Studia Universitatis Moldaviae. Stiinte Sociale

03-09

Authors: Anastasia OCERETNÎI

One of the sources of data for qualitative researchers is the transcript, which is less theorized in the literature. The information contained in the transcript influences further analysis, is therefore required special attention to the system of notation and the types of behaviors transcribed. In the article are presented the differences between taking notes and transcribing the conversation, with a particular emphasis on the types of notes and transcript that can be used in social research.

17-13

Authors: Georgeta STEPANOV

Defining journalism as a social activity in Moldova requires an overview, on multi-faceted and transdisciplinary approach which will identify premises of occurrence historical and social context in which it was stated and to combine the major features and to gather most of the characteristics and peculiarities of its – Which is very important thing in the context of shaping a new model of journalism – social journalism.

29-34

Authors: Mihail CREŢU

This article is a reflection of the ways through which we better understand how the representation and participation of migrants in the world of media (traditional and new) looks or may look. Next, I set myself the goal to present the multitude of media available and their different roles as elements in a complex and interconnected media world. Also, the article sets forth a number of models of opportunities towards the facilitation of participation, free speech and dialogue in the media by accepting the cultural diversity of global societies. Specific to any community when it comes to minorities, media are the institutions that must bring together the majorities and minorities as parts of the same community, to establish the connections and communication between various groups, to reflect on the opportunities and challenges to live in a diverse world as a whole, where anyone can be accepted as individual. This system of communication on many levels is imperative towards the development and existence of public acceptance and respect for individuals and minority groups, accepting them as members of communities and citizens with full rights.

41-59

Authors: Sergiu BRÎNZA

The analysis performed in this article covers the legal-penal characteristics of the offences specified in art.164 and 166 PC RM. It is argued that, with regard to the offence specified in art.164 PC RM, the physical constraint may result in: 1) intentional grave, ordinary or easy battery or health harm; 2) violence without any health harm. Further, it is shown that any of the types of weapons mentioned in Law on weapons and ammunition destined for civil usage can be applied as means of committing the offence referred to at lett.g) par.(2) art.164 PC RM. Or, the legislature did not set any limitation on the types of weapons that can be applied to for abduction. It only matters that the weapons could be used to annihilate a person. Finally but not least, with regard to the offences referred to at art.166 PC RM, it is revealed that, whilst the Republic of Moldova is confronting with the separatism phenomenon, the restriction of the person’s freedom is illegal also when is exercised by the unconstitutional authorities controlling the east of the country.

67-81

Authors: Mihaela BOTNARENCO

The purpose of this article is to analyze the object of the sexual harassment. Inter alia, the author defines the notions of sexual inviolability and sexual freedom as well as identifies the specific situations when these social values and related social relationships are protected by the criminal law. Moreover, the author makes a thorough analysis of the secondary legal object of this crime in connection with main and secondary acts included in the objective side of sexual harassment.

88-91

Authors: Anatolie BĂNĂRESCU

The investigation deals with the institution of enforcement which is a process, a consecutiveness of material acts and facts regulated by the positive law, headed for their transposition into objective reality of the device of the judicial decision capable of execution. The enforcement is the last phase of the civil process and one of the forms of civil action.

96-104

Authors: Igor CIOBANU, Narciza NEDELCU

This article produces clarity in the use of terms causality, causal link, the cause and effect of the causal link in the field of determinism of causality. Within the research of the objective side signs of the component of the offence, the penal law operates exclusively with the concept of causal link. In the relevant scientific literature it is also used the notion of causality, but without any obvious and clear delineation from the concept of causal link and frequently as it contextual synonym. Within the article it is concluded that for exclusive practical activity the use of the causal link concept is sufficient and fully justified. However, with regard to the empirical and theoretical study of penal law restricting the entire causality to solely the casual link is inadmissible: by analyzing these concepts it becomes clear that they do not coincide in content and as a result their importance is different as well. Next, it is determined that the correlation of the concepts of causality and causal link is reflected through subordination, which places causality in a hierarchical superior category. At the same time, the concept of causal link draws our attention to one of its internal processes, on the relationship between two elements – the cause and effect – which underlines the existence of the model consisting of three components: the cause – the causal link – the effect (the consequence).

110-115

Authors: Stanislav COPEŢCHI

Within the undertaken study is being investigated act of attracting minors in criminal activity, as an alternative prejudicial act provided for in art.208 PC RM. It is argued that attract minors in criminal activity must be delimited by instigation of minors to commit crimes, which does not always take place in the judicial practice.

