Studia Universitatis Moldaviae. Stiinte Sociale

12-25

Authors: Sergiu BRÎNZA, Vitalie STATI

Within this study the subject to interpretation was the normative provisions worked in the Penal Code by Law No.75/2016. When interpreting par.(21) art.186, par.(21) art.187, par.(21) art.188, par.(21) art.190 and par.(22) art.191 PC RM, we established the content of the concepts of „goods of cultural patrimony”, „archaeological sites” and „areas of archaeo¬logical potential”. It is argued then that the offences referred to at art.1991 PC RM can be committed with intention or by negligence. While interpreting the provisions of art.1992 PC RM, we also determined the semantics of the concepts of „unauthorized diggings”, „treasures”, „construction works”, „other techniques of intervention on the soil” and „archaeo¬logical discharge certificate”. Within the analysis process we also established the distinguishing criterion between the acts of concealing or illegal storage of movable archaeological goods (as mentioned in art.1993 PC RM) and the unlawful removal of the same goods (as mentioned at par.(21) art.186, par.(21) art.187, par.(21) art.188, par.(21) art.190 and par.(22) art.191 PC RM). With this regard it is demonstrated that the managing authority of the area, where the incidental archaeo¬logical discovery has been made, and/or the delegated representative of the public administration authority, are the ones to hold accountable for omitting to timely notify the public authorities on the made incidental discovery of movable archaeological goods (including treasures). And not least important is, as presented in the article, that in all cases, under lett. a) par.(3) art.1 of the Law on protection of monuments, public monuments have the property of monuments part of the cultural patrimony. By applying in art.222 PC RM the concept of „public monuments”, the legislature has implicitly considered that such a monument is a good belonging to the movable national cultural patrimony. As with regard to the funeral monument, under lett.a) par.(3) art.1 of the Law on protection of monuments, it can encompass the property of monument part of the cultural patrimony as well. However, when applying in art.222 PC RM the concept of „funeral monument”', the legislature hasn’t implicitly considered that such a monument is a good belonging to the national mo¬vable cultural patrimony. As a result, the desecration by means of destruction or damage of a public monument involves penal liability exclusively under art.222 PC RM. If by means of destruction or damage a monument is desecrated, which, besides being a funeral monument is also a good of cultural patrimony; the committed acts will form the sum of the offences provided by both art.1991 and art.222 PC RM.

33-38

Authors: Igor CIOBANU, Narciza NEDELCU

Being the matter of several scientific investigations and the object of various areas of research, this article aims to establish the rational basis of the concept of causal link in the Penal law or, as it is used in a broader sense – the concept of causality. In this context, within the analysis process the emphasis is made on the following points of concern: the causal link as an element of philosophy; the causal link as an object of the natural sciences; the causal link as an element of research within the Penal law. In the first case, the causality is considered and analyzed as an abstract scientific category, studied by a special compartment of philosophy – the determinism. Philosophy highlights the peculiarities, qualities, the characteristics of the causal link, formulates a number of theories concerning the essence of the causal link. With regard to the second case, the causal link is reviewed as a mandatory item of the objective reality, which evolves based on the rules of the natural sciences. At this level, the causal link is presented as a pure empirical causality. Finally, in the third case, the science of Penal law forms the theoretical construction of the causal link, logically falling within the concept of Penal law at the composition of the offence and the link between the elements of the offence. In this regard, the causal link acquires the quality of object of research belonging to the science of Penal law.

47-57

Authors: Lilia GÎRLA

The basic purpose of present study consists in scientific research of the psychological portrait of the victim in cases of inducement to suicide (art.150 CC RM) by means of psychological and psychiatric explanations as well as of the forensic medicine, which are relevant to the moment of decision-making in suicide. Especially, this scientific revise is dedicated to the most disputable aspects of differentiation between voluntary suicide, induced suicide and intentional murder of the victim committed by its physical force. As a result, the author has accepted the scientific points of view which are promoting the idea that the internal causes (such as psychiatric pathology of the victim) is the determinative one during the commission of ‘voluntary’ suicide, when the social causes (external) characterize the inducement to suicide in the sense of the article 150 CC RM, but a condition must be respected (condition sine qua non) – such causes must be ‘necessary’ and ‘sufficient’ in the process of decision-making in the cases of induced suicide. In such cases when the decision to commit a suicide being an individual, irrelevant, unforeseeable and excessive reaction of the victim is not in a causal relationship with the criminal misbehavior of the offender, and, as a result, the Corpus Delicti of inducement to suicide (art.150 CC RM) will be absent. The problem of euthanasia is not a matter of this scientific article. In order to obtain conclusions and recommendations which would be relevant and superior to the precedent scientific results, there will be performed a multilateral analysis of the suicide concept, an extensive scientific approach of the discussed phenomenon with implications of criminal law (psychology, psychiatry, legal medicine, criminology and sociology), as well as the demonstration of relevance of some cases from ECHR, and relevant judicial practice from Moldova and Romania.

