘI ANALOGIILE ACESTORA

Author(s): Gheorghe SULT / Language(s): Romanian Issue: 2/2022

The topicality of the subject is terminated by the fact that in recent years the illicit trafficking of narcotic drugs, psychotropic substances and their analogues of concern The extent is particularly, consumption, the number of those killed by drugs and demoralising on people’s conscience and behaviour The social alarm born from the unprecedented proliferation of drugs leads to the idea, not at all satisfactory, that the battle strategies adopted against this phenomenon by the Republic of Moldova and foreign countries have proven to be ineffective Therefore, the primary task of international conventions in the field of control over the circulation of narcotic and psychotropic substances is to ensure the legal needs of health protection by simultaneously counteracting the inclusion of dangerous substances in the illicit circuit and to create a system of administrative regulation regarding the legal use of substances narcotics and establish the measures directed against their illicit use Because drug use represents one of the challenges facing humanity and worthy of consideration in international cooperation programs in the field of criminal law.

More...

ГЕНЕЗИС ПРИЗНАНИЯ ПРАВА НА ДОСТУП К ИНФОРМАЦИИ НА МЕЖДУНАРОДНОМ УРОВНЕ

Author(s): Nicolai Jekov / Language(s): Russian Issue: 2/2022

The article analyzes the formation and recognition of the right to access to information in international legal activity The study of the genesis, transformation and development trends of the right to receive official information is important for understanding the essence and directions of development of this right, which has acquired special significance in the modern world The article consistently examines the role and significance of the law enforcement practice of international treaty and jurisdictional bodies, the impact of decisions on specific legal situations on the development of normative regulation of the right to receive information of public or other significant public interest The result of the generalization of international law enforcement is the identification of prospects and trends in the development of the right to access to information in the form of establishing positive obligations for the state aimed at observing the above general civil freedoms and, as a result, improving mechanisms, including institutional ones, guaranteeing the realization of the right to receive information.

More...

PROMULGAREA LEGILOR DE CĂTRE PREȘEDINTELE REPUBLICII MOLDOVA

Author(s): Serghei Sîrbu / Language(s): Romanian Issue: 2/2022

In this article we analyzed the peculiarities of the promulgation of laws by the President of the Republic of Moldova In this sense, we started from the text of the Constitution and from the interpretations of the Constitutional Court I found that upon receiving the law for promulgation, the President has the following possibilities: 1) to promulgate the law within the constitutional terms; 2) to ask the Parliament once and for all to re-examine the law; 3) to notify the Constitutional Court for the control of the constitutionality of the received law At the same time, I pleaded for the interruption of the constitutional term for the promulgation of the law in the event of the notification by the President of the Republic of Moldova of the Constitutional Court for the exercise of a priori control of constitutionality Finally, we made proposals to improve the constitutional provisions regarding the enactment of laws.

More...

КАДАСТР НЕДВИЖИМОГО ИМУЩЕСТВА В РЕСПУБЛИКЕ МОЛДОВА: ТЕКУЩЕЕ СОСТОЯНИЕ И ПЕРСПЕКТИВЫ (МЕЖДИСЦИПЛИНАРНОЕ ИССЛЕДОВАНИЕ)

Author(s): Olga Buzu,Vladimir Gutu,Dumitru Guţu / Language(s): Russian Issue: 2/2022

Shaping and improvement of market infrastructure plays, combined with security of property rights, an important role in the implementation of the national sustainable economic development strategy — to include development of the real estate cadastre, whose information underlies most decisions made in private and public sector regarding prudent use and management of land, securing of property rights to real estate, promoting decentralization policies in respect to public property and public budgets An up-to-date multipurpose real estate cadastre is discussed applying a synergetic approach that involves consideration of the cadastre’s legal, technical, economic, institutional and social aspects This empirical interdisciplinary study supports the real-estate-cadastre-as-a-system hypothesis.

More...

