Studia Universitatis Moldaviae. Stiinte Sociale

03-08

Authors: Georgeta STEPANOV

The identification process of framework development in social journalism from Republic of Moldova is important by determining the functions and the role of social journalism in the context of local media. Furthermore, this gives research opportunities current potential of print media who reflect the social issues and its development trends, which allows the implementation of some media strategies, which has goal to optimize the impact and effects of social journalism in Moldovan society.

13-17

Authors: Natalia EREMIA, Svetlana CEBOTARI

This article contains some important reflections on the current issue because energy is a fundamental strategic sector on which depends the evolution of the national economy as a whole and at the same time the security of the Republic of Moldova. Currently, the Republic of Moldova cannot fully ensure its energy security, because it is mostly dependent on imports. This is the reality in the country’s energy sector, admitting the inevitable geopolitical situation and the indis¬pu¬table legacy that are on the ground of this reality. Authorities are forced to look for new solutions, such as: diversifica¬tion of imported sources and energy interconnection with other systems; attraction of investments; de-monopolize and liberalize the energy sector. All of these achievements will create a sustainable platform, which will contribute to making a new step in the development of the Republic of Moldova, characterized by an efficient control of energy consumption and by an efficient integration into the network of small-scale sources of generation, distributed. The Republic of Moldova must regain control over its own energy industries, particularly in the one of natural gas and electricity, which is a strategic branch for any country.

29-36

Authors: Timur LUCHIN, Cristina EJOV

In this article authors comprehensively analyze the internal factors and the geopolitical aspects of the Arab Spring. This phenomenon has seen the removal of numerous political regimes in its way, and it has had great impact on the political situation and democratic governance in the Arab world in particular, and the world in general. We highlight zone of interests, systems of alliance and regional geopolitical flashpoints in general, and the role of the U.S. as “prima player” in the region in particular. The Arab Spring led to regime change and democratic reforms, but, at the same time, its “furious power” has set fire to the civil war, social unrest and prolonged political crises.

46-63

Authors: Sergiu BRÎNZA

In this study it is revealed that the absence or presence of the cupidity purpose is the criterion that allows the delimitation of the offence of hooliganism (which involves the illegal and gratuitous taking of foreign goods because of hooligan motives) from the offences referred to at art.186-188, 190-192 PC RM. It is also concluded that the offence referred to at art.287 PC RM always implies situations with public implications. But only in some cases the offence actually is committed in public places. It is argued that the deliberate murder, as well as the intentional grave or ordinary battery or health harm may represent the violence that is applied because of the gross violation of public order. In this case, the classification must be made under art.145, 151 or 152 PC RM and art.354 "Average hooliganism" of the Contravention Code. At this level, the application of penal liability under art.145, 151 or 152 and art.287 PC RM is not permissible.

74-76

Authors: Anatolie BĂNĂRESCU

This research tends to make an analysis of the enforcement principles which are the guiding normative bases that characterize the content and the purpose of enforcement, which must be respected and which the subjects involved in the process of enforcement must take into account.

81-89

Authors: Veaceslav BOTNARI

Provisional remedies in civil lawsuits consists from a number of procedural measures with the purpose of safeguarding the effective enforceability of a judgment if the plaintiff’s claims are recognised eventually. Different interim measures offers protection against different unlawful action of a plaintiff, that’s why there is very important to set the proper interim measure for the specific case.

95-108

Authors: Nicolae CORCEA

The purpose of this scientific research consists in the identification of necessity of the victims of the family violence legal protection in the realm of Criminal law. In order to obtain clear results regarding the victim of the family violence, the author has submitted to a profound analysis the Directives of the Council of Europe and other international normative acts, as well as the internal legislation of the Republic of Moldova and Romania. The author has demonstrated the necessity of prevention of the increased risk of the secondary and repeated victimization of the family violence victims, as well as the highest risk of intimidation and revenge associated to such violence. With the intention of achievement of the basic purpose the author has performed a detailed analysis of the international documents in the sphere of struggle and prevention of the violent acts in family; elucidation of the term “family member”; examination of the protective measures implemented on the European level and of the related problems which can be met in the process of their solving at the international level; research of the national normative acts of the Republic of Moldova, taking into consideration the legislative experience of Romania. In order to improve the legal normative basis in Criminal law there were proposed new scientific concepts and legislative proposals to reform.

116-120

Authors: Anastasia GÎRLEA

This article refers to the delimitation between the crime of false denunciation and untruth statement, false conclusions or incorrect translation from other similar crimes. The author analyzes the connection between the crimes of false denun¬cia¬¬tion (art. 311 CC of RM) and crime of untruth statement, false conclusion and incorrect translation (art. 312 CC of RM), crime of deliberately untruth communication about the terrorist act (art. 281 CC of RM) and the crime of evidence falsification in the criminal proceedings (art. 310, par.(2) CC of RM). Also, the author refers to the connection between the crime of false denunciation and crime of untruth statement, false conclusion and incorrect translation in relation with the crime of refusal or evasion of the witness or injured party of make statement and the crime of evasion of the expert to make conclusions, evasion of interpreter or translator to make interpretation or to translate (art.314 CC of RM). The connection between crimes is analyzed based on the similarities and the differences among them. These aspects refer to legal object, the act (action or omission), other signs of the objective side, type of corpus delicti according to the result of the crime (result crime), moment when the crime is considered consumed, motive and purpose of the crime.

