Studia Universitatis Moldaviae. Stiinte Sociale

3

Authors: Ludmila DUMNEANU, Mihai ŞTEFĂNOAIA

This article classifies the regulations on human trafficking offences in the legislation of Slovakia among the laws that incriminate the offence on human trafficking for sexual exploitation, together with the act on trafficking of female adults, assuming that the two offences involve different situations. The analysis of the norms that carry the liability for the offences on human trafficking in the Penal Law of Slovakia 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 main and adjacent acts of the prejudicial act; the forms of sanctions and liability of the offence; the differentiation of the purpose of the offence; the explanation of the concepts referred to in the Penal Code of Slovakia from 11.29.1961.

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Authors: Nelly ŢURCAN, Mariana HARJEVSCHI, Natalia CHERADI

Article reflects the results of the study conducted within the Building Strong Library Association Project, implemented by the Librarians Association of Moldova (LAM) in partnership with the International Federation of Library Associations (IFLA) and with the support of Novateca Program in the Republic of Moldova. The study aimed to study the efficiency of LAM in terms of attitudes, visions of current and potential members of the professional association to strengthen institutional capacity building sustainable for professional association for librarians.

5

Authors: Stanislav COPEŢCHI

In the conducted study there are investigated the means and methods of influencing the victim of the offense specified in art.208 PC RM which is used by the offender to attract the minor to criminal activity, instigation to commit a crime or determine to commit immoral acts. It is concluded that in certain conditions, deception may be the method to influence the victim. It demonstrates that urge, and the giving of advice can not constitute such methods.

6

Authors: Aurelian LAVRIC

Sovereignty is the exclusive right to exercise supreme political and judicial authority of a nation, by the people chosen for this purpose, in a territory. The theme cost and benefits of yielding the sovereignty in the context of integration processes is topical for Moldova, which is in the process of European integration. Benefits arising from the yielding of a part of sovereignty, on the EU example, are the more welfare and the better safety in a common framework. Those for whom the safety and welfare are the supreme goals are now the most ardent promoters of the concept of a federal Europe. Is the sovereignty an acceptable cost compared to a benefit aimed at ensuring higher welfare and an enduring security? The evolution of post-war Europe shows that people tend receiving economic and security issues as important enough to justify the delegation of a significant part of their sovereignty to an interstate (or supranational) body. On the other hand, people tend to take a cost only when they feel directly related to it, either individually or by the community they identify with; people are not willing to accept costs from benefits or problems that concern only others.

6

Authors: Jacob RUB

The unique, primary characteristic of white-collar criminality is that the media does not report these crimes in full and in detail as they report about street crimes, as the amount of theft has to be high, the theft needs to be related to some scandal or the suspect has to be someone important. Most people also do not possess of the financial knowledge to understand these crimes. Additionally, white-collar criminality does not fit the stereotype of a real criminal despite the immense scope of the sums. In many cases, it is not possible to understand/identify the damage as it is divided by a large number of victims. The media solution can glorify events and design public attitudes main source of information about criminality for all the public. “The medium is the message”. Findings show that the bias in coverage, affects the 'perception' of risk by people. Creation of messages delivery is by creating a media agenda, public agenda, political agenda. White-collar offences must hold a key spot in the Israeli and Moldavian societies and their main expression is in the development of a culture that is defined as normative. The messages in the war against corruption must include a focused and targeted explanation like: “To the attention of foreign accounts owners”. This is one of the tools to assist in war against white - collar criminality. It is my claim that this tool will prove itself in campaigns when to turn its attention to white-collar crime, hoping that the current financial climate will change. Creation of a focused public awareness regarding the price each citizen pays, out of his own pocket, due to white-collar criminality by media campaign, will make possible to understand the damage as it is divided by a large number of victims, will contribute to reduction of white-collar criminality in the public sector. Another tool to fight against white collar crime is the informer. This is one of the tools to assist in locating white-collar criminality or the “justice line”. This tool has proved itself in various campaigns when citizens have reported instances of fraud and deceit, like in the UK .Using the help of opinion leaders like Michael Douglas the actor that had taken a part in campaigns. Operative actions are recommended to perform a campaigns pilot with 3 cities in each district in the state of Israel and Moldova for the duration of two years. Campaigns against corruptions have reached success in Chile, Hong Kong, New South Wales, Australia and Singapore.

