Studia Universitatis Moldaviae. Stiinte Sociale

3

Authors: Ludmila DUMNEANU, Mihai ŞTEFĂNOAIA

This article classifies the regulations on human trafficking offences in the laws of Albania and Germany among the laws that incriminate separately the acts of: trafficking of male adults; trafficking of female adults; trafficking of minors (traf¬ficking of children). The juridical-comparative analysis of the norms that carry the liability for the offences on hu¬man trafficking in the Penal Laws of Albania and Germany is referred to the differences with the provisions from art.210 and 211 PC Rom from 2009 and art.165 and 206 PC RM from 2002. Therefore, the subject of analysis is: the content and form of the adjacent act of the prejudicial act; the forms of prosecution and punishment, the liability for the offen¬ce; the dif¬ferentiation of the purpose of the offence; the conceptual differences of the notion human trafficking in the Penal Code of Albania from 27.01.1995 and the Penal Code of Germany from 05.15.1871.

3

Authors: Iulia BĂNĂRESCU

The principle of confidentiality of the will comes to achieve the proper disposition of the testator wish with respect to his property for cause of death, which is specific only for testamentary succession. Through its legal essence, aims to impose some obligations to the persons who under the law, participated in the preparation, modification or revocation of the will, to keep this secret until the opening of testamentary succession.

4

Authors: Diana MORARU

This article follows the topic of TV audience in the Republic of Moldova and the consequences of the television’s con¬tinuous evolving process. The author begins the inquiry by highlighting the changes of the television and its current in¬fluence on the public opinion. Further on the analysis focuses on the two main types of television subscriptions: free and pay-to-view. The situation in the Republic of Moldova concerning this matter is described by a continuous increase in preferences and thus an increased focus on customized pay-to-view subscriptions. With such a reality the TV subscriptions evolve into more complex ones, with a much broader spectrum of TV programs for a diverse audience. The author concludes with an analysis of the future development of TV programs and its audience.

5

Authors: Nelly ŢURCAN, Mariana HARJEVSCHI, Natalia CHERADI

The paper represents the results of the qualitative research that has been conducted within the Building Strong Li¬bra¬ry Association project, implemented by the Librarians Association of Moldova (LAM) in partnership with the In¬ter¬na¬tional Federation of Library Associations (IFLA) and with the support of Novateca. The aim of the study was to eva¬lu¬ate the involvement of association members in action and structures of LAM. The research has involved several focus groups, attended by librarians from 17 districts of the Republic of Moldova.

5

Authors: Augustina BOLOCAN-HOLBAN, Mihaela VIDAICU

Narcotic or alcoholic intoxication is considered a factor that determines and influences the criminal behavior of the per¬petrator. In this context, the criminal law theory and the jurisprudence establish specific conditions for application of this status as mitigating or aggravating circumstance for the criminal liability. Criminal law of different states pro¬vides specific types of intoxication, as well as means to distinguish intoxication grading scales and its impact on ap¬pe¬a¬ran¬ce and accomplishment of the criminal intent. The main aim of this article is to analyze the influence of intoxication on criminal liability of the perpetrator in different jurisdictions and the way to establish his/her culpability.

6

Authors: Adriana ARNĂUT

The article focuses on pointing out how the collaboration between the Government of one state and the civil society from that country can foster the sustainable development. In the first part of the article, the author analyzes the involvement of the civil society in sustainable development, in¬clu¬ding in the Republic of Moldova. It reviews how any domain, including sustainable development, can benefit from the active involvement of the citizens as individuals or legal entities, NGOs or groups of interest. In the second part of this paper, the author describes how exactly the Government is involved in promoting sus¬tain¬able development at national and international levels. The pluses and minuses of the Government’s activity in this do¬main are thoroughly analyzed. The author comes with her own proposals of improving the legislation and/or its application in order for the tran¬si¬tion to a sustainable development to be smooth and with fewer sacrifices from the population.

6

Authors: Влад МАНЯ

The basic purpose of the present study consists in the elucidation of the legal nature of the forfeiture of estate as well as determination of its place outside the system of compulsory penal measures. In order to obtain this scope the author has analyzed different points of view which are met in the modern penal doctrine regarding the determination of the le¬gal nature of the forfeiture and the procedure of confiscation. Finally, there is demonstrated the preventive role of the for¬feiture which is directed to the elimination of the consequences of the criminal offence and its prevention for the fu¬ture as well as had demonstrated that the institution of forfeiture outside the Substantive Criminal Law.

7

Authors: Natalia CHERADI

The article is on the typology of library services; it analyzes the classifications given by different authors and proposes a classification, making at the base the most important features of services for users. The primary tasks are to implement fee services: the adoption of the nomenclature of services for different types of library; determining users’ needs and possibilities of the library to provide services for a fee; developing the methodology of calculation of tariffs; or¬ga¬ni¬zing of the economic training of librarians.

