Studia Universitatis Moldaviae. Stiinte Sociale

3-13

Authors: Sergiu BRÎNZA, Vitalie STATI

The purpose of this article is to analyze the effects of the adoption of Law No.201/2016, Law No.83/2017, Law No.119/2017, Law No.141/2017 and Law No.164/2017 on certain rules from the Special part of the Penal Code. It is concluded that the changes, made by Law No.201/2016 to the Special part of the Penal Code are justified. Firstly, these changes are in line with the rule set out at lett.e) art.19 of Law No.780/2001, as well as at lett.c) par.(1) art.54 of Law No.100/2017. Secondly, the phrase “physical or mental disability” (which was used before the entry into force of Law No.201/2016), associated with the term “disabled”, may have stigmatizing connotations. Such terms and phrases should not be used in the Penal Code. In another context, it is considered opportune to complete the Penal Code with art.2012, par.(21) art.2791 and art.2793. The adoption of these new rules will contribute to the more effective protection of the social relations regarding the development of the minor and respectively, the social relations regarding the prevention of terrorism-related activities. In this study for the first time are analyzed the constitutive elements of the offences stipulated in art.2012, par.(21) art.2791 and art.2793 PC RM. In the final part of this investigation, there is analyzed the conflict between Law No.141/2017 and Law No.164/2017, generated in this case by the legislator's inadvertence. Resolving this conflict involves the following solution: it is not Law No.141/2017, but Law No.164/2017 that has produced its effects on par.(2) art.248 and par.(1) art.2641 PC RM.

22-29

Authors: Mihail GHEORGHIȚĂ, Florin Ilie LICĂ

It is known that the investigation of criminal facts, tax evasion included, is always highly situational. Criminal pro-secution appears as a set of real conditions and situations in which law enforcement authorities act at a particular point of specific case investigation. These conditions and circumstances are determined by a set of objective and subjective factors that exercise or are capable to exercise essential influence on the direction, path and outcome of the investigation.

35-44

Authors: Andrei NEGRU, Oleg CHICU

The term responsibility is one of the most significant words in the field of justice and law and is largely researched in legal doctrine. A great number of definitions and explications of the mentioned term given by specialists in law are examined in the present paper, the aim pursued being to emphasize the differences between responsibility in the meaning of accountability (as an obligation to answer for an act done and to repair any injury it may have caused) and the responsibility in the meaning of conscious and assumed attitude towards a lawful activity. The first one is specific to the realization of imperative legal norms (mainly found in public law) and the second one – for the realization of permissive legal norms (mainly found in private law). In the latter case the private subjects’ initiative is decisive. The scientific approaches in the present work are not limited in enumerating relevant definitions given by autochthon and foreign authors but also represent a complex investigation of the concept of legal liability, by different methods: the analysis, the synthesis, the logics, the comparative and the systemic methods. In such a manner the authors propose their own definitions and submit the most important characteristics of legal accountability, the principles specific to this legal category and elaborate original conclusions, based on theoretical and practical issues and on own argued appreciations.

51-64

Authors: Лилия ГЫРЛА

The subject of the present research is systematization of the psychological portrait of the person who commits religiously conditioned crimes in the realm of criminological prevention and prognosis. The purpose of this scientific article is the definition of theoretical basis of well-timed criminological prevention and prognosis of religious criminality by means of psychological peculiarities of the person who is involved in some destructive religious cults and who com-mits criminal offences and other social dangerous acts because of this reason. There has been analyzed the personality of the religious offender as well as there have been concretized methods of religious crimes prevention on the micro-social level. Conclusions which have been formulated as a result of the research will contribute to the correct comprehension of motivation of the criminal offenders as well as other persons who commit harmful acts because of religious reasons.

74-79

Authors: Natalia ZAMFIR

This article aims to analyses the gaps of existing legislation, procedures, institutional system, the competence and responsibilities of the bodies in compliance with regulatory EU Directives in the area of managing air quality. The new Law on ambient air quality would facilitate strengthening legal regulation in the area through special provisions in the following aspects: to approve the list of zones and agglomerations throughout territory; to approve of measurement systems and ensure the accuracy of measurements for human health and environment protection; to establish the methods for managing air quality; to fortificate and improve the branch of legislative framework.

92-96

Authors: Edgar ROTUNDU

According to the Strategic Program for Modernization of Technological Governance (e-transformation), by 2020 the government will become more transparent, more efficient and more receptive due to intelligent investments in information technologies and their massive use in the public sector. Therefore, lately, an increasing emphasis is placed on the electronic procedure for customs clearance of goods and for information processing of the customs declaration.