127-132

Authors: Ludmila DUMNEANU, Mihai ŞTEFĂNOAIA

This article is dedicated to one of the most exciting topics within the doctrinal view of the world, namely human trafficking. The study aims to intervene with a general representation and analysis of the scientific research carried out on this theme, which were conducted by the following authors: С.Г. Кирие¬н¬ко; Б.У. Сейтхожин; М.Ю. Буряк; A. Vilks; Н.И. Ретнева; Л.Ю. Егорова; Jill E.B. Coster van Voorhout; T.Olujuwon; Д.А. Душко; A.Gutauskas. As research support of the scientific research carried out on this theme was the penal legislation of different countries. Within this analysis a special attention is given to the following articles: art.149 „Human trafficking and other illegal transactions related to transferring a human being” the Penal Code of Ukraine from 05.04.2001; art.133 „Trafficking of Minors” the Penal Code of Kazakhstan from 16.07.1997; art.181 „Human trafficking” the Penal Code of Belarus from 02.06.1999; art.152 „Trafficking of Minors” the Penal Code of the Russian Federation from 24.05.1996; art.147 „Human trafficking” the Penal Code of Lithuania from 26.09.2000; the Decision Framework of the Council of the European Union from 19.07.2002 to combat human trafficking; and other regulations related to the offence of human trafficking.

141-155

Authors: Vladislav MANEA

The basic purpose of this scientific article consists from the following elements: identification of the normative acts concerning using of the physical force, special means and fire-arms by the personnel of penitentiary institutions; analysis of the penitentiary legislation, as well as examination of several cases from the judicial practice and practice of criminal prosecution in the matter of abusive using of physical force and special means by the penitentiary personnel. The content of this article has an universal character being included not only analysis of some normative acts and several cases from judicial practice and practice of criminal prosecution, but also the useful conclusions, which are deemed to be promoted in the legal doctrine.

162-166

Authors: Svetlana PURICI

Presently the information protection issues relevance has increased particularly due to a sharp increase of the role and importance of information in the life of modern society as a whole and economics in particular. A new type of law infringement – cybercrime – has spread widely. It is worth to mention that the present European legislation on information is still at the development stage; for this reason much work should be accomplished to eliminate the shortcomings and defects. The legal protection of information provision depends on the type and character of the information carriers.

175-184

Authors: Victoria RAILEAN

In the realm of this scientific article the author has effectuated the comparative analysis of the legislative novelties concerning recidivism in theory and Romanian judicial practice. As a result of this study, there have been obtained useful conclusions for the modern legal science of the Substantive Criminal law of the Republic of Moldova. In order to achieve this purpose, the author has performed the analysis of the Romanian doctrine in the matter of recidivism as well as the synthesis of the Romanian judicial practice. Recidivism does not constitute the aggravated circumstance but the general cause of justifiable aggravation of the offender’s appreciation, because the last one had manifested an antisocial behavior by commission of a new criminal offence. Recidivism is considered to be a cause of personal aggravation and not real one, because it doesn’t depend of a legal circumstance of the act and conditions of its commission but of the perpetrator’s personality. Recidivism doesn’t possess a stable notion but a conventional one, which directly depends of the actual concept of the criminal code, judicial appreciation and penal doctrine.

189-193

Authors: Jacob RUB

In mine study I will deal with money laundering as a leading factor in white-collar criminality. The purpose of the present study and the guiding line in this article is to legislative upgrade of white-collar criminality fighting that might be of great importance as we intend to plan the policy of reduction of money Laundering criminality in Israel and Moldova. In order to deal with mine research subject I will express the lookout which I have conducted over a period three years and have included public sector tenders, with the CFE (Collection for the Environment) Recycling Corporation in Israel. It has been found white-collar criminals are usually conventional people who deal with rises or opportunity that leads them to transgress the border temporarily and perpetrate a crime, and it is likely that they would be affected strongly by the punishment process. Therefore the outcome of the study is to produce the necessary steps to reduce the phenomenon of money Laundering crime in Israel and the Republic of Moldova. In order to obtain this purposes and the author has performed some new steps to upgrade and supplement the Law with subjects as: Punishment Origin offences Entities obligated to report, Expanding of the duties of Money Laundering Prohibition Authority as a regulator and with authority to assign fines, etc. Those practical frameworks are necessary steps to reduce the phenomenon of Money Laundering in Israel and the Republic of Moldova by constitutional - legal standpoints.

200-204

Authors: Victor SÎRBU

In the realm of subjective side of the criminal offence (the element of Mens Rea) not only the item of culpability must be established, in such a manner the legislator explicitly or implicitly institutes also respecting of other substantial requirements which fulfillment is necessary for Mens Rea. A relevant example constitutes the criminal offence of hooli¬ganism. Despite the fact that the legislator has provided in the disposition of the article 287 CC RM the hooligan reasons as the internal causes of the criminal misconduct, they are flowing from the material element of the criminal misdeed, and logically the hooligan criminal reasons must constitute the object of proof in the realm of criminal proceeding. By contrast, in the practice of criminal prosecution as well as in judicial practice often the juridical reality is negated, more than it, the procedural acts of the legal professionals contains the indication that the act of hooliganism is committed without any motive. As a result, this scientific study which is based on theory and practice of hooliganism offences, the author tries to eliminate the stereotypic vision by means of a complex criminological, psychological and legal research. At the same time, there is proved that the hooligan criminal reasons by their nature are not compatible with other reasons which can provoke the criminal misconduct.

225-230

Authors: Artur TARLAPAN

This article aims to rally the traditional view on the object of the mortgage legal relationship to a scientific concept, based on the perception of the social nature of duties to which the property right is subjected, when other real rights, such as the mortgage right, are established.