7

Authors: Iulian RUSU

This paper discusses the freedom of movement of citizens of the European Union from the perspective of non-dis¬cri¬mination, reviewing the relevant provisions of the Treaty on the Functioning of the European Union, secondary le¬gis¬la¬tion such as Directive 2004/38/EC and Directive 2003/86/EC, the case-law of the European Court of Justice on ci¬ti¬zen¬ship, including the recent decisions of the Court on citizenship, freedom of movement of the EU citizens, the limits of this freedom, as well as the recent interpretation of the provisions of article 20 of the Treaty on Functioning of the Euro¬pean Union. Issues such as positive discrimination of the EU citizens who use their fundamental freedoms, especially the free¬dom of movement of persons versus EU citizens who do not use those freedoms are analysed. Additionally, the area of ap¬plication of the EU citizenship legislation, double citizenship and the right to family reunification of EU citizens who have not exercised their fundamental freedoms when their family members are non-EU citizens is also analysed.

8

Authors: Stela BOTNARU

In the framework of this scientific research there was effectuated a profound analysis of the state of intoxication as a re¬sult of alcohol or other drugs from the criminal law point of view. Especially, there was explained the legal nature of the physiological intoxication both the psychiatric disorders appeared on the ground of alcohol or drug consumption, as a form of general or partial psychiatric defenses of the person who committed a criminal offence. By means of different scien¬tific methods the author has performed a new approach of the intoxication which contributed to the creation of a new original concept regarding the peculiarities of the persons who had committed criminal offences under the alcohol or drug intoxication. In order to confirm proper position, the author effectuated a multidisciplinary scientific approach (cri¬mi¬nal law and psychiatry). As a result, there were suggested several explanation which ought to be implemented for the ju¬dicial practice.

8

Authors: Лилия ГЫРЛА

The purpose of the present article constitutes the analysis of criminal legal norms of medical deficiencies which are con¬tained in different sources of law, which had become the precondition of development of the modern legislation in the domain of legal protection of the patients’ right to competent and opportune medical assistance. There were applied dif¬ferent methods of research: the historical; the dialectical; and the method of analysis and synthesis. Being in¬ves¬ti¬ga¬ted a great deal of precedent and modern criminal legal norms there was performed a comparative research of pu¬nish¬ment for medical deficiencies. There were obtained several conclusions that are important for the modern penal doctrine and empirical activity of the law enforcement authorities.

9

Authors: Aurelian LAVRIC

The problem of the North-Western Moldavia (named later on, by the Austrian occupants, Bukovina) emerged within the European geopolitical space in 1775, when the territory has been annexed by the Habsburg Empire. However, be¬fore that moment, the Northern part of the future Bukovina (Şipeniţ district) was disputed by Poland and Moldavia Yet, the Polish-Moldavian border was clearly established, including the Northern part of Bucovina (wanted by Poland) within the Moldavian Principality. The Austrian emperor and administration used a few motivations for the annexation of the North-Western Moldavia: 1. the imposition of a cordon against the plague ("which burned down long time before in Moldavia"); 2. "the need" to annex "a strip" (in reality, two big districts were annexed) from the territory of Moldavia for the construction of a road linking Transylvania with Galicia; 3. the historical rights of the Pocuţia (i.e., Galiţia), which have come in possession of Austria, on the North of Moldavia (Şipeniţ County). Some of the real reasons of occu¬pation were: 1. "insatiable hunger for new territorial acquisitions; lust for the expansion of the Empire and seizing new territories bringing profit; 2. to compensate for the loss of another territory – Oltenia – in this case, with the North-Western Moldavia; 3. a desire to have a strategic area to be pursued in a subsequent expansion in Moldavia and Wallachia, respectively in the Danube region and in the Eastern Balkans. As in June 1940, the Soviet authorities have linked the issue of Bessarabia with the issue of Bukovina, I believe that the problem of Transnistria (Moldova) should be viewed in connection with the issue of ethnic Romanian Community territory of Northern Bukovina (now in Cer¬nă¬uţi region). A solution for the problem of the Romanian community in Northern Bukovina is possible by the passage of muni¬cipalities inhabited by Romanians from Northern Bukovina to Republic of Moldavia, in return for passing several areas with villages and towns populated by Ukrainians or Russian speakers from Moldovan Transnistria to Ukraine.

9

Authors: Sergiu CRIJANOVSCHI, Sergiu SUVAC

The basic purpose of the present study consists in the detailed explanation of the precedent law in Romania in the mur¬der cases. In order to obtain this purpose the authors have submitted to an examination not only the doctrine opi¬ni¬ons which exist in the modern penal literature, but also there were put under justifiable criticism some judicial decisions for¬mu¬lated on selected cases of murder. In the realm of this study the authors have identified the circle of the most actual and dis¬pu¬table questions linked with the empirical getting to use of several legislative rules regarding the intentional mur¬der, as well as have found solutions on the most disputable and hypothetical problems which persists in the domain of Criminal Law. Due to the comparative research of the 33 murder cases form Romania there was obtained a sub¬stan¬tive baggage of the conclusions which are deemed to improve the judicial practice of the Republic of Moldova on mur¬der cases.

