Studia Universitatis Moldaviae. Stiinte Sociale

3-14

Authors: Maria BULGARU, Oleg BULGARU

In this article some of the measures of the family policies with the consequences on the decision of couples to give birth to children, related, in particular, to the parental care benefits during the first years of child's life (maternity/paternity/ parental leave), childcare services (nurseries, day care, kindergartens, etc.), combining family and professional obligations, etc. are analyzed. In the text, the results of the sociological research "The Reproductive Behavior of Women in Moldova", conducted in December 2015 by the Faculty of Sociology and Social Work, State University of Moldova, in partnership with the Charles University in Prague, Czech Republic, with the financial support of the Czech Development Agency are integrated. This study allows the authors to conclude that family policies in the Republic of Moldova are focused primarily on the economic/financial support considered being also a source for stimulating the birth rate. A number of important topics, conditioned by contemporary socio-economic and demographic challenges, occupy currently a peripheral place on the political agenda of our country.

21-29

Authors: Nelly ȚURCAN

The article gives a short overview of the history of the use of Universal Decimal Classification (UDC) as worldwide documentary language. There are presented examples of applying UDC for national bibliographies and catalogs, indexing of scientific articles, development of scientific databases, Internet service systems etc. Also, there is an overview of the use of the UDC in the Republic of Moldova. The article reveals the reasons the scientific journals of the Republic of Moldova have to apply the UDC index. This practice will ensure efficient access to content, relevant search of the scientific articles in National Bibliometric Tool, will increase international visibility of the scientific publication from the Republic of Moldova.

36-43

Authors: Темель КАРААСЛАН

We are all active users of different kinds of information, which the flow is constantly increasing. The abundance of television channels, sites on the Internet, a huge amount of video – and audio products, bright headlines of numerous periodicals. All this information becomes an integral part of our existence. Turkey integrates dynamically into the global information space. Citizens now have unlimited access to databases and information accumulated by the world community. In this context; article is an attempt to implement the "media education" concept of analysis. The main attention is paid to the problem of the functioning of media education and media education in the modern society of Turkey.

50-56

Authors: Sergiu BRÎNZA

The purpose of the investigation is to analyze the juridical-penal considerations of the amendments made by Law No.208/2016. As a result of the analysis there was established that the modification made to par.(6) art.16 of the Contravention Code detached terminology-wise the Contravention Code from the Penal Code. For the same reasons, the modification to par.(4) art.17 of the Contravention Code is as inappropriate as in the first case. At the same time, there was established that the modification made to art.18 of the Contravention Code was an appropriate one. The modification explanatory-wise made to art.541 of the Contravention Code is an appropriate one as well. Similarly, the modifications made to par.(1) and par.(2) art.96, art.97, par.(1) and par.(2) art.971, art.972, art.99-103, art.149, par.(2) art.155 and art.243 of the Contravention Code are all justified and welcomed. However, these contravention norms are not the only ones that are in a complementary relationship with certain penal provisions. Therefore, the legislature should show more consistent and standardized approach towards all similar contravention and penal hypotheses connected complementarily. The completion of the provision of par.(10) art.157 of the Contravention Code with the phrase", if the act does not constitute an offence" is also an appropriate one. It will allow more precise delimitation between the contravention act provided by this provision and other certain offences. The completion of the Contravention Code with art.1991-19912, 2201-2205 is justified and welcomed. These norms expanded the list of contravention norms that are complementary to the provisions of art.263 PC RM. The exclusion from the provision of art.354 of the Contravention Code of the phrase "violates the moral norms," is considered appropriate as well.

64-81

Authors: Victor VOLCINSCHI

Dedicated to the analysis of the issues of defining the concept of public order in the international law, the correlation between the concepts of public order of national law and private international law and of the social functions performed by each of them. By analyzing the legal regulations, the practice and the doctrine in the field, are being analyzed the conditions of invocation of public order exception in private international law, and demonstrated separately the specifics of invocation of the public order exception in the procedure of refusal of foreign judgments and in the procedure of refusal of foreign arbitral awards.

88-97

Authors: Stanislav COPEŢCHI, Liubovi BRÎNZA

In the carried out study there are highlighted some explanations reflected in Decision of the Plenum of the Supreme Court of Justice of the Republic of Moldova no 4 of 21.12.2015 amending and supplementing the Decision of the Plenum of the Supreme Court of Justice no 39 of 22.11.2004 “On judicial practice in criminal cases involving minors”. For quali¬fication according to the norm of the article 208 PC RM there is not necessary that the minor to have started preparation to commit the offense to which was instigated. As a victim of an offense specified in art.208 PC RM can occur both a minor who has attained the age of criminal liability needed to be subject to crime whose commission was instigated and a minor who has not reached such an age. It argues that to operate aggravating specified in para. (2) art.208 PC RM is obligatory presence of a special relationship between offender and victim.

113-122

Authors: Ilie CRECIUN

Regulation and limitation of anticompetitive agreements are not known only to contemporary states. Regulations and prohibitions of anticompetitive agreements are known since 18 a.Ch. Regulations have evolved over time and they had have different approaches: from non-prohibiting anticompetitive agreements – during of guilds, to the absolute prohibition of them – Sherman Antitrust Act, 1890, USA.

129-137

Authors: Igor DOLEA

This article approaches the issue of the retroactivity of Constitutional Court rulings in penal law. The actuality is deter¬mined by the non uniform solutions in doctrine and jurisprudence of the Constitutional Courts of European countries. There¬fore, the subject matter of the article is to identify a proper method for Republic of Moldova, being applied the compara¬tive method. It is analyzed the effects of the Constitutional Court rulings with regard to penal law as well as the retroactivity of the material in the procedural law. A separate issue raised is related to the principle of legal certainty, in case of the application of the retroactive effect of the Constitutional Court ruling and the revision as a procedural mechanism that repairs the damaged constitutional law. In this article, are suggested several solutions for national law system.

148-152

Authors: Igor HLOPEȚCHI

The execution of court decisions is an obligation of the Republic of Moldova, assumed by Parliament Decision no.1298-XIII of 24.07.1997 about ratification the Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols. The Convention protecting the right to a fair trial, guaranteed by art. 6. The concept of fair trial, signify all judicial proceedings related to enforcement execution, but the Republic of Moldova as guarantor of the rule of law, intervenes by means of criminal-law response in these social relations, and this representing the quintessence of state criminal policy and of this study.

161-163

Authors: Bianca MOLDOVEANU

The theory of separation of the three powers in the state has been for over two centuries. In different countries it has evolved in a different way. The author mentions the fact that even in the framework of the same state the separation of powers can evolve with preponderance either towards the legislative or the executive power. Thus, we cannot speak of a strict or rigid separation of powers. The author adduces numerous examples of deformation of this principle, mentioning the fact that at present in they consider the role of the executive power to be primordial to the legislative one.

180-191

Authors: Gheorghe RENIȚĂ

This scientific paper aims to give answers to its own introductory question: are the manipulation of an event and the arranged bets (article 2421 and 2422 of the Criminal Code of the Republic of Moldova (CC RM)) corruption offenses? In other words, is it justified to be included the above mentioned offenses to the group of corruption offenses? The starting point for the development of this investigation was the Draft Law no.268/2016 which, inter alia, aims to incorporate art.2421 and 2422 of the CC RM among the corruption offenses. In this regard, it is noted that the deed expressed in encouraging, influencing or training a participant at a sporting event or at a betting event to take actions that could produce a flawed legal effect upon that event, with the aim of achieving goods, services, privileges or advantages in any form, that he should not have had obtained for him or for any other person (art.2421 of the CC RM), as well as the act of betting on a sporting event or any other event that involves betting, or to inform others about the existence of an agreement on tricking that event with the intention of getting them to participate in that bet, made by a person which does not certainty know about the existence of an agreement about tricking that event (art.2422 of the PC RM), cannot be qualified in the content of norms that establish criminal liability for passive corruption (art.324 of the CC RM), active corruption (art.335 of the CC RM), influence peddling (art.326 of the CC RM), bribery (art.333 and 334 of the CC RM). This is due to the fact that the above-mentioned norms have different scopes. In order to ascribe a criminal offense to the category of corruption crimes, it is necessary for such an offense to have the defining characteristics of corruption, namely: to affect the normal exertion of the function; to imply usage by the subject of acts of corruption or acts of corrupt behaviour of his official position; to be manifested through requesting, receiving or accepting, directly or indirectly, for himself or for another person, undue material benefits or advantages; to be able to express itself through illegal promising, offering or giving of such undue benefits or advantages to the subjects of acts of corruption. Therefore, the criminal offenses set forth by art. 2421 and 2422 of the CC RM do not have the defining characteristics of corruption, as their individual traits set them apart from corruption crimes. Also, it is shown that the same conclusion results from the text of the Council of Europe Convention on the Manipulation of Sports Competitions of September the 18th, 2014, as well as from the statutes of certain sports organisations that regulate disciplinary liability for violating sports ethics. Finally, it is emphasized that the concept of ascribing crimes concerning manipulation of an event and arranged bets is not substantiated and shall be relinquished.