Recenzie la monografia „Contribuirea justiției tranziționale la instaurarea statului de drept într-o societate post-conflictuală”, autori: Elena Tania NĂVODARIU, Vitalie GAMURARI. Iași: CERMI. 2022. — 240 p

Author(s): Mihail Poalelungi / Language(s): Romanian Issue: 2/2022

"The subject addressed represents one of the directions of international humanitarian law that emerged a few decades ago from the pragmatism of British thinking; in other words, in this case, we can talk about the influence of national law on international law.

More...

IN MEMORIAM Doctor habilitat în drept, profesor universitar, col (r) Mihail GHEORGHIŢĂ

Author(s): Not Specified Author / Language(s): Romanian Issue: 2/2022

Prof. Mihail Gheorghiţă stood out particularly during the international forensic symposia he organized here in Chișinău, inviting eminent scientists from other countries, as well as through his high-level scientific presentations, clarifying theoretical issues of criminal procedural law and national forensic science.

More...

FABRICA DE POLITICI DE RECONCILIERE ÎN ZONA MEDITERANEANĂ: JUSTIŢIA TRANZIŢIONALĂ CA MODEL DE GESTIONARE AL UNUI TRECUT VIOLENT (PARTEA II)

Author(s): Vitalie Gamurari,Abdelaziz Mukhtar / Language(s): Romanian Issue: 1/2023

More...

INGERINȚĂ; CALITATEA LEGII; TRIPLUL TEST; PROPORȚIONALITATE. ASPECTE TEORETICO-PRACTICE SI APLICABILITATE

Author(s): Mihail Poalelungi,Oleg ROTARI / Language(s): Romanian Issue: 1/2023

This article aims to bring clarity, based on the case law of the European Court of Human Rights, concerning the applicability of the triple test in cases of interferences admitted by national authorities in the human rights and fundamental freedoms of the citizens in their jurisdiction In essence, the institution of the triple test, as mentioned in the judgments of the Strasbourg Court, is nothing more than a proportionality test that explains the admissible elements of such interferences and that must prove that a restriction of the exercise of a right has to be provided in the domestic law, to pursue one or more legitimate aims, as well as to be proportionate to the aims pursued and, therefore, necessary in a democratic society.

More...

VALORILE JURIDICE ÎN DISCURSUL DOCTRINAR ȘI FILOZOFIC

Author(s): Dumitru Baltag,Rita MUNTEANU / Language(s): Romanian Issue: 1/2023

Legal values over the centuries become an integral part of our society, creating a sense of community and belonging, helping to establish meaningful relationships between individuals Legal values encourage the creation of an environment of mutual understanding and respect Understanding and respecting legal values is essential for all of us, and every society in turn aims to promote and propagate these values through its members In this article, we analyze some ideas regarding the multidimensional conception of legal values With this aim, conclusions were examined regarding the point of view of legal doctrine on the theory of values, especially in public discourses, reflections, findings and published materials, using an interdisciplinary approach.

More...

ПОНЯТИЕ ПРЕСТУПЛЕНИЯ ЭКСЦЕСС ИСПОЛНИТЕЛЯ В УГОЛОВНОМ ПРАВЕ

Author(s): Victor Moraru,Tatiana Sarî / Language(s): Russian Issue: 1/2023

This article examines such concepts as the excess of the perpetrator in criminal law, as well as examines the opinions of scientists on the issue under consideration It is also determined that the excess of the executor in criminal law can be committed not only by the executor, but also by other accomplices of a crime Suggestions for the improvement of the current legislation in the field of criminal law have been made.

More...

CRITERII CE CARACTERIZEAZĂ DIPLOMAȚIA LA NIVEL INTERNAȚIONAL ÎN MATERIE DE PROTECȚIE A MEDIULUI

Author(s): Cristina Robu / Language(s): Romanian Issue: 1/2023

The current stage of international environmental diplomacy knows a constant increase in the performance of institutions and organizations, concerned with controlling the impact produced by negative human activity on the environment The concept of globalization is the key factor, which brings with it a series of major changes in political and economic terms but also in international relations as a process, moreover challenges in international diplomacy as an essential element, in the development of international disputes with the objective of sustainable development of the environment.

More...