10

Authors: Любовь БРЫНЗА

In the realm of this article there was performed an attempt of the causal relationship overall explanation in the Sub¬stan¬tive Criminal Law. In the capacity of the scientific method there were used the dialectical method, the method of ana¬lysis and synthesis, the historical method as well as the method of legal comparison. The author has submitted to me¬ticulous analysis different theories of causality, As a result there were the fundamental rules of qualification. More than it, the correlation between the causal relationship and culpability was studied and demonstrated.

10

Authors: Cristina PANFIL

The purpose of this article consists in the detailed explanation of the concept of criminal responsibility of the minors by means of several disciplines (law, psychology, sociology, psychiatry) concerning aspects of chronological, cognitive and psychological and social immaturity. The problem of responsibility was treated through the categories of ‘com¬pe¬tence’, ‘autonomy’ and ‘capacity’. During the process of investigation, author performed a rigorous breakdown of the foreign sources of modern doctrine, as a result, there were synthesized the most prominent points of view and outcomes of investigations in the domain of criminal liability of the minors. More than it, there was effectuated the examination of standards applied in the judicial practice of the foreign states, as well as of legal norms form their penal legislation. As a re¬sult, there were formulated some conclusions able to be implemented in the penal doctrine of the Republic of Mol¬do¬va and in the national judicial practice.

11

Authors: Stela BOTNARU

The main purpose of this scientific research constitutes the evaluation of positive experience in the mans¬lau¬ghter and murder cases examined by the judicial instances of the Republic of Moldova. As a result, there were synthesized se¬ve¬ral conclusions of great importance seemed to bee useful not only for the judicial prac¬tice but also for the legal doc¬trine of the Republic of Moldova. The purpose mentioned above has been achie¬ved by mean of examination of penal de¬cisions adopted by the Supreme Court of Justice of the Republic of Mol¬dova between the periods of 2008-2013, as by for¬mulation of some new and clear concepts designed for the further explanation of the diminished capacity in criminal cases of manslaughter and murder and other forms of homicides.

12

Authors: Vitalie STATI

This article aims to investigate the offences referred to at art.243 "Money laundering" from the Penal Code. It is re¬vealed that at lett.b) par.(3) art.243 PC RM is recorded not an aggravating circumstance of the offence specified at par.(1) art.243 PC RM. In fact, at par.(1) and lett.b) par.(3) art.243 PC RM are provided independent offences. These offences can find each other in competition between themselves. There are identified specific differences which allow the dissociation of the offences referred to at art.243 PC RM from the offences specified at art.199 "The acquisition or com¬mercialization of goods known to have been obtained by criminal activity" and art.279 "Terrorism financing" from the Penal Code. It is argued that the same person can accumulate both the quality of subject of one of the offences spe¬ci¬fied at art.243 PC RM and of subject of the previous (main) offence. The analysis contains mentions to relevant na¬tional court cases and to international instruments in domain.

14

Authors: Лилия ГЫРЛА

The purpose of the present article consists in the definition of conditions and limits of the Criminal Law towards the me¬dical malpractice. In the realm of this scientific research, the analysis of medical mistakes was performed in the base of different points of view met in the penal doctrine and forensics; also, there were examined medical mistakes of two types such as mistakes from good faith and mistakes form bad faith. There was argued that the criminal offences com¬mit¬ted by the medical workers constitute medical mistakes from bad faith and punishable by law. The systematization of medical malpractice provided in the modern criminal legislation was performed. Also, the differences between pro¬per and improper medical assistance were submitted to a detailed explanation.

19

Authors: Sergiu BRÎNZA

The object of this investigation are the most relevant theoretical and practical aspects of the offence of murder com¬mit¬ted in the state of affection (art.146 PC RM) and infanticide (art.147 PC RM). Both analyzed offences are committed through murder. In addition, they are similar by the reduced responsibility of the perpetrator. However, apart from simi¬la¬rities, the offences under art.146 and 147 PC RM are characterized by certain specific differences with regard to the victim of the offence, the time of perpetration of the offence, the emotional peculiarities of the subject of the offence and the subject of the offence. Covering multiple examples of judicial practice, this study has the following theoretical bench¬marks: the special legal object; the material object; the victim; the contents of the prejudicial act (action or inac¬tion); the prejudicial consequences of the offence and the causal linkage; the other signs of the objective side of the offence; the indication of the composition of the offence by it’s outcome (the material composition); the consumption of the offence; the form and type of guilt; the motive and purpose of the offence; the emotional state of the subject; the ge¬ne¬ral and special conditions of the subject.