7

Authors: Sergiu CRIJANOVSCHI, Alexandru ARHIP

The purpose of the present article constitutes the identification and analysis of the causes of discernment diminishing in the view of legal and psychiatric scientific literature of the West, as well as the synthesis of the most progressive ideas and solutions in the sphere of diminished responsibility. During the scientific investigation, the author had submitted to a detailed explanation the problem of diminished responsibility in the national penal doctrine and judicial practice in the penal matter.

7

Authors: Влад МАНЯ

The basic purpose of this article consists in the comprehensive analysis of the institution of forfeiture provided in the international legal documents. In order to achieve the traced purpose the author has submitted to a detailed explanation the most progressive aspects of the forfeiture of estate, there has been proved the necessity of the international prosecution of the estate obtained as a result of the criminal activity due to commission of the most serious crimes of international character. Finally, there was proved the necessity to adjust the national legislation of the Republic of Moldova to the international legal norms in the domain of forfeiture of estate.

8

Authors: Maria STRULEA, Dorina GUREV

Une recherche spéciale de la délinquance juvenile est la déviance de comportement des mineurs, un phénomène ayant des répercussions négatives tant pour la société et pour le destin ultérieur des mineurs. Ainsi, afin d'identifier des méthodes efficaces de lutte et de prévention de la délinquance juvénile est nécessaire d'examiner la question des comportements déviants des mineurs. Dans ce contexte, il convient d'analyser les signes et typologie des comportements déviants comme un outil pour identifier les mineurs qui ce trouvent parmi ceux qui ont un comportement deviant, avec la détermination des méthodes et des moyens de leur réhabilitation ultérieur.

8

Authors: Jacob RUB

This paper's subject stems from the desire and need to deal with the wide - spread and grave phenomenon of Dark of Crime offences by law offenders, from a constitutional-legal standpoint. Economic Crime in Moldova, as everywhere in former Soviet republics, has risen dramatically since the fall of the Soviet Union. There are about 300 criminal groups and 35 criminal families which control the economic, political and social per¬formance of the country. The monthly traffic of heroin alone is estimated at up to 150-200 kg, and the estimated number of drug addicts has risen from 3,000 to 60,000. Just in 1998, their number grew by 5 times in comparison to 1997. The annual volume of the drugs business in Moldova is estimated at $200-250 m, this figure exceeds annual direct foreign investment in Moldova by 3.5-4 times. Moldova has been transformed into a corrupt and kleptocratic state, with a mafiotic psychology and culture and an amoral nepotism. How else, if not through corruption and lobbyism. The problem of the non-payment of debts can be easily solved with criminal structures playing the role of informal courts, for 50% of the sum. Drug trafficking In addition, on the territory of Moldova there are four channels of drug trafficking. The legislation of Moldova does not even define the term “racket”, that no special measures are envisaged as regards crimes, and that there is no special system and measures adopted as regards the taxation of gambling for example. Certain legal provisions have become more constraining in Moldova. It is estimated that only 2-3% of the white-collar crimes are reported to the Israeli Police, because the handling of these offences is finalized inside the organizations and because crimes are sophisticated and hard to discover. Capital in Israel approaches the rate of 15% of the Gross Domestic Product. About the black capital – 40% of the Israeli public are involved in tax evasions, about 50 billion $ are in circulation in the black market. The damages of fraud criminality in Israel are at a rate of about 1 billion $ whereas the financial damage from scam offences is 24.1% of the total damage of about 3.5 billion $ and since 2001 the total damage of about 13.5 billion $. Israel and Moldova have made the first steps in order the need to cope with money laundering phenomenon. Thus, measures are required for both countries for the fighting with money laundering: Punishment by fine for perpetration in the Law is in order, to increase origin offences, report bar, entities obligated to report, concentrating entity of data pool expanding of the duties of Money Laundering Prohibition Authority as a regulator and with authority to assign fines, etc.