129-143

Authors: Ruslan POPOV

Among the scientists who helped develop the theoretical concept with regard to solving the problem concerning the subject of the offences set out at Chapters XV and XVI of the Special Part of the Penal Code are the following names: S.Brinza, V.Cusnir, D.-L. Melinte, V.Moraru, I.Nastas, V.Stati, C.Timofei, I.Turcan (Republic of Moldova); I.Brad, C.Duvac, A.O. Sabau-Pop (Romania); N.V. Bugaevskaia, V.A. Volkolupova, V.A Lobarev, M.N. Haciaturian, S.S. Cerebedov (Russian Federation); V.P. Kovalenko, R.L. Maximovici, T.Slutka (Ukraine). The works of these authors form the theoretical basis of our investigation. This study aims to complement previous research conducted in the field, highlighting some of the trends and new issues specific to the current stage of development of social relationships.

148-152

Authors: Jacob RUB

Money laundering is a leading factor in white-collar criminality, with a big effect upon Gross National Product of the Israeli and Moldova economies. Israel and Moldova have made the first steps In order to cope with money laundering phenomenon. The model of handling the phenomenon in the USA has been studied that constitutes a role model of fighting money laundering. The vast majority (77%) of all frauds were committed by individuals working in one of six departments: accounting, operations, sales, executive/upper management, customer service and purchasing. In Moldova, money laundering for the most part is connected to traditional forms and activities sources of illegal proceeds .Moldova is a transit country for money laundering. A money-laundering scandal is casting Moldova’s judiciary in an unfavorable light and is raising concerns about the government’s commitment to reforms needed to keep European Union integration on track. It is a need to address corruption as a national priority, and the priority of the relations between the EU and Moldova. The money laundering scandal indicates that Moldova is reluctant to wade deeply into judicial reform. In fact, the laundered of $20 billion, is an amount more than twice the size of Moldova’s GDP in 2013, and may be that it is just the tip of the iceberg, probably. White-collar criminality in Israel and Moldova means success of coping of the enforcement and judicial systems. In order to cope with this phenomenon, Israel makes its first steps. Anyway, the message must pave the way through a creation of a new model for dealing with reduction the isolated phenomenon of money laundering in both states.

157-168

Authors: Irina SELEVESTRU

In this study are analyzed the characteristics of the subject of the offences set forth in art.191 PC RM. Concerning this matter is stated that it is perfectly justified to establish the minimum age of 16 years for the penal liability of the subject to these offences. There have been also identified the six conditions that must be met by the manager in order to be considered the subject of the offences specified at art.191 PC RM. It is demonstrated that the Governor of NBM cannot comprise the quality of subject of the offence as provided by par.(21) art.191 PC RM. Instead, he may attract the quality of subject of the offences referred to at par.(1), (2), (3)-(5) art.191 PC RM. It is argued that, under par.(21) art.191 PC RM, the manager of the bank is the natural person who is not necessarily managing a bank as a legal entity. The important part is something else: the bank’s manager must be vested by law or status to assume obligations, either alone or with others, in the name and on behalf of the bank. In the absence of this condition, we cannot talk about a bank manager as referred to at par.(21) art.191 PC RM.

184-188

Authors: Mihai ŞTEFĂNOAIA

This article seeks, by the method of comparative law to provide better solutions, specific, relevant to the legislative process in the interpretation of the offence of human trafficking. The object of this research was formed by the following topics: the concept and nature of human trafficking; the recruitment, reception, shelter, harbor, transportation, transfer or acceptance of persons in order to exploit them; the factors contributing to the development of human trafficking; the problems ahead of preventing and combating human trafficking; the international legal instruments to prevent and combat trafficking in human beings etc. As research support of the analysis was the penal legislation of different countries, with special attention given to the following articles: art.165 „Human trafficking”, art.206 „Trafficking of children” the Penal Code of the Republic of Moldova; art.210 „Human trafficking”, art.211 „Trafficking of Minors” the Penal Code of Romania from 2009; par.1 art.1 of the Law of Saudi Arabia from 2009 on combating human trafficking; par.(1) art.1 of the Law of Ghana from 2005 on combating human trafficking; art.2 of the Law of Mauritius from 2009 on combating human trafficking; Article 3 of the Protocol to the UN Convention from 15.11.2000: the recruitment, transportation, transfer, harbor and reception of the victim; the Convention of the European Council from 03.05.2005 on fighting against human trafficking etc.

195-197

Authors: Iulia BĂNĂRESCU

This paper is an analytical analysis of the correlation between the will and agreement on an alive person. Referring to the purpose of enacting legal we mention that the will is a legal document free of charge, because the testator disposes of his assets without seeking order to gain any patrimonial advantage from testamentary heir, while the conclusion of such contracts both sides seek to obtain patrimonial benefits.

206-210

Authors: Oleg POALELUNGI, Parascovia POALELUNGI

Despite of the fact that the legal framework is in line with the European Union law, harmonization process should be continuous to face constant changes that are generated by vital evolution. In this context, the opportunity to take as reference points some successes in drafting normative-legal acts seen in neighboring states connects the Moldovan legislation to a perfect legal regime. In this context, we will undertake certain measures related to Article 10 of the Law of the Republic of Belarus no.361-3 of 01.10.2000 that refers to the domain of legal power of normative-legal acts from this country. Also, here we will summarize the components that characterize the legal power of normative-legal act and theoretical problems that have persisted in this domain, as well as the remedies. From the beginning, it is proposed the definition of legal power of normative-legal act phenomenon, prepared by the author in the thesis, in the same context being described the definition proposed by Byelorussian legislature. It is described the role of the legal provisions related to the judicial power. In the context of legal power of the normative-legal act is widely explained the mandatory issue of the legal act. There are recalled some moments of conflict of norms and normative-legal acts priority, legislative inflation and legal events. Finally, the author concludes the paper with conclusions form its own view on the topic addressed.