67-73

Authors: Aurel Octavian PASAT

In the study conducted is investigated subjective side of offenses mentioned in art.248 and 249 PC RM (crimes of smuggling and the evasion of customs payments). It is argued that customs offenses can be committed only with direct intention. At the same time, it is demonstrates that the evasion of customs payments is committed with special purpose, this being mandatory sign of a crime. It shows that to be in the presence of prolonged smuggling it is necessary that the perpetrator to manifest single intention, coupled with a unique purpose, to all committed criminal actions.

86-89

Authors: Edgar ROTUNDU

The study analyzes the procedure undertaken computerized system ASYCUDA World application in actual customs practice activity in the Republic of Moldova. It was determined the main feature, basic principles and the mode of operation of such a system. Also, it was mentioned about features and benefits of applying the computerized system ASYCUDA World, as well as the progress Customs Service in adopting and implementing such a system.

98-101

Authors: Maria STRULEA

According to the requirements of criminal law, in order to exclude arbitrariness, the legislature must define offenses in sufficiently clear and precise terms. The principle of legality in criminal matters relates primarily to the quality of the criminal law, including the security of the provision’s recipient. The delimitation of the amount of substances restricted in the general civil circuit may have consequences for the person liable to criminal responsibility. The concerned article is set to analyze some problematic aspects of the criminal law of the Republic of Moldova on the criminalization of the illegal circulation of narcotic drugs.

109-116

Authors: Valeriu BABĂRĂ

The subject written in this article relates to the citizenship/nationality concept, analyzed from the Private International Law’s aspects, mostly in the Personal status matter, civil status and the Individual’s capacity.

124-127

Authors: Oleg BURLACU

The present article shall attempt to illustrate the concept of mens rea from an international criminal law perspective. We shall address the issue from a historical, doctrinal and jurisprudential perspective. The analysis, from a temporal perspective, shall consider the concept after the second wold war, precisely after the two international criminal tribunals from Nuremberg and Tokyo. Considering that neither the international doctrine, nor international jurisprudence can agree on the term of mens rea, for purely illustrative reasons, we shall analyse art.30 of the International Criminal Court Statute from the perspective of genocide.

134-137

Authors: Ala OTGON

The analysis conducted in this article aims to determine the legal nature of the right to demand division, especially under common ownership quota-party, right conferred by art.357 Civil Code of Republic of Moldova. Here are generalized and updated, in line with current legislation, the method of regulation the right of division regarding property in the share ownership, emphasizing the importance of knowing the correct and uniform application for legal practice. The following are determined the specific features of the right of division, also performed a comparison with the legal provisions of foreign law. The author brings clarity to the meaning of the terms division, potestative right and legal act of disposal, and in the process of research is conclude that the legal nature of the right to demand division is a potestative right.

146-150

Authors: Georgeta STEPANOV, Marina BOTNARIUC

Media campaignes are strong instruments that are used by press to spread social messages. The determination of theoretical models of these actual press segment is necessary to prove the activity of the media and it’s role of promovation of social interests.

159-168

Authors: Tudor MIC

In this paper we look at how techniques used in video games can be applied to the organizational change process, from the perspective of organizational communication, with the purpose to increase the efficacy of change and to successfully integrate in the organizational context the new elements, without having a negative impact on the culture or the activity. The proposed theoretical model is based on literature review conducted in the fields of Gamification and organizational communication. In order to reach a comprehensive and general solution we chose the specifics of qualitative research, but we also use the conclusions of quantitative research existent in the current literature. The main contribution of this research in the field of organizational change is the proposed general structure of a theoretical model that can be used as a guide in implementing Gamification within the organizational change process, as well as a guide in deciding the appropriate moment.

176-180

Authors: Laura TUGAREV

Cultural reportage may be considered the noblest genre of all. Being placed at the crossroads of journalism and literature, it has a series of elements, traditionally belonging to the literary texts, such as artistic marks and aesthetic vision. The cultural reportages may be generated by various cultural events: book launch events, sculpture exhibitions, ballet, symphony concerts. On the other hand, decorative art, architecture, pictures may also serve as a prerequisite for cultural reportages. The stylistics of the cultural reportages is focused both on precision and concision; the journalist should be able to transfer the reader to the location where the phenomenon took place, by using original elements that transforms the text into a “cell full of life” Cultural reportage can draw on the visual arts, using changes of perspective, and it can make use of metaphors, parables, and allegories.

189-196

Authors: Violeta COTILEVICI

After the proclamation of independence on 27 August 1991, the Republic of Moldova became one of the first sovereign states of the former USSR. One of the central purpose of the foreign policy of the Republic of Moldova is the expanding of bilateral relations with the most important european states. In this context, on going development of the Moldovan-French cooperation is presented as an indisputable priority. The impact of France on the international arena is essential; it is the fifth global economic power and ranks the fourth in the international trade. Francekeeps the first placein many economic sectors, especially in implementing advanced technologies. French officials' view weighs heavily in the decision-making process within the EU institutions. Politically it is well known the constant support of France for Moldova in the consolidation process of the state, of economic recovery and establishing democracy. The history of bilateral relations between Moldova and the French Republic are characterized byreciprocity, trust, pragmatismand mutual respectof national interests. Moldova is for the further strengthening of the political and economic dialogue, scientific-technical cooperation, deepening humanitarian ties.