9

Authors: Svetlana CEBOTARI

The metamorphoses from the European space, the results from the collapse of the URSS, the NATO and UE to East, make the relations between the Russian Federations and the state from the south-east Europe to be present in the po¬¬litical Russian-Europian dialogue. To the part of south-east Europian states the attitude enough resered from the part of Russian Federation is conditioned from the not so far past, the undetermined future, and the suspicious of the neo-im¬perialist intentions of Russia. The democratic Revolutions from the South-East European states caused ra¬di¬cal trans¬for¬mations, so in the interior of the (area and the economic-commercial relations between Russia and south-east Eu¬ro¬pian countries, relations characterized and based on pragmatism. European states caused radical transformations, so in the interior of that (especially in Poland, the Czech Republic and Hungry). The present article analyses the geostrategic interests of the Russian Federation in South-East European area and the economic-commercial relations between Russia and south-east European countries, relations characterized and based on pragmatism.

11

Authors: Natalia SUCEVEANU

Protection of personal data more than ever constitutes a subject matter referred to the topicality in the context of law of the European Union. The judgment issued by the Court of Justice of the European Union (CJEU) on 8th of April 2014 in two joined cases (C-293/12 and C-594/12 Digital Rights Ireland Ltd v Minister of Communications, Marine and Natural Resources, Minister of Justice, Equality and Law Reform, Commissioner of the Garda Siochana, invalidated the Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks. Albeit the Court of Justice estimates that the retention of certain data which are generated or processed by providers of publicly available electronic communications services or of public communications networks can represent an useful tool against serious crimes, such as terrorism, it also establishes that, this data retention represents a wide-range and particularly serious interference into private life, which even justified, is one disproportionate. Following the Court's invalidation of the Directive 2006/24/EC, as result of the infringement of the principle of propor¬tio¬nality in the light of the articles 7, 8 and 52 para. 1 of the Charter, Commission and the new European Parliament will be bounded to write back the Directive. The Court’s decision from 8th of April is a landmark judgment for the human rights’ legislation. This decision is likely the most important judgment of the CJUE regarding human rights, in respect that is the first one, which invalidates a directive for the infringement of the human rights established in the Charter of Fundamental Rights of the European Union.

17

Authors: Vitalie STATI

This study provides a legal-penal analysis of the offenses referred to at art.257 and 258 PC RM. Among other things, it is argued that nor the certified technical responsible, or the specialized consultant cannot be the perpetrators of the offense under par.(1) art.257 PC RM. Eventually, the certified technical responsible and the specialized consultant may incorporate the quality of accomplices to the present offense. It is also concluded that, by lett.a) par.(3) art.257 PC RM, the degree of loss of the working capacity does not affect the classification of the offense. That can only count at deter¬mi¬ning the punishment. It is revealed that, by the offense specified at art.258 PC RM, the worsening of housing condi¬tions of other owners or tenants (other than the offender’s) is reflected in the fact that the safe indices on residence exploitation, persons hygiene and health, thermal or water isolation, protection against noise etc. do not meet the acceptable norms.

18

Authors: Vitalie STATI

This article is dedicated to the penal law analysis of offenses referred to at art.248 and 249 PC RM. Among other things, it is determined: 1) if the perpetrator manufactured and/or possesses the inauthentic statement – with the intention of it submission to the customs authority – we are in the presence of preparing of the one of the offenses referred to at par.(1)-(3) art.248 PC RM; 2) if the perpetrator manufactured and/or possesses the inauthentic statement, then hereinafter presents it to the customs authority – we are in the presence of any of the consumed offenses referred to at par.(1)-(3) art.248 PC RM. It is also revealed that the provision under let. d) par.(5) art.248 PC RM is complementary only with the provision under par.(1) art.248 PC RM. Concerning the case of the offenses specified at par.(2)-(4) art.248 PC RM – regardless of the number, quantity or proportions characterizing those entities – the liability will apply under one of those paragraphs. This interpretation emerges from the rule set at par.(2) art.3 PC RM, under which the broad disadvantaged interpretation of the penal law is forbidden. Another argument would be that, there are much to different (and, therefore, generating confusion) the criteria for determining the number, quantity or proportions of the various entities that form the material (immaterial) object of the offenses referred to at par.(2)-(4) art.248 PC RM.