110-120

Authors: Rodica BERDILO

Within this article, the author goes to great lengths to examine the concept of “acts of violence”, mentioned in art.146 PC RM, considering the following aspects: 1) the form of behavior – active or passive – of the victim that resorts to acts of violence; 2) the physical or psychological character of such violence; 3) the victim's psychological attitude to¬wards the committed acts of violence; 4) the (ill) legality of such acts, etc. In the context of the offence provided by art.146 PC RM, the victim’s acts of violence are achieved only through action and such violence can only have a physical character. The victim's psychological attitude towards the committed acts of violence, with regard to the offence stipu¬lated in art.146 PC RM, can only be described as direct intention. It is imperative that the victim’s acts of violence in the context of the offence in question must be illegal. The concept of “acts of violence”, mentioned in art.146 PC RM, involves more than just criminal violence. We cannot exclude the hypothesis of murder committed in a state of affection during an altercation (skirmish). The illegality of the victim's acts of violence, regarded as an obligatory condition for the application of art.146 PC RM, is relevant only if there is compelling evidence of the factual error, given that, the presence of this condition dictates the existence of the offence set forth in art.146 PC RM.

127-133

Authors: Serghei PALMA

The prescription period represents an important factor which should be highlighted in the process of analyzing deliberate insolvency crimes and fictitious insolvency crimes. The expiration of the prescription period as consequence of the omission of the prejudicial act and, namely, prosecution and trial of the perpetrator in the established period of time by the penal law, leads to the release of the person from the criminal liability. From these perspectives, sustained efforts are required to simplify the procedure and to determine the important moments which should be brought under the spotlight in the process of criminal prosecution and trial of the causes of deliberate insolvency crimes and fictitious insolvency crimes. Identifying the grounds that lead to the expiration of the prescription period, and gradually to the omission of the criminal liability, represents an important element for putting the guilty persons under the law and for defending the creditors’ rights involved in the process of insolvency.

142-148

Authors: Sergiu DODON

In doctrine, especially in judicial practice, one of the most complicated and tender problems is the way of repairing the moral or non-patrimonial damages caused by illicit deeds. Really, the admissibility of these damages and especially the ways to repair them now is one of the most difficult problem not only for legislator, but also for theorists and practi-tio¬ners. More than that, the current issue of repairing the moral damages caused by car accidents is also felt. To mention that in this sense, there exists a rich but still a contradictory jurisprudence created in recent years, through the development of the civil liability insurance system for damages caused by car accidents and with the evolution of the insurance legislation in the same field.

155-159

Authors: Serghei RUSU

Conflicts of laws as a key element of Private International Law impose the need to permanently determine the law that is applicable to the institutions of this branch of law. In private international law the law applicable to the assets is lex rei sitae. Determination of the law applicable to the assets is important for regulating the legal relationships with foreign element, or, depending on the law applicable to the assets, the content of the possession, property and other real rights over movable and immovable property, the realization and the protection of these rights are determined. Also, it is important to establish the scope and the limits of application of the lex rei sitae, which determines the elements of the real status and matters that are not governed by the law of the situation of assets.

171-175

Authors: Olesea MOISEEV

The quintessence of public information is marked by the complexity and increasing variety of the information requirements of society. Contemporary research discovers information as a dimension of existence and as an important resource of thinking, acting and implicitly of social life. The value of information can increase due to the organization of an effective information activity through which the message sent will reach the public in an operative and qualitative (undistorted) way. The involvement of the library in this process streamlines the organization of information and communication activities, raises the level of quality of the public information resources allocation and usage, facilitates and extends access to information of public interest. Thus, through their competencies, libraries can effectively contribute to reducing the crisis of access to public information serving as an alternative to the public information process. Valorizing the culture of access to public information would mobilize and catalyze social existence and competence.

181-189

Authors: Темель КАРААСЛАН

In article analyzes the main trends of the development of mass media and media education movement in the Republic of Moldova. Also the characteristic of the known non-governmental organizations leading Moldovan journalists and media ex¬perts are given. The main attention is paid to the problem of media education and media enlightenment in the Moldovan society.

197-208

Authors: Анатолий ТКАЧ

In the modern history of bilateral relations of the Republic of Moldova with the Russian Federation since the recognition of independence and establishment of diplomatic relations there has been more than 25 years. During this period, the nature of bilateral relations changed under the influence of internal political processes and foreign policy factors. The article analyzes the historiography of the Moldovan-Russian relations in the context of the processes of European and Eurasian integration, in the works of Russian and Moldovan researchers. The synthesis of the analyzed approaches demonstrate a common vision on both the existing problems in bilateral relations and prospects for their overcoming on the way of strengthening cooperation, and also the contradictions existing at the domestic and foreign policy level in Moldova and Russia.