202-210

Authors: Vitalie STATI, Denis BĂBĂLĂU

In this study there are analyzed both the factual basis and the legal basis of the penal liability for the offences crimi¬nalized in art.241 PC RM. There are also established the features of the legal object and the immaterial object of the offenses referred to at art.241 PC RM. It is argued that the concept of "entrepreneurial activity", applied in art.241 PC RM, has the same meaning as the concept of "entrepreneurial activity", applied in art.1 of the Law on entrepreneurship and enterprises. It is established the form and the contents of the prejudicial act specified in art.241 PC RM, according to the provisions of lett.a)-d) art.125 PC RM. It is argued that the qualification of the offence of illegal performance of entrepreneurial activity without a license under art.241 PC RM (in conjunction with lett.b) art.125 PC RM), would mean nothing but the application by analogy of the penal law, which is prohibited by par.(2) art.3 PC RM. There are pointed out the features of the consummation phase of the offences referred to at art.241 PC RM. It is substantiated that the purpose of the offences set forth in art.241 PC RM is the purpose of ensuring a permanent source of income. There are established the cases within which the subject of the offences under art.241 PC RM has a special quality. Last but not least, there are clarified the delimitation criteria between the offences specified in art.241 PC RM and the offences under art.190, art.2411, art.244, art.2441 and other articles of the Penal Code.

222-230

Authors: Vasile SOLTAN

This paper analyzes procedural guarantees regarding pre-trial detention which is intended to be an exceptional measure of last resort, when all other measures are insufficient. Thus, there a several guarantees established by art. 5 of the European Convention of Human Rights (ECHR) for the accused people when they face pre-trial detention. The central requirement is a reasonable suspicion that the person has committed a crime and defendants pose a substantial risk of flight, a threat to the safety of the community, victims or witnesses, or a risk of hindering investigations. Also, every one arrested or detained shall be brought promptly before a judge and shall be entitled to trial within a reasonable time or to release pending trial. Unfortunately, the European court has found that judges sometimes relied on unlawful grounds, such as exclusive or primary reliance on the nature of the offences or reasoning was often formulaic and did not engage with the specific evidence in each case.

241-246

Authors: Artur TARLAPAN

By regulating the possibility of exercising the subjective mortgage right under the mortgage contract invested with executory formula, our legislature intended to simplify the procedure of tracking the mortgaged asset and satisfy the secured obligation, in the interests of security and stability of credit relations. At the same time, the legislature did not take in account the need to protect the interests of the debtor.

259-263

Authors: Carolina BUDURINA-GOREACII

During the totalitarian communist regime in the USSR the State violated the sovereignty of the people and the time that followed the collapse of the communist regime was marked by significant changes in the status of the individual and the Moldovan society in general. At the same time, it was necessary to create informal, autonomous and independent structures in order to defend the rights of citizens and to provide more freedom of decision-making in local public affairs. In this context, building civil society was only possible through the efforts of all non-state actors, and the increasing of citizens’ capacities in community. The issue of civil society began to be actively discussed in our country, especially with the recognition of the Republic of Moldova as a subject of international law. Premises of establishing the civil society were closely related to socio-political situation, economic development, creating the legal framework and citizen perception on the country's democratization. All these issues will be examined in this article.

275-281

Authors: Aureliu SINDILA

Chinese New Diplomacy has emerged as a vector in the Asian region first, where it has achieved a considerable visibility. This paper aims to describe the model of the Chinese New Diplomacy, while analyzing its elements and profiles. Taking into account the remarkable influence and the newly centered desires, a fresh era in the Chinese foreign policy has stepped out. This work assembles some views from inside of China, making it more valuable for foreigners, who, in my opinion might be very easily biased by different state and non-state